Santa Cruz City Council
August 13, 2024

CITY OF SANTA CRUZ
809 Center Street
Santa Cruz, California 95060

CITY COUNCIL AGENDA
Regular Meeting - August 13, 2024
1:30 P.M. CLOSED SESSION, ZOOM/COURTYARD CONFERENCE ROOM 3:15 P.M. ORAL COMMUNICATIONS, CONSENT, GENERAL BUSINESS AND PUBLIC

HEARINGS, ZOOM/COUNCIL CHAMBERS
The meeting may be viewed remotely, using any of the following sources:
 Click on Zoom link (no time delay): https://zoom.us/j/94684401344  Online at http://www.cityofsantacruz.com/government/city-council/council-meetings  Online at Watch – Community Television of Santa Cruz County  Comcast Channel 25
Or: Call any of the numbers below. If one is busy, try the next one.  1-833-548-0276 (Toll Free)
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 Enter the meeting ID number: 946 8440 1344
 When prompted for a Participant ID, press #.
 Press *9 on your phone to “raise your hand” when the Mayor calls for public comment.  It will be your turn to speak when the Mayor calls on you. Press *6 to unmute yourself. The timer will then be set.

Correspondence to be included in the agenda packet must be received by 5:00 pm on Monday, August 12th
PLEASE NOTE:
 Council may take a break(s) as needed.
 Requests for extra speaking time on items other than Oral Communications must be made by 5:00 p.m. on Sunday, August 11th by emailing the Mayor and the City Clerk.

Approval will be confirmed via email.
[email protected] [email protected]
August 13, 2024 City Council 2
The City of Santa Cruz does not discriminate against persons with disabilities. Out of consideration for people with chemical sensitivities we ask that you attend fragrance free. Upon request, the agenda can be provided in a format to accommodate special needs. Additionally, if you wish to attend this public meeting and will require assistance such as an interpreter for American Sign Language, Spanish, or other special equipment, please call the City Clerk’s Department at 420-5030 at least five days in advance so that we can arrange for such special assistance, or email [email protected]. The CalRelay system number: 1-800-735-2922.

Si desea asistir a esta reunión pública y necesita ayuda - como un intérprete de lenguaje de señas americano, español u otro equipo especial - favor de llamar al Departamento de la Secretaría de la Ciudad al 420-5030 al menos cinco días antes para que podamos coordinar dicha asistencia especial o envié un correo electrónico a [email protected]. El número del sistema Cal-Relay es: 1-800-735-2922.

Agenda and Agenda Packet Materials: The City Council agenda and the complete agenda packet containing public records, which are not exempt from disclosure pursuant to the California Public Records Act, are available for review on the City’s website:
www.cityofsantacruz.com/government/city-council-meetings and at the Office of the City Clerk located at 809 Center Street, Room 8, Santa Cruz, California, during normal business hours.

Agenda Materials Submitted after Publication of the Agenda Packet: Pursuant to Government Code §54957.5, public records related to an open session agenda item submitted after distribution of the agenda packet are available at the same time they are distributed or made available to the legislative body on the City’s website at: www.cityofsantacruz.com/government/city-councilmeetings and are also available for public inspection at the Office of the City Clerk, 809 Center Street Room 8, Santa Cruz, California, during normal business hours, and at the Council meeting.

Need more information? Contact the City Clerk’s office at 831-420-5030. 1:30 PM
Statements of Disqualification
Closed Session

1. Conference with Legal Counsel – Liability Claims (Government Code §54956.95)
1) Claimant: Viet Huong Vo
2) Claimant: Geico Insurance Company
Claims against the City of Santa Cruz

2. Real Property Negotiations (Government Code §54956.8) Property: 37 Municipal Wharf
APN: 007-341-03
Owner: Stagnaro Fish Corporation (c/o Dino Stagnaro) dba Gilda’s City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Stagnaro Fish Corporation Under Negotiation: Price, terms of payment, or both
August 13, 2024 City Council 3
Closed Session (continued)

3. Conference with Legal Counsel – Anticipated Litigation (Government Code §54956.9(d)(4))
Initiation of litigation (one potential case to be discussed)

4. Conference with Legal Counsel – Anticipated Litigation (Government Code §54956.9(d)(2))
Significant exposure to litigation (one potential case to be discussed) August 13, 2024 City Council 4
City Council
3:15 PM
Call to Order
Roll Call
Oral Communications Announcement – Members of the public may address Council on matters not on the agenda, but within the jurisdiction of the Council. 30 minutes is allocated for Oral Communications. No extra time for groups will be granted.

Oral Communications
Presiding Officer's Announcements
Statements of Disqualification
Additions and Deletions
City Attorney Report on Closed Session
Council Meeting Calendar

5. The City Council will review the meeting calendar attached to the agenda and revise it as necessary.

Consent Agenda

6. Resolution Extending the Emergency Declarations in Connection with the 2022/2023 Winter Storms and 2023/2024 Winter Storms (CA/CM) Motion to adopt a resolution extending by sixty days the Local Emergency Declarations in connection with the 2022/2023 and 2023/2024 winter storms.

August 13, 2024 City Council 5
Consent Agenda (continued)

7. Minutes of the June 25, 2024 City Council Meeting (CC) Motion to approve as submitted.

8. Minutes of the August 6, 2024 City Council Study Session (CC) Motion to approve as submitted.

9. Resolution Amending the 2024 Council Meeting Calendar (CC) Resolution amending the 2024 Council meeting calendar to cancel the November 12th and 26th regular meetings and add November 19th as a regular meeting, and rescinding Resolution No. NS-30,235.

10. Review and Amendment of the City’s Conflict of Interest Code (CC) Motion to adopt a resolution amending the current Conflict of Interest Code.

11. Federal Highways Administration Charging and Fueling Infrastructure Discretionary Grant Community Program. Authorization to Submit a Grant Application for the Monterey Bay Region Equitable EV Charging Project Grant (CM)
Motion to adopt a resolution authorizing the City Manager to apply for, accept, and appropriate funds from the Federal Highways Administration Charging and Fueling Infrastructure Discretionary Grant Community Program as lead and co-applicant for installation of publicly available level 2 and DC fast charging at City-owned facilities.

12. California Ocean Protection Council (OPC) Senate Bill (SB) 1 Grant Program: Approval to Execute Grant Funds to Develop a Resilient Coast Santa Cruz 2.0: Shoreline Adaptation Blueprint (CM)
Motion to adopt a resolution approving the execution of grant funds from the Ocean Protection Council under the SB 1 Grant Program funded through California's Greenhouse Gas Reduction Fund and General Fund to develop three Shoreline Adaptation Blueprints along the City of Santa Cruz’ coastline.

August 13, 2024 City Council 6
Consent Agenda (continued)

13. Criminal Justice Council of Santa Cruz County (CM)
Motion authorizing the City Manager to sign the third amendment to the Joint Exercise of Powers Agreement for the Criminal Justice Council (CJC) of Santa Cruz County to extend City of Santa Cruz participation for a one-year term through June 30, 2025.

14. Liability Claims Filed Against the City of Santa Cruz (FN) Motion to reject the liability claim of 1) Viet Huong Vo, and to return as late, the claim of 2) Geico Insurance Company, based on staff recommendation.

