Agenda packet — Santa Cruz City Council, June 25, 2024 (part 2 of 5)

10.05 No Obligation by Federal Government
A. The federal government is not a party to this contract and is not subject to any obligations or liabilities to the non-federal entity, contractor, or any other party pertaining to any matter resulting from the contract.

10.06 Program Fraud and False or Fraudulent Statements or Related Acts A. The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor’s actions pertaining to this contract.

10.07 Affirmative Socioeconomic Steps
A. If subcontracts are to be let, the prime contractor is required to take all necessary steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure that small and minority businesses, women’s business enterprises, and labor surplus area firms are used when possible.

10.08 License and Delivery of Works Subject to Copyright and Data Rights A. The Contractor grants to the City, a paid-up, royalty-free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, the Contractor will identify such data and grant to the City or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, the Contractor will deliver to the City data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by the City.

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20.30 AGREEMENT Exhibit B
APPENDIX A, 44 C.F.R. PART 18 – CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that:

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

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

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

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

The Contractor, _______________________, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any.

Date: ___________________
Signature of Contractor’s Authorized Official: ____________________________________ Name and Title of Authorized Official: __________________________________________ DocuSign Envelope ID: AD301E56-D285-4AEE-8533-0C61E9617983

20.31 PURCHASE AGREEMENT Exhibit C

EXHIBIT C

CITY OF SANTA CRUZ STANDARD TERMS AND CONDITIONS OF PURCHASE

1. Contract: The following terms and conditions shall govern all purchases by the City unless other terms are specifically designated by the City to apply or the City and Vendor have entered into another written agreement. Any terms or conditions (including price and delivery dates) proposed by the Vendor which are inconsistent with or in addition to these terms and conditions shall be void and of no effect unless and to the extent expressly accepted by the City in writing.

2. Delivery, Inspection, and Acceptance of Goods/Services: Goods/services are to be delivered to the location specified. All deliveries are F.O.B. destination.

Vendor acknowledges that time is of the essence in the performance of this contract. If the goods and/or services are not delivered within the time period stated on the Vendor’s proposal, or by a different date mutually agreed to in writing, the City reserves the right to cancel the order. If the City cancels the order because of late delivery, the Vendor will not be allowed to charge the City for any costs associated with the order and may be charged any increase in cost the City must pay for the replacement order. Charges not included in the contract will not be paid.

Within 14 calendar days, unless the contract stipulates a different time period, the City will inspect the goods received to verify compliance with specifications. If deficiencies are detected, the goods will be rejected and the Vendor will be required to make the necessary adjustments or replacements at the Vendor’s expense. Acceptance of the goods will be made when the City determines the goods received are in compliance with specifications and are free from defects.

3. Payment: All invoices shall contain correct bid or contract pricing, the applicable purchase order number, and the name of the City employee making the purchase. Invoices shall be sent to the dept. making the purchase. Vendor shall submit invoices to the City within 60 days of delivery of goods or provision of service. Invoices with incorrect pricing will be returned to the Vendor for correction. The City will pay approximately 30 days after acceptance of goods or services and receipt of a correct and undisputed invoice, whichever occurs last.

The City will take early payment discounts when the net payment period is over 15 days. The payment period will extend to the date that the invoices are paid. Should the Vendor become delinquent with any fees, assessments, or charges due to the City, the City will reduce any amount owed to the Vendor by the delinquent amount owed to the City. The City reserves the right to audit Vendor’s records when necessary.

4. Sales Tax: Sales tax must be stated separately on each invoice. If the current local sales tax is not charged, the City will remit all sales tax due directly to the California State Board of Equalization.

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5. Warranty: Vendor warrants that the item(s) provided and/or work performed under this contract comply with all specifications, are free of liens and encumbrances, and that workmanship and materials are free from defects. Work shall comply with nationally recognized codes and established industry standards. Equipment shall carry the manufacturers’ most favorable commercial warranties. The warranty period shall begin after acceptance of item(s) and/or work and shall extend thereafter for a period of ninety days, or as otherwise specified by the manufacturer’s standard warranty, whichever is later. Vendor agrees to remedy by replacing or repairing any item(s) that is damaged or defective during normal usage within the warranty period, at no additional cost to the City. Such repair or replacement shall occur within a reasonable time frame, to the satisfaction of the City.

6. Indemnity:

For General Services: To the fullest extent permitted by law, Vendor agrees to indemnify, defend, and hold harmless the City, its officials, officers, employees, and volunteers from and against any and all claims, demands, actions, liabilities, damages, judgments, or expenses, (including attorneys’ fees and costs) arising from the acts or omissions of Vendor, Vendor’s employees or agents, or in any way related to the obligations or the performance of services under this contract, except for design professional services as defined in Civil Code §2782.8, and except where caused by the sole or active negligence, or willful misconduct of City.

For Design Professional Services under Civil Code §2782.8: To the fullest extent permitted by law, Vendor agrees to indemnify, defend, and hold harmless City, its officials, officers, employees, and volunteers from and against any and all claims, demands, actions, liabilities, damages, or expenses, (including attorneys’ fees and costs) arising from the negligence, recklessness, or willful misconduct of the Vendor, Vendor’s employees or agents, in any way related to the obligations or the performance of design professional services under this contract as defined in Civil Code §2728.2, except where caused by the sole or active negligence, or willful misconduct of City. The costs to defend charged to the Vendor relating to the design professional services shall not exceed the Vendor’s proportionate percentage of fault per Civil Code §2782.8.

7. Compliance Requirements: Vendor shall be responsible for complying with all applicable Federal, State, and local laws and regulations including, but not limited to, City policies, ordinances, and Best Management Practices. Requirements vary based on the nature of the product to be provided and/or work to be performed; these shall include, but are not limited to, complying with the items listed below and following City Council policies regarding asbestos in products, polystyrene foam, recycled paper, and fair trade coffee. These policies are available on the City’s website here.
a. Licensing: Vendor warrants that it has complied with any and all federal, state, and local licensing requirements and agrees to provide proof of a current City of Santa Cruz Business Tax Certificate if:
i. Vendor is located in the City of Santa Cruz;
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20.33 PURCHASE AGREEMENT Exhibit C
ii. Will perform physical work in the City of Santa Cruz for 6 or more days annually; or
iii. 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.
b. Prevailing Wage: In performing “public work” pursuant to and subject to Labor Code §1720 et seq. under this contract, Vendor (and any subcontractor performing the work or services) shall conform to any and all prevailing wage requirements applicable to such work/and or services. All workers employed in the execution of a public works contract (as defined in Labor Code §1720 et seq. and §1782(d)(1)) must be paid not less than the specified prevailing wage rates for the type of work performed. (See Labor Code §§1720, 1774 and 1782.) Pursuant to Labor Code §1773.2, the current prevailing rate of per diem wages at the time of the contract as determined by the Director of the Department of Industrial Relations (DIR) may be on file at the dept. office awarding the public work.

Vendor shall post a copy of these rates at the work site, if any.

The “public work” project is subject to the compliance monitoring and enforcement by the DIR. The Vendor and subcontractor, if any, must be registered with the DIR to submit a bid or engage in the performance of any contract for public work pursuant to Labor Code §§1725.5 and 1771.1. The Vendor is responsible for posting job site notices as prescribed by regulation pursuant to Labor Code §1771.4(a)(2). The Vendor and each subcontractor, if any, must submit certified payrolls to the Labor Commissioner pursuant to Labor Code §1771.4.

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e. Apprentices. The Vendor is responsible for compliance with Labor Code §1777.5 for all apprentices whether employed directly or through subcontractors on a public works project.
f. Payroll Records. Pursuant to Labor Code §1776, for public works projects, the Vendor and any subcontractor shall keep, make available, and submit to the City within ten (10) days of receipt of a written request, certified payroll records. Pursuant to Labor Code § 1776(h), if the Vendor or any subcontractor fails to comply with the ten-day period, he or she shall, as a penalty to the City, forfeit the prescribed amount for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. The Vendor shall include provisions in its subcontracts as required to make this paragraph effective as to each subcontractor. Upon written request, the Vendor shall withhold penalties forfeited by a subcontractor pursuant to Labor Code §1776(h) and this paragraph from payment due to such subcontractor and remit such penalties withheld to the City. g. Hours of Labor. Pursuant to Labor Code § 1810, 8 hours of labor shall constitute a legal day’s work. Pursuant to Labor Code § 1813, the Vendor and each subcontractor, if any, shall, as a penalty to the City, forfeit the prescribed amount per calendar day for each worker required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week without being compensated in accordance with § 1815.

Vendor shall include terms in its subcontracts as required to make this paragraph effective as to each subcontractor. Upon written request, Vendor shall withhold penalties forfeited by a subcontractor pursuant to Labor Code §1813 and this paragraph from payments due to such subcontractor and remit such penalties withheld to the City. h. Storm Water Requirements: The Vendor, and all subcontractors, are required to abide by the applicable City of
Santa Cruz Storm Water Best Management Practices (BMPs) for the duration of the work.

The City’s mandatory Storm Water BMPs, which are listed according to the type of work, operations, or business, are located on the City website here.

8. Insurance: Prior to the beginning of and throughout the duration of this contract, Vendor will maintain insurance in conformance with the requirements set forth herein. Vendor will insure the City against claims for injuries to persons or damages to property which may arise from or in connection with the goods, or the work performed hereunder and the results of that work by Vendor, Vendor’s agents, representatives, employees or subcontractors. a. Standard 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, 877 Cedar Street, Suite 100, Santa Cruz, CA 95060,
• Certificate will be signed by an authorized representative, DocuSign Envelope ID: AD301E56-D285-4AEE-8533-0C61E9617983

20.35 PURCHASE AGREEMENT Exhibit C
• An endorsement will be provided to show the City, its officers, officials, employees, agents and volunteers as additional insured.
b. Minimum Scope and Limits of Insurance:

The Vendor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. The City will be entitled to coverage for the highest limits maintained by the Vendor. Coverage will be at least as broad as:
• Commercial General Liability (CGL): $2,000,000 per occurrence Proof of coverage for up to $2 Million per occurrence including products and completed operations, property damage, bodily injury, personal injury and advertising injury will be provided on Insurance Services Office (ISO) Form CG 00 01 covering CGL. If a general aggregate limit applies, either the general aggregate limit will apply separately to this project/location or the general aggregate limit will be at least twice the required occurrence limit.
• Automobile Liability: $1,000,000
Proof of coverage for $1 Million will be provided on ISO Form Number CA 00 01 covering any auto (Code 1), or if Vendor has no owned autos, hired, (Code 8) and nonowned autos (Code 9), per accident for bodily injury and property damage. • Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance: $1,000,000 per accident for bodily injury or disease. Must include a waiver of subrogation.
c. Additional Requirement for Professional Services
Professional Liability (Errors and Omissions): $2,000,000 per occurrence or claim, $2,000,000 aggregate
Vendor will maintain insurance appropriate to Vendor’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after date of completion of the services under this contract. 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, Vendor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.

20.36 PURCHASE AGREEMENT Exhibit C
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 the Vendor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage will be provided in the form of an endorsement to the Vendor’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 and CG 20 37 (if a later edition is used). • Primary Coverage
For any claims related to this contract, the Vendor’s insurance coverage will be primary insurance as respects the City, its officers, officials, employees, agents and volunteers.

Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers will be excess of the Vendor’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
Vendor hereby grants to the City a waiver of any right to subrogation which any insurer of said Vendor may acquire against the City by virtue of the payment of any loss, including attorneys’ fees, under such insurance. Vendor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

City may require Vendor 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 Entity.
• Verification of Coverage
Vendor will furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning will not waive the Vendor’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. a. Special Risks/Circumstances
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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, including but not limited to requiring the following:
• Data Breach Risk - Cyber Liability Insurance of limits no less than $5 Million per occurrence and $10 Million in the aggregate.
• Risk of Loss in Transporting Money - Cash In Transit Policy Insurance covering all risks of physical loss or damage while in transit or at premises for limits no less than $10 Million per occurrence and $20 Million in the aggregate. • Financial Breach Risk - Financial Crime Coverage for limits no less than $5 Million per occurrence and $10 Million in the aggregate.
• Risk in Transporting People or Goods in a Vehicle - Common Carrier Liability Insurance of limits no less than $10 Million per occurrence and $20 Million in the aggregate.
• Risk in Storing Vehicles – Garage-keeper’s Liability Insurance of limits no less than $2 Million per occurrence and $4 Million in the aggregate. • Construction Risks - Builder’s Risk (Course of Construction) Insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions, and name the City as loss payee.
• Environmental Hazard - Pollution Legal Liability Insurance with limits no less than $1 Million per occurrence or claim, and $2 Million in the aggregate. b. 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 Vendor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.
c. Subcontractors
Vendor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Vendor shall ensure that City, its officers, officials, employees, and volunteers are additional insureds on insurance required from subcontractors.

9. Travel Reimbursement Policy
When it is mutually agreed between the City and the vendor, the vendor’s employees will be reimbursed for travel expenses according to this policy. It is expected that all travel expenses incurred by vendors while conducting activities on behalf of the City will be at reasonable rates and that vendors will exercise prudence in incurring these expenses.

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20.38 PURCHASE AGREEMENT Exhibit C
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 8:00a qualifies for breakfast reimbursement. • Travel between 8:00a – 1:30p qualifies for lunch reimbursement. • Travel between 1:30p – 7:00p (or later) qualifies for dinner reimbursement. • Days between hotel stays and days starting before 8a and ending after 7p, qualify for the full GSA Meals & Incidental per diem rate.

Ground Transportation
Ground transportation is reimbursable when it is for travel between the vendor’s place of business, their employee’s home, an airport, or Santa Cruz hotel to their City work location.

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

2. Personal vehicles include vehicles owned by the vendor or their employees. • 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. 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 in the rental agreement 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 vendor’s place of business, or their 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.

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• 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 vendor must work on site for two or more consecutive days and the vendor’s place of business, or their employee’s home, 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

1. Travel expenses not listed 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 Department Head of the department contracting with the vendor.

4. Tips and gratuities will not be reimbursed.

5. Alcoholic beverage purchases will not be reimbursed.

6. Vendors will exercise prudence in incurring reimbursable expenses.

7. The City of Santa Cruz has the sole discretion to deny any proposed reimbursable expense the City has determined to be excessive, unethical, non-responsible, or an inappropriate use of public funds.

10. Mechanic’s Liens. Vendor shall timely pay all claims for labor and/or materials furnished to or for Vendor relating to this contract. Vendor shall not create, permit, or suffer any mechanic’s or materialmen’s liens of any kind or nature to be enforced against the City for any such work or activities performed. Vendor shall indemnify, defend and hold harmless the City from and against any and all liens, claims, demands, liabilities, costs and/or expenses of whatever kind or nature in any way connected with or growing out of such work done, labor performed and/or materials furnished. In the event any such liens shall be filed against the City, Vendor shall cause the same to be paid, discharged, released and satisfied within a commercially reasonable time, not to exceed five (5) business days from the date the same were recorded in the office of the applicable County Recorder. City shall have the right to post notices of non-responsibility on all or any part of any affected City property.

11. Governing Law: The contract will be construed and interpreted according to the laws of the State of California.

12. Assignment: The City reserves the right to cancel this contract if the contract is assigned without written consent of the City.

13. Subcontractors: Subcontracting of work without prior approval of the City, may result in contract termination. If at any time, the City determines any subcontractor is incompetent or undesirable, Vendor will be notified and will be expected to immediately cancel the subcontract.

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14. Contract Modifications: All changes to this contract will be approved in writing signed by both parties through an amendment to the contract.

15. Termination of Contract: The City or the Vendor may terminate the contract for convenience by providing written notice to the other party not less than 30 calendar days prior to an effective termination date.

The City or Vendor may terminate the contract for material breach of contract by providing written notice to the other party not less than 14 calendar days prior to an effective termination date.

Upon notice of termination, the Vendor will immediately take action not to incur any additional obligations, costs or expenses, except as may be reasonably necessary to terminate its activities. The City’s only obligation to the Vendor will be just and equitable payment for materials and/or services authorized by, and received to the satisfaction of, the City up to and including the effective date of termination. All finished or unfinished materials, supplies, goods, or documents procured or produced under the contract will become property of the City upon the termination date. The City reserves the right to purchase or obtain the supplies or services elsewhere, and the defaulting vendor will be liable for the difference between the prices set forth in the terminated order and the actual cost to the City. In no event will the City be liable for any loss of profits on the resulting order or portion thereof so terminated. After the effective date of termination, Vendor will have no further claims against the City under the contract. Termination of the contract pursuant to this paragraph may not relieve the Vendor of any liability to City for damages sustained by City because of any breach of contract by Vendor, and City may withhold any payments to Vendor for the purpose of set-off until such time as the exact amount of damages due City from Vendor is determined.

The rights and remedies provided in this section will not be exclusive and are in addition to any other rights and remedies provided by law or under the contract.

No hazardous materials or chemicals will be introduced into the workplace by the vendor unless approved in advance by the City. The City reserves the right to deny use of any hazardous substance or chemical that the City deems harmful and may affect City employees and/or members of the public.
b. Any precautions and/or protective measures to minimize the possibility of exposure will be communicated by the Vendor to the City and from there to City employees. c. Upon request, Vendor will provide records of their Hazard Communication Training DocuSign Envelope ID: AD301E56-D285-4AEE-8533-0C61E9617983

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Program.
d. All accidents, chemical spills, fires, accidents, property damage, etc., no matter how small, must be reported to the City immediately for investigation and documentation. e. Vendor must immediately notify the City in the event of an emergency and indicate what assistance is required.

17. Force Majeure: Neither party will be held responsible for delay or default caused by declared emergencies, natural disasters, or any other cause which is beyond the party's reasonable control. Vendor 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) covered by this contract from another source during any on-going suspension of service due to the circumstances outlined above.

18. Equal Employment Opportunity/Non-Discrimination: 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 and veteran status, or any other consideration made unlawful by local, State or Federal law. City requires Consultant to be in compliance with all applicable Federal and State and local equal employment opportunity acts, laws, and regulations and Consultant is responsible for ensuring that effective policies and procedures concerning the prevention of abusive conduct, discrimination, harassment, and retaliation exist in Consultant’s business organization. The City’s current Equal Employment Opportunity and Non-Discrimination policies to which this Section applies may be viewed at http://www.codepublishing.com/CA/SantaCruz/?SantaCruz09/SantaCruz0983.html and http://www.codepublishing.com/CA/SantaCruz/?SantaCruz09/SantaCruz0983.html.

Copies are available upon request from the City’s Purchasing Division.

19. Attorneys’ Fees. If any action at law or in equity is brought to enforce or interpret the provisions of this contract, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief.

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

21. MacBride Principles and the 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.

22. Vendor Not An Agent. Vendor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent.

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23. Contract Interpretation. Vendor acknowledges that it has reviewed this contract 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 contract.

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PURCHASE AGREEMENT FOR TREE SERVICES

WITH COMMUNITY TREE SERVICE, LLC
THIS PURCHASE AGREEMENT (“Purchase Agreement” or “Contract”), made and entered into on July 1 2024, (“Effective Date”) by and between the CITY OF SANTA CRUZ, a municipal corporation, hereinafter called “City,” and Community Tree Service, LLC, hereinafter called “Vendor” or “Contractor” for Tree Services. City and Vendor are individually referred to as a “Party” or collectively, as the “Parties”.

The Parties mutually agree as follows:

SECTION I: SERVICES
A. That for and in consideration of the City’s Request for Proposal and the Vendor’s response thereto, the Vendor hereby covenants and agrees to furnish any and all required services, further described below in the Scope of Work, attached hereto as Exhibit A, and will bear any and all other expense necessary or incidental to the performance of certain work hereinafter specified for On-Call Tree Services in strict conformity and compliance with the Contract Documents, as hereinafter defined, and in accordance with this Purchase Agreement.

B. Vendor will furnish all labor, material, equipment and services required to comply with the Contract Documents.

C. Vendor agrees that it may not begin providing the goods/services until the City approves a Purchase Order for such.

SECTION II: CONTRACT DOCUMENTS
A. Incorporation of Documents.

It is expressly agreed and understood by City and Vendor that the following documents are hereby incorporated and made a part of this Purchase Agreement (hereinafter the “Contract Documents”):

1. This Purchase Agreement with Exhibit A: Scope of Work and Fee Schedule;

2. Supplemental Contract Provisions for Contracts Funded in-Part by FEMA Public Assistance attached hereto as Exhibit B; and

3. City of Santa Cruz Standard Terms and Conditions of Purchase, except as amended herein by this Purchase Agreement in Section V – attached hereto as Exhibit C; B. Priority of Contract Documents.

The Parties to this Purchase Agreement do hereby expressly acknowledge that they have read, understand, and promise to comply with each and every provision of Contract Documents. In the event inconsistencies, conflicts, or ambiguities between and among the Contract Documents are discovered, the Parties shall attempt to resolve any ambiguity, conflict, or inconsistency informally, recognizing that the terms of the Contract Documents shall take precedence in the DocuSign Envelope ID: 86B694C4-C785-4F4B-8942-A59FD60628FA

20.44 PURCHASE AGREEMENT Page 2
order in which they are listed above. The terms of this Purchase Agreement shall take priority and control in the case of any conflicts with any of the exhibits attached hereto.

SECTION III: TERM OF PURCHASE AGREEMENT
The term of the Purchase Agreement will be from the Effective date for 3 years, terminating on June 30, 2027. Unless terminated consistent with the Contract Documents, the Parties have the option to renew for two (2) additional two (2)-year terms effective on the third and fifth anniversary of the Effective Date with an amendment to this Purchase Agreement based on the mutual agreement of the Parties. If either Party does not intend to renew this Purchase Agreement, they shall provide notice of non-renewal at least sixty days prior to the end of the then-current term.

SECTION IV: PAYMENT
The City agrees to pay Vendor at the rates specified in the Fee Schedule attached hereto, and in the manner and at the times set forth in the Contract Documents. Vendor shall not undertake any work beyond the Scope of Work set forth therein unless such additional work is approved in advance and in writing by City.