15. Professional Services Agreement for a Facilities Condition Assessment (PR)
Motion to approve and authorize the City Manager to execute a Professional Services Agreement with Bureau Veritas Technical Assessments LLC, in a form approved by the City Attorney, for professional services not to exceed $150,000 over a two-year term. The Director of Parks and Recreation is authorized to execute contract amendments and change orders within the approved project budget (c302301).

16. Main Beach Public Restroom Renovation Project (c301913) – Notice of Completion (PR)
Motion to accept the work of CWS Construction Group, Inc. (Novato, CA) as completed per plans and specifications and authorize the filing of the Notice of Completion for the Main Beach Public Restroom Renovation Project (c301913)
August 13, 2024 City Council 7
Consent Agenda (continued)

17. 2024 Wharf Repair Project – 1st Amendment for Engineering Services and Budget Adjustment (PR)
Motion to:
1) Approve and authorize the City Manager to execute a first amendment to the Professional Services Agreement with Moffatt & Nichol for Engineering Services in the amount of $80,300 for the 2024 Wharf Repair Project, in a form approved by the City Attorney. The Director of Parks and Recreation is authorized to execute contract amendments within the approved project budgets;
2) Adopt a resolution amending the FY 2024 budget to increase the revenue and expenditure budgets for the December 2023 Wharf Storm Damage Repair Project (e302402) by the amount of $2,069,371.51; and 3) Adopt a resolution amending the FY 2024 budget to increase the revenue and expenditure budgets for the February 2024 Wharf Storm Damage Repair Project (e302403) by the amount of $1,481,324.93.

18. Pogonip Nature Loop Trail Encampment Clean-up Contract (PW/CM) Motion to approve refuse collection and encampment clean-up work in the Pogonip through a Single Source agreement with Kenny Robinson Construction in an amount not to exceed $140,000. The Public Works Director is authorized to execute change orders within the approved project budget.

19. Caterpillar 299D3 XE Compact Track Loader Purchase (PW) Motion to approve the purchase from the Refuse Fund of one (1) Caterpillar 299D3 XE Compact Track Loader, one (1) MB L160 S2 Crusher Bucket attachment, and one (1) Hydraulic Hammer attachment in the amount of $199,513.51 from Peterson Tractor Co. (San Leandro, CA).

August 13, 2024 City Council 8
Consent Agenda (continued)

20. 733 River St. Post-Demolition Paving (c102303) – Notice of Completion (PW)
Motion to accept the work of Atlantis Paving & Grading (Scotts Valley, CA) as completed per the plans and specifications and authorize filing the Notice of Completion for the 733 River Street Post-Demolition Paving Project and authorizing the Public Works Director to sign the Notice of Completion as the Owner’s Authorized Agent.

21. Award Contract for Bay Drive Protected Bike Lanes and Pedestrian Path Design Phase (c402304) (PW)
Motion to award a contract to Mark Thomas & Company (San Jose, CA) for Bay Drive Protected Bike Lanes and Path Design Phase in the amount of $449,928 and reject all other proposals and to authorize the City Manager to execute an agreement in a form approved by the City Attorney. The Director of Public Works is authorized to execute amendments within the approved project budget.

22. Digester Gas Piping Rehabilitation Project (m409659) – Notice of Completion (PW)
Motion to accept the work of MBS Engineering, Inc. (San Ramon, CA) as completed per plans and specifications and authorize the filing of the Notice of Completion for the Digester Gas Piping Rehabilitation Project (m409659) and authorizing the Public Works Director to sign the Notice of Completion as the Owner’s Authorized Agent.

23. Ocean Street Pavement Rehabilitation Project (c400809) – Notice of Completion (PW)
Motion to accept the work of Granite Rock, Inc. (Watsonville, CA) as completed per the plans and specifications and authorize filing the Notice of Completion for the Ocean Street Pavement Rehabilitation Project (c400809) and authorizing the Public Works Director to sign the Notice of Completion as the Owner’s Authorized Agent.

August 13, 2024 City Council 9
Consent Agenda (continued)

24. Pacific Beach Roundabout Enhancements (c402507) – Professional Services Agreement (PW)
Motion to award a contract to RRM Design Group for professional services in the amount of $139,852 and to authorize the City Manager to execute an agreement in a form approved by the City Attorney and authorize the Director of Public Works to execute amendments within the approved project budget.

25. Resource Recovery Facility Enclosed Flare Installation Project (c402512) – Contract Amendment No. 7 and Budget Adjustment (PW) Motion to:
1) Authorize the City Manager to execute Contract Amendment No.7 with Tetra Tech BAS for engineering services for the Resource Recovery Facility Enclosed Flare Installation Project (c402512) in the amount of $1,785,870 in a form approved by City Attorney. The Public Works Director is authorized to execute future amendments within the approved project budget; and
2) Adopt a resolution to amend the FY 2025 budget and appropriate funds in the amount of $350,000 for the Resource Recovery Facility Enclosed Flare Installation Project (c402512).

26. Dufour Street and Seaside Street Intersection Improvements - Approval of Plans and Environmental Determination (PW)
Motion to:
1) Adopt a resolution modifying the intersection of Dufour Street and Seaside Street to a four-way stop and rescinding Resolution No. NS30,326; 2) Adopt a resolution approving the plans for the four-way stop at Dufour Street and Seaside Street pursuant to Government Code Section 830.6; and
3) Find the intersection improvements at Dufour Street and Seaside Street Categorical Exempt under CEQA Guidelines 14 CCR Section 15301(c).

August 13, 2024 City Council 10
Consent Agenda (continued)

27. West Cliff Drive Stabilization Project (c401501) – Authorization to Accept Funds for Disaster Recovery and Resilience Support (PW) Resolution authorizing the City Manager to accept funds from the California Natural Resources Agency for support of repairs and improvements to the West Cliff Drive Stabilization Project (c401501).

28. Beltz 12 Phase 1 Ammonia Removal Improvements Project (c702203) – Notice of Completion (WT)
Motion to accept the work of the Don Chapin Company, Inc (Salinas, CA) as completed per plans and specifications and authorizing the filing of a Notice of Completion for the Beltz 12 Phase 1 Ammonia Removal Improvements Project (c702203) and to authorize the Water Director to sign the Notice of Completion as the Owner’s Authorized Agent.

29. Regional Drought Resiliency Project – Intertie 1 (c702205) – Bid Withdrawal and Award to Second Lowest Bidder (WT)
Motion to:
1) Accept the bid withdrawal of the apparent low bidder, Monterey Peninsula Engineering Inc. (Monterey, CA), for the Regional Drought Resiliency Project – Intertie 1 (c702205), without forfeiting its bid security on the basis that a material and clerical error was made in assembling the bid, as provided in Section 5101 and 5103 of the California Public Contract Code; and
2) Award the construction contract for the Regional Drought Resiliency Project – Intertie 1 (c702205) to the second lowest bidder, Pacific Underground Construction Inc. (San Jose, CA), in the amount of $8,758,750 including construction contingency.

End Consent Agenda
August 13, 2024 City Council 11
Public Hearing

30. Municipal Code Amendments to Chapter 24.12 Relating to Historic Variations Responding to Modifications Requested by the California Coastal Commission. Location: Citywide. CEQA: Exempt 15061(b)(3) (PL)
Motion to:
1) Adopt a resolution acknowledging receipt of the resolution of certification from the California Coastal Commission including the suggested modifications; and
2) Introduce for publication an ordinance finding that the project is exempt under the California Environmental Quality Act (CEQA) and amending parts of Chapter 24.12 of the Santa Cruz Municipal Code (SCMC) related to Historic Variations in response to action by the California Coastal Commission.