SECTION V: AMENDMENTS TO CITY’S STANDARD TERMS AND CONDITIONS The City of Santa Cruz Standard Terms and Conditions of Purchase (“City’s Standard Terms”), which is attached hereto as Exhibit C, as amended below, apply to this Purchase Agreement:

1. Section 8 of the City’s Standard Terms is deleted and replaced with the following:
“8. Insurance: Prior to the beginning of and throughout the duration of this Purchase Agreement, Vendor will maintain insurance in conformance with the requirements set forth herein. Vendor will insure the City against claims for injuries to persons or damages to property which may arise from or in connection with the goods, or the work performed hereunder and the results of that work by Vendor, Vendor’s agents, representatives, employees or subcontractors.
a. Standard 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 Purchase Agreement with the City, unless a longer duration is required as specified below.

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b. Minimum Scope and Limits of Insurance:

The Vendor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. The City will be entitled to coverage for the highest limits maintained by the Vendor. Coverage will be at least as broad as:
• Commercial General Liability (CGL): $2,000,000 per occurrence $2,000,000 aggregate
Proof of coverage for up to $2 Million per occurrence/aggregate including products and completed operations, property damage, bodily injury, personal injury and advertising injury will be provided on Insurance Services Office (ISO) Form CG 00 01 covering CGL.
• Automobile Liability: $1,000,000
Proof of coverage for $1 Million will be provided on ISO Form Number CA 00 01 covering any auto (Code 1), or if Vendor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), per accident for bodily injury and property damage.
• Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance: $1,000,000 per accident for bodily injury or disease. Must include a waiver of subrogation in favor of the City for all work performed by the Vendor and its employees in favor of the City for all work performed by the Vendor and their employees.
c. Other Insurance Provisions
The insurance policies are to comply with the following provisions:
• Additional Insured Status
The City, its officers, officials, and employees 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 the Vendor 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 the Vendor’s insurance at least as broad as ISO Form CG 20 10 11 85, or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 (if a later edition is used). • Primary Coverage
For any claims related to this Purchase Agreement, the Vendor’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 the Vendor’s and all subcontractor’s insurance and will not contribute with it.

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20.46 PURCHASE AGREEMENT Page 4
• 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
Vendor hereby grants to the City a waiver of any right to subrogation, except as otherwise not applicable, which any insurer of said Vendor may acquire against the City by virtue of the payment of any loss, including attorneys’ fees, under such insurance. Vendor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
• Self-Insured Retentions/Acceptability of Insurers
Self-insured retentions must be declared to and approved by the City. City may require Vendor 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. • Verification of Coverage
Vendor will furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning will not waive the Vendor’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.
• Subcontractors
Vendor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Vendor shall ensure that City, its officers, officials, employees, and volunteers are additional insureds on insurance required from subcontractors.

SECTION VI: MISCELLANEOUS PROVISIONS

1. Compliance with Laws. All activities of Vendor, its employees, subcontractors and/or agents will be carried out in compliance with all applicable federal, state, and local laws and regulations.

2. Site Conditions and Safety. During the course of performing the scope of work under this Purchase Agreement, the security and safety of the work area/site, materials, and equipment will be Vendor’s sole responsibility. Vendor shall not unreasonably interfere with the use of the public DocuSign Envelope ID: 86B694C4-C785-4F4B-8942-A59FD60628FA

20.47 PURCHASE AGREEMENT Page 5
right-of-way to the extent the public right-of-way is usable and accessible in part during the course of performing the work under this Purchase Agreement. Vendor shall provide all equipment, devices, signage, and personnel needed to ensure public safety at the work area/site and comply with applicable traffic safety requirements including the California Manual on Uniform Traffic Control Devices (MUTCD) standards. Vendor is responsible for supplying and using all safety equipment necessary to close or delineate traffic lanes to vehicle or pedestrian traffic. Lane closures, including parking lanes, will require notification to the City’s Traffic Management Division of the Transportation Department and posting of notices not less than 48 hours prior to closure. All waste, rubbish, other debris, and any excess excavated material shall be removed from the work site at the completion of the work, as applicable, in a manner that conforms to all applicable state, federal, and local laws and regulations. Vendor shall leave the City property and public right-of-way in a clean and orderly condition.

3. 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 Purchase 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. 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.

4. Vendor's Records. Vendor shall maintain accurate accounting records and other written documentation pertaining to the costs incurred relating to this Purchase Agreement for examination and audit by the City, State, or federal government, as applicable, in compliance with Gov. Code §8546.7 for a contract in excess of $10,000, or in compliance with other applicable federal laws (e.g. 48 CFR 31) or regulations for a period of three (3) years from: the date of the final City payment for Vendor’s goods/ or services, or from the date of final disposition of real property or equipment acquired with federal funds, or date of the termination of this Purchase Agreement, whichever is later. If Vendor engages a subcontractor to perform work related to this Purchase 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 Purchase Agreement.

5. Conflicts of Interest. Vendor acknowledges and agrees to comply with applicable provisions of conflict of interest laws and regulations, including the CA Political Reform Act (Gov’t. Code §§1090, 87100), Levine Act (Gov’t. Code §84308), and the City’s conflict of interest code, and make any necessary disclosures.

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6. California Public Records Act. City is a public agency subject to the disclosure requirements of the California Public Records Act (“CPRA”). If Vendor’s proprietary information is contained in documents or information submitted to City, and Vendor claims that such information falls within one or more CPRA exemptions, Vendor 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 Vendor prior to such disclosure. If Vendor 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 Vendor 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. Vendor 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 Vendor.

7. 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, California 95060
[email protected]
To VENDOR:

Community Tree Service, LLC
Alex Craig
416 Salinas Road
Royal Oaks, California 95076-5233
[email protected]
Changes to the above information shall be given to the other party in writing ten (10) business days before the change is effective.

8. Complete Agreement. This Purchase Agreement, and its incorporated documents comprising the Contract Documents, contain the entire agreement between the Parties with respect to the matters addressed herein and shall supersede all prior or other agreements, oral and written declarations of intent and other legal arrangements (whether binding or non-binding) made by the Parties.

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

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

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

12. Contract Interpretation. Each party acknowledges that it has reviewed this Purchase 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 Purchase Agreement.

13. Counterparts. The Parties may execute this Purchase 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.

14. Warranty of Authority. The signatories to this Purchase Agreement warrant and represent that each is authorized to execute this Purchase Agreement and that their respective signatures serve to legally obligate their respective representatives, agents, successors and assigns to comply with the provisions of this Purchase Agreement.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, this Purchase Agreement is executed by the on the day and year first hereinabove written.

Approved As To Form:

By: _____________________________ Date: __________________ Barbara H. Choi, Office of the City Attorney

CITY OF SANTA CRUZ
By: _____________________________ Date: __________________ ____________________, ____________
VENDOR
By: _____________________________ Date: __________________ Printed: ___________________________ Title: __________________ By: _____________________________ Date: __________________ Printed: ___________________________ Title: __________________ 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.

DocuSign Envelope ID: 86B694C4-C785-4F4B-8942-A59FD60628FA 6/20/2024

20.51 PURCHASE AGREEMENT Exhibit A

EXHIBIT A

SCOPE OF WORK AND FEE SCHEDULE
I. SCOPE OF WORK
A.Contract Objectives
The City's Contract Objectives are intended to ensure adequate ongoing maintenance of trees within the City of Santa Cruz limits and surrounding any City of Santa Cruz public assets. The goal of this contract will be to provide ongoing tree services to mitigate tree hazards to reduce risk to the public at a level expected by the City’s residents and visitors of the community.

Provide tree services in response to any emergencies.

The requirements of this contract have been separated into categories of work: on-call on an as-need basis and emergency work.

B.Minimum Qualifications
• Firm has no fewer than five years of experience in performing tree services. • Demonstrate experience in conducting work for government institutions of similar or larger size and scope.
• Have experience performing emergency work for a public agency and have the ability to have a crew onsite in response to an emergency call for service within 1 hour from the call from the city. • Firm must have a current D-49 state license.

C.Scope of Services
The Scope of Services includes categories of work that the Vendor may be asked to perform under this contract. Please note that because this is an on-call agreement that there is no guarantee of work.

General Tree Maintenance Standards
All work shall be done in conformity with:
• the most recent OSHA, American National Standards Institute (ANSI) A300 and Z133 standards and International Society of Arboriculture Best Management Practices, as may be updated, amended, or superseded.
• all City of Santa Cruz ordinances, policies, standards, and regulations, including Santa Cruz Municipal Code Chapters 13.30 (Street Tree and Nuisance Vegetation), 9.56 (Preservation of Heritage Trees and Heritage Shrubs) and Title 24 (Zoning). • All traffic control plans and devices must meet Manual on Uniform Traffic Control Devices (MUTCD) standards.

All work performed under the contract resulting from this solicitation shall be performed by qualified tree workers who, through related training or on the job experience, or both, are familiar with the practices and DocuSign Envelope ID: 86B694C4-C785-4F4B-8942-A59FD60628FA

20.52 PURCHASE AGREEMENT Exhibit A
hazards of arboriculture and the equipment used in such operations. Vendor shall have a certified arborist on staff or access to one as needed.

Vendor must present sufficient qualified personnel to carry out the project tasks in a timely fashion.

Task Category 1 - Tree Pruning by Climbing, Aerial Lift, or Crane and Disposal/Recycling of related Wood and Green Waste
Pruning trees may be requested in order to reduce failure potential of branches or entire tree, improve or maintain tree health, develop desired structure and appearance, prevent interference with the built environment or pedestrian or vehicular circulation, and other specific objectives. All tree debris generated as a result of the Contactor’s operations under this Contract will be recycled, disposed of, or left on site as agreed upon with the City Contact.

Task 1 Deliverables: Communication to City Contact reporting the scheduling and completion of the work for each specific project and any issues such as incidental damage or neighbor complaints. Work to meet satisfaction of City Contact.

Task 1 Timing: Based on the specific project work requested.

Task Category 2 - Tree Removal by Climbing, Aerial Lift, or Crane and Disposal/Recycling of related Wood and Green Waste
Tree removal shall consist of the total removal of all above ground plant parts in accordance with accepted industry standards leaving a stump that is as close to natural grade as possible unless otherwise specified.

All tree debris generated as a result of the Contactor’s operations under this Contract will be recycled, disposed of, or left on site as agreed upon with the City Contact.

Care shall be taken to prevent limbs, branches, trunks, and/or other tree parts from falling and creating damage to adjacent homes, driveways, sidewalks, streets, adjacent trees, and other property, both public and private.

Task Category 2 Deliverables: Communication to City Contact reporting the scheduling and completion of the work for each specific project and any issues such as incidental damage or neighbor complaints.

Work to meet satisfaction of City Contact.

Task Category 2 Timing: Based on the specific project work requested.

Task Category 3 – Stump Removal and Disposal/Recycling of related Wood and Green Waste Stump removal shall consist of the removal of the entire remaining tree trunk and associated buttress roots and grinding of the root ball to a depth and width specified by the City department requestor, typically within 4 to 18 inches below grade. The Contractor shall complete entire Underground Service Alert process prior to commencement of work. For applicable above grade stump removal projects, the stump removal area shall be crowned at two (2) inches above grade to allow for settling and shall be raked smooth and all remaining debris disposed of, or as specified by City Contact.

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20.53 PURCHASE AGREEMENT Exhibit A
Task 3 Deliverables: Communication to City Contact reporting the scheduling and completion of the work for each specific project and any issues such as incidental damage or neighbor complaints. Work to meet satisfaction of City Contact.

Task 3 Timing: Based on the specific project work requested.

Task Category 4 – Clean up and Disposal/Recycling of Wood, and Green Waste Outside of tasks listed in Categories 1 and 2
All tree debris under this Contract will be recycled, disposed of, or left on site as agreed upon with the City Contact.

Task 4 Deliverables: Communication to City Contact reporting the scheduling and completion of the work for each specific project and any issues such as incidental damage or neighbor complaints. Work to meet satisfaction of City Contact.

Task 4 Timing: Based on the specific project work requested.

Task Category 5 – Ongoing Tree Work and Support Services As part of ongoing maintenance to city facilities and parks, the vendor may be called upon to complete ongoing routine tree work inclusive of the list below.

1. Relocating existing trees to another location

2. Planting replacement trees and providing tree establishment support;

3. Completing mulching related to other tree services

4. Cabling, bracing, propping

5. Root pruning and root barrier installation
Task 5 Deliverables: Communication to City Contact reporting the scheduling and completion of the work for each specific project and any issues such as incidental damage or neighbor complaints. Work to meet satisfaction of City Contact.

Task 5 Timing: Based on the specific project work requested.

Task Category 6 – Emergency Response Tree Services
Emergency response shall occur within 30 minutes for a call back and 1 hour to have a crew on site for city service areas and working, and may be required during evenings, weekends, and holidays.

Vendor shall provide the name and contact information of a representative who shall be available (respond to phone or text messages within 15 minutes) 24 hours a day, 7 days a week, in the event of an emergency.

During the emergency, Vendor shall provide the City of Santa Cruz with all available supplies, materials, equipment and/or services on a priority basis. Vendor shall provide all equipment, devices, and personnel DocuSign Envelope ID: 86B694C4-C785-4F4B-8942-A59FD60628FA

20.54 PURCHASE AGREEMENT Exhibit A
needed to ensure public safety and establish proper traffic patterns per Manual on Uniform Traffic Control Devices (MUTCD) standards.

Service location(s) and estimated arrival time will be mutually agreed upon, by the City and Vendor, at time of call and will be determined based on need and existing conditions. It is understood that current conditions, such as power outages, road closures, natural disasters, and damages to the Vendor’s facility and/or equipment, will be taken into consideration. The City reserves the right to cancel the contract for unacceptable slow response to emergency calls.

City will be billed consistent with the Fee Schedule.

Task 6 Deliverables: On going communication to City Contact, Emergency Operations Director or any designee as needed during an emergency to report the status and completion of the work for each specific project. Communication to City Contact reporting the scheduling and completion of the work for each specific project and any issues such as incidental damage or neighbor complaints. Work to meet satisfaction of City Contact.

Task 6 Timing: within the expected completion time with the city contact.

D.Responsibilities of City
The City will be responsible for providing a designated City contact during the course of the project. Access to the facilities needed to complete the work.

E.Communication
Vendor and its employees shall be accessible for communication by cellular phone during all hours that the Vendor is conducting work within the city and during the City’s normal working hours. The Vendor shall have the ability to contact its lead person and crewmembers within 30 minutes of notification by the City.

F.Public Relations, Safety, and Cooperation
All tree work shall be conducted in a manner as to cause the least possible interference or annoyance to others. The Contractor shall endeavor to maintain good public relations at all times. The Contractor is required to identify the name of their company, confirm that they are a contracted vendor with the City of Santa Cruz, and identify the Foreman on duty if asked by a member of the public. Any follow up communication or inquiries from the public are to be directed and handled by the City Contact.

Contractor shall ensure that all fire hydrants, meter vaults, water and gas shut off valves and similar facilities are accessible during the course of work. Contractor shall maintain clear passage and least amount of inconvenience to public and private traffic ways, businesses, and residences.

Contractor shall strive to keep noise levels to a minimum at all times. Additionally, the Contractor shall abide by the City’s Noise Ordinance (Santa Cruz Municipal Code Section 9.36). The City’s noise ordinance prohibits performing loud work after 10:00 p.m. and before 8:00 a.m.. The City's Public Works Director may grant exceptions on a case by case basis and allow work to begin as no earlier than 7:00 a.m. for projects that have the potential to disrupt traffic, and whereby, that disruption could be alleviated by authorizing work to commence at 7:00 a.m..

The Contractor shall maintain all work sites in a safe, neat, clean, and orderly condition. All work sites are to be kept free from trash, debris, surplus material or other objectionable matter of any kind, subject to the satisfaction of the City Contact.

The Contractor shall provide an extra ground person on site for safety to ensure low impact to city, residents and businesses operations.

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20.55 PURCHASE AGREEMENT Exhibit A
G.Inspection and Review
The City may inspect all tree work as needed or as time allows. If deficiencies are detected, the Vendor will be required to make the necessary adjustments at the Vendor’s expense. The quality of tree service provided by the Vendor will be evaluated throughout the contract term. Unsatisfactory service may result in termination of the contract.

H.Accident Reporting
Vendor shall immediately notify the City of any accident, regardless of whether or not injury or damage is evident, involving the Vendor's staff, vehicles, or equipment while on a City work site. Vendor shall cooperate fully with City in the investigation of any injury or death occurring at any work site, including the supplying of reports or documentation as requested by the City.

I.Protection of Existing Facilities
The Contractor shall follow all ISA safety standards in the performance of the work on this project not to damage utility structures and substructures. Prior to beginning any operation, the Contractor is responsible for the entire Dig Alert process and other necessary utilities within the construction area.

The Contractor shall provide adequate and reasonable protection of existing City facilities from damage or injury at all times. The Contractor shall be responsible for the costs associated with all repairs or replacements of existing improvements that are damaged, injured, or removed as a result of performing work under these Specifications.

Contractor is prohibited from any unauthorized entry of private property during the execution of this Contract unless authorized by the City Contract Supervisor or property owner.

J.Damage to Public of Private Property
Contractor shall contact the City Contact immediately via email upon discovery of damage caused by the Contractor and include a photo image of the damage. Repairs to private or city property damaged by the Contractor shall be made within 48 hours, except utility lines that shall be repaired within the same working day. Repairs on private property shall be made in accordance with the appropriate building code under permits issued by the City of Santa Cruz Planning Department. Any damage caused by the Contractor shall be repaired or restored at the contractor’s expense to a condition similar or equal to that existing before the damage, in a manner acceptable to the City. Special attention should be taken to prevent damage to sprinkler and irrigations systems in parkways and parks. The contractor shall ensure that crews do not drive on City sidewalks in the performance of the work.

K.Interference with Other City Operations
Tree work for this project shall be coordinated with other City projects to minimize possible conflicts. The City reserves the right to direct a green waste disposal location as long as it does not cause undue hardship on the contractor.

Occasionally, activities or events deemed necessary by the City will interfere with the Contractor’s ability to complete services. In the event of a scheduling conflict, the City shall notify the Contractor within 24 hours to reschedule its work to avoid conflicts with any planned activities or other occurring work at the site(s).

L.Wildlife Protection
Contractor shall abide by all State and Federal wildlife protection regulations. State and Federal law prohibits disturbing eggs, active nests or nesting birds. The majority of nesting activity occurs in the late winter, spring, and can continue into early summer. Nests can also occur in cavities of trees. If birds or DocuSign Envelope ID: 86B694C4-C785-4F4B-8942-A59FD60628FA

20.56 PURCHASE AGREEMENT Exhibit A
nests are found, report to the City Contact or to the Urban Forester immediately. It is the Contractor’s responsibility to leave undisturbed any or all trees scheduled for removal if active nesting birds or eggs occupy the tree(s).

M.Vendor’s Employee Conduct
Vendor employees shall be fully clothed; clothing and tools shall be compliant with OSHA and ANSI standards
Vendor will agree to remove any employee whose conduct is unsafe, improper, inappropriate, or offensive as determined by the City. A removed employee(s) is not to work on City premises again without the written consent of the City. The Vendor will remove any employee from working in, or delivering to, a City facility that is convicted of a felony during his/her employment.

N.Traffic Control
The Contractor shall conform to all City traffic safety requirements and operating rules at all times. The Contractor will be responsible for supplying and using all safety equipment necessary to close or delineate traffic lanes to vehicle or pedestrian traffic. Lane closures, including parking lanes, when required by the City Contact, will require notification to the City’s Traffic Management Division of the Transportation Department and posting of notices not less than 48 hours prior to closure.

Pedestrian and vehicular traffic shall be allowed to pass through the work areas only under conditions of safety and with as little inconvenience and delay as possible. Unless the work area is totally barricaded otherwise kept safe, at least one representative of the Contractor shall serve to coordinate safe operations on the ground at all times when work operations are in progress.

O.Background Check
Only employees of the firm who successfully pass the City-required background check will be allowed on Police Department, Water Treatment Plant, and Wastewater Treatment Facility properties. The Vendor will be responsible for the cost of background checks and must confirm that all proposed employees have completed and passed a background check. Background checks will be completed before the employee is allowed facility access.

P.Exclusions and Alternate Sources
Vendor will provide services covered in the contract. In the event the Vendor is unable to supply the services when needed, the City reserves the right to order services from any source able to perform the work.

Excluded from this specification are all good or services 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, or the commodity is not appropriately classified under this specified contract.

Q.Service Area
The “Service Area” shall include areas within the City of Santa Cruz limits and any outlying areas serviced by the City Departments. Service to the “Service Area” must be available seven (7) days a week, if required.

Each City Department may have different hours of operations, but all non-urgent deliveries shall be done within regular business hours. All emergency/urgent deliveries shall be coordinated with each respective ordering Department. The Vendor is required to provide as needed [RFP Title] upon request by any City Department.

R.Contractor Responsibilities
DocuSign Envelope ID: 86B694C4-C785-4F4B-8942-A59FD60628FA

20.57 PURCHASE AGREEMENT Exhibit A

1. Standards of Conduct. Vendor is responsible for maintaining standards of employee competence, conduct, courtesy, appearance, honesty, and integrity satisfactory to the City during its performance of the Work.

2. Supervision. Vendor shall provide adequate and competent supervision at all times during the Contract Term, as specified in Section 2.3. Vendor shall be readily available to meet with the City upon the City’s request. Contractor shall provide the telephone numbers where its representative(s) can be reached during regular business hours and an emergency contact for non-business hours.

3. City Premises. Vendor’s employees and agents shall comply with all City rules and regulations while performing the Work and while on City premises.

4. Removal of Employee. City may request Vendor immediately remove from assignment to the City any employee found unfit to perform duties at the City. Vendor shall comply with all such requests.

Communication. Vendor shall ensure that onsite employees can communicate in English both verbally and in writing.