August 13, 2024 City Council 12
General Business

31. Ordinance Amending Municipal Code Chapter 24.10 and Sections

24.12.190, 24.12.290, and 24.12.1108 and Adding New Sections

24.10.2342 and 24.12.191 to Streamline Permitting and Establish Standards for Private Property Outdoor Seating Associated with Eating and/or Drinking Establishments. Chapters 24.10 and 24.12 are Part of the Local Coastal Program Implementation Plan (LCP IP) and Will Require Approval by the California Coastal Commission Prior to Taking Effect Inside the Coastal Zone, and Ordinance Amending Uncodified Ordinance No. 2020-27 Extending Temporary Use of Certain Adjacent Public Street and Outdoor Areas for Eligible Businesses that Extends the Temporary Period for Commercial Use on Private Property from May 31, 2025, to July 1, 2026. (CEQA: Exempt Pursuant to CEQA Guidelines Section 15061(b)(3) as a Project that with Certainty Does Not Have an Effect on the Environment and Section 15183 as a Project Consistent with the General Plan for which an EIR Was Certified.) (PL/EDH)
Motion to:
1) Acknowledge the environmental determination and introduce for publication an ordinance amending Chapter 24.10 and Sections

24.12.190, 24.12,290, and 24.12.1108, and adding Sections 24.10.2342 and 24.12.191 to streamline permitting for private property outdoor seating areas for eating and drinking establishments.
2) Acknowledge the environmental determination and introduce for publication an ordinance amending uncodified Ordinance No. 2020-27 extending temporary use of certain adjacent public street and outdoor areas for eligible businesses that extends the temporary period for commercial use on private property from May 31, 2025, to July 1, 2026.

Adjournment
August 13, 2024 City Council 13

INFORMATION ITEMS PREVIOUSLY DISTRIBUTED TO CITY COUNCILMEMBERS ADDENDUM TO CITY COUNCIL AGENDA – August 13, 2024

32. City Manager: Quarterly Grant Report – Fiscal Year 2024 as of March 31, 2024 - 8/1/24 (CMFYI 268)

33. Library: Incident Report – Santa Cruz Public Library – 4th Quarter 2023- 2024 - 7/30/24 (LBFYI 019)

MAYOR'S PROCLAMATIONS
ADDENDUM TO CITY COUNCIL AGENDA – AUGUST 13, 2024

34. Proclaiming Sunday, June 28, 2024 as “Santa Cruz Rotary Club President Angelo DeBernardo Day” and encouraging all citizens to join in celebrating his service to the community of Santa Cruz, California, and its tradition of doing so with fun and fellowship.

35. Proclaiming July 4–8, 2024 as “West Coast Dowsing Days” and urging all citizens to get out their pendulums and dowsing rods.

36. Proclaiming Saturday, July 13, 2024 as “Shared Adventures Day” and urging all citizens to join in expressing heartfelt appreciation for its contributions to the disabled population and the Santa Cruz community.

37. Proclaiming August 3, 2024 as “Stuff the Bus Day” and encouraging all citizens to join in supporting this vital initiative; recognizing the outstanding contributions of United Way of Santa Cruz County, the Santa Cruz County Office of Education, local businesses, community volunteers, and donors; and expressing heartfelt gratitude for their leadership in fostering educational success and community well-being.

August 13, 2024 City Council 14
Advisory Body Appointments
The following positions are either currently vacant or the terms are due to expire. Council will make the appointments at a future meeting.

County Latino Affairs Commission One opening – at-large nomination Public Hearing
If, in the future, you wish to challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written correspondence received by the City at or before the hearing.

Any person seeking to challenge a City Council decision made as a result of a proceeding in which, by law, a hearing is required to be given, evidence is required to be taken, and the discretion in the determination of facts is vested in the City Council, shall be required to commence that action either 60 days or 90 days following the date on which the decision becomes final as provided in Code of Civil Procedure Section 1094.6 Please refer to code of Civil Procedure 1094.6 to determine how to calculate when a decision becomes “final.” The 60-day rule applies to all public hearings conducted pursuant to the City’s Zoning Ordinance, Title 24, Santa Cruz Municipal Code. The 90-day rule applies to all other public hearings.

Meeting Type
Holiday
Jewish Holiday
Regular Meeting
Special Meeting (will be added as scheduled)
Study Session (will be added as scheduled)
Budget Hearing
DATE Location Meeting Type
Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public September 2
Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public October 2/3
Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public October 11/12
Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public November 11
Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public November 28
November 29
Courtyard Conf. Room Closed Session ‐ Closed to the Public Council Chambers Council Regular Meeting ‐ Open to the Public December 25/26
December 25
December 24 Meeting Cancelled ‐ CITY COUNCIL DARK
City Hall Closure ‐ Christmas Day
Rosh Hashanah (City observed ‐  sundown to sundown)
November 12
October 8
October 22
City Hall Closure ‐ Veteran's Day (observed)
Hanukkah (City observed ‐  sundown to sundown)
Yom Kippur (City observed ‐  sundown to sundown)
City Hall Closure ‐ Labor Day
August 27
City Council Meeting Calendar for 2024
November 26
December 10
City Hall Closure ‐ Thanksgiving Day
City Hall Closure ‐ Day After Thanksgiving Day
September 10
September 24
Please note: Meeting times are not final and are likely to change

5.1 City Council

AGENDA REPORT
DATE: 07/23/2024
AGENDA OF: 08/13/2024
DEPARTMENT: City Attorney
SUBJECT: Resolution Extending the Emergency Declarations in Connection with the 2022/2023 Winter Storms and 2023/2024 Winter Storms (CA/CM) RECOMMENDATION: Motion to adopt a resolution extending by sixty days the Local Emergency Declarations in connection with the 2022/2023 and 2023/2024 winter storms.

BACKGROUND: On January 4, 2023 the City Manager declared the existence of a local emergency following storms in December 2022 and January 2023 (“2022/2023 Winter Storms”) that caused significant flooding, infrastructure damage, and other storm impacts, including downed trees and impacts to persons experiencing homelessness.

A year later, and while responses to the 2022/2023 Winter Storms remained ongoing, the City of Santa Cruz experienced another significant storm event that resulted in flooding and significant damage to City infrastructure (“2023/2024 Winter Storms”). The City Manager again declared the existence of a local emergency as a result of the 2023/2024 Winter Storms on February 6, 2024.

DISCUSSION: Government Code section 8630 authorizes a governing body of a city or an official designated by ordinance to proclaim the existence of a local emergency. Santa Cruz Municipal Code section 2.20.030 empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when the City is affected or likely to be affected by a public calamity or disaster, subject to confirmation by the City Council at the “earliest practicable time.” During the existence of such emergency, the Director of Emergency Services is also authorized, pursuant to Section 2.20.040(1), to “[m]ake and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency,” also subject to confirmation by the City Council “at the earliest practicable time.”
In view of the facts and circumstances described above and damage caused by the 2022/2023 and 2023/2024 winter storms, the City Council ratified the City Manager’s January 4, 2023 emergency declaration by Resolution No. NS-30,085 at its January 10, 2023 regular meeting, and ratified the City Manager’s February 6, 2024 emergency declaration by Resolution No. NS30,286 at its February 13, 2024 regular meeting.

6.1 The attached resolution, if adopted by the City Council, would extend the 2022/2023 Winter Storms emergency declaration and 2023/2024 Winter Storms emergency declaration by an additional 60 days, to October 12, 2024.

FISCAL IMPACT: Actions taken by the City during a declared emergency are potentially recoverable from Cal OES (California Governor’s Office of Emergency Services) and FEMA (Federal Emergency Management Agency).

Prepared By:

Stephanie Duck
Deputy City Attorney
Submitted By:

Tony Condotti
City Attorney
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION.DOCX

6.2 RESOLUTION NO. NS-XX,XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ EXTENDING THE LOCAL EMERGENCY DECLARATIONS IN CONNECTION WITH THE 2022/2023 WINTER STORMS AND 2023/2024 WINTER STORMS
WHEREAS, Government Code section 8630 authorizes the City Council or an official designated by ordinance to proclaim the existence of a local emergency; and WHEREAS, Santa Cruz Municipal Code section 2.20.030 empowers the City Manager, as the director of emergency services, to proclaim the existence or threatened existence of a local emergency when the City is affected or likely to be affected by a public calamity, subject to confirmation by the City Council at the earliest practicable time; and WHEREAS, on December 30 and 31st, 2022, the City of Santa Cruz experienced an atmospheric river storm rain event, followed by another powerful storm event on January 4 and 5th, 2023 (the “2022/2023 Winter Storms”). As a result of the 2022/2023 Winter Storms, flooding, debris from trees, and mud impacted the San Lorenzo River and adjacent areas, including the Tannery area, San Lorenzo Park, and the beach. The San Lorenzo River reached

22.1 feet. Rainfall amounts exceeded 7 inches in the mountains over a 24-hour period. The 2022/2023 Winter Storms resulted in flooding, downed trees, major infrastructure damage, and impacts to persons experiencing homelessness; and
WHEREAS, the County of Santa Cruz proclaimed the existence of a local emergency in the County on January 3, 2023 in response to the 2022/2023 Winter Storms; and WHEREAS, in light of the 2022/2023 Winter Storms and pursuant to his authority as Emergency Services Director, on January 4, 2023, the City Manager declared the existence of a local emergency (the “2022/2023 Emergency Proclamation”). At its January 10, 2023 meeting, the City Council adopted Resolution No. NS-30,085 declaring the existence of a State of Emergency in connection with the 2022/2023 Winter, confirming the 2022/2023 Emergency Proclamation; and
WHEREAS, the City Council has continued to review the need for the 2022/2023 Winter Storms emergency declaration and most recently adopted Resolution No. NS-30,349 at its June 25, 2024 regular meeting, further extending the declaration of emergency by 60 days; and
WHEREAS, a year after the 2022/2023 Winter Storms, on December 28 and 30th, 2023, the City of Santa Cruz experienced a large winter swell event involving significant rain and hazardous ocean conditions, causing an estimate of $2.5 million in damage along West Cliff Drive and the Santa Cruz Wharf, followed by atmospheric river storms throughout January and February 2024 (the “2023/2024 Winter Storms”). The 2023/2024 Winter Storms included significant rainfall on January 22, 2024 that contributed to flooding within the City of Santa Cruz and specifically to Cypress Point Apartments; and

6.3 RESOLUTION NO. NS-XX,XXX
2 WHEREAS, on January 30, 2024, the County of Santa Cruz Board of Supervisors ratified Local Emergency for the December 2023 Coastal Storms, as proclaimed by the County Administrative Officer as the Director of Emergency Services on January 3, 2024; and WHEREAS, in light of the 2023/2024 Winter Storms and pursuant to his authority as Emergency Services Director, on February 6, 2024, the City Manager declared the existence of a local emergency (the “2023/2024 Emergency Proclamation”). At its February 13, 2024 meeting, the City Council adopted Resolution No. NS-30,286 declaring the existence of a State of Emergency in connection with the 2023/2024 Winter Storms, confirming the 2023/2024 Winter Storms Emergency Proclamation; and
WHEREAS, the City Council has continued to review the need for the 2023/2024 Winter Storms emergency declaration and most recently adopted Resolution No. NS-30,349 at its June 25, 2024 regular meeting, further extending the declaration of emergency by 60 days; and
WHEREAS, damage to City infrastructure from the 2022/2023 Winter Storms and 2023/2024 Winter Storms is extensive and as a result, the City’s emergency response remains ongoing.

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

A. That the City Council hereby declares that the local emergency declaration adopted at its January 10, 2023 regular meeting by Resolution No. NS-30,085, and extended on January 24, 2023 by Resolution NS-30,095, on March 14, 2023 by Resolution NS-30,116, on May 9, 2023 by Resolution NS-30,145,on June 27, 2023 by Resolution NS-30,166, on August 22, 2023 by Resolution NS-30,187, on October 10, 2023 by Resolution NS30,208, on November 28, 2023 by Resolution NS-30,239, on January 23, 2024 by Resolution NS-30,274, on March 12, 2024 by Resolution NS-30,296, on April 30, 2024 by Resolution NS-30,315, and on June 25, 2024 by Resolution No. NS-30,349, shall be extended an additional sixty (60) days from its adoption pursuant to California Government Code Section 8630, et seq., by this Resolution; and B. That the City Council hereby declares that the local emergency declaration adopted at its February 13, 2024 regular meeting by Resolution NS-30,286, and extended on April 9, 2024 by Resolution NS-30,311, April 30, 2024 by Resolution NS-30,315, and on June 25, 2024 by Resolution No. NS-30,349, shall be extended an additional sixty (60) days from its adoption pursuant to California Government Code Section 8630, et seq., by this Resolution; and
C. This Resolution shall remain in full force and effect and shall thereafter terminate on the sixtieth (60th) day after its adoption, unless earlier terminated or further extended by subsequent City Council action.

6.4 RESOLUTION NO. NS-XX,XXX
3 PASSED AND ADOPTED this 13th day of August 2024 by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

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

6.5 MINUTES ARE UNOFFICIAL UNTIL APPROVED BY COUNCIL
City of Santa Cruz
809 Center Street
Santa Cruz, California 95060

MINUTES OF A CITY COUNCIL MEETING
June 25, 2024
11:30 AM
Mayor Keeley opened the City Council Closed Session at 11:32 a.m. in a public meeting via Zoom and in Council Chambers, for the purpose of announcing the agenda, and receiving public testimony.

Roll Call

Present: Councilmembers Newsome, Brown, Watkins, Brunner, KalantariJohnson; Vice Mayor Golder; Mayor Keeley.

Absent: None.

Staff: City Manager M. Huffaker, Assistant City Manager L. Schmidt, City Attorney T. Condotti, Director of Finance E. Cabell, Deputy City Clerk Administrator J. Wood, City Clerk Administrator B. Bush.

Statements of Disqualification – None.

Public Comment
Mayor Keeley opened the public comment period at 11:33 a.m. The following person spoke:

Jeffrey Dunworth spoke regarding item 1.6.