DocuSign Envelope ID: 86B694C4-C785-4F4B-8942-A59FD60628FA

20.58 PURCHASE AGREEMENT Exhibit A
II. FEE SCHEDULE
On-Call Tree Services
Pricing for all Labor at prevailing wage rates and Equipment Needed to complete the following Task Categories from the Scope of Work below:

Task Category 1 - Tree Pruning by Climbing, Aerial Lift, or Crane and Disposal/Recycling of Related Wood and Green Waste Task Category 2 - Tree Removal by Climbing, Aerial Lift, or Crane and Disposal/Recycling of Related Wood and Green Waste Task Category 3 - Stump Removal and
Disposal/Recycling of Wood, and Green Waste
Task Category 4 - Clean up and Disposal/Recycling of Wood, and Green Waste Outside of tasks listed in categories 1, 2, and 3 Task Category 5 - Ongoing Tree Work and Support Services Task Category 6 - Emergency Response Tree Services
**For Task 6 - Emergency Response Rates, please note that contractor may be paid at the 1.5X or 2X Overtime rate for emergencies, as applicable.

If work for Task 6- Emergency response is being conducted during normal business hours, the normal hourly rate will apply.

Name of Position (For example Senior Tree Trimmer,
Tree Trimmer, Tree Maintenance Laborer,
Groundsperson, Equipment Operator, Crane Operator,
Supervisor, ISA Certified Arborist, etc.)
Total Hourly
Rate of Pay
at Prevailing
Wage Rates
*if
applicable
Fully
Burdened
Hourly Rate
(include all
benefits and
overhead)

1.5X
Overtime
Hourly
Rate
Fully
Burdened

1.5X
Overtime
Hourly
Rate
2X
Overtime
Hourly
Rate
Fully
Burdened
2X
Overtime
Hourly
Rate
Journeyman Tree Trimmer (Line Clearance Certified) $

61.93 $ 87.00
$
-
$
104.18
$
146.00
Tree Trimmer After 12 (Line Clearance Certified) $

56.42 $ 79.00
$
-
$

94.45 $
133.00
Tree Trimmer 6-12 (Line Clearance Certified) $

50.89 $ 72.00
$
-
$

84.69 $
119.00
Tree Trimmer Start (Line Clearance Certified) $

45.37 $ 64.00
$
-
$

94.45 $
133.00
DocuSign Envelope ID: 86B694C4-C785-4F4B-8942-A59FD60628FA

20.59 PURCHASE AGREEMENT Exhibit A
Equipment Operator (Heavy Equipment) $

86.67 $ 122.00
$
113.54
$
159.00
$
140.41
$
197.00
Groundsman After 6 (Line Clearance Certified) $

38.11 $ 54.00
$
-
$

65.58 $

92.00 Groundsman Start (Line Clearance Certified) $

35.24 $ 50.00
$
-
$

60.59 $

85.00 Senior Tree Trimmer $

40.52 $ 62.00
$

55.10 $

78.00 $

69.67 $

98.00 Tree Trimmer $

37.32 $ 57.00
$

50.40 $

71.00 $

63.47 $

89.00 Groundperson $

34.19 $ 48.00
$

45.75 $

65.00 $

57.32 $

81.00 Operating Engineer (Landscape) $

80.27 $ 113.00
$
104.94
$
147.00
$
129.60
$
182.00
Crane Operator $

95.28 $ 96.00
$
142.92
$
144.00
$
190.56
$
192.00
ISA Certified Arborist $ 125.00
$
-
$
173.00
$
-
$
215.00
Supervisor $ 125.00
$
-
$
173.00
$
-
$
215.00
Traffic Flagger $ 88.00
$
-
$
122.00
$
-
$
152.00
Foreman $ 100.00
$
-
$
138.00
$
-
$
172.00
DocuSign Envelope ID: 86B694C4-C785-4F4B-8942-A59FD60628FA

20.60 PURCHASE AGREEMENT Exhibit A
Equipment (For example loader, excavator, trailers,
stump grinder, chipper, crane, trucks, water tanker)
Fully
Burdened
Hourly Rate
of
Equipment
Aerial Lift (up to 75') $

72.00 Aerial Lift (76'-100') $
115.00
40 Ton Crane $
158.00
60 Ton Crane $
338.00
Tow Behind Stump Grinder $

48.00 18" Brush Chipper $

72.00 24" Brush Chipper $

90.00 Self-Loading Grapple Truck $
104.00
6 Ton Mini-Excavator with Grapple Attachment $

63.00 6 Ton Mini-Excavator with Mower Attachment $
104.00
3 Axle Trailer $

32.00 Water Buffalo $

25.00 Sennebogen 718
$
338.00
Sennebogen 738
$
473.00
DocuSign Envelope ID: 86B694C4-C785-4F4B-8942-A59FD60628FA

20.61 PURCHASE AGREEMENT Exhibit A
Air Curtain Burner
$
158.00
Tigercat Feller Buncher
$
338.00
Traffic Control Equipment (Up to 10 Signs and 100
Cones)
$

40.00 Chip Truck
$

68.00 Mini Skid Steer with Grapple Attachment
$

63.00 Mini Skid Steer with Mower Attachment
$

86.00 Tractor with a Heavy Duty Brush Mower Attachment
$
108.00
Disposal fees (only applicable if materials disposed
of at a Resource Recovery Facility)
By weight,
volume, or
load (please
specify)
Disposal fees will be passed through without markup.

DocuSign Envelope ID: 86B694C4-C785-4F4B-8942-A59FD60628FA

20.62 PURCHASE AGREEMENT Exhibit B

EXHIBIT B

SUPPLEMENTAL CONTRACT PROVISIONS FOR CONTRACTS FUNDED IN-PART

BY FEMA PUBLIC ASSISTANCE
ARTICLE 1 - REMEDIES

1.01 Remedies for Breach of Contract
A. For contracts exceeding $250,000, the following shall apply. If the Contractor violates or breaches the Contract, the City may avail itself of any or all of the remedies provided for elsewhere in this Contract. If there are no remedies provided for elsewhere in this Contract, the City may avail itself of any or all of the following remedies. After declaring the Contractor in default pursuant to the procedures in paragraph (a) of subdivision (2) of this section (B) below, the City may (i) withhold payment for unsatisfactory services, (ii) suspend or terminate the Contract in whole or in part; and/or(iii) have the services under this Contract completed by such means and in such manner, by contract procured with or without competition, or otherwise, as the City may deem advisable in accordance with all applicable Contract provisions and law. After completion of the services under this Contract, the City shall certify the expense incurred in such completion, which shall include the cost of procuring that contract. Should the expense of such completion, as certified by the City, exceed the total sum which would have been payable under the Contract if it had been completed by the Contractor, any excess shall be promptly paid by the Contractor upon demand by the City. The excess expense of such completion, including any and all related and incidental costs, as so certified by the City may be charged against and deducted out of monies earned by the Contractor.

ARTICLE 2 - TERMINATION

2.01 Termination for Cause and Convenience
A. The City shall have the right to terminate the Contract in whole or in part for cause, for convenience, due to force majeure.

1. Termination for Cause. The City shall have the right to terminate the Contract, in whole or in part, for cause upon a determination that the Contractor is in default of the Contract.

Unless a shorter time is determined by the City to be necessary, the City shall effect termination according to the following procedure:
i. Notice to Cure. The City shall give written notice of the conditions of default, setting forth the ground or grounds upon which such default is declared (“Notice to Cure”).

The Contractor shall have ten (10) days from receipt of the Notice to Cure or any longer period that is set forth in the Notice to Cure to cure the default. The City may temporarily suspend services under the Contract pending the outcome of the default proceedings pursuant to this section.
ii. Opportunity to be Heard. If the conditions set forth in the Notice to Cure are not cured within the period set forth in the Notice to Cure, the City may declare the Contractor in default. Before the City may exercise his or her right to declare the Contractor in default, the Contractor must be given an opportunity to be heard upon DocuSign Envelope ID: 86B694C4-C785-4F4B-8942-A59FD60628FA

20.63 PURCHASE AGREEMENT Exhibit B
not less than five (5) business days’ notice. The City may, in its discretion, provide for such opportunity to be in writing or in person. Such opportunity to be heard shall not occur prior to the end of the cure period but notice of such opportunity to be heard may be given prior to the end of the cure period and may be given contemporaneously with the Notice to Cure
iii. Notice of Termination. After an opportunity to be heard, the City may terminate the Contract, in whole or in part, upon finding the Contractor in default. The City shall give the Contractor written notice of such termination (“Notice of Termination”), specifying the applicable provision(s) under which the Contract is terminated and the effective date of termination. If no date is specified in the Notice of Termination, the termination shall be effective either 10 calendar days from the date the notice is personally delivered or 15 calendar days from the date Notice of Termination is sent by another method. The Notice of Termination shall be personally delivered, sent by certified mail return receipt requested, or sent by fax and deposited in a post office box regularly maintained by the United States Postal Service in a postage pre-paid envelope.
iv. Grounds for Default. The City shall have the right to declare the Contractor in default:

1. Upon a breach by the Contractor of a material term or condition of this Contract, including unsatisfactory performance of the services;

2. Upon insolvency or the commencement of any proceeding by or against the Contractor, either voluntarily or involuntarily, under the Bankruptcy Code or relating to the insolvency, receivership, liquidation, or composition of the Contractor for the benefit of creditors;

3. If the Contractor refuses or fails to proceed with the services under the Contract when and as directed by the City;

4. If the Contractor or any of its officers, directors, partners, five percent (5%) or greater shareholders, principals, or other employee or person substantially involved in its activities are indicted or convicted after execution of the Contract under any state or federal law of any of the following:
a. a criminal offense incident to obtaining or attempting to obtain or performing a public or private contract;
b. fraud, embezzlement, theft, bribery, forgery, falsification, or destruction of records, or receiving stolen property; a criminal offense incident to obtaining or attempting to obtain or performing a public or private contract;
c. fraud, embezzlement, theft, bribery, forgery, falsification, or destruction of records, or receiving stolen property;
d. a criminal violation of any state or federal antitrust law; e. violation of the Racketeer Influence and Corrupt Organization Act, 18 U.S.C. § 1961 et seq., or the Mail Fraud Act, 18U.S.C. § 1341 et seq., for acts in connection with the submission of bids or proposals for a public or private contract;
f. conspiracy to commit any act or omission that would constitute grounds for conviction or liability under any statute described in subparagraph (d) DocuSign Envelope ID: 86B694C4-C785-4F4B-8942-A59FD60628FA

20.64 PURCHASE AGREEMENT Exhibit B
above; or
g. an offense indicating a lack of business integrity that seriously and directly affects responsibility as a City vendor.

5. If the Contractor or any of its officers, directors, partners, five percent (5%) or greater shareholders, principals, or other employee or person substantially involved in its activities are subject to a judgment of civil liability under any state or federal antitrust law for acts or omissions in connection with the submission of bids or proposals for a public or private contract; or

6. If the Contractor or any of its officers, directors, partners, five percent (5%) or greater shareholders, principals, or other employee or person substantially involved in its activities makes or causes to be made any false, deceptive, or fraudulent material statement, or fail to make a required material statement in any bid, proposal, or application for the City of Santa Cruz or other government work.
v. Basis of Settlement. The City shall not incur or pay any further obligation pursuant to this Contract beyond the termination date set by the City in its Notice of Termination. The City shall pay for satisfactory services provided in accordance with this Contract prior to the termination date. In addition, any obligation necessarily incurred by the Contractor on account of this Contract prior to receipt of notice of termination and falling due after the termination date shall be paid by the City in accordance with the terms of this Contract. In no event shall such obligation be construed as including any lease or other occupancy agreement, oral or written, entered into between the Contractor and its landlord.

2. Termination for Convenience. The City shall have the right to terminate the Contract for convenience, by providing written notice (“Notice of Termination”) according to the following procedure. The Notice of Termination shall specify the applicable provision(s) under which the Contract is terminated and the effective date of termination, which shall be not less than 10 calendar days from the date the notice is personally delivered or 15 days from the date the Notice of Termination is sent by another method. The Notice of Termination shall be personally delivered, sent by certified mail return receipt requested, or sent by fax and deposited in a post office box regularly maintained by the United States Postal Service in a postage pre- paid envelope. The basis of settlement shall be as provided for in subparagraph (v) of paragraph (a) of subdivision (2) of this section (B), above.

3. Termination due to Force Majeure
i. For purposes of this Contract, a force majeure event is an act or event beyond the control and without any fault or negligence of the Contractor (“Force Majeure Event”). Force Majeure Events may include, but are not limited to, fire, flood, earthquake, storm or other natural disaster, civil commotion, war, terrorism, riot, and labor disputes not brought about by any act or omission of the Contractor. ii. In the event the Contractor cannot comply with the terms of the Contract (including any failure by the Contractor to make progress in the performance of the services) because of a Force Majeure Event, then the Contractor may ask the City to excuse the nonperformance and/or terminate the Contract. If the City, in its reasonable discretion, determines that the Contractor cannot comply with the terms of the Contract because of a Force Majeure Event, then the City shall excuse the nonperformance and may terminate the Contract. Such a termination shall be DocuSign Envelope ID: 86B694C4-C785-4F4B-8942-A59FD60628FA

20.65 PURCHASE AGREEMENT Exhibit B
deemed to be without cause.
iii. If the City terminates the Contract due to a Force Majeure Event, the basis of settlement shall be as provided for in subparagraph (v) of paragraph (A) (1) of Section 2.01 above.

ARTICLE 3 – EQUAL EMPLOYMENT OPPORTUNITY

3.01 Equal Employment Opportunity Requirements
A. The following applies to all construction contracts. During the performance of this contract, the contractor agrees as follows:

1. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual 7 See 2 C.F.R. Part 200, Appendix II, § C. Contract Provisions Guide 11 orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

3. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.

4. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

5. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

DocuSign Envelope ID: 86B694C4-C785-4F4B-8942-A59FD60628FA

20.66 PURCHASE AGREEMENT Exhibit B

6. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

7. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other Contract Provisions Guide 12 sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

8. The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a state or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.

The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees DocuSign Envelope ID: 86B694C4-C785-4F4B-8942-A59FD60628FA

20.67 PURCHASE AGREEMENT Exhibit B
that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.

ARTICLE 4 – CONTRACT WORK HOURS AND SAFETY STANDARDS ACT

4.01 Compliance with the Contract Work Hours and Safety Standards Act The following applies to contracts exceeding $100,000 and involve the employment of mechanics, laborers, and construction work.

A. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

B. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in this section.

C. Withholding for unpaid wages and liquidated damages. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in this section.

D. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (A) through (D) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (A) through (D) of this section.

4.02 Further Compliance with the Contract Work Hours and Safety Standards Act A. The contractor or subcontractor shall maintain payrolls and basic payroll records during DocuSign Envelope ID: 86B694C4-C785-4F4B-8942-A59FD60628FA

20.68 PURCHASE AGREEMENT Exhibit B
the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid.

B. Records to be maintained under this provision shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the Department of Homeland Security, the Federal Emergency Management Agency, and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job.

ARTICLE 5 – CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT

5.01 Compliance with Clean Air Act
A. For contracts exceeding $150,000, the contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.

B. The contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency (FEMA), and the appropriate Environmental Protection Agency Regional Office.

C. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal assistance provided by FEMA.

5.02 Compliance with Federal Water Pollution Control Act A. For contracts exceeding $150,000, the contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the federal Water Pollution Control Act, as amended, 33 U.S.C. § 1251 et seq.

B. The contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency (FEMA) and the appropriate Environmental Protection Agency Regional Office.

C. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal assistance provided by FEMA.

ARTICLE 6 – DEBARMENT AND SUSPENSION

6.01 Suspension and Debarment
A. This contract is a covered transaction for purposes of 2 C.F.R. Part 180 and 2 C.F.R. Part 3000. As such, the contractor is required to verify that none of the contractor’s principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).

B. The contractor must comply with 2 C.F.R. Part 180, subpart C and 2C.F.R. Part 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. This certification is a material representation of fact relied upon by the City. If it is later determined that the contractor did not comply with 2 DocuSign Envelope ID: 86B694C4-C785-4F4B-8942-A59FD60628FA

20.69 PURCHASE AGREEMENT Exhibit B
C.F.R. Part 180, subpart C and 2 C.F.R. Part 3000, subpart C, in addition to remedies available to the City, the federal government may pursue available remedies, including but not limited to suspension and/or debarment.

C. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. Part 180, subpart C and 2 C.F.R. Part 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.

ARTICLE 7 – BYRD ANTI-LOBBYING AMENDMENT

7.01 Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended) A. Contractors who apply or bid for an award of more than $100,000 shall file the required certification. Each tier certifies to the tier above that it will not and has not used federally 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.

Each tier shall also 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 recipient who in turn will forward the certification(s) to the federal awarding agency.

ARTICLE 8 – PROHIBITION ON CONTRACTING FOR COVERED

TELECOMMUNICATIONS EQUIPMENT OR SERVICES

8.01 Prohibitions
A. Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons.

B. Unless an exception in paragraph (C.) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to:

1. Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system;

2. Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; or

3. Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or
DocuSign Envelope ID: 86B694C4-C785-4F4B-8942-A59FD60628FA

20.70 PURCHASE AGREEMENT Exhibit B

4. Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

C. Exceptions.

1. This clause does not prohibit contractors from providing— i. A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
ii. Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

2. By necessary implication and regulation, the prohibitions also do not apply to:
i. Covered telecommunications equipment or services that:
i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system.
ii. Other telecommunications equipment or services that are not considered covered telecommunications equipment or services.

D. Reporting requirement.

1. In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information.

2. The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:
i. Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. ii. Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

E. Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (E.), in all subcontracts and other contractual instruments.

DocuSign Envelope ID: 86B694C4-C785-4F4B-8942-A59FD60628FA

20.71 PURCHASE AGREEMENT Exhibit B
ARTICLE 9 – DOMESTIC PREFERENCES FOR PROCUREMENTS

9.01 Domestic Preference for Procurements
A. As appropriate, and to the extent consistent with law, the contractor should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products.

B. For purposes of this clause:

1. Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.

2. Manufactured products mean items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

ARTICLE 10 – OTHER PROVISIONS

10.01 Access to Records
A. The Contractor agrees to provide the City, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions.

B. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.

C. The Contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract.

D. In compliance with section 1225 of the Disaster Recovery Reform Act of 2018, the City and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States.

10.02 Changes
A. The cost of any contract change, modification, amendment, addendum, change order, or constructive change must be necessary, allocable, within the scope of the agreement, reasonable for the scope of work, and otherwise allowable.

10.03 Department of Homeland Security Seal, Logo, and Flags A. The Contractor must obtain permission before using the Department of Homeland Security (DHS) seal(s), logos, crests, reproductions of flags, or likenesses of DHS agency officials.

DocuSign Envelope ID: 86B694C4-C785-4F4B-8942-A59FD60628FA

20.72 PURCHASE AGREEMENT Exhibit B

10.04 Compliance with Federal Law, Regulations, And Executive Orders and Acknowledgement of Federal Funding
A. This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The Contractor will comply with all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives.

DocuSign Envelope ID: 86B694C4-C785-4F4B-8942-A59FD60628FA

20.73 AGREEMENT Exhibit B
APPENDIX A, 44 C.F.R. PART 18 – CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that:

20.74 PURCHASE AGREEMENT Exhibit C

EXHIBIT C

CITY OF SANTA CRUZ STANDARD TERMS AND CONDITIONS OF PURCHASE

2. Delivery, Inspection, and Acceptance of Goods/Services: Goods/services are to be delivered to the location specified. All deliveries are F.O.B. destination.

DocuSign Envelope ID: 86B694C4-C785-4F4B-8942-A59FD60628FA

20.75 PURCHASE AGREEMENT Exhibit C

6. Indemnity:

20.76 PURCHASE AGREEMENT Exhibit C
ii. Will perform physical work in the City of Santa Cruz for 6 or more days annually; or
iii. Will use company vehicles to deliver within the City of Santa Cruz for 6 or more days annually.

Vendor shall post a copy of these rates at the work site, if any.

DocuSign Envelope ID: 86B694C4-C785-4F4B-8942-A59FD60628FA

20.77 PURCHASE AGREEMENT Exhibit C
e. Apprentices. The Vendor is responsible for compliance with Labor Code §1777.5 for all apprentices whether employed directly or through subcontractors on a public works project.
f. Payroll Records. Pursuant to Labor Code §1776, for public works projects, the Vendor and any subcontractor shall keep, make available, and submit to the City within ten (10) days of receipt of a written request, certified payroll records. Pursuant to Labor Code § 1776(h), if the Vendor or any subcontractor fails to comply with the ten-day period, he or she shall, as a penalty to the City, forfeit the prescribed amount for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. The Vendor shall include provisions in its subcontracts as required to make this paragraph effective as to each subcontractor. Upon written request, the Vendor shall withhold penalties forfeited by a subcontractor pursuant to Labor Code §1776(h) and this paragraph from payment due to such subcontractor and remit such penalties withheld to the City. g. Hours of Labor. Pursuant to Labor Code § 1810, 8 hours of labor shall constitute a legal day’s work. Pursuant to Labor Code § 1813, the Vendor and each subcontractor, if any, shall, as a penalty to the City, forfeit the prescribed amount per calendar day for each worker required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week without being compensated in accordance with § 1815.

The City’s mandatory Storm Water BMPs, which are listed according to the type of work, operations, or business, are located on the City website here.

20.78 PURCHASE AGREEMENT Exhibit C
• An endorsement will be provided to show the City, its officers, officials, employees, agents and volunteers as additional insured.
b. Minimum Scope and Limits of Insurance:

20.79 PURCHASE AGREEMENT Exhibit C
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 the Vendor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage will be provided in the form of an endorsement to the Vendor’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 and CG 20 37 (if a later edition is used). • Primary Coverage
For any claims related to this contract, the Vendor’s insurance coverage will be primary insurance as respects the City, its officers, officials, employees, agents and volunteers.

20.80 PURCHASE AGREEMENT Exhibit C
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, including but not limited to requiring the following:
• Data Breach Risk - Cyber Liability Insurance of limits no less than $5 Million per occurrence and $10 Million in the aggregate.
• Risk of Loss in Transporting Money - Cash In Transit Policy Insurance covering all risks of physical loss or damage while in transit or at premises for limits no less than $10 Million per occurrence and $20 Million in the aggregate. • Financial Breach Risk - Financial Crime Coverage for limits no less than $5 Million per occurrence and $10 Million in the aggregate.
• Risk in Transporting People or Goods in a Vehicle - Common Carrier Liability Insurance of limits no less than $10 Million per occurrence and $20 Million in the aggregate.
• Risk in Storing Vehicles – Garage-keeper’s Liability Insurance of limits no less than $2 Million per occurrence and $4 Million in the aggregate. • Construction Risks - Builder’s Risk (Course of Construction) Insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions, and name the City as loss payee.
• Environmental Hazard - Pollution Legal Liability Insurance with limits no less than $1 Million per occurrence or claim, and $2 Million in the aggregate. b. 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.

DocuSign Envelope ID: 86B694C4-C785-4F4B-8942-A59FD60628FA

20.81 PURCHASE AGREEMENT Exhibit C
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 8:00a qualifies for breakfast reimbursement. • Travel between 8:00a – 1:30p qualifies for lunch reimbursement. • Travel between 1:30p – 7:00p (or later) qualifies for dinner reimbursement. • Days between hotel stays and days starting before 8a and ending after 7p, qualify for the full GSA Meals & Incidental per diem rate.

DocuSign Envelope ID: 86B694C4-C785-4F4B-8942-A59FD60628FA

20.82 PURCHASE AGREEMENT Exhibit C
• 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.

General

1. Travel expenses not listed 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 Department Head of the department contracting with the vendor.

4. Tips and gratuities will not be reimbursed.

5. Alcoholic beverage purchases will not be reimbursed.

6. Vendors will exercise prudence in incurring reimbursable expenses.

11. Governing Law: The contract will be construed and interpreted according to the laws of the State of California.

12. Assignment: The City reserves the right to cancel this contract if the contract is assigned without written consent of the City.

DocuSign Envelope ID: 86B694C4-C785-4F4B-8942-A59FD60628FA

20.83 PURCHASE AGREEMENT Exhibit C

14. Contract Modifications: All changes to this contract will be approved in writing signed by both parties through an amendment to the contract.

The City or Vendor may terminate the contract for material breach of contract by providing written notice to the other party not less than 14 calendar days prior to an effective termination date.

The rights and remedies provided in this section will not be exclusive and are in addition to any other rights and remedies provided by law or under the contract.

20.84 PURCHASE AGREEMENT Exhibit C
Program.
d. All accidents, chemical spills, fires, accidents, property damage, etc., no matter how small, must be reported to the City immediately for investigation and documentation. e. Vendor must immediately notify the City in the event of an emergency and indicate what assistance is required.

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

Copies are available upon request from the City’s Purchasing Division.

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

22. Vendor Not An Agent. Vendor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent.

DocuSign Envelope ID: 86B694C4-C785-4F4B-8942-A59FD60628FA

20.85 PURCHASE AGREEMENT Exhibit C

DocuSign Envelope ID: 86B694C4-C785-4F4B-8942-A59FD60628FA

20.86 City of Santa Cruz
Purchasing

EVALUATION TABULATION
Request For Proposal - Tree Services

Page 1 ends

EVALUATION TABULATION
RFP No. RFP No. FIN-0045
Tree Services
RESPONSE DEADLINE: January 4, 2024 at 3:00 pm
Thursday, June 6, 2024
Vendor Total Score
(Max Score 100)
Lewis Tree Service Inc 94.99
Community Tree Service, LLC 94.62
West Coast Arborists, Inc. 89.77
Davey Tree Expert 85.72
Bay Area Tree Specialists 80.33
West Coast Tree Service, Inc. 74.73

20.87 City Council

AGENDA REPORT
DATE: 06/04/2024
AGENDA OF: 06/25/2024
DEPARTMENT: Finance
SUBJECT: Pass-Through Agreement with Community Bridges/CTSA of Santa Cruz County - TDA Claimant (FN)
RECOMMENDATION: Motion to authorize and direct the City Manager to execute an agreement with Community Bridges/Consolidated Transportation Services Agency/State Transit Assistance (STA), allowing the City to act as claimant for funds obtained from the Santa Cruz County Regional Transportation Commission (SCCRTC) for FY 2025.

BACKGROUND: Community Bridges relies on funding from the SCCRTC to support its programs. The City annually serves as a pass-through agent between Community Bridges and the SCCRTC. Accordingly, Community Bridges is again requesting that the City act as claimant for funds for the coming FY 2025. Since Community Bridges is unable to act as claimant for itself, it must request that an outside entity perform this service.

DISCUSSION: The SCCRTC has budgeted $854,841 for CTSA operations as well as $263,226 in STA funding, which will each be disbursed in four installments during the fiscal year. Please see Community Bridges’ Letter of Request and Exhibits A, Operating and Capital Budget; B, CTSA Five Year Capital Improvement Plan; C, Operating Plan; D, Schedule of Payments; E, Statement of Role and Responsibility; F, Reporting Period; G, Operating Statistics; H, Community Bridges Agency Board Resolution; and I, SCCRTC Apportionment Schedule.

The City contract stipulates in Item 2 that the City will make payments to Community Bridges for the amount received from the SCCRTC in each fiscal year. In addition, SCCRTC bylaws language stipulates that changes may occur in funding amounts, as needed, during the course of a fiscal year.

FISCAL IMPACT: The City of Santa Cruz will serve as a pass-through agent. The only impact on the City is staff time to serve as the pass-through agent and to submit an Annual State Controllers Transit Report in regards to acting as the pass-through agent.

Prepared By:

Joseph Balasabas
Accounting Technician
Submitted By:

Elizabeth Cabell
Director of Finance
Approved By:

Matt Huffaker
City Manager

21.1 ATTACHMENTS:

1. LETTER OF REQUEST.PDF

2. AGREEMENT.PDF

3. EXHIBITS A-I.PDF

21.2 May 16, 2024
Ms. Elizabeth Cabell
Finance Director
City of Santa Cruz
1200 Pacific Avenue, Suite 290
Santa Cruz, CA 95060
RE: CTSA/City of Santa Cruz Claim for FY 2024/2025 TDA/STA Revenues Dear Ms. Cabell:

This letter serves as Community Bridges request for the City of Santa Cruz to continue act as the claimant for the Consolidated Transportation Services Agency (CTSA) for Transportation Development Act (TDA) and State Transit Assistance (STA) funding through the Santa Cruz County Regional Transportation Commission (SCCRTC) in the Year 2024/2025.

We understand the SCCRTC will allocate $854,841 for CTSA operations as well as $263,226 in STA funding. These funds will be used to operate a variety of specialized transportation services throughout Santa Cruz County serving low-income seniors and residents with disabilities who are unable to utilize traditional public transit.

These funds will allow Community Bridges' Lift Line to continue to operate a variety of vital specialized transportation programs serving low-income seniors and disabled individuals who are unable to utilize traditional public transit. TDA funds will be used for the Taxi Scrip programs operating in South and North County, non-emergency medical transportation, and transportation to Meals on Wheels Senior Dining Centers and Elderday Adult Day Health Center. The STA funds will be used for Same Day and Out of County program through the whole FY24-25, helping connect seniors, veterans and medically complex children and individuals to need medical services.

Enclosed are the following:

1.2024/2025 TDA Claim Form, Written Report of Activities, and CHP Inspection Report

2.2024/2024 Operating & Capital Budget (Exhibit A, pages 1-2)

3.CTSA Five Year Capital Improvement Plan (Exhibit B)

4.Operating Plan (Exhibit C-1, pages 1-2 & C-2, page 1)

5.Schedule of Payments Requested (Exhibit D)

6.Statement of Role and Responsibility (Exhibit E)

7.CTSA Reporting Period & Performance Measures (Exhibit F)

8.3-year Operating Statistics and Budget to Actuals (Exhibit G1-G2)

9.Community Bridges Agency Board Resolution 2024-03-02

21.3 Community Bridges’ Lift Line attests to the accuracy of the claim and all its accompanying documentation. I hope this claim can be submitted to the Santa Cruz City Council for approval at its upcoming meeting. If you require any additional information, please contact me at 831-688-8840 or [email protected]
On behalf of Lift Line clients and Community Bridges, I thank the City Council and its staff for its continued support of these vital transportation service programs.

Thank you,
Raymon Cancino, CEO
Cc: J.Balasabas
D. Underhill
M. Miller

21.4 21.5

21.6 21.7

21.8 COMMUNITY BRIDGES - LIFT LINE / CTSA EXHIBIT A, Page 1 of 2 TDA 2024-2025 BUDGET
1,118,067 300-71.0
TDA/STA Non-TDA CTSA TDA/STA Non-TDA CTSA
2024-25 2024-25 2024-25 2023-24 2023-24 2023-24

ACCOUNT TITLE BUDGET BUDGET BUDGET BUDGET BUDGET BUDGET PERSONNEL:

Salaries & Wages 551,844 1,036,275 1,588,119 591,168 861,613 1,452,781 Fringe Benefits: Unemployment 5,786 6,151 11,937 4,434 1,886 6,320 Workers Comp 29,816 44,079 73,895 26,479 44,854 71,333
Health Insurance 57,924 191,563 249,487 49,561 105,316 154,877 FICA 47,064 68,606 115,670 45,224 56,078 101,302
401K Plan 5,724 12,276 18,000 3,951 6,692 10,643
TOTAL PERSONNEL COSTS: 698,157 1,358,951 2,057,108 720,817 1,076,439 1,797,256 SERVICES & SUPPLIES:

OPERATING:

Vehicle Operations-Fuel 46,416 73,293 119,709 44,006 74,542 118,548 Vehicle Licenses 7,930 8,430 16,360 5,839 9,892 15,731
Vehicle Repair & Maintenance 19,400 72,206 91,606 27,433 46,469 73,902 Vehicle Insurance 43,883 46,655 90,538 35,585 60,278 95,863 Communications-Radio 21,882 54,212 76,094 27,731 46,975 74,706 TOTAL VEH. OPERATING COSTS: 139,511 254,796 394,307 140,595 238,155 378,750 OTHER OPERATING & ADMINISTRATION COSTS:

Professional Services 0 94,361 94,361 90,731 90,731
Janitorial Services & Supplies 2,887 5,132 8,019 2,862 4,849 7,711 Legal services & Audit 0 7,092 7,092 0 6,935 6,935
Publicity/Media 0 27,552 27,552 0 25,911 25,911
Special Events 0 421 421 0 405 405
Staff travel 884 5,066 5,950 0 3,317 3,317
Minor Equipment 2,611 7,934 10,545 3,764 6,376 10,140
Equip Maintenance/Repair 1,306 2,316 3,622 1,293 2,190 3,483 Office Supplies 1,897 4,493 6,390 1,782 3,019 4,801
Program Supples 11,106 16,965 28,071 10,019 16,972 26,991 Vehicle Maintenance Supplies 2,658 3,444 6,102 2,178 3,689 5,867 Computer Supplies/Related 3,923 5,822 9,745 3,478 5,892 9,370 Postage 1,288 2,092 3,380 1,206 2,044 3,250
Utilities 6,417 22,503 28,920 6,370 10,790 17,160
Space Maintenance 3,160 5,114 8,274 2,953 5,003 7,956
Telephone 1,461 2,275 3,736 1,334 2,259 3,593
Misc Fees 1,890 5,724 7,614 2,718 4,603 7,321
Staff Training 1,765 3,424 5,189 1,852 3,138 4,990
Insurance-General Liability & Fidelity 2,910 0 2,910 2,910 0 2,910 Memberships/Subscriptions 1,955 11,363 13,318 4,754 8,052 12,806 Printing & Copying 356 379 735 262 445 707
Advertising (Recruitment) 2,763 10,158 12,921 3,720 6,300 10,020 Interest Expense 0 65,309 65,309 0 65,259 65,259
Subsidized Taxi - Elderday Rides 0 4,289 4,289 0 4,124 4,124 Subsidized Taxi - MOW Rides 0 0 0 0 0 0
Subsidized Taxi - LL Rides 44,834 47,666 92,500 44,337 48,163 92,500 Subsidized Taxi - Scrip 21,400 0 21,400 21,400 0 21,400 Nonsubsidized Taxi-Measure D Svcs 0 61,651 61,651 0 59,280 59,280 Trxfer to/from Equip Reserve 0 0 0 0 0
Deprec-Groupwise Upgrade 11,243 11,243 30,640 30,640
Major Equipment - Non 5310 0 0 0 100,000 100,000
300 Property Fixed Asset 0 516,533 516,533 0 600,000 600,000 Leasehold Improvements 0 0 0 0 0 0
Debt Repayment 0 20,000 20,000 0 20,000 20,000
Agency Overhead 162,928 291,510 454,438 167,271 220,055 387,326 TOTAL ADMINISTRATION COSTS: 280,398 1,261,832 1,542,230 286,464 1,360,439 1,646,904 TOTAL EXPENDITURES 1,118,067 2,875,578 3,993,645 1,147,876 2,675,034 3,822,910 TOTAL REVENUES 1,118,067 2,875,578 3,993,645 1,147,876 2,675,034 3,822,910 NET GAIN (LOSS) 0 0 0 0 0 0

21.9 COMMUNITY BRIDGES - LIFT LINE / CTSA EXHIBIT A, Page 2 of 2 TDA 2024-2025 BUDGET
TDA/STA Non-TDA CTSA TDA Non-TDA CTSA
2024-25 2024-25 2024-25 2023-24 2023-24 2023-24

ACCOUNT TITLE BUDGET BUDGET BUDGET BUDGET BUDGET BUDGET REVENUE:

TDA 854,841 0 854,841 875,569 0 875,569
STA 263,226 0 263,226 272,307 0 272,307
City of Capitola 44,000 44,000 44,000 44,000
City of Watsonville 0 0 1,250 1,250
State of Good Repair 0 0 200,000 200,000
County of Santa Cruz 0 0 0 0
County of SC-Measure D Sales Tax 1,110,111 1,110,111 1,076,000 1,076,000 CARB 30,000 30,000 30,000 30,000
LCTOP 147,222 147,222 50,000 50,000
Transfer From Measure D Reserve 463,000 463,000 369,034 369,034 Area Agency on Aging-Title IIIB 20,000 20,000 20,000 20,000 FTA Section 5310-Expanded 120,000 120,000 120,000 120,000 Monterey Peninsula Foundation 75,000 75,000 75,000 75,000 CPUC TNC 63,051 63,051 61,051 61,051
Outside Contracts-Other 441,000 441,000 305,402 305,402 Scrip - Client Payments 12,000 12,000 9,379 9,379
MOW Intra-Program Charges 22,500 22,500 22,500 22,500
Elderday Intra-Program Charges 289,944 289,944 258,393 258,393 Donations 19,750 19,750 18,025 18,025
Program Income-Other 0 0 0 0
Vehicle Maintenance Intra-Program Charges 12,000 12,000 12,000 12,000 Vehicle Sales 6,000 6,000 3,000 3,000
TOTAL REVENUES 1,118,067 2,875,578 3,993,645 1,147,876 2,675,034 3,822,910

CTSA CTSA CTSA

FINAL BUDGET BUDGET
OPERATING FUND SOURCES FY 22-23 FY 23-24 FY 24-25
TDA 972,132 875,569 854,841
STA 294,221 272,307 263,226
City of Capitola 0 44,000 44,000
City of Watsonville 1 1,250 0
State of Good Repair 2 200,000 0
County of Santa Cruz 4,375 0 0
County of SC-Measure D Sales Tax 1,017,162 1,076,000 1,110,111 Transfer From Measure D Reserve 0 369,034 463,000
CARB 177,203 30,000 30,000
LCTOP 215,264 50,000 147,222
FTA Section 5310-Trad 0 0 0
Area Agency on Aging-Title IIIB 20,000 20,000 20,000
FTA Section 5310-Expanded 93,926 120,000 120,000
Monterey Peninsula Foundation 40,000 75,000 75,000
CPUC TNC 0 61,051 63,051
Outside Contracts-Other 39,626 305,402 441,000
Scrip - Client Payments 10,781 9,379 12,000
Scrip - Health Project Center 0 0 0
MOW Intra-Program Charges 22,500 22,500 22,500
Elderday Intra-Program Charges 210,600 258,393 289,944
Donations 6,270 18,025 19,750
PPP Loan Forgiveness 0 0 0
Vehicle Maintenance Intra-Program Charges 8,736 12,000 12,000 Vehicle Sales 0 3,000 6,000
TOTAL REVENUES 3,132,798 3,822,910 3,993,645

21.10 EXHIBIT B

CAPITAL REVENUE
Projected Projected Projected Projected Projected
2024-2025 2025-2026 2026-2027 2027-2028 2028-2029
Fund Balance $130,038 $130,363 $70,689 $70,866 $71,043
FTA Section 5310 $0 $0 $0 $210,000 $0
Addition to Fund $24,013 $0 $0 $0 $0
Fund Interest $325 $326 $177 $177 $178
Total $154,376 $130,689 $70,866 $281,043 $71,220

CAPITAL EXPENDITURES
2024-2025 2025-2026 2026-2027 2027-2028 2028-2029
Equipment Purchase $24,013 $60,000 $0 $210,000 $0
Major Maintenance $0 $0 $0 $0 $0
Total $24,013 $60,000 $0 $210,000 $0
Year-End Balance $130,363 $70,689 $70,866 $71,043 $71,220 Notes:
1 As capital grants are indefinite, and as capital equipment arrival dates vary, projected figures may require adjustment.
2 In FY 2024-2025 Lift Line is paying $24,013 from TDA for a final payment of for Ecolane transit scheduling software. The purchase of the solutions including the implimentation of th software and hardware and training is a capitalized purchase over a 3 FY time-frame. 3 In FY 2025-2026 Lift Line will be utilizing TDA equipment reserves for purchasing vehicle maintenace equipment at the Lift Line facility.
4 Lift Line is going to apply $210,000 equipment funding for vehicle and computer purchase in FY 2027-2028.

CTSA FIVE YEAR CAPITAL IMPROVEMENT PLAN 24/25
FISCAL YEARS: 24/25 THROUGH 28/29
T:\GRANT MGMT\LIFT LINE\24-25\Grants & Contracts\TDA STA Claim\TDA STA 24-25\TDA Capital Plan Exhibit B1

21.11 EXHIBIT C-1
Lift Line / CTSA
FY24/25 OPERATING PLAN
The Lift Line program provides demand-responsive, specialized non-emergency health and medical transportation for low-income seniors and disabled residents of Santa Cruz County.

Riders are not charged a fare for the service. Service is generally provided from 8:00 AM to 4:00 PM, seven days a week (with the exception of published holidays), while Lift Line also coordinates additional services on behalf of its clients outside these hours.

Service is focused on individuals that live outside the METRO ParaCruz service area, those who are unable to afford the METRO ParaCruz fare, those that do not meet the ADA complementary paratransit eligibility requirements, those needing same day service, and those that need a higher level of service than can be provided by METRO ParaCruz. Lift Line operates a fleet of 26 wheelchair accessible vans. Transportation is provided to destinations such as doctors’ offices, pharmacies, Elderday Adult Day Health Care, Senior Dining Centers, out of county medical destinations, dialysis sites, and various medical therapy appointments. Clients are generally asked to book their medical rides between 8:30am and 3:30pm.

Lift Line is seeking to continue TDA Medical Rides service and ensure this service reaches those with the most need. Lift Line projecting 5,720 TDA Medical Rides for FY 24/25.

The TDA Medical Rides program serves as a safety net service for medical rides outside the ADAmandated METRO paratransit service areas. Eligible individuals may schedule rides to medical destinations as late as one day in advance, with no fares collected. Currently all of the residents that receive medical rides are low income and below the federal 200% poverty level. Lift Line staff continue to update participant applications to reflect the new Federal Government poverty level guidelines to ensure income and disability eligibility is maintained by participants.

Lift Line also coordinates with the local taxi companies to offer the Taxi Scrip (TS) program.

Lift Line is projecting 2,279 Taxi Scrip rides in FY 24/25.

The Taxi Scrip program serves as a safety net service for medical rides and non-medical rides needed outside the ADA-mandated METRO paratransit service areas. Individuals may purchase subsidized taxi scrip so that they can directly schedule taxi rides. Taxi companies own and operate vehicles that are fully accessible for mobility devices such as wheelchairs. Currently all residents that receive Taxi Scrip at a discount are low income and below the federal 200% poverty level. Currently clients can purchase three $10.00 books, for a total of $30.00 worth of scrip, for $8.00 which would give them approximately one (1) or two (2) rides per book. There is currently a limit to purchase six books per person per quarter.

Lift Line is projecting 10,838 Meals on Wheels rides for FY 24/25, 5,682 of which will be funded with TDA funds.

We are on track to meet our projected goal for the current fiscal year. Lift Line will continue to coordinate with the Meals on Wheels program to help them meet any increase attendance demands at all of the senior dining centers. Lift Line continues to meet with the Meals on Wheels Program Director and site managers to review unmet transportation service needs.

21.12 Exhibit C – 1
Lift Line / CTSA 24/25 Operating Plan
Lift Line is projecting 24,772 Elderday rides in FY 24/25, of which 14,493 are funded by TDA.

The Elderday program provides outpatient adult day health care to seniors and community residents who need constant care, and/or are diagnosed with dementia or Alzheimer’s disease. Almost all of these participants use wheelchairs or walkers, and require vans with lifts. Generally, these clients are very frail and need personal, door-to-door assistance. Elderday rides are reflective of the level of client service that Lift Line drivers provide to patients with critical needs.