Mayor Keeley closed the public comment period at 11:37 a.m., at which time the meeting was closed to the public and Council adjourned to the Courtyard Conference Room.

7.1 June 25, 2024 CITY COUNCIL MINUTES 6880
Closed Session

1. Conference with Legal Counsel – Liability Claims (Government Code §54956.95) 1) Claimant: John J. Morley
2) Claimant: Luis Ramirez
3) Claimant: Mirfak Elize Fuentes Hernandez
4) Claimant: Barbara Jana Hostetter
5) Claimant: David Turner
6) Claimant: Jeffrey David Dunworth
7) Claimant: Progressive West Insurance Company
Claims against the City of Santa Cruz
Council received a status report, took up under agenda item 24, and no reportable action was taken.

2. Conference with Legal Counsel - Existing Litigation (Government Code §54956.9(d)(1))
1) County of Santa Cruz, et al. v. Purdue Pharma L.P., et al. (United States District Court, Northern District of California, Case No. 5:18-cv02803 and United States District Court, Northern District of Ohio, MDL No. 2804, Case No. 17-MD-2804)
2) City of Santa Cruz, et al. v. The Regents of the University of California, et. al.
(Santa Cruz County Superior Court Case No. 21CV02683, consolidated with 22CV00373 and 22CV00838)
1) The County of Santa Cruz, et al. v. Purdue Pharma L.P., et al. is a nationwide consolidated legal action brought by approximately 3,000 public entities against various opioid manufacturers and distributors. That case has been pending for a number of years, and recently the plaintiffs in that case reached a settlement where the Kroger Corporation agreed to pay plaintiffs approximately $1.37 billion over the course of the next 11 years to settle that claim. The City has an option to join and share in the proceeds of the settlement agreement. Council approved the City’s entering into the settlement agreement.
2) A hearing of a writ of mandate on the City of Santa Cruz, et al. v. The Regents of the University of California, et al. case was held in the Santa Cruz County Superior Court a week ago and the Court took the matter under submission. Council took no reportable action.

7.2 June 25, 2024 CITY COUNCIL MINUTES 6881
Closed Session (continued)

3. Real Property Negotiations (Government Code §54956.8) 1) Property: Colligan Theater
APN: 008-661-13
Owner: City of Santa Cruz
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Theatre 831 dba All About Theatre Under Negotiation: Price, terms of payment, or both
2) Property: 1070 River Street, referred to as the Kron House APN: 008-661-18
Owner: City of Santa Cruz
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Arts Council Under Negotiation: Price, terms of payment, or both
Council received a status report from the City Negotiator, and no reportable action was taken.

7.3 June 25, 2024 CITY COUNCIL MINUTES 6882
City of Santa Cruz
809 Center Street
Santa Cruz, California 95060

MINUTES OF A CITY COUNCIL MEETING
June 25, 2024
12:30 PM
Call to Order – Mayor Keeley called the meeting to order at 12:48 p.m. in Council Chambers.

Roll Call

Present: Councilmembers Newsome, Brown, Watkins, Brunner (left at 5:25 p.m.), Kalantari-Johnson; Vice Mayor Golder; Mayor Keeley.

Absent: None.

Staff: City Manager M. Huffaker, Assistant City Manager L. Schmidt, City Attorney T. Condotti, Deputy City Manager L. Murphy, Director of Parks and Recreation T. Elliot, Director of Public Works N. Nguyen, Director of Finance E. Cabell, Chief People Officer S. De Leon, Director of Water H. Luckenbach, Director of Economic Development and Housing B.

Lipscomb, Director of Information Technology K. Morgan, Director of Planning and Community Development L. Butler, Chief of Fire R. Oatey (via Zoom), Recreation Superintendent T. Hedden-Jones, Recreation Supervisor A. Bryant, Development Manager N. Daly, Homelessness Response Manager L. Imwalle, Senior Planner R. Bane, Sustainability and Resiliency Officer T. Wise-West, Deputy City Clerk Administrator J.

Wood, City Clerk Administrator B. Bush.

Oral Communications Announcement - The Mayor provided a brief announcement about Oral Communications.

Oral Communications
At 12:49 p.m. Mayor Keeley opened Oral Communications for members of the public who wished to speak regarding items not listed on the City Council agenda.

James Ewing Whitman spoke regarding legislators taking away property of the people, and taking arbitrary power.

7.4 June 25, 2024 CITY COUNCIL MINUTES 6883
Oral Communications (continued)
Unidentified person spoke regarding the joint City Council and Planning Commission Study Session.

Unidentified person spoke, requesting Council not rebrand him.

At 12:55 p.m. Mayor Keeley closed Oral Communications.

Presentation

4. Mayoral Proclamation Declaring July 2024 as Parks and Recreation Month Recreation Superintendent T. Hedden-Jones and Recreation Supervisor A.

Bryant gave a presentation on July being Parks and Recreation Month.

Presiding Officer's Announcements – Mayor Keeley spoke regarding the death of Willie Mays, and announced today as Assistant City Manager Laura Schmidt’s last Council meeting.

Statements of Disqualification – Councilmember Brunner announced she is recusing herself from items 17.2, 17.4, and 40 as they relate to her employment.

Additions and Deletions – None.

City Attorney Report on Closed Session – See pages 6880—6881 for the report.

Council Meeting Calendar

5. The City Council reviewed and did not revise the meeting calendar attached to the agenda.

Consent Agenda
Councilmember Newsome made a comment on items 17 and 29.

Councilmember Brown made a comment on item 29.

Development Manager N. Daly responded to Council questions regarding item 26.

Councilmember Watkins made a comment on items 15 and 17.

Vice Mayor Golder made a comment on items 10, 11, 12, and 16.

Councilmember Kalantari-Johnson made a comment on items 16, 32, 33, and 34.

7.5 June 25, 2024 CITY COUNCIL MINUTES 6884
Consent Agenda (continued)
Councilmember Brunner made a comment on items 15, 17.1, and 17.3.

Mayor Keeley opened the public comment period. The following people spoke:

Unidentified person spoke regarding items 26 and 28.

Garrett spoke regarding item 13.

Serg Kagno spoke regarding item 10.

Mayor Keeley closed the public comment period.

MOTION: Councilmember Newsome moved, seconded by Councilmember Brunner, to approve the Consent Agenda.

Homelessness Response Manager L. Imwalle responded to Council questions on item

10. ACTION: The motion carried with the following vote.

AYES: Councilmembers Newsome, Brown, Watkins, Brunner (with the exception of items 17.2 and 17.4), Kalantari-Johnson; Vice Mayor Golder; Mayor Keeley.

NOES: None.

ABSENT: None.

DISQUALIFIED: Councilmember Brunner (items 17.2 and 17.4 only).

6. Resolution Extending the Emergency Declarations in Connection with the 2022/2023 Winter Storms and 2023/2024 Winter Storms (CA/CM) Resolution No. NS-30,349 was adopted extending by sixty days the Local Emergency Declarations in connection with the 2022/2023 and 2023/2024 winter storms.

7. Minutes of the June 11, 2025 City Council Meeting (CC) Motion carried to approve as submitted.

7.6 June 25, 2024 CITY COUNCIL MINUTES 6885
Consent Agenda (continued)

8. Minutes of the June 18, 2025 Joint City Council and Planning Commission Study Session (CC)
Motion carried to approve as submitted.

9. Arts Commission Appointment (CC)
Motion carried to approve Mayor Keeley’s nomination of Chanel Enriquez to the Arts Commission.

10. City Overlook Emergency Shelter Operations and Management Award Contract (CM)
Motion carried to award a contract to People First of Santa Cruz County for the City Overlook emergency shelter operations and management in the amount of $4,292,879 and reject all other proposals, and to authorize the City Manager to execute an agreement in a form approved by the City Attorney. The Homelessness Response Manager is authorized to execute change orders within the approved budget.

11. Emergency Shelter Transportation Program Operations and Management Award Contract (CM)
Motion carried to award a contract to Community Bridges/Lift Line, Santa Cruz, CA for transportation operations for the emergency shelter program in the amount of $417,271 and to authorize the City Manager to execute an agreement in a form approved by the City Attorney. The Homelessness Response Manager is authorized to execute change orders within the approved budget.

12. Long-Term Safe Parking Operations and Management Award Contract (CM) Motion carried to award a contract to People First of Santa Cruz County for the long-term safe parking program operations and management in the amount of $489,732 and to authorize the City Manager to execute an agreement in a form approved by the City Attorney. The Homelessness Response Manager is authorized to execute change orders within the approved budget.

7.7 June 25, 2024 CITY COUNCIL MINUTES 6886
Consent Agenda (continued)

13. Governor's Office of Planning and Research Adaptation Planning Grant Program - Authorization to Submit a Grant Application to Complete a Microgrid Feasibility and Community Resilience Plan (CM)
Resolution No. NS-30,350 was adopted authorizing the City Manager to apply for, accept, and appropriate funds from the Governor’s Office of Planning and Research Local Government’s Adaptation Planning Grant Program.

14. Designation of Voting Delegate and Alternate to Attend the League of California Cities (LOCC) Annual Conference Being Held in Long Beach October 16 – 18, 2024 (CN)
Motion carried to designate Vice Mayor Golder as the voting delegate, and Councilmember Brunner as the alternate in the event that Vice Mayor Golder is unavailable, to attend the League of California Cities Annual Conference in Long Beach.

15. Letter of Support of California Senate Bill 1053 and Assembly Bill 2236 (CN) Motion carried to direct the Mayor to provide a letter of support of California Senate Bill 1053 and Assembly Bill 2236, both related to plastic pollution.

16. City Council Ad Hoc Climate and Resilience Committee (CN) Motion carried to:
 Accept an update regarding the recent work of the City Council Ad Hoc Climate and Resilience Committee (Ad Hoc); and
 Approve Ad Hoc recommendations for West Cliff Implementation Committee membership and next steps, and the approach for a pilot of a broader climate and resiliency advisory committee.

7.8 June 25, 2024 CITY COUNCIL MINUTES 6887
Consent Agenda (continued)

17. Economic Development Strategy Update: Downtown and Eastside/Midtown District Activation Recommendations (EDH)
Motion carried to accept the Economic Development Strategy Update regarding business district activations and direct staff to move forward on the following recommended actions:
1) Continue placemaking and activation of Lot 32, the “Midtown Parking Lot”; 2) Complete evaluation of storefront activation strategies and return to Council for consideration and approval of modifications to existing programs and approval of new initiatives that will assist in the activation and maintenance of empty storefronts;
3) Continue work related to the establishment of a Midtown Business District and pre-feasibility analysis of a Westside Business District; and 4) Complete outreach for the alleyway activation program and return to Council as needed with recommendations for approval.

18. River Street Shelter Site License Agreement, 115-C Coral Street (EDH) Motion carried to approve and authorize the City Manager to execute the License Agreement with Housing Matters in a form approved by the City Attorney for the River Street Shelter site at 115-C Coral Street.

19. Proposition 4 Appropriations Limit Adjustment Factors (FN) Resolution No. NS-30,351 was adopted approving the selection of the annual adjustment factors to be utilized in the calculation of the City’s Proposition 4 Appropriations Limit (GANN Limit) based on the adopted budget for FY 2025, with amendments thereto, if any.

7.9 June 25, 2024 CITY COUNCIL MINUTES 6888
Consent Agenda (continued)

20. Award Contracts for Tree Services (FN)
Motion carried to award two contracts for the citywide on-call tree services to Lewis Tree Service Incorporated (Lewis Tree), Kent, Ohio and Community Tree Services, LLC (Community Tree), Royal Oaks, California, for three years, and to authorize the City Manager to execute a contract in a form approved by the City Attorney with both Lewis Tree and Community Tree. The Purchasing Manager is authorized to execute change orders within the approved budget.

21. Pass-Through Agreement with Community Bridges/CTSA of Santa Cruz County - TDA Claimant (FN)
Motion carried 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.

22. Pass-Through Agreement with Volunteer Center of Santa Cruz County - TDA Claimant (FN)
Motion carried 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.

23. General Obligation Refunding Bonds - Tax Rate Authorization (FN) Resolution No. NS-30,352 was adopted setting the tax rate for FY 2025 with respect to the City’s General Obligation Refunding Bonds.

24. Liability Claims Filed Against the City of Santa Cruz (FN) Motion carried 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.

7.10 June 25, 2024 CITY COUNCIL MINUTES 6889
Consent Agenda (continued)

25. 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)
Resolution No. NS-30,353 was adopted 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.

26. 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)
Motion carried to:
 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;  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
 Motion to find that the project is exempt under the California Environmental Quality Act (CEQA) (Categorical Exemption Sections 15301, 15302, 15303, and 15304).

7.11 June 25, 2024 CITY COUNCIL MINUTES 6890
Consent Agenda (continued)

27. 2024 Citywide Sewer/Storm Drain Lining Project - Authorization to Advertise and Award (PW)
Motion carried to approve the plans and specifications for the 2024 Citywide Sewer/Storm Drain Lining Project (c401511), authorize an exemption from local hire requirements, and authorize staff to advertise for bids, and award the contract. The City Manager is hereby authorized and directed to execute the contract in a form approved by the City Attorney. The Director of Public Works is authorized to execute change orders within the approved project budget.

28. 2024 Laurel Street Surface Seal and Striping Project – Authorization to Advertise and Award (PW)
Motion carried to:
 Approve the plans and specifications for the 2024 Laurel Street Surface Seal and Striping Project and authorize staff to advertise for bids and award the contract. The City Manager is hereby authorized and directed to execute an agreement in a form approved by the City Attorney. The Director of Public Works is authorized to execute change orders within the approved project budget;
 Adopt Resolution No. NS-30,354 to approve the plans and specifications for the project pursuant to Government Code Section 830.6; and  Approve the Laurel Street Surface Seal and Striping Project and find the project exempt under the California Environmental Quality Act.

7.12 June 25, 2024 CITY COUNCIL MINUTES 6891
Consent Agenda (continued)

29. 2024 Pavement Rehabilitation Project – Authorization to Advertise and Award (PW)
Motion carried to:
 Approve the plans and specifications for the 2024 Pavement Rehabilitation Project (c400809), authorize staff to advertise for bids and award the contract. The City Manager is hereby authorized and directed to execute an agreement in a form approved by the City Attorney. The Director of Public Works is authorized to execute change orders within the approved project budget;
 Adopt Resolution No. NS-30,355 to approve the plans and specifications for the project pursuant to Government Code Section 830.6; and  Approve the 2024 Pavement Rehabilitation Project and find the project exempt under the California Environmental Quality Act.