Lift Line is seeking to continue STA Same Day and Out of County service and ensure this service reaches those with the most need. Lift Line projecting 1,908 STA Same Day and Out of County Rides for FY 24/25.

The STA Same Day and Out of County Rides program serves as a safety net service same dy and out of County rides. Eligible individuals may schedule same day rides, with no fares collected.

Currently all of the residents that receive medical rides are low income and below the federal 200% poverty level. Lift Line staff continue to update participant applications to reflect the new Federal Government poverty level guidelines to ensure income and disability eligibility is maintained by participants.

Lift Line staff will continue to work with the Santa Cruz County Regional Transportation Commission’s Elderly and Disabled Transportation Advisory Committee (E&D TAC) in identifying and addressing unmet needs. Lift Line continues to work with the E&D TAC in meeting the Unmet Transit and Paratransit Needs as well as the recommendations of the Paratransit Coordination Task Force. For those who don’t qualify for METRO ParaCruz or MediCal assistance, we will continue to help them complete the required paperwork to make it easier for them to use the current TDA programs that meet their specific needs. In our role as the Consolidated Transportation Service Agency, Lift Line will continue working with other transportation providers to ensure maximum efficiency and coordination of rides for all residents.

Lift Line will continue to focus its resources on transportation needs that are not being met by other paratransit services, such as ADA-mandated METRO ParaCruz. Through TDA funding, Lift Line will continue to serve those not eligible for METRO ParaCruz service, specifically lowincome individuals who cannot afford the $8.00 to $12.00 round-trip METRO ParaCruz fare, those who don’t meet the strict ADA qualifications, and those with origins/destinations outside of the METRO ParaCruz service area. Because Lift Line provides safety net services to those ineligible or unable to use other services, its goal is to provide flexible programs, scheduling, and dispatching that can respond to the changing needs of all participants.

Community Bridges maintains comprehensive auto and general liability coverage, including the City of Santa Cruz and SCCRTC as additional insured parties. A copy of each insurance certificate shall be filed with the City and with SCCRTC

Page 2 of 2 ends

21.13 OPERATION PLAN SERVICE OF UNITS
EXHIBIT C-2
2024/2025
TABLE 1 - TDA/STA PROPOSED SERVICE UNITS

TAXI MEDICAL MEALS ON STA TOTAL TOTAL

SCRIP TDA WHEELS ELDERDAY FUNDING UNITS
FUNDS ALLOCATED $69,112 $422,309 $146,538 $205,639 $263,226 $1,106,824

OPERATING COST
$7.71 $44.82 $18.10 $13.70 $90.66
A. PROGRAM MANAGEMENT
i.e., Mgmt Personnel: Director, Fleet Mgr, Admin $3.05 $25.43 $8.15 $3.33 $27.20 Asst, Info Mgr, Rent, Liability Insur., Phone,
Supplies, etc.

B. ADMINISTRATION

14.57% of total cost per unit. $1.83 $16.84 $2.17 $2.97 $20.10 TOTAL COST PER SERVICE UNIT $12.59 $87.07 $28.42 $20.01 $137.96 24/25 PROJECTED TDA/STA UNITS OF SERVICE 5,491 4,850 5,156 10,279 1,908 27,684 EQUIPMENT PURCHASE MATCH $11,243
TOTAL TDA/STA CLAIM REQUEST $1,118,067

NON-TDA SUPPORTED
TABLE 2 - OTHER CTSA SERVICE UNITS
Meals on Elderday Measure D 5310 Total Total
Wheels Services Paratransit Medical Units
Funds Allocated $161,500 $289,944 $974,927 $120,000 $1,546,371 Revenue per Service Unit $28.42 $20.01 $165.24 $137.96
24/25 Projected Units of Service 5,682 14,493 5,900 870 26,945 Other Income $553,801
Total Operating Income $2,100,172
Measure D Facility/Equip/Project Funds $598,184
CARB - Capital Equipment $30,000
LCTOP $147,222
TDA/ STA Claim $1,118,067
Grand Total $3,993,645

ROLLUP OF ALL RIDES
TABLE 3 - ALL SERVICE UNITS TOTALED ( Total tables 1 and 2, units of service, to equal table 3 totals) Taxi TDA/5310 Meals on Elderday Measure D Total
Scrip Medical Wheels Services Paratransit STA Units
24/25 Total Ride Projections 5,491 5,720 10,838 24,772 5,900 1,908 54,629

Page 1 of 1 ends

T:\GRANT MGMT\LIFT LINE\24-25\Grants & Contracts\TDA STA Claim\TDA STA 24-25\TDA 24-25 LL Opers Exhibit C-2

21.14 Exhibit D
Schedule of Payment
FY: 2024-2025 TDA and STA
Claim Lift Line CTSA
TDA
July 15, 2024 $282,099.00
October 15, 2024 $190,914.00
January 15, 2025 $190,914.00
April 15, 2025 $190,914.00
Total $854,841.00
STA
1st Quarter $65,806.50
2nd Quarter $65,806.50
3rd Quarter $65,806.50
4th Quarter $65,806.50
Total $263,226.00
Preferred Method and Schedule for TDA fund distribution: Quarterly disbursement, with up to 33% in first quarter, and the remaining quarterly payments being one-third of the remaining claim amount.

21.15 EXHIBIT E Lift Line / CTSA
24/25 Statement of Role and Responsibility
Community Bridges has been the designated Consolidated Transportation Services Agency (CTSA) since 1982. CTSAs are authorized under California Government Code Sections 15975 and 15950-15952 which were enacted pursuant to the Social Service Transportation Improvement Act.

The purpose of the CTSA is to improve transportation required by social service recipients by promoting the consolidation and coordinating of social service transportation. As the Consolidated Transportation Service Agency, Community Bridges Lift Line will continue to coordinate and consolidate transportation services with other transportation and human service agencies in order to provide the most efficient transportation possible. Lift Line will continue to work with Santa Cruz County School Districts, Human Services Department of the County of Santa Cruz, County Office of Education, Veterans Service Offices in Santa Cruz and Palo Alto, Hospice of Santa Cruz County, as well as hospitals and other medical facilities. Community Bridges Lift Line will also continue working closely with the RTPA and to help with the unmet needs identified in the TriCounty AMBAG Coordinated Plan. Community Bridges Lift Line will also continue working with local non-profit organizations and other human service and medical facilities in neighboring counties to continue to define and create an effective mobility management center to help mobilize resident with various disabilities, low income and senior populations to travel easily throughout our County as well as to travel seamlessly throughout our tri-county Monterey Bay region and the San Francisco Bay Area.

As the CTSA, Community Bridges Lift Line will continue coordination to improve and identify the need for specialized transportation equipment. If the equipment funded through Caltrans 5310 isn’t reaching its proposed requirements through their contract, the equipment can be recaptured and its use coordinated through other identified paratransit service needs. We will continue to offer training to ensure that not only Lift Line staff operates in a safe and sensitive manner, but will continue to offer expertise and training for other transportation providers in theCounty.

Pursuant to the CTSA designation for Santa Cruz County, Community Bridges operates the Lift Line transportation program, which will continue to take a lead, and work closely with the RTPA, to continue to help identify unmet transportation needs, coordinate and provide social service transportation services to low-income seniors, disabled residents, underserved populations and other identified individuals in Santa Cruz County. Lift Line will continue to directly address the issues identified through the unmet needs process by providing rides to medical appointments (including dialysis), alternative care, mental health and various medical transportation needs.

21.16 Exhibit F
Reporting Period and
Performance Measures FY:
2024-2025 TDA Claim
Community
Bridges' Lift Line
CTSA
Reporting Period Due

1. Fiscal Year: 2023/24 11/15/24

2. 1st Quarter, 7/1/24 through 9/30/24 01/15/25

3. 2nd Quarter, 10/1/24 through 12/31/24 04/15/25

4. 3rd Quarter, 1/1/25 through 3/31/25 07/15/25

5. 4th Quarter, 4/1/25 through 6/30/25 11/15/25

6. Annual Evaluation, Fiscal Year 2024/2025 11/15/25
Performance Measures to be included in Quarterly Reports The quarterly reports are to include the following:

1. Unduplicated passengers per month

2. Total passenger trips (units of service) per month

3. Incidents per month

4. Accidents per month

5. Mechanical failures* (including lift failure) per month

6. No-shows per month

7. Turndowns or referrals per month

8. Cancels per month

9. Donations per month

10. Total operating cost per passenger

11. Total operating cost per vehicle service hour

12. Total passengers per vehicle service hour

13. Total passengers per vehicle service mile

14. Van mileage per program
*Mechanical failure means any problem which results in a delay of one hour or longer, or cancelation

21.17 Exhibit G-1
Operating Statistics
FY 18-19 FY 19-20 FY 20-21 FY 21-22 FY 22-23
Annual passengers 50,352 40,132 20,970 32,683 45,473
Rides/passenger trips provided by type:

Medical 10,716 9,019 11,965 9,843 6,263
Amount Spent for Medical $288,796 $454,016 $404,058 $751,710 $478,305 Meals on Wheels 9,472 6,969 6,141 6,416 6,383
Amount spent for Meals on Wheels $106,655 $99,169 $99,239 $148,210 $147,447 Taxi Script 2,486 1,870 1,740 2,108 3,782
Amount spent for Taxi Script $29,260 $27,171 $31,877 $82,613 $148,217 Elderday 27,678 22,274 1,124 6,850 22,603
Amount Spent for Elderday $396,072 $328,542 $22,165 $177,278 $584,966 Annual service hours 14,524 15,011 8,494 14,316 14,316
Passengers per vehicle service hour* 3.47 3.13 2.45 2.28 3.18 Annual service miles 279,974 255,014 159,119 173,806 250,087 # of fixed-route miles N/A N/A N/A N/A N/A
Service Area – square miles (note: all of Santa Cruz County) 607 607 607 607 607 Service Area Population 273,170 273,170 273,170 273,170 273,170 Passengers per vehicle service mile* 0.17 0.15 0.12 0.13 0.14 Average passengers per weekday 968 772 403 629 874
Total operating costs in budget $703,185 $834,857 $733,057 $906,921 $1,208,447 Operating cost per vehicle service hour* $48.42 $55.62 $86.30 $63.35 $84.41 Total operating cost per passenger* $13.97 $20.80 $34.96 $27.75 $26.58 Average Farebox Revenue per passenger (describe what is included) N/A N/A N/A N/A N/A # of FTE employees (all employees, not just drivers) 24 23 19 19 23 Vehicle Service hours/Employee* 605 653 447 753 622
# of routes N/A N/A N/A N/A N/A
Average route length 5.56 6.35 7.59 5.32 5.50
Average travel times/rider 0.62 0.85 0.88 0.89 0.89
# of bus stops N/A N/A N/A N/A N/A
# of vehicles in operation 19 22 22 22 26
# of monthly bus passes in circulation N/A N/A N/A N/A N/A Max vehicles in service at any time: 13 12 8 9 9
Hours of service: 8-4 PM 8-4 PM 8-4 PM 8-4 PM 8-4 PM
Approximate # of unduplicated passengers 2,083 2,097 2,057 2,443 2,211 Cost per unit of service plus text about long range plans to make/keep this low $13.97 $20.80 $34.96 $27.75 $26.58 Funds and percentage spent on administration/overhead/grantee allocation/etc 34.518% 29.827% 34.087% 31.191% 40.706% $242,726 $249,012 $249,879 $282,878 $491,905
Actual financials compared with budget ( see Exhibit G-2) Actual number of rides provided compared with goal 119% of goal 95% of goal 48% of goal 113% of goal 103% of goal For the Fiscal Year 2019-2020, Lift Line Provided 40,132 one-way rides to Santa Cruz residents, including medical transportation, Meals on Wheels congregated dining sites, Elderday adult day care transportation, and taxi script vouchers. Lift Line was at 95% of the goal. Due to the COVID-19 pandemic and local government regulation, many doctors cancel rider’s medical appointments and attendance reduced at congregated sites, including Meals on Wheels dining sites and Elderday adult daycare. For 2020-2021, Lift Line provided a 20,970 one-way ride to Santa Cruz county residents. Due to COVID-19 regulations, Lift Line was at 48 % of the goal during FY20-21. State regulations forced the temporary closure to Meals on Wheels dining sites and Elderday adult daycare; this service was operated remotely to comply with the CDC recommendations. Lift Line reduced capacity on vehicles to 4 passengers on a bus and single riders on a minivan to comply with 6 feet of separation guidance. For 2021-2022, Lift Line provided 32,683. Lift Line is achieved 113% of the annual goal. For 2022-2023 Lift Line provided 45,473 rides and is on track to meet 2023-2024 goal.

21.18 Exhibit G-2

COMMUNITY BRIDGES - LIFT LINE / CTSA
TDA/STA 2020-21, 2021-22, 2022-23 BUDGET TO ACTUAL

TDA/STA TDA/STA TDA/STA TDA/STA TDA/STA TDA/STA TDA/STA 2020-21 2020-21 2021-22 2021-22 2022-23 2022-23 2023-24

ACCOUNT TITLE BUDGET ACTUAL BUDGET ACTUAL BUDGET ACTUAL BUDGET PERSONNEL:

Salaries & Wages 316,215 302,994 362,433 406,646 362,433 479,360 591,168 Fringe Ben Unemployment 4,743 3,609 5,211 3,251 5,211 3,076 4,434 Workers Comp 12,551 6,124 14,579 13,741 14,579 20,177 26,479 Health Insurance 34,618 42,411 41,469 38,532 41,469 53,261 49,561 FICA 24,190 22,997 27,726 31,558 27,726 31,587 45,224
401K Plan 3,697 4,503 6,335 10,056 6,335 2,810 3,951
TOTAL PERSONNEL COSTS: 396,015 382,637 457,753 503,784 457,753 590,272 720,817 SERVICES & SUPPLIES:

OPERATING:

Vehicle Operations-Fuel 31,886 28,439 35,336 49,535 35,336 79,175 44,006 Vehicle Licenses 3,834 4,059 3,834 2,260 3,834 3,103 5,839 Vehicle Repair & Maintenance 13,015 8,874 14,603 11,800 14,603 13,679 27,433 Vehicle Insurance 31,025 48,485 39,014 49,961 39,014 26,974 35,585 Communications-Radio 24,290 10,685 25,291 6,703 25,291 3,339 27,731 TOTAL VEH. OPERATING COSTS: 104,049 100,541 118,078 120,259 118,078 126,270 140,595 OTHER OPERATING & ADMINISTRATION COSTS:

Professional Services 2,524 31,167 0 11,189 0 69,521 0
Janitorial Services/Supplies 2,565 1,748 2,565 557 2,565 100 2,862 Publicity/Media 0 0 0 0 0 26,780 0
Staff travel 0 914 914 0
Minor Equipment 5,240 1,696 2,599 220 2,599 0 3,764
Equip Maintenance/Repair-Trapeze 5,518 8,557 6,761 589 6,761 781 1,293 Office Supplies 1,313 584 735 690 735 571 1,782
Program Supples 3,433 4,365 3,181 1,023 3,181 12,261 10,019 Vehicle Maintenance Supplies 39 32 44 0 44 891 2,178
Computer Supplies/Related 566 625 221 23 221 823 3,478
Postage 292 301 1,099 465 1,099 660 1,206
Space Rental 4,970 0 21,998 0 21,998 0 0
Utilities 3,342 12,101 2,890 11,334 2,890 8,507 6,370
Space Maintenance 1,553 2,341 1,312 2,747 1,312 1,714 2,953 Telephone 2,027 2,151 4,191 1,765 4,191 1,750 1,334
Misc Fees 1,034 4,317 2,025 315 2,025 1,793 2,718
Staff Training 1,250 0 3,009 3,655 3,009 450 1,852
Insurance-General Liability & Fidelity 690 2,910 3,007 2,910 3,007 2,910 2,910 Memberships/Subscriptions 199 1,315 309 2,275 309 781 4,754 Printing & Copying 65 141 71 1,937 71 3,656 262
Advertising (Recruitment) 0 107 0 1,145 0 1,236 3,720
Subsidized Taxi 46,335 68,898 42,615 108,251 42,615 180,636 65,737 Trxfer to/from Equip Reserve 0 0 0 0 0 0 0
Major Equipment - Non-5310 37,261 24,011 43,542 48,022 43,542 68,687 0 Agency Overhead 99,125 106,524 114,828 131,789 114,828 176,085 167,271 TOTAL ADMINISTRATION COSTS: 219,342 273,890 257,916 330,900 257,916 560,592 286,464 TOTAL EXPENDITURES 719,405 757,068 833,747 954,943 833,747 1,277,134 1,147,876 TOTAL REVENUES 719,405 757,068 833,747 954,943 833,747 1,277,134 1,147,876 NET GAIN (LOSS) 0 0 0 0 0 0 0

COMMUNITY BRIDGES - LIFT LINE / CTSA
TDA/STA 2019-20 2020-21 2021-22 BUDGET TO ACTUAL

TDA/STA TDA/STA TDA/STA TDA/STA TDA/STA TDA/STA TDA/STA 2020-21 2020-21 2021-22 2021-22 2022-23 2022-23 2023-24

ACCOUNT TITLE BUDGET ACTUAL BUDGET ACTUAL BUDGET ACTUAL BUDGET REVENUE:

TDA 619,405 651,864 733,747 844,219 733,747 972,132 875,569 STA 100,000 100,000 100,000 100,000 100,000 294,221 272,307 TAXI SCRIPT 5,204 10,724 10,781
TOTAL REVENUES 719,405 757,068 833,747 954,943 833,747 1,277,134 1,147,876

21.19 43-24
Rotkin
S. Brown
Exhibit
H

21.20 K. Brown, S. Brown, Johnson, Koenig, McPherson,
Montesino, Pageler, Pedersen, Rotkin, andCommissioner Alternates Gittelsohn and Schiffrin Exhibit
H

21.21 Exhibit I

21.22 From: Amanda Marino
To: Derek Toups; John Urgo; Douglas Underhill; Jesus Bojorquez; Ray Cancino; RSVP Volunteer Now Subject: Fw: REVISED- RE: TDA estimate for FY24/25
Date: Wednesday, March 6, 2024 10:27:30 AM
Attachments: Outlook-rtcLogo_sm
Outlook-gxfg2fdl.png
Outlook-g1u4jhgn.png
Outlook-dkp3plmj.png
Good morning all,
Our fiscal team just sent us a revised estimate for the preliminary apportionments for the TDA funds. Please disregard the apportionment I sent prior and please let me know if you have any questions!
Thanks again,
Amanda Marino, Transportation Planner
Santa Cruz County Regional Transportation Commission
1101 Pacific Avenue, Suite 250 | Santa Cruz, CA 95060
Main Office 831.460.3200 | Direct 831.460.3201
Follow our social networks for the latest RTC news
From: Tracy New <[email protected]>
Sent: Tuesday, March 5, 2024 4:10 PM
To: Amanda Marino <[email protected]>; Thomas Travers <[email protected]>; Rachel Moriconi <[email protected]> Subject: revised- RE: TDA estimate for FY24/25
Apportionment
Schedule FY2023/24 FY2024/25
Difference $ Difference
Approved Proposed %
12/7/23 3/24/24
Note
Transportation Development Act (TDA):
1 TDA Reserve Fund 211,800
561,390349,590 165.06% To meet 8% Reserve Target*
2 RTC Reserve Fund -
3 4 SCCRTC:
5 Administration 752,360
734,548(17,811) -2.37%
6 Planning 647,054
631,735(15,319) -2.37%
7 1,399,414
1,366,283(33,130) -2.37%
8 9 Bike to Work 72,000
72,000 - 0.00%
10 Bike & Ped Safety (CTSC) 156,000
156,000 - 0.00%
11 228,000
228,000 - 0.00%
12 -
13 Santa Cruz Metro 8,912,0468,701,057(210,989) -2.37%
14 Spec Transit
(CB/CTSA) 875,569
854,841(20,729) -2.37%
15 Volunteer Center 104,234
101,767(2,468) -2.37%
16 City of Capitola 19,532
19,063 (469) -2.40%
17 City of SC-Non
Transit 127,782
125,220(2,562) -2.01%
18 City of Scotts Valley 24,029
23,488 (541) -2.25%
19 City of Watsonville 101,047
98,783(2,264) -2.24%
20 County of Santa
Cruz 259,207
252,457(6,750) -2.60%
21 Subtotal 10,423,445
10,176,675(246,771) -2.37%
22 Total TDA
Apportioned
12,262,65912,332,34869,689 0.57%
*FY2022-23 TDA revenues were $556,262 lower than estimated creating a deficit in the 8% reserve fund target.

Exhibit I

21.23 City Council

AGENDA REPORT
DATE: 06/04/2024
AGENDA OF: 06/25/2024
DEPARTMENT: Finance
SUBJECT: Pass-Through Agreement with Volunteer Center of Santa Cruz County - TDA Claimant (FN)
RECOMMENDATION: Motion to authorize and direct the City Manager to execute an agreement with Volunteer Center of Santa Cruz County, allowing the City to act as claimant for funds obtained from the Santa Cruz County Regional Transportation Commission (SCCRTC) for FY 2025.

BACKGROUND: The Volunteer Center of Santa Cruz County relies on funding from the SCCRTC to support its programs. The City annually serves as a pass-through agent between the Volunteer Center and the SCCRTC. Accordingly, the Volunteer Center is again requesting that the City act as claimant for funds for the coming FY 2025. Since the Volunteer Center is unable to act as claimant for itself, it must request that an outside entity perform this service.

DISCUSSION: The Santa Cruz County Regional Transportation Commission has budgeted $101,767 for FY 2025, which is typically disbursed in one lump-sum payment. Please see Exhibits A, Program Description/Scope of Work; B, TDA FY 2025 Budget; C, Volunteer Center Letter of Request; D, SCCRTC Volunteer Center Resolution; and E, SCCRTC Apportionment Schedule.

As noted in the SCCRTC Apportionment Schedule, the SCCRTC has granted funding to Volunteer Center for $101,767 for FY 2025.

The City contract stipulates in Item 2 that the City will make the payment to the Volunteer Center based on the amount received from the SCCRTC in each fiscal year. In addition, SCCRTC bylaws language stipulate that changes may occur in funding amounts, as needed, during the course of a fiscal year.

FISCAL IMPACT: The City of Santa Cruz will serve as a pass-through agent. The only impact to the City is staff time to act as the pass-through agent.

Prepared By:

Joseph Balasabas
Accounting Technician
Submitted By:

Elizabeth Cabell
Director of Finance
Approved By:

Matt Huffaker
City Manager

22.1 ATTACHMENTS:

1. AGREEMENT.PDF

2. EXHIBITS A-E.PDF

22.2 22.3

22.4 22.5

22.6 Exhibit A

VOLUNTEER CENTER OF SANTA CRUZ
COUNTY 1740 17th Avenue Santa Cruz, CA 95062
427-5070

PROGRAM DESCRIPTION/SCOPE OF WORK

VOLUNTEER CENTER'S TRANSPORTATION
PROGRAM Fiscal Year 2024-25
A. TARGET POPULATION
Older adults age 60+who do not drive and may not be able to take METRO or LiftLine. These adults not have the support of family or friends to drive them and are in need of a no cost transportation service.

B. SERVICE GOALS
Our goal is to provide 4,800 one-way trips to eligible clients. Participants are limited to a maximum of two rides per weeek . Our priority for filling requests is as follows:
1st Priority
2nd Priority
3rd Priority
Medical requests for target population.

Shopping requests for target population.

Other essential destinations that
contribute to the overall health and wellbeing of the individual (for example: fall prevention classes)
These trips will be targeted for geographic distribution as follows:

Rides % of Rides #Clients
Santa Cruz/Mid-County/Aptos/Capitola 2050 50% 100
San Lorenzo/Scotts Valley 1375 25% 50
Watsonville/ Freedom 1375 25% 50
In considering geographic distribution of services, our goal is to provide extra support in those areas which are outside the boundaries of Liftline and ParaCruz services, and/or have limited service times.

C. PROGRAM ACTIVITIES

1. The Volunteer Center will maintain volunteers Monday- Friday 10:00 a.m. to 2:00 p.m.

2. When possible, the Volunteer Center will refer those callers whose requests cannot be accommodated through our program to other programs such as Liftline and Metro.

3. The Volunteer Center will continue its intensive campaign to recruit new drivers

4. Volunteer Center staff will attend meetings of the EDTAC of the RTC.

22.7 .

D. QUARTERLY REPORTS
Volunteer Center of Santa Cruz Transportation Program TDA Funding Quarterly Reports and Final Activities Report are due to the Transportation Commission and the City of Santa Cruz according to this schedule:

Quarterly Activities Report 1: October 25, 2024
Quarterly Activities Report 2: February 8, 2025
Quarterly Activities Report 3: April 26, 2025
Quarterly Activities Report 4: July 26, 2025
The reports will contain the following information for each center and total:

1. Number of rides/deliveries provided

2. Trip destinations

3. Mileage claimed

4. Estimated total mileage

5. Average length of trip

6. Number of unduplicated passengers

7. Number of requests forservice

8. Number of turndowns

9. Reason for turndowns

10. Number of active volunteers

11. Geographic distribution of clients
E. INSURANCE
Comprehensive auto and general liability insurance over and above that held by the driver will be maintained by the Volunteer Center in the amount of $1,000,000 per occurrence.

F. CLAIMS
One claim will be submitted for advance payment.

Annual Advance Requested- July, 2024 $101,767

22.8 Transportation
05 2,000
104,234
106,234
PROGRAM:

FY:

Exhibit B
Volunteer Center Transportation
2024_25 2023_24
Budget Unit Name Transportation
Budget Unit Number 05
4000 PUBLIC SUPPORT
|DONATIONS
2,800
4008 Unallocated Funds
4295 Transportation

CURRENT YEAR CLAIM

TOTAL CURRENT YEAR REVENUES
101,767
104,567
HOURLY WAGES AND BENEFITS 77,500 76,460
6012 Auditing Expense 200 500
6018 Copies 165 350
6032 Equipment 380 500
6151 Background Checks 425 600
6039 Facility Maintenance 200 200
6040 Insurance, General 615 600
6042 Insurance, Volunteer 1,900 1,750
6050 Postage 200 500
6009 Recruitment/Marketing 1,450 1,281
6061 Rent 2,000 2,000
6078 Office Supplies 525 900
6081 Computer Software & Fees 375 500
6098 Mileage, Volunteers 3,500 2,500
6100 Telecommunication 2,500 3,000
6125 Utilities 600 600
TOTAL CURRENT EXPENSES $104,567.00 $106,234.00
6150 Volunteer Recognition 300 750
6160 Admin Fees 14,232 15,243

22.9 April 30, 2024
Elizabeth Cabell
Finance Director
1200 Pacific Ave.

Santa Cruz CA 95060
Dear Ms. Cabell,
Our agency remains committed to providing door through door transportation for the senior and disabled population of Santa Cruz County.

This letter serves as our request that the City of Santa Cruz act as the Transportation Development Act (TDA) claimant for the Volunteer Center of Santa Cruz Transportation Program through the Santa Cruz County Regional Transportation Commission.

We are requesting a one time payment in the amount of $101,767 Please see Exhibit A to review Program Responsibilities and Exhibit B to review our proposed Budget for fiscal year 2024-25.

Thank you for your support of the Volunteer Center Transportation Program.

Warm Regards,
Tara Ireland
Empowered Aging Division Manager
Volunteer Center of Santa Cruz County
Exhibit C

22.10 44-24
Rotkin
S. Brown
Exhibit
D

22.11 AYES: COMMISSIONERS
NOES: COMMISSIONERS
ABSTAIN: COMMISSIONERS
ABSENT: COMMISSIONERS
ATTEST:

Mitch Weiss, Secretary
Distribution: Community Bridges
RTC Fiscal
Kristen Brown, Chair
\ \rtcserv2\Internal\E&DTAC\ TDA \RTC Reports\Resolutions\ VC_RES_ TDA_24-25.docx K. Brown, S. Brown, Johnson, Koenig, McPherson,
Montesino, Pageler, Pedersen, Rotkin, and
Commissioner Alternates Gittelsohn and Schiffrin
Exhibit D

22.12 Exhibit E
From: Tracy New <[email protected]>
Sent: Tuesday, March 5, 2024 4:10 PM
Subject: revised- RE: TDA estimate for FY24/25
Apportionment
Schedule FY2023/24 FY2024/25
Difference $
Approved Proposed
12/7/23 3/24/24
Transportation Development Act (TDA):
1 TDA Reserve Fund 211,800 561,390 349,590
2 RTC Reserve Fund -
3 4 SCCRTC:
5 Administration 752,360 734,548 (17,811)
6 Planning 647,054 631,735 (15,319)
7 1,399,414 1,366,283 (33,130)
8 9 Bike to Work 72,000 72,000 -
10 Bike & Ped Safety (CTSC) 156,000 156,000 -
11 228,000 228,000 -
12 -
13 Santa Cruz Metro 8,912,046 8,701,057 (210,989)
14 Spec Transit
(CB/CTSA) 875,569 854,841 (20,729)
15 Volunteer Center 104,234 101,767 (2,468)
16 City of Capitola 19,532 19,063 (469)
17 City of SC-Non
Transit 127,782 125,220 (2,562)
18 City of Scotts Valley 24,029 23,488 (541)
19 City of Watsonville 101,047 98,783 (2,264)
20 County of Santa
Cruz 259,207 252,457 (6,750)
21 Subtotal 10,423,445 10,176,675 (246,771)
22 Total TDA
Apportioned 12,262,659 12,332,348 69,689
*FY2022-23 TDA revenues were $556,262 lower than estimated.

22.13 City Council

AGENDA REPORT
DATE: 06/06/2024
AGENDA OF: 06/25/2024
DEPARTMENT: Finance
SUBJECT: General Obligation Refunding Bonds - Tax Rate Authorization (FN) RECOMMENDATION: Motion to adopt a resolution setting the tax rate for FY 2025 with respect to the City’s General Obligation Refunding Bonds.

BACKGROUND: In November 1998, voters in the City of Santa Cruz approved the issuance of General Obligation Bonds in the amount of $7,000,000 for the purchase of greenbelt property, the renovation of the City’s fire stations, and the purchase/improvement of a City park adjacent to the depot site. Resources to repay the Bonds come from property tax levies within the City of Santa Cruz. The tax rate is established by the City Council each year and then forwarded to the County of Santa Cruz for inclusion on the property tax bills. The Bonds were refunded in December 2009 to reduce the overall cost of debt service and, thereby, realize financial savings for the taxpayers.

DISCUSSION: For the upcoming property tax billing, the City directs the County of Santa Cruz to levy on all taxable property in the City, in addition to all other taxes, a continuing direct and ad valorem tax in the amount of $525,899.18 to be used toward the payment of principal and interest coming due on the Bonds. Because the County of Santa Cruz is on the “Teeter Plan,” the City will receive 100% of the assessment. There is no need to factor in an amount for delinquencies.

The attached resolution establishes the appropriate tax rate, and instructs the Director of Finance to forward a copy to the County of Santa Cruz and take whatever action is necessary to have the assessment placed on the 2024-2025 property tax bills.

FISCAL IMPACT: If the City does not provide the County of Santa Cruz with the required information to levy ad valorem taxes upon all property within the City, the City would still be required to make the Bond payment. Thus, it is recommended that the Resolution be approved, so that there will be no fiscal impact to the City of Santa Cruz.

Prepared By:

Nicholas Gong
Senior Accountant
Submitted By:

Elizabeth Cabell
Director of Finance
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION.DOCX

23.1 RESOLUTION NO. NSRESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ SETTING THE TAX RATE FOR FY 2025 WITH RESPECT TO

GENERAL OBLIGATION REFUNDING BONDS
WHEREAS, more than two-thirds of the electors voting at a special municipal election held on November 3, 1998, voted for a proposition authorizing the issuance by the City of general obligation bonds in the aggregate principal of $7,000,000 (the "1998/1999 Bonds") for the purpose of providing funds for certain municipal improvements, including fire station improvements, community park improvements, and the acquisition of property to be used for open space purposes; and WHEREAS, pursuant to such authorization the City has previously issued the 1998/1999 Bonds in the form of $4,500,000 principal amount of current interest bonds and $2,498,473.25 principal amount of capital appreciation bonds; and
WHEREAS, the City Council has issued and sold its City of Santa Cruz 2009 General Obligation Refunding Bonds (the “Refunding Bonds”) in the aggregate principal amount not to exceed $8,000,000 for the purpose of refunding all of the outstanding 1999 current interest bonds and all of the outstanding 1998 capital appreciation bonds and thereby realizing financial savings to the property tax payers of the City; and
WHEREAS, pursuant to Section 43632 of the California Government Code, the City Council is required annually to levy and collect until the bonds are paid, or until there is a sufficient amount in the treasury set apart to meet all payments of principal and interest coming due, a tax sufficient to pay the principal of and interest on the Refunding Bonds coming due and payable before the proceeds of a tax levied at the next general tax levy will be available; and WHEREAS, the City has determined that it is necessary to levy and collect an amount of $525,899.18 toward the payment of principal and interest coming due on the Refunding Bonds on March 1 and September 1, 2025, and thereby directs the County of Santa Cruz to levy on all taxable property in the City, in addition to all other taxes, a continuing direct and ad valorem tax in the amount of $525,899.18 based on the estimated assessed values for all rolls (secured, unsecured and utility) for FY 2025.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Cruz as follows:

Section 1. Levy of Tax. The City Council hereby determines that the tax rate necessary to pay the principal of and interest on the Refunding Bonds coming due and payable on March 1 and September 1, 2025, is equal to a continuing direct and ad valorem tax in the amount of $525,899.18, and such tax rate shall be and is hereby levied in accordance with all applicable requirements of law.

Section 2. Collection of Tax. The Director of Finance is hereby directed to forward a copy of this Resolution to the Auditor-Controller of the County of Santa Cruz and to the Board of Supervisors of the County of Santa Cruz, and to take such actions and execute such documents as may be required

23.2 to cause the tax rate set forth in Section 1 to be placed on the 2024-2025 property tax bills and collected by the County of Santa Cruz.

Section 3. Application of Tax. As provided in Section 43634 of the California Government Code, all taxes levied pursuant to this Resolution shall be used only for payment of the Refunding Bonds and the interest thereon.

Section 4. Effective Date. This Resolution shall take effect from and after the date of its passage and adoption.

PASSED AND ADOPTED this 25th day of June, 2024 by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

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

23.3 City Council

AGENDA REPORT
DATE: 06/06/2024
AGENDA OF: 06/25/2024
DEPARTMENT: Finance
SUBJECT: Liability Claims Filed Against the City of Santa Cruz (FN) RECOMMENDATION: Motion to reject the claims of 1) John J. Morley, 2) Luis Ramirez, 3) Mirfak Elize Fuentes Hernandez, 4) Barbara Jana Hostetter, 5) David Turner, 6) Jeffrey David Dunworth, and 7) to return as late, the claim of Progressive West Insurance Company, based on staff recommendation.

BACKGROUND: None.

DISCUSSION: I. Claims to be rejected:

1. Claimant: John J. Morley
Date of occurrence: 1/21/2024
Date of claim: 5/20/2024
Amount of claim: $17,231.00
Claimant seeks reimbursement for damages and services to clean their property after damage was allegedly caused by a sewer main backup.

Self-Represented

2. Claimant: Luis Ramirez
Date of occurrence: 11/24/2023
Date of claim: 5/15/2024
Amount of claim: $250,000.00
Claimant seeks reimbursement for injuries and damages allegedly caused when he was struck by a vehicle.

Represented by Legal Counsel

24.1 3. Claimant: Mirfak Elize Fuentes Hernandez
Date of occurrence: 11/24/2023
Date of claim: 5/16/2024
Amount of claim: $250,000.00
Claimant seeks reimbursement for injuries and damages allegedly caused when she was struck by a vehicle.

Represented by Legal Counsel

4. Claimant: Barbara Jana Hostetter
Date of occurrence: 2/4/2024
Date of claim: 5/22/2024
Amount of claim: $5,796.00
Claimant seeks reimbursement for damages allegedly caused by a City owned tree.

Self-Represented

5. Claimant: David Turner
Date of occurrence: 5/23/2024
Date of claim: 5/24/2024
Amount of claim: unspecified
Claimant seeks damages related to alleged violations of his civil rights.

Self-Represented

6. Claimant: Jeffrey David Dunworth
Date of occurrence: 6/1/2024
Date of claim: 6/3/2024
Amount of claim: $507.50
Claimant seeks reimbursement for allegedly illegally towing his vehicle.

Self-Represented

24.2 II. Claim to be Returned as Late

7. Claimant: Progressive West Insurance Company
Date of occurrence: 10/24/2021
Date of claim: 5/21/2024
Amount of claim: $4,324.56
Claimant seeks reimbursement for alleged damages to their insured’s vehicle.

Self-Represented
FISCAL IMPACT: None.

Prepared By:

Ross Brandon
Risk and Safety Manager
Submitted By:

Elizabeth Cabell
Finance Director
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

None.

24.3 City Council

AGENDA REPORT
DATE: 06/06/2024
AGENDA OF: 06/25/2024
DEPARTMENT: Human Resources
SUBJECT: Resolution Amending the City of Santa Cruz Personnel Complement and Classification and Compensation Plans for the Parks and Recreation, Information Technology, and Water Departments (HR)
RECOMMENDATION: Motion to adopt a resolution amending the Classification and Compensation Plans for the FY 2025 budget personnel complement by approving classification and position changes in three departments and correcting compensation ranges for four classifications.

BACKGROUND: There are position and classification actions recommended by City departments and the Human Resources Department which are expected to improve operational functions, are the result of classification study work, or are compensation corrections from a previously approved resolution.

DISCUSSION:

Staffing Revisions

1. PARKS AND RECREATION
Reclassification of a Position of Associate Planner I/II 1.0 FTE to a Position of Senior Planner

1.0 FTE
A classification study was requested from the Parks and Recreation Department for their Associate Planner I/II position. The Human Resources (HR) Department referred a classification study of the position to CPS HR Consulting in March of 2024. CPS provided a summary and recommendations on May 6, 2024 that the scope and level of duties the incumbent is performing are more consistent with the Senior Planner classification. Therefore, a reclassification of the incumbent from the Associate Planner I/II to the Senior Planner is being recommended.

2. INFORMATION TECHNOLOGY (IT)
Reclassification of a position of Systems Coordinator 1.0 FTE to a New Classification and Position of Geographic Information Systems Manager 1.0 FTE A classification study was requested from the Information Technology Department for their Systems Coordinator position. The Human Resources (HR) Department referred a classification study of the position to Koff/Gallagher HR Consultants in March of 2024. Koff/Gallagher

25.1 provided a summary and recommendations early June that the scope and level of duties the incumbent is performing would be better reflected in its own classification rather than a more generalized classification. Therefore, a reclassification of the incumbent from the Systems Coordinator position to a new Geographic Information Systems (GIS) position is being recommended. A salary adjustment was also recommended given the independence and high level of functioning and responsibility of this position.

3. WATER
New Classifications - Data Analyst, Program Analyst, and Utility Services Manager Three new classifications are being recommended as a result of partial implementation of a large Customer Service Division classification study and recommendations. Those include a Data Analyst I/II, a Program Analyst I/II and a Utilities Services Manager classification. The Water Department Customer Service Division Classification Study was conducted by CPS HR Consulting with a report and recommendations received by HR on March 25, 2024. Other provisions of the study are still being discussed and will be brought forth to Council at a later time.

4. ALL DEPARTMENTS
New Series – Project Management
Three new classifications are being recommended to address a critical need tailored to the unique challenges associated with project management and the development of project management core competencies among staff at varying levels. This series - Project Manager I, Project Manager II, and Senior Project Manager - emphasizes non-engineering project management skills, such as translating complex regulatory requirements to the public and in strategic planning, including the ability to set project visions and align visions with community needs, and getting projects implemented. The use of this series is expected in departments such as the City Manager’s Office, Public Works, Water, and Parks and Recreation.

ADMINISTRATIVE CORRECTIONS
Finance and Human Resources recommended compensation changes as a result of the 2021 Compensation Study, under Phase III of that study. Resolution No. NS-30,304 approved those changes. Four of those changes were submitted in error and are corrected on the attached resolution to this report.

Finally, administrative corrections are needed to previously approved resolution to accurately apply adjustments to compensation ranges to the four classifications of HR Analyst II, Chemist II, Environmental Programs Analyst I, and Transportation Planner I.

FISCAL IMPACT: The fiscal impact of these changes were approved as part of the FY 2025 Adopted Budget. There are no additional fiscal impacts.

Prepared By:

Cathy Bonino
Principal HR Analyst
Submitted By:

Sara De Leon
Human Resources Director
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION.DOCX

25.2 RESOLUTION NO. NS-XX,XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ AMENDING

THE PERSONNEL COMPLEMENT AND CLASSIFICATION AND COMPENSATION PLANS AND THE FY2025 BUDGET - PARKS AND RECREATION, PUBLIC WORKS,

WATER, AND INFORMATION TECHNOLOGY DEPARTMENTS
WHEREAS, staff has recommended certain modifications to the Classification and Compensation Plans.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Cruz, as follows:

That effective July 6, 2024 the City of Santa Cruz Classification and Compensation Plans be modified to:

Activity Classification No. and Title Salary (New
Classifications and
Changes)

PARKS AND

RECREATION
Add Position: 3101 741- Senior Planner (1.0 FTE)
Delete Position: 3101 778-008- Associate Planner
I/II (1.0 FTE)

INFORMATION

TECHNOLOGY (IT)
Add New Classification
and Position
1251 850 – Geographic Information
Systems (GIS) Manager
(1.0 FTE)
$10,481/mo - $13,510/mo
Delete Position: 1251 793-001– Systems
Coordinator (1.0 FTE)
WATER
Add new Classification
and Position:
846/847 – Data Analyst I/II
(1.0 FTE)
I - $6,657/mo - $8,581/mo.

II $7,238/mo - $9,330/mo
Add new Classification 7104 848/849 – Program Analyst
I/II (1.0 FTE)
I – $5,644/mo to $7,941/mo
II - $6,044/mo - $8,504/mo

25.3 RESOLUTION NO. NS-XX,XXX
2 Activity Classification No. and Title Salary (New
Classifications and
Changes)
Add new Classification
and Position:
7103 845 - Utilities Services
Manager (1.0 FTE)
$10,207/mo - $13,157/mo
Change Salary of
Classification
5201 755 – Water Quality Manager
(1.0 FTE)
From: $9,958/mo - $12,836/mo
To : $10,207/mo - $13,157/mo

PUBLIC WORKS
752 – WW Lab/Compliance
Manager
From: $10,445/mo - $13,464/mo
To: $10,707/mo - $13,801/mo

ALL DEPARTMENTS
Add new Classification 851 - Project Manager I $7,016/mo - $9,044/mo Add new Classification 852 - Project Manager II $8,741/mo – $11,267 Add new Classification 853 - Senior Project Manager $10,481/mo - $13,510/mo That effective April 13, 2024 the City of Santa Cruz Classification and Compensation Plans be modified to:

Change Salary of
Classification
721 - HR Analyst II
From: $7,383/mo to $9,517/mo
To: $7,260/mo to $9,358/mo
Change Salary to
Classification
120 - Chemist II
From: $6,330/mo - $8,911/mo
To: $6,403/mo - $9,010/mo
Change Salary to
Classification
141 - Environmental
Programs Analyst I
From: $6,275/mo - $8,828/mo
To: $5,644/mo - $7,941/mo

25.4 RESOLUTION NO. NS-XX,XXX
3 Activity Classification No. and Title Salary (New
Classifications and
Changes)
Change Salary to
Classification
722 - Transportation Planner I
From: $8,084/mo - $10,420/mo
To: $8,286/mo - $10,681/mo
PASSED AND ADOPTED this 25th day of June 2024, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: ______________________________
Fred Keeley, Mayor
ATTEST: _________________________________
Bonnie Bush, City Clerk Administrator

25.5 City Council

AGENDA REPORT
DATE: 06/05/2024
AGENDA OF: 06/25/2024
DEPARTMENT: Parks and Recreation
SUBJECT: 2024 Wharf Repair Project - Approval of Plans and Specifications and Authorization to Advertise for Bids and Award Contract - Environmental Clearance: Exempt - Section 15301, Existing Facilities; Section 15302, Replacement or Reconstruction; Section 15303, New Construction or Conversion of New Structures; and Section 15304, Minor Alterations of Land (PR)
RECOMMENDATION: Motion to:
1) Award a contract to Dickman-Hines Lumber Co. in the amount of $464,151.84 and ratify them as the lowest, responsive, and responsible bid for Invitation for Bid (IFB) PK-0133 - Santa Cruz Wharf Pilings;
2) Approve plans and specifications for the 2024 Wharf Repair Project and authorize Parks and Recreation staff to advertise the project for bid and award the contract in a form to be approved by the City Attorney. Per Resolution No. NS-27,563 the City Manager is hereby authorized and directed to execute the contract in a form approved by the City Attorney. The Parks and Recreation Director is authorized to execute change orders within the approved budget; and 3) Motion to find that the project is exempt under the California Environmental Quality Act (CEQA) (Categorical Exemption Sections 15301, 15302, 15303, and 15304).