30. Memorandum of Understanding with County of Santa Cruz for Edible Food Recovery Support Services (PW)
Motion carried authorizing the City Manager to execute a Memorandum of Understanding (MOU) in a form approved by the City Attorney with County of Santa Cruz for Edible Food Recovery Support Services.

31. Santa Cruz Resource Recovery Facility Appliance Recycler Services Contract - Authorization to Advertise and Award (PW)
Motion carried to approve the specifications for the Santa Cruz Resource Recovery Facility Appliance Recycler Services and authorizing staff to advertise for bids and award the contract. The City Manager is hereby authorized and directed to execute the contract in a form approved by the City Attorney. The Public Works Director is authorized to execute change orders within the approved project budget.

7.13 June 25, 2024 CITY COUNCIL MINUTES 6892
Consent Agenda (continued)

32. West Cliff Dr. 60-inch Reinforced Concrete Pipe Headwall Repair (c402409) - Authorization to Advertise and Award and Budget Adjustment (PW) Motion carried to:
 Approve the plans and specifications for West Cliff 60-inch West Cliff Dr. 60-inch reinforced concrete pipe (RCP) headwall repair and authorize staff to advertise for bids and award the contract. The City Manager is hereby authorized and directed to execute the contract in a form approved by the City Attorney. The Public Works Director is authorized to execute change orders within the approved project budget;
 Approve the West Cliff Dr. 60-inch RCP Headwall Repair Project and find the project exempt under CEQA; and
 Adopt Resolution No. NS-30,356 to amend the FY 2024 budget and appropriate funds in the amount of $700,000 for the West Cliff 60-inch RCP Headwall Repair Project.

33. West Cliff Multi-Use Path Rehabilitation Project (m400819) – Authorization to Advertise and Award (PW)
Motion carried to:
 Approve the project plans and specifications for the West Cliff Multi-Use Path Rehabilitation Project (m400819), authorize staff to advertise for bids, and award the contract. The City Manager is hereby authorized and directed to execute an agreement in a form approved by the City Attorney. The Director of Public Works is authorized to execute change orders within the approved project budget;
 Adopt Resolution No. NS-30,357 to approve the plans and specifications for the project pursuant to Government Code Section 830.6; and  Approve the West Cliff Multi-Use Path Rehabilitation Project and find the project exempt under the California Environmental Quality Act.

7.14 June 25, 2024 CITY COUNCIL MINUTES 6893
Consent Agenda (continued)

34. Contract Amendment with Fehr & Peers Transportation Consultants for West Cliff Transportation Consulting (PW)
Motion carried to approve Amendment 1 with Fehr & Peers Transportation Consultants (Walnut Creek, CA) in the amount of $8,150. The City Manager is hereby authorized and directed to execute an agreement in a form approved by the City Attorney. The Director of Public Works is authorized to execute contract amendments within the approved project budget.

35. 2024 Branciforte Creek Streambank Restoration Project – Approval of Plans and Specifications, California Environmental Quality Act Exemption, and Authorization to Advertise for Bids and Award of Contract (WT) Motion carried to:
 Approve the plans and specifications for the 2024 Branciforte Streambank Restoration Project (c702304) and authorize staff to advertise for bids. The City Manager, or designee, is hereby authorized and directed to execute the contract as authorized by Resolution No. NS-27,563;  Find the 2024 Branciforte Streambank Restoration Project (c702304) exempt under the California Environmental Quality Act (CEQA), and allow staff to file a Notice of Exemption; and
 Authorize the Water Director to execute change orders for the 2024 Branciforte Streambank Restoration Project within the approved project budget.

36. Aquifer Storage and Recovery Beltz 9 Pilot Test Site Preparation and Monitoring Well – Notice of Completion (WT)
Motion carried to accept the work of Eaton Drilling, Inc. as complete per the plans and specifications, authorizing the filing of a Notice of Completion for the Aquifer Storage and Recovery Beltz 9 Pilot Test Site Preparation and Monitoring Well Project and authorizing the Water Director to sign the Notice of Completion as the Owner’s Authorized Agent.

7.15 June 25, 2024 CITY COUNCIL MINUTES 6894
Consent Agenda (continued)

37. Purchase of Easement for the Electrical Power for Carbonera Tank Operations:

Assessor’s Parcel Number 068-201-01, Owned by Richard J. Giovannoni and Judy K. Giovannoni (WT)
Resolution No. NS-30,358 was adopted authorizing and directing the City Manager to execute a Purchase Sale Agreement in the amount of $10,000 and Grant of Easement Deed in a form approved by the City Attorney, on a property (designated as APN 068-201-01) located in Santa Cruz, CA on Mill Road near the intersection of Glen Canyon Road and Branciforte Drive and owned by Richard J. Giovannoni and Judy K. Giovannoni for the purpose of providing electrical power to the Carbonera Tank, and to find the project exempt under California Environmental Quality Act and allow staff to file a Notice of Exemption.

38. Contract Amendment 2025-01 with HDR, Inc. for Capital Program Management Services (WT)
Motion carried authorizing the City Manager to execute Contract Amendment No. 2025-01 with HDR, Inc. for Service Order No. 10 in the amount of $9,303,596 in a form to be approved by the City Attorney.

End Consent Agenda

7.16 June 25, 2024 CITY COUNCIL MINUTES 6895
Consent Public Hearing
Mayor Keeley opened the public comment period. The following people spoke:

Unidentified person
Garrett
Carol Wilheimy
Katherine Gunderson
Chris Ryan
Nicholas Whitehead
Bodie Shargel
Mayor Keeley closed the public comment period.

MOTION: Councilmember Kalantari-Johnson moved, seconded by Councilmember Brown, to approve the Consent Public Hearing Agenda.

ACTION: The motion carried unanimously with the following vote.

AYES: Councilmembers Newsome, Brown, Watkins, Brunner, KalantariJohnson; Vice Mayor Golder; Mayor Keeley.

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

39. 2nd Reading and Final Adoption of Ordinance No. 2024-10 to Add Chapter 6.110 – 6.110.070 to Title 6, Health and Sanitation, of the Santa Cruz Municipal Code to Prohibit the Use of Gas-Powered Leaf Blowers Citywide (CM) Ordinance No. 2024-10 was adopted entitled “Prohibition of Gas-Powered Leaf Blowers” to add Chapter 6.110 – 6.110.070 to Title 6, Health and Sanitation, of the Santa Cruz Municipal Code (SCMC) to prohibit the use of gas-powered leaf blowers citywide. The California Environmental Quality Act (CEQA) determination: This ordinance is consistent with the Negative Declaration approved for the City of Santa Cruz Climate Action Plan 2030 adopted by City Council on September 13, 2022. The ordinance is also exempt from CEQA under the “common sense” exemption, 15061(b)(3) and per CEQA Guidelines Section 15308, Class 8, Actions by Regulatory Agencies for Protection of the Environment.