BACKGROUND: The Santa Cruz Wharf experienced two powerful high surf events this winter, one on December 28, 2023, and one on February 4, 2024. These storms damaged structural members (caps, stringers, ledgers etc.) supporting the end of the Wharf and destroyed critical piles at bents 167 through 182, leading to a partial collapse of the Wharf decking in both locations and the closure of the Dolphin Restaurant. The Parks and Recreation Department subsequently closed the end of the Wharf for safety and is moving forward to repair the significant damage that has already taken place as well as strengthen and reinforce the existing underlying Wharf structure at this location.

DISCUSSION: Plans and specifications for the repair of storm damage to the Wharf have been prepared by Moffatt & Nichol, a regional leader in coastal infrastructure engineering and longtime consulting engineer for the Wharf. The plans and specifications are substantially complete as to design and intent and are suitable for use in an invitation to bid for the necessary repairs.

26.1 Moffatt and Nichol conducted an inspection of the damage to the affected area of the Wharf in April 2024. The inspection consisted of a series of dives to assess the conditions of piles supporting the Wharf as well as above the waterline observations of the structural framework supporting the Wharf deck. The inspection identified 96 piles that were damaged or missing.

Further analysis indicates that approximately 60 piles will need replacement as well as the need to repair or replace associated structural framework and decking. Some damaged or missing piles that do not affect the structural integrity of the Wharf will not need replacing as they are or were directly adjacent to structurally sound piles.

In addition, the Dolphin Restaurant and its associated patio will need to be demolished to replace damaged or missing piles at that location. The Dolphin Restaurant was constructed in the mid1960’s and is somewhat functionally obsolete and is nearing, if not at, the end of its useful life. It suffers from widespread decay and repair needs, as well as accessibility and code issues that would need to be remedied with any major restoration.

Compounding these conditions, the 2014 Engineering Report prepared for the Wharf Master Plan identified significant damage to the Wharf underneath the building. Numerous missing and degraded piles as well as deck deficiencies identified in the report cannot be repaired while the building is in place. Staff has conducted monitoring to ensure conditions did not rise to a level of concern for public safety.

Staff has maintained close contact with the Dolphin’s owner about the state of the building, needed Wharf repairs, and transitioned the Dolphin to a month-to-month lease to sustain the business for as long as possible.

The December 2023 storm caused the loss of an additional five piles under the Dolphin, which led to an approximately 34’ span of unsupported deck beneath the dining room. This has led to the building being red tagged, all access and operations halted, and the loss of approximately 80 jobs and $3 million in annual sales.

To facilitate repairs and the necessary demolition of the Dolphin, the City and owner will enter into a lease termination agreement effective June 30, 2024. The owner has expressed interest in rebuilding or creating a Dolphin pop-up once repairs to the Wharf are completed. City Council adoption of the Wharf Master Plan included direction to revisit plans for redevelopment at the end the Wharf and conduct community outreach to shape its future. Staff expects this process to include design stage outreach for the East Promenade, the Bayward End, and boat landings funded through the generous support of the Coastal Conservancy planned in late summer or fall.

This outreach will help determine if a rebuild of the Dolphin or other commercial use at the end of the Wharf is desired by the community and what the shape, concept, and scale of any planned redevelopment of the Dolphin or other uses at the end of the Wharf may be.

All repair work will be conducted in accordance with a United States Army Corps of Engineers Regional General Permit, a California Coastal Commission Coastal Development Permit, and a Central Coast Water Quality Control Board Certification for a Five-Year Maintenance Plan for the Wharf. Park and Recreation staff will administer the funding sources, has prepared contract bid documents, and will manage the bid process and oversee the contractor on the project. Work will occur outside of the bird nesting season and during the tourist-serving off season to reduce impacts on nesting birds and their nests, Wharf tenants and visitors.

26.2 The lead time for procuring wharf pilings can be more than 60 days. To improve the ability of wharf repairs to occur within the required timeframe outside the bird nesting season and touristserving off season, Parks and Recreation staff issued IFB PK-0133 – Santa Cruz Wharf Pilings on May 10, 2024, via the OpenGov web portal. This solicitation was released ahead of the IFB for the 2024 Wharf Repair Project, which is expected to launch in mid-July pending City Council approval to do so. Awarding a contract for wharf pilings will help avoid project delays by ensuring the necessary inventory of piles is on hand at the Wharf pile yard when the 2024 Wharf Repair project would commence, estimated for mid-September.

The wharf piling solicitation sought to procure the 60 piles needed for the 2024 Wharf Repair project. The solicitation attracted 573 views, one no bid and two bids that were received by the due date and time. A public bid opening was held at 2:00pm Pacific Daylight Time on May 28, 2024. City staff completed the due diligence by checking references listed on the Bid Forms of the submitted bids and further reviewed the bid submittals for responsiveness. Following review, Dickman-Hines Lumber Co. was deemed to be the lowest responsive and responsible bidder.

Parks and Recreation issued a Notice of Intent to Award on Friday, May 31, 2024. Staff recommends awarding a contract to the lowest bidder, Dickman-Hines Lumber Co. in the amount of $464,151.84.

HEALTH IN ALL POLICIES: The project is consistent with the Health in All Policies pillars of Equity, Public Health, and Sustainability. It removes an impediment to future use and development (inadequate and unsafe Wharf supporting structure) that could inordinately impact a wide range of potential builders and lessees of the site; it promotes public health given the project’s location at the Wharf which is a recreational and healthy lifestyle asset for residents and visitors alike; and it will facilitate access to economic and job opportunities that will lead to enhancing the sustainability of the Wharf.

FISCAL IMPACT: Moffat and Nichol has prepared an engineer’s cost estimate for the Wharf Repair project in the amount of $2,358,084.57, which does not include the cost of the pilings ($464,151.84).

Parks and Recreation staff has obtained $1 million in insurance reimbursements for the December 2023 storm and an additional $370,000 is expected from insurance for the February 2024 storm.

Funds are available in the Parks and Recreation Department’s FY 2025 Capital Investment Program project Storm Damage Repairs at End of Wharf (c302510). Further, two emergency projects will be used to track and secure disaster reimbursement – the December 2023 Storm Repair CDAA 2024-01 project (e302402) for the CalOES state-declared disaster and the February 2024 Storm Repair project (e302403) for the FEMA federal-declared disaster.

Prepared By:

Norm Daly
Development Manager
Lindsay Bass
Principal Management
Analyst
Submitted By:

Tony Elliot
Parks and Recreation Director
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

26.3 1. PURCHASE AGREEMENT.PDF

2. SANTA CRUZ WHARF REPAIR SPECIFICATIONS.PDF

3. SANTA CRUZ WHARF REPAIR PLANS.PDF

26.4 PURCHASE AGREEMENT Page 1

PURCHASE AGREEMENT FOR SANTA CRUZ WHARF PILINGS PROJECT THIS PURCHASE AGREEMENT (“Purchase Agreement”), made and entered into this day of June, 2024 (“Effective Date”) by and between the CITY OF SANTA CRUZ, a municipal corporation, hereinafter called “City,” and DICKMAN-HINES LUMBER CO., hereinafter called “Vendor;” for the Santa Cruz Wharf Pilings Project (PK-0133), hereinafter called the Project. City and Vendor are individually referred to as a “Party” or collectively, as the “Parties”.

WITNESSETH, that the Parties hereto do mutually agree as follows:

SECTION I: GOODS
A. That for and in consideration of the covenants and agreements herein contained, the Vendor hereby covenants and agrees to provide goods in conformity and compliance with the Contract Documents, as hereinafter defined, and in accordance with this Purchase Agreement.

B. Vendor will furnish all labor, material, equipment and services required to comply with the Contract Documents.

C. Vendor agrees that it may not begin providing the goods/services until the City approves a Purchase Order for such.

SECTION II: CONTRACT DOCUMENTS
A. Incorporation of Documents.

It is expressly agreed and understood by City and Vendor that the following documents are hereby incorporated and made a part of this Purchase Agreement (hereinafter the “Contract Documents”):

1. This Purchase Agreement;

2. City of Santa Cruz Standard Terms and Conditions of Purchase, except as amended herein by this Agreement in Section III – attached hereto as Exhibit A;

3. Invitation for Bids (“IFB”) Packet – attached hereto as Exhibit B; and

4. Vendor’s Proposal – attached hereto as Exhibit C.

5. City of Santa Cruz Insurance Requirements – attached hereto as Exhibit D.

B. Priority of Contract Documents.

The Parties to this Purchase Agreement do hereby expressly acknowledge that they have read, understand, and promise to comply with each and every provision of Contract Documents. In the event inconsistencies, conflicts, or ambiguities between and among the Contract Documents are discovered, the Parties shall attempt to resolve any ambiguity, conflict, or inconsistency informally, recognizing that the terms of the Contract Documents shall take precedence in the order in which they are listed above. The terms of this Purchase Agreement shall take priority and control in the case of any conflicts with any of the exhibits attached hereto.

26.5 PURCHASE AGREEMENT Page 2
SECTION III: AMENDMENTS TO CITY’S STANDARD TERMS AND CONDITIONS The City of Santa Cruz Standard Terms and Conditions of Purchase (“City’s Standard Terms”), which is attached hereto as Exhibit A, as amended below, apply to this Agreement:

1. Section 2 of the City’s Standard Terms is deleted and replaced with Section 5.8. Delivery, Inspection, and Acceptance of Goods in the IFB.

2. Section 5 of the City’s Standard Terms is deleted and replaced with Section 5.13 Warranty in the IFB.

ARTICLE IV: TERM OF PURCHASE AGREEMENT
The term of the Purchase Agreement will be from the Effective Date and continue for a period of six (6) months. The Parties may extend the term of this Purchase Agreement by mutual consent in writing.

ARTICLE V: MISCELLANEOUS PROVISIONS

1. Compliance with Laws. All activities of Vendor, its employees, subcontractors and/or agents will be carried out in compliance with all applicable federal, state, and local laws and regulations.

2. 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. 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.

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

To the fullest extent permitted by law, Vendor agrees to indemnify, defend, and hold harmless City, its officials, officers, employees, and agents, from any and all claims, demands, actions,

26.6 PURCHASE AGREEMENT Page 3
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 Vendor’s performance under this Agreement or to the City’s authorized intended or actual use of Vendor’s product or service under this Agreement. This provision shall survive termination or expiration of this Agreement.

If any product or service becomes, or in the Vendor’s opinion is likely to become, the subject of a claim of infringement, the Vendor 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 Vendor’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 Vendor. 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.

4. Vendor's Records. Vendor 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 Vendor's services, or date of the termination of this Agreement, whichever is later. If Vendor 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.

5. California Public Records Act. City is a public agency subject to the disclosure requirements of the California Public Records Act (“CPRA”). If Vendor’s proprietary information is contained in documents or information submitted to City, and Vendor claims that such information falls within one or more CPRA exemptions, Vendor 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 Vendor prior to such disclosure. If Vendor 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 Vendor 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. Vendor 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 Vendor.

6. 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)

26.7 PURCHASE AGREEMENT Page 4
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:

Parks & Recreation Department
Tony Elliot
323 Church St.

Santa Cruz, CA 95060
831-420-5270
[email protected]
To VENDOR:

Dickman-Hines Lumber Co.

Attn: Blair Dickman
PO Box 6137
Federal Way, WA 98063
253-838-6790
[email protected]
Changes to the above information shall be given to the other party in writing ten (10) business days before the change is effective.

7. Complete Agreement. This Agreement, and its incorporated documents comprising the Contract Documents, contain the entire agreement between the Parties with respect to the matters addressed herein and shall supersede all prior or other agreements, oral and written declarations of intent and other legal arrangements (whether binding or non-binding) made by the Parties.

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

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

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

11. 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.

12. 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.

13. Warranty of Authority. The signatories to this Agreement warrant and represent that each is authorized to execute this Agreement and that their respective signatures serve to legally obligate their respective representatives, agents, successors and assigns to comply with the provisions of this Agreement.
[Signature page to follow]

26.8 PURCHASE AGREEMENT Page 5
IN WITNESS WHEREOF, this Purchase Agreement is executed by the City Manager of the City of Santa Cruz, under and pursuant to a resolution of the City Council authorizing such execution, and the Vendor has affixed his/her signature hereto the day and year first hereinabove written.

Approved As To Form:

By: _____________________________ Date: __________________ Office of the City Attorney

CITY OF SANTA CRUZ
By: _____________________________ Date: __________________ Matt Huffaker, City Manager
VENDOR
By: _____________________________ Date: __________________ Printed: ___________________________ Title: __________________ By: _____________________________ Date: __________________ Printed: ___________________________ Title: __________________ 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):

26.9 CITY OF SANTA CRUZ TERMS AND CONDITIONS OF PURCHASE http://www.cityofsantacruz.com/government/city-departments/finance-/purchasing-division/selling-to-the-city Revised 3/14/2022 Page 1

2. Delivery, Inspection, and Acceptance of Goods/Services: Goods/services are to be delivered to the location specified.

All deliveries are F.O.B. destination.

6. Indemnity:

26.10 CITY OF SANTA CRUZ TERMS AND CONDITIONS OF PURCHASE http://www.cityofsantacruz.com/government/city-departments/finance-/purchasing-division/selling-to-the-city Revised 3/14/2022 Page 2 obligations or the performance of design professional services under this contract as defined in Civil Code §2728.2, except where caused by the sole or active negligence, or willful misconduct of City. The costs to defend charged to the Vendor relating to the design professional services shall not exceed the Vendor’s proportionate percentage of fault per Civil Code §2782.8.

7. Compliance Requirements: Vendor shall be responsible for complying with all applicable Federal, State, and local laws and regulations including, but not limited to, City policies, ordinances, and Best Management Practices. Requirements vary based on the nature of the product to be provided and/or work to be performed; these shall include, but are not limited to, complying with the items listed below and following City Council policies regarding asbestos in products, polystyrene foam, recycled paper, and fair trade coffee. These policies are available on the City’s website here. a. Licensing: Vendor warrants that it has complied with any and all federal, state, and local licensing requirements and agrees to provide proof of a current City of Santa Cruz Business Tax Certificate if:
i. Vendor is located in the City of Santa Cruz;
ii. Will perform physical work in the City of Santa Cruz for 6 or more days annually; or iii. 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. b. Prevailing Wage: In performing “public work” pursuant to and subject to Labor Code §1720 et seq. under this contract, Vendor (and any subcontractor performing the work or services) shall conform to any and all prevailing wage requirements applicable to such work/and or services. All workers employed in the execution of a public works contract (as defined in Labor Code §1720 et seq. and §1782(d)(1)) must be paid not less than the specified prevailing wage rates for the type of work performed. (See Labor Code §§1720, 1774 and 1782.) Pursuant to Labor Code §1773.2, the current prevailing rate of per diem wages at the time of the contract as determined by the Director of the Department of Industrial Relations (DIR) may be on file at the dept. office awarding the public work.

Vendor shall post a copy of these rates at the work site, if any.

Any failure of Vendor and/or its subcontractors to comply with the above requirements shall constitute a breach of this contract that excuses the City’s performance of this contract at the City’s sole and absolute option, and shall be at the sole risk of Vendor. Vendor on behalf of itself, and any subcontractor, agrees 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, attorneys’ 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 Vendor and any subcontractor to pay prevailing wages or to otherwise comply with the requirements of prevailing wage law. c. 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. The requirements of the Living Wage ordinance are provided in Santa Cruz Municipal Code Chapter 5.10.
d. Vendors’ Duties Concerning Labor Code Compliance. As required by Labor Code §1775(b)(1), Vendor shall include in any contract between Vendor and subcontractors for the performance of work on a public works project, a copy of Labor Code §§1771, 1775, 1776, 1777.5, 1813 and 1815. e. Apprentices. The Vendor is responsible for compliance with Labor Code §1777.5 for all apprentices whether employed directly or through subcontractors on a public works project. f. Payroll Records. Pursuant to Labor Code §1776, for public works projects, the Vendor and any subcontractor shall keep, make available, and submit to the City within ten (10) days of receipt of a written request, certified payroll records. Pursuant to Labor Code § 1776(h), if the Vendor or any subcontractor fails to comply with the ten-day period, he or she shall, as a penalty to the City, forfeit the prescribed amount for each calendar day, or portion

26.11 CITY OF SANTA CRUZ TERMS AND CONDITIONS OF PURCHASE http://www.cityofsantacruz.com/government/city-departments/finance-/purchasing-division/selling-to-the-city Revised 3/14/2022 Page 3 thereof, for each worker, until strict compliance is effectuated. The Vendor shall include provisions in its subcontracts as required to make this paragraph effective as to each subcontractor. Upon written request, the Vendor shall withhold penalties forfeited by a subcontractor pursuant to Labor Code §1776(h) and this paragraph from payment due to such subcontractor and remit such penalties withheld to the City. g. Hours of Labor. Pursuant to Labor Code § 1810, 8 hours of labor shall constitute a legal day’s work. Pursuant to Labor Code § 1813, the Vendor and each subcontractor, if any, shall, as a penalty to the City, forfeit the prescribed amount per calendar day for each worker required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week without being compensated in accordance with § 1815. Vendor shall include terms in its subcontracts as required to make this paragraph effective as to each subcontractor. Upon written request, Vendor shall withhold penalties forfeited by a subcontractor pursuant to Labor Code §1813 and this paragraph from payments due to such subcontractor and remit such penalties withheld to the City. h. Storm Water Requirements: The Vendor, and all subcontractors, are required to abide by the applicable City of Santa Cruz Storm Water Best Management Practices (BMPs) for the duration of the work. The City’s mandatory Storm Water BMPs, which are listed according to the type of work, operations, or business, are located on the City website here.

8. Insurance: Prior to the beginning of and throughout the duration of this contract, Vendor will maintain insurance in conformance with the requirements set forth herein. Vendor will insure the City against claims for injuries to persons or damages to property which may arise from or in connection with the goods, or the work performed hereunder and the results of that work by Vendor, Vendor’s agents, representatives, employees or subcontractors. a. Standard 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, 877 Cedar Street, Suite 100, Santa Cruz, CA 95060,
 Certificate will be signed by an authorized representative,  An endorsement will be provided to show the City, its officers, officials, employees, agents and volunteers as additional insured.
b. Minimum Scope and Limits of Insurance:

26.12 CITY OF SANTA CRUZ TERMS AND CONDITIONS OF PURCHASE http://www.cityofsantacruz.com/government/city-departments/finance-/purchasing-division/selling-to-the-city Revised 3/14/2022 Page 4 c. Additional Requirement for Professional Services
Professional Liability (Errors and Omissions): $2,000,000 per occurrence or claim, $2,000,000 aggregate Vendor will maintain insurance appropriate to Vendor’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after date of completion of the services under this contract. 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, Vendor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.

If Vendor maintains broader coverage and/or higher limits than the minimums shown above, the City of Santa Cruz requires and shall be entitled to the broader coverage and/or higher limits maintained by Vendor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Santa Cruz.
d. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, 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 the Vendor including materials, parts, or equipment furnished in connection with such work or operations.

General liability coverage will be provided in the form of an endorsement to the Vendor’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 and CG 20 37 (if a later edition is used).
 Primary Coverage
For any claims related to this contract, the Vendor’s insurance coverage will be primary insurance as respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers will be excess of the Vendor’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
Vendor hereby grants to the City a waiver of any right to subrogation which any insurer of said Vendor may acquire against the City by virtue of the payment of any loss, including attorneys’ fees, under such insurance.

Vendor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

The Worker’s Compensation policy will be endorsed with a waiver of subrogation in favor of the City for all work performed by the Vendor and its employees.
• Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions will be declared to and approved by the City. City may require Vendor 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 Entity.
• Verification of Coverage
Vendor will furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning will not waive the Vendor’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.

26.13 CITY OF SANTA CRUZ TERMS AND CONDITIONS OF PURCHASE http://www.cityofsantacruz.com/government/city-departments/finance-/purchasing-division/selling-to-the-city Revised 3/14/2022 Page 5 a. 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, including but not limited to requiring the following:
 Data Breach Risk - Cyber Liability Insurance of limits no less than $5 Million per occurrence and $10 Million in the aggregate.
 Risk of Loss in Transporting Money - Cash In Transit Policy Insurance covering all risks of physical loss or damage while in transit or at premises for limits no less than $10 Million per occurrence and $20 Million in the aggregate.
 Financial Breach Risk - Financial Crime Coverage for limits no less than $5 Million per occurrence and $10 Million in the aggregate.
 Risk in Transporting People or Goods in a Vehicle - Common Carrier Liability Insurance of limits no less than $10 Million per occurrence and $20 Million in the aggregate.  Risk in Storing Vehicles – Garage-keeper’s Liability Insurance of limits no less than $2 Million per occurrence and $4 Million in the aggregate.
 Construction Risks - Builder’s Risk (Course of Construction) Insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions, and name the City as loss payee.
 Environmental Hazard - Pollution Legal Liability Insurance with limits no less than $1 Million per occurrence or claim, and $2 Million in the aggregate.
b. 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 Vendor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work. c. Subcontractors
Vendor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Vendor shall ensure that City, its officers, officials, employees, and volunteers are additional insureds on insurance required from subcontractors.

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 8:00a qualifies for breakfast reimbursement.  Travel between 8:00a – 1:30p qualifies for lunch reimbursement.  Travel between 1:30p – 7:00p (or later) qualifies for dinner reimbursement.  Days between hotel stays and days starting before 8a and ending after 7p, qualify for the full GSA Meals & Incidental per diem rate.

Ground Transportation
Ground transportation is reimbursable when it is for travel between the vendor’s place of business, their employee’s

26.14 CITY OF SANTA CRUZ TERMS AND CONDITIONS OF PURCHASE http://www.cityofsantacruz.com/government/city-departments/finance-/purchasing-division/selling-to-the-city Revised 3/14/2022 Page 6 home, an airport, or Santa Cruz hotel to their City work location.

2. Personal vehicles include vehicles owned by the vendor or their employees.  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. 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 in the rental agreement 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 vendor’s place of business, or their 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 vendor must work on site for two or more consecutive days and the vendor’s place of business, or their employee’s home, 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

1. Travel expenses not listed 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 Department Head of the department contracting with the vendor.

4. Tips and gratuities will not be reimbursed.

5. Alcoholic beverage purchases will not be reimbursed.

6. Vendors will exercise prudence in incurring reimbursable expenses.

26.15 CITY OF SANTA CRUZ TERMS AND CONDITIONS OF PURCHASE http://www.cityofsantacruz.com/government/city-departments/finance-/purchasing-division/selling-to-the-city Revised 3/14/2022 Page 7 of the applicable County Recorder. City shall have the right to post notices of non-responsibility on all or any part of any affected City property.

11. Governing Law: The contract will be construed and interpreted according to the laws of the State of California.

12. Assignment: The City reserves the right to cancel this contract if the contract is assigned without written consent of the City.

14. Contract Modifications: All changes to this contract will be approved in writing signed by both parties through an amendment to the contract.

The City or Vendor may terminate the contract for material breach of contract by providing written notice to the other party not less than 14 calendar days prior to an effective termination date.

The rights and remedies provided in this section will not be exclusive and are in addition to any other rights and remedies provided by law or under the contract.

16. Safety: All service(s) and item(s) provided will comply with applicable safety laws, regulations, and standards. Vendor will provide proof of compliance, if requested by the City.
a. Vendor will make available a list of hazardous chemicals and applicable Safety Data Sheets prior to bringing those chemicals on City property or using them on behalf of the City. All hazardous substances and chemicals brought onto the premises must be labeled as required by the Hazard Communication Standard. Vendor is required to maintain copies (on site) of the SDS of the hazardous substances or chemicals they will use throughout the work place. No hazardous materials or chemicals will be introduced into the workplace by the vendor unless approved in advance by the City. The City reserves the right to deny use of any hazardous substance or chemical that the City deems harmful and may affect City employees and/or members of the public. b. Any precautions and/or protective measures to minimize the possibility of exposure will be communicated by the Vendor to the City and from there to City employees.
c. Upon request, Vendor will provide records of their Hazard Communication Training Program. d. All accidents, chemical spills, fires, accidents, property damage, etc., no matter how small, must be reported to the City immediately for investigation and documentation.
e. Vendor must immediately notify the City in the event of an emergency and indicate what assistance is required.

26.16 CITY OF SANTA CRUZ TERMS AND CONDITIONS OF PURCHASE http://www.cityofsantacruz.com/government/city-departments/finance-/purchasing-division/selling-to-the-city Revised 3/14/2022 Page 8 The City reserves the right to obtain the item(s) covered by this contract from another source during any on-going suspension of service due to the circumstances outlined above.

Copies are available upon request from the City’s Purchasing Division.

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

22. Vendor Not An Agent. Vendor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent.

26.17 Invitation For Bids
No. IFB No. PK-0133
FOR

SANTA CRUZ WHARF PILINGS
Contact: Lindsay Bass, Principal Management Analyst
Email: [email protected]
RESPONSE DEADLINE: May 28, 2024, 2:00 pm
RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:
https://procurement.opengov.com/portal/santacruzca
Exhibit B

26.18 City of Santa Cruz
Santa Cruz Wharf Pilings
I. INTRODUCTION.....................................................................................

II. GENERAL INFORMATION FOR BIDDERS ................................................

III. INSTRUCTIONS FOR BIDDERS ................................................................

IV. TERMS AND CONDITIONS .....................................................................

V. PRELIMINARY SCOPE OF WORK ............................................................

VI. BID SUBMITTALS ...................................................................................

VII. BID FORM .............................................................................................

Attachments:

A - City_of_Santa_Cruz_Standard_Terms_and_Conditions
B - Insurance Requirements for Vendors
C - Wharf Pile Yard_delivery

26.19 #IFB No. PK-0133
Title: Santa Cruz Wharf Pilings

Page 3 ends

1. INTRODUCTION

1.1. Summary
The Santa Cruz Wharf is composed of over 4,450 treated Douglas fir pilings driven 21 feet into the ocean floor. The City of Santa Cruz is currently in the planning stages of a wharf construction project that will make permanent repairs to the structure in response to winter storm damage. Construction work is slated to begin in mid-September 2024. This solicitation is to procure 50 quantity of 70-ft polyureacoated, ACZA treated, coastal Douglas Fir, Marine grade, class A pilings and 10 quantity of 75-ft polyurea-coated, ACZA treated, coastal Douglas Fir, Marine grade, class A pilings.

1.2. Background
The City of Santa Cruz was incorporated in 1866 and formed its current charter in 1948. It is governed under a Council/Manager form of government. A Mayor and six Council members set policy for the City and a City Manager serves as chief administrator of those policies. The City is located on the coast, 75 miles south of San Francisco on the northern edge of the Monterey Bay. It encompasses 15.8 square miles with cultural and ethnic diversity among its population of 65,000. Santa Cruz is part of the National Marine Sanctuary and is a popular tourist destination owing to its beaches, surf culture, and historical landmarks.

The City provides a full range of municipal services and facilities including a recreational wharf, public golf course, over thirteen hundred acres of open space, full beach services, refuse management, law enforcement, fire protection, and water and wastewater utilities. The City is also host to University of California Santa Cruz, the Santa Cruz Harbor, and the Santa Cruz Beach Boardwalk amusement park.

1.3. Contact Information
Lindsay Bass
Principal Management Analyst
Email: [email protected]
Phone: (831) 420-5274
Department:

Parks and Recreation
Department Head:

Tony Eillot
Parks and Recreation Director

1.4. Timeline
The City will make every effort to adhere to the following tentative schedule. All dates set forth in this IFB are subject to change at the City’s sole discretion. Any change will be set forth in an addendum. All references in this IFB to “time” are Pacific Standard Time.

Release Project Date May 10, 2024

26.20 #IFB No. PK-0133
Title: Santa Cruz Wharf Pilings

Page 4 ends

Pre-Bid Meeting (Non-Mandatory) May 16, 2024, 10:00am
Join meeting here:
https://teams.microsoft.com/l/meetupjoin/19%3ameeting_ZGQ5YjYxNTAtMTgzZi00OGVjL WFmM2UtNTUyMmY0MjFmOTA0%40thread.v2/0?
context=%7b%22Tid%22%3a%22feab8902-637f47b2-a683-
641ca716ec3f%22%2c%22Oid%22%3a%22c97816d
f-ece4-4c2b-88a1-01afc99d1247%22%7d
Meeting ID: 244 069 639 807
Passcode: djLH9m
________________________________________
Dial-in by phone
+1 872-242-8054,,257493666# United States,
Chicago
Find a local number
Phone conference ID: 257 493 666#
IFB Questions and Clarification Due Date May 21, 2024, 2:00pm Tentative Response Date to Bidder
Clarification Questions
May 23, 2024

26.21 #IFB No. PK-0133
Title: Santa Cruz Wharf Pilings

Page 5 ends

Bid Submittal Due Date & Public Bid
Opening
May 28, 2024, 2:00pm
Join meeting here:
https://teams.microsoft.com/l/meetupjoin/19%3ameeting_NGVjNzk4NDktYzBmOC00YWJ jLWIzM2QtYWQwYzA1MDA3ZDBl%40thread.v2/0?
context=%7b%22Tid%22%3a%22feab8902-637f47b2-a683-
641ca716ec3f%22%2c%22Oid%22%3a%22c97816d
f-ece4-4c2b-88a1-01afc99d1247%22%7d
Meeting ID: 225 700 942 560
Passcode: KFYKE3
________________________________________
Dial in by phone
+1 872-242-8054,,666540370# United States,
Chicago
Find a local number
Phone conference ID: 666 540 370#

26.22 #IFB No. PK-0133
Title: Santa Cruz Wharf Pilings

Page 6 ends

2. GENERAL INFORMATION FOR BIDDERS

2.1. Summary Scope of Work
All applicants must provide thorough and comprehensive responses that clearly demonstrate their team’s approach to and consistency with the below-mentioned standards.

The City invites qualified firms to respond to this Invitation for Bids (IFB) for the project (“Project”) titled below:

Santa Cruz Wharf Pilings
IFB No. PK-0133
The City anticipates awarding a contract to a vendor for one year term. The Bidder will provide the services outlined in Section PRELIMINARY SCOPE OF WORK.

The successful Bidder shall furnish all tools, equipment, materials, tax, apparatus, facilities, labor, transportation, supervision, and management, not specifically provided by the City, to complete the work described in this RFP. The successful Bidder will provide the a brief statement of services, as detailed further in Section PRELIMINARY SCOPE OF WORK.

2.2. Estimated Quantity
The quantities indicated in this solicitation are approximate and based on past experience and expected future need. Quantities may be increased or decreased depending on actual need during the contract term; however, no price adjustments will be allowed as a result of a reduction in the quantity purchased.

2.3. Contact
If you have any questions concerning this solicitation, please ask questions utilizing City’s e-Procurement Question & Answer feature. his RFP document may be downloaded from the City’s e-Procurement Portal at https://procurement.opengov.com/portal/santacruzca/projects/94042. For technical assistance, contact OpenGov using the real-time chat feature on the Portal (located in the lower righthand corner of the screen), or via email at [email protected] for support. All questions must be received by 2:00 pm on Tuesday, May 21, 2024.

2.4. Pre-Bid Meeting & Site Visit
A pre-bid meeting is scheduled for the dates and time listed in Timeline in INTRODUCTION Section via web conference. The purpose of this meeting is to give bidders the opportunity to familiarize themselves with the City’s requirements. Clarification and a review of the IFB process will be discussed at the pre-bid meeting. Attendance at the pre-bid meeting is not mandatory, however, it is strongly encouraged. Access to the pre-bid video meeting is available via the link provided in Timeline in INTRODUCTION Section.

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The City complies with the Americans with Disabilities Act. If you require reasonable accommodations in order to attend the pre-bid meeting, please call the contact listed in the INTRODUCTION section at least 48 hours prior to the meeting.

2.5. Bid Submittal Due Date and Public Bid Opening
All bids will be submitted via the City’s e-Procurement Portal at: https://procurement.opengov.com/portal/santacruzca/projects/94042 before due date. Each bid received before 2:00 pm on Tuesday, May 28, 2024 will be publicly opened during a Zoom Meeting as stated in Timeline in INTRODUCTION section. Bids received after the deadline will be deemed nonresponsive. If one or more members of the public are present, the name of each bidder and the total amount of each bid will be read aloud at the Bid Opening meeting. Those wishing to attend the meeting should log into Zoom to ensure that they can access the meeting ahead of time. Bidders take full responsibility for City’s receipt of its Bid. The City will not be liable for any expenses incurred by Bidders in responding to this solicitation.

2.6. Basis of Award
Award shall be made to the lowest responsive and responsible bidder whose bid is most economical for the purpose intended according to criteria designated in this solicitation.

The items listed in Table 1 Basis of Award of the Bid Form are the most common items ordered and serviced. Table 1 will be the Basis of Award.

2.7. Basis of Award
Award shall be made to the lowest responsive and responsible bidder whose bid is most economical for the purpose intended according to criteria designated in this solicitation.

The items listed in Table 1 Basis of Award of the Bid Form are the most common items ordered and serviced. Table 1 will be the Basis of Award.

Items listed in Table 2 Supplemental Line Items of the Bid Form will also be awarded in the impending contract, however, will not be the basis of award. All bidders are required to quote prices for all bid items in Table 1 and Table 2. Failure to meet this requirement may be sufficient reason to declare the bid non-responsive.

2.8. Definitions
In this IFB document:

A. “Bidder” means contractor, firm, supplier, vendor, or consultant submitting a bid to this IFB.

B. “Bid” means the complete submittal of bidder to the City in response to this IFB, including any written documentation submitted with the submittal.

C. “Subcontractor” means those performing any portion of the services as subcontractors, vendors, suppliers, and other business entities and individuals that is not the bidder.

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D. “Key Staff”, if required, means the employees of the Contractor or subcontractor(s) that will provide project leadership or expertise in lead technical services and are considered essential to the success of the word.

E. “Contract” also means Purchase Order or Agreement.

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3. INSTRUCTIONS FOR BIDDERS

3.1. Questions and Requests for Clarification and Addenda Questions or concerns regarding any aspect of this IFB shall be sent via City’s e-Procurement Portal’s Question & Answer feature and received by the date identified in Timeline in INTRODUCTION Section.

Any questions or objections not submitted within the time and manner stated above or to anyone other than the above-stated contact will be deemed waived. The City is not bound by the oral representation of any City employee or official. Answers to questions received will be sent out via an addendum.

The City may determine it is necessary to revise any part of this IFB. Revisions will be made by written addenda and it is the Bidder's sole responsibility to comply with any addenda to this IFB and acknoeledge addenda via City's e-Procurement Portal. Addenda will be posted on the City’s eProcurement Portal, https://procurement.opengov.com/portal/santacruzca/projects/94042, under Bidding Information.

3.2. Bid Submittal
Sealed bids are due no later than the Date and time specified in Timeline in INTRODUCTION Section. All bids will be submitted via City's e-Procurement Portal before the due date.

Prior to any bid being accepted, the bidder must demonstrate compliance with all bid specifications for such product. The burden of proof of compliance with this specification is the responsibility of the bidder. No exceptions to or deviations from this specification shall be considered unless each exception or deviation is specifically stated as an exception and accompanied by a detailed description of the exception and/or deviation. If no exception or deviation is shown, the bidder shall be required to furnish the equipment exactly as specified herein.

Failure to comply with all requirements, instructions, and conditions of the invitation for bids and this specification may result in rejection of bid.

3.3. Non-Response to IFB
If the Bidder does not wish to submit a bid, write “no bid at this time” and the Bidder name on the Bid Sheet and return by the bid due date. Failure to respond to this Invitation for Bids may result in removal of the Bidder from the bid list for the solicited item.

3.4. Responsive Bids
Bids are considered responsive when they:

A. Comply with all requirements, instructions, and conditions of this solicitation.

B. Comply with the bid specifications and do not have unacceptable exceptions.

C. Include pricing for all items listed.

D. Include all required submittals.

E. Acknowledge all bid addenda.

F. Have signatures on the Bid Sheet.

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G. Are received by the bid due date and time.

Non-responsive bids may not be considered and may be rejected.

3.5. Reservation of Rights
The City may exercise at its sole discretion the following rights. By responding to this IFB, Bidders acknowledge and consent to the following rights.

The City reserves the right to:
• Postpone, cancel, or issue a subsequent IFB.
• Reject any or all bids.
• Reject any bid that is conditional in any way or that contains erasures, items not called for, items not in conformity with applicable law, changes, additions, alternate bids, or any responsive or submitted by a Bidder that is not responsible.
• Issue addenda to amend, modify, add or delete requirements of this IFB. • Remedy technical errors in the IFB process.
• Disqualify Bidders who are deemed non-responsive to the requirements of this IFB. • Waive informality or immaterial irregularities or minor defects in a bid offer, accept and/or reject all or part of a bid offer.
• Use judgment whether to respond to questions after the IFB question submittal due date. • Not award a Purchase Order/Contract.
• Award a Purchase Order/Contract to a single Bidder for the entire procurement or to multiple Bidders by line item, in groups, or phases according to Section PRELIMINARY SCOPE OF WORK. • If only one bid is received in response to this bid invitation, require the sole Bidder to submit cost or pricing data to assist in determining if the price is reasonable.

3.6. Bid Sheet Pricing
The Price Schedule can be found in Section BID FORM.

The Bidder shall use Bid Form for the submittal of their Bid Pricing. The Bid price submitted on the Bid Form shall include the costs for services, systems, or goods listed in Bid Documents. Bid prices shall remain firm and not subject to escalation throughout the term of the contract including extensions.

Bidder's pricing shall be submitted as a firm-fixed fee (flat rate) for performance of all specifications on the Pricing Schedule of the Bid Form. The Price Schedule shall be completed in full and shall be incorporated herein. Any deviations from the Price Schedule may be considered nonresponsive.

All information provided in the IFB documents is based on past experience and expected future need.

Actual orders may vary during the contract term. The City reserves the right to obtain competitive

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quotes for contract items. If the Bidder is not consistently the low bidder for these items, the City may terminate this agreement.

3.7. References
The bidder shall submit with bid a list of a minimum of three (3) client references that have procured Santa Cruz Wharf Pilings service from the bidder, for a minimum of 1 year in the last five (5) years which demonstrate relevant experience with the Project. The bidder shall provide company or agency name, contact name, and phone number for each reference. It is the responsibility of the bidder to ensure the client reference contact person is available and willing to provide a reference within the timeframe stated in this section.

3.8. Optional Piggyback Provision
Bidders are requested to indicate on the Bid Sheet if they shall extend the pricing, terms and conditions of this bid to other government agencies, if the bidder is the successful bidder. If the successful bidder agrees to this provision, participating agencies may enter into a contract with the successful bidder for the purchase of the same commodities based on the terms, conditions, and prices, offered by the successful bidder to the City of Santa Cruz for this bid. Minor changes in terms and conditions may be negotiated by participating agencies and the successful bidder.

3.9. Collusive or Shame Bids
No person, supplier, or corporation shall make or file or be interested in more than one bid for the same work, except so far as alternate bid may be called for. Nor shall any person, supplier, or corporation submit a collusive or sham bid, per se, directly or indirectly, to induce any other supplier to submit such a bid, or to refrain from responding, or seek in any way to fix the price, or any portion of the proposed price, in order to secure an advantage against the owner or any person interested in a proposed contract. However, a person, supplier, or corporation submitting a sub-bid to a bidder or quoting prices on materials for a bidder, is not hereby disqualified from submitting sub-bids or quoting prices to other bidders.

The Bidder shall acknowledge that it has not directly or indirectly been collusive with any other bidder in the preparation and submission of the bid by submitting the Non-Collusion Declaration. If at any time it shall be found that the bidder to whom a contract has been awarded has, in presenting the bid, colluded with any other party or parties, said bidder shall be liable to the City for all loss or damage which the City has or may suffer as the result of the collusive activity, including, but not limited to, the cost of advertising and awarding a new contract.

3.10. Public Record
Bids received will become the property of the City. All bids and any subsequent contracts will be subject to public disclosure per the “California Public Records Act,” California Government Code, sections 7920.000 - 7931.000, once the City has awarded the contract resulting from this solicitation.

If a Bidder’s proprietary information is contained in documents or information submitted to City, and Bidder claims that such information falls within one or more CPRA exemptions, Bidder must clearly mark such information “Confidential and Proprietary,” and identify the specific lines containing the information. In the event of a public request for such information, City will make best efforts to provide notice to Bidder prior to such disclosure. If a Bidder contends that any documents are exempt from the

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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 Bidder fails to obtain such remedy within the time the City is required to respond to the CPRA request, City may disclose the requested information without any liability to Bidder. Bidder 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 Bidder.

3.11. Award Protests
The City desires to foster cooperative relationships with Proposers and to reach a fair agreement in a timely manner.

The City encourages Proposers to resolve issues regarding the RFP requirements or the procurement process through written correspondence and discussions at least 5 business days prior to the proposal due date. This will allow the City time to research the validity of any stated issues and either issue an addendum to the RFP, cancel the RFP, or determine the protest to be unfounded and proceed with the solicitation. In the event, the protest of specifications is denied, and the protester wishes to continue in the protest process, the protesting Proposers must still submit a proposal in accordance with the proposal submittal procedures provided in this solicitation. Questions or concerns prior to the intent to award notice will be directed to:

Lindsay Bass, Principal Management Analyst, [email protected] Any Proposer who unsuccessfully bids on a City contract or any trade association representing workers who would have potentially been employed by such contract may formally protest a contract award.

Protest letters regarding a formal contract award will be directed to:

City of Santa Cruz
City Clerk Administrator
809 Center Street, Room 9
Santa Cruz, California 95060
Protests will be filed with the City Clerk’s office no later than 5 business days after the written Notice of Intent to Award is sent by the City. Protest letters will include:
• The name, address, and telephone number of the protester; • The Project title, RFP Number, and RFP due date;
• Name of City employee and Department designated as the contact in the original RFP; • A detailed statement of the legal and/or factual grounds for the protest; and • The form of relief requested.

The City Council will hear the protest prior to award of the contract. The protesting party may protest the City’s or successful Proposer’s failure to comply with the requirements of the Purchasing Ordinance or the solicitation documents. The protest must clearly set forth the basis for the protest; grounds not

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Santa Cruz City CouncilJune 25, 2024

Santa Cruz City Council
June 25, 2024