7.17 June 25, 2024 CITY COUNCIL MINUTES 6896
At this time, Councilmember Brunner recused herself and left the dais.

Public Hearing

40. 302, 310, 314, 322, 324, 326, 328 Front Street: CP24-0097 (APN 005-151-29, - 34, -35, -43, -48, -51) Major Modification to Previously Approved Application File Number CP21-0051 to Amend the Conditions of Approval to Add Voluntary Public Benefits to the Previously-Approved Six-Story, 232-Room Hotel Project with Restaurant, Bar, Banquet, and Other Related Facilities located in the CBD (Central Business District) Zone District. (Environmental Determination:

Categorical Exemption, Section 15332 & Statutory Exemption 15061(b)(3)) Applicant: SCFS Venture LLC (PL)
Director of Planning and Community Development L. Butler introduced the item and responded to Council questions.

Senior Planner R. Bane gave a presentation and responded to Council questions.

Mayor Keeley opened the public comment period. The following people spoke.

Hector Azpilcueta
Garrett
Celica Valdez
Jordan Sisson
Luis
Martha
Ron Pomerantz
Lee Brokaw
Doug Block
Mayor Keeley closed the public comment period.

MOTION: Vice Mayor Golder moved, seconded by Councilmember Watkins, to adopt Resolution No. NS-30,359 approving application CP24-0097 based on the attached Findings and Conditions of Approval.

ACTION: The motion carried with the following vote.

AYES: Councilmembers Newsome, Watkins, Kalantari-Johnson; Vice Mayor Golder; Mayor Keeley.

NOES: Councilmember Brown.

ABSENT: None.

DISQUALIFIED: Councilmember Brunner.

7.18 June 25, 2024 CITY COUNCIL MINUTES 6897
Council took a break at 3:05 p.m. and returned at 3:11 p.m.

At this time, Councilmember Brunner returned to the dais.

General Business (continued)

41. City Council Sugar-Sweetened Beverage Ad Hoc Committee Recommendations Related to the Placement of a General Purpose Tax Measure of Two-Cents Per Ounce on Distributors of Sugar-Sweetened Beverages on the November 5, 2024 Ballot (CN)
Councilmembers Watkins, Kalantari-Johnson, and Brunner and Assistant City Attorney C. Bronson gave a presentation and responded to Council questions.

Mayor Keeley opened the public comment period. The following people spoke.

Catherine Forest
Lolis Ramirez
Laura Marcus
Blythe Young
Kevin Norton
Tim James
Melanie Wong
Dalia Alvarado
Mayor Keeley closed the public comment period.

MOTION: Councilmember Watkins moved, seconded by Councilmember Brunner, to:
 Accept recommendations from the recent work of the City Council SugarSweetened Beverage Ad Hoc Committee;  Adopt Resolution No. NS-30,360 requesting that the November 5, 2024 General Election ballot include a general tax of two-cents per fluid ounce on distributors of sugar-sweetened beverages that includes a Community Oversight Panel to transmit an annual report and make recommendations to the City Council; and
 Support the measure for the purpose of authorizing arguments; directing the Mayor to designate up to three Councilmembers to identify authors and signers for the arguments in favor of this measure, working with members of the community if they so choose; directing the City Attorney to prepare the impartial analysis; and providing direction to the City Manager regarding the preparation of the fiscal analysis, as appropriate.

7.19 June 25, 2024 CITY COUNCIL MINUTES 6898
General Business (continued)

41. City Council Sugar-Sweetened Beverage Ad Hoc Committee Recommendations Related to the Placement of a General Purpose Tax Measure of Two-Cents Per Ounce on Distributors of Sugar-Sweetened Beverages on the November 5, 2024 Ballot (CN) (continued)
ACTION: The motion carried unanimously with the following vote.

AYES: Councilmembers Newsome, Brown, Watkins, Brunner,
Kalantari-Johnson; Vice Mayor Golder; Mayor Keeley.

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

42. City of Santa Cruz Homelessness Response Strategic Plan July 2024 – June 2027 (CM)
Deputy City Manager L. Murphy and Homelessness Response Manager L. Imwalle gave a presentation and responded to Council questions.

Mayor Keeley opened the public comment period. There were no speakers.

Mayor Keeley closed the public comment period.

MOTION: Councilmember Brunner moved, seconded by Councilmember Kalantari-Johnson, to approve the City of Santa Cruz's Homelessness Response Strategic Plan, covering July 2024—June 2027.

FRIENDLY AMENDMENT: Mayor Keeley requested to include a provision on the new contract with the Overlook emergency shelter that would allow any Councilmember or the Mayor to visit the site at any time, so long as they check in with the appropriate authority when they arrive. Councilmembers Brunner and Kalantari-Johnson accepted.

ACTION: The amended motion carried unanimously with the following vote.

AYES: Councilmembers Newsome, Brown, Watkins, Brunner,
Kalantari-Johnson; Vice Mayor Golder; Mayor Keeley.

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

7.20 June 25, 2024 CITY COUNCIL MINUTES 6899
General Business (continued)

43. Monterey Bay Area Regional Climate Project Working Group (CM) Sustainability and Resiliency Officer T. Wise-West gave a presentation.

Mayor Keeley opened the public comment period. The following people spoke.

Ayo Banjo
Sabrina Lopez
Amber Holguin
Mayor Keeley closed the public comment period.

MOTION: Councilmember Brown moved, seconded by Councilmember Newsome, to:
 Accept the presentation on the activities of the Monterey Bay Area Regional Climate Project Working Group (RCPWG); and
 Adopt Resolution No. NS-30,361 affirming the City Council’s intention to commit to funding the City of Santa Cruz’s contribution for the RCPWG for three (3) additional years (through FY 2027), if feasible given the status of the General Fund.

ACTION: The motion carried unanimously with the following vote.

AYES: Councilmembers Newsome, Brown, Watkins, Brunner,
Kalantari-Johnson; Vice Mayor Golder; Mayor Keeley.

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

Adjournment – Vice Mayor Golder moved, seconded by Councilmember Watkins, to adjourn. By consensus City Council adjourned at 5:29 p.m.

7.21 June 25, 2024 CITY COUNCIL MINUTES 6900
Respectfully Submitted:

Julia Wood, Deputy City Clerk Administrator
Attest:

Bonnie Bush, City Clerk Administrator
Approved:

Fred Keeley, Mayor

7.22 MINUTES ARE UNOFFICIAL UNTIL APPROVED BY COUNCIL
City of Santa Cruz
809 Center Street
Santa Cruz, California 95060

MINUTES OF A CITY COUNCIL STUDY SESSION
August 6, 2024
4:00 PM
Call to Order – Mayor Keeley called the meeting to order at 4:06 p.m. in Council Chambers.

Roll Call

Present: Councilmembers Newsome, Watkins, Brunner, Kalantari-Johnson; Vice Mayor Golder; Mayor Keeley.

Absent: Councilmember Brown.

Staff: City Manager M. Huffaker, City Attorney T. Condotti, Director of Planning and Community Development L. Butler, Director of Information Technology K. Morgan, Director of Finance E. Cabell (via Zoom), Director of Water H. Luckenbach (via Zoom), Deputy City Manager L. Murphy (via Zoom), Sustainability and Resiliency Officer T. Wise-West, Chief Building Official J. Gervasoni, Green Building Specialist J. Day, Deputy City Clerk Administrator J. Wood, City Clerk Administrator B. Bush.

General Business

1. City Council Study Session on Energy Efficient Renovations Policy Development (CM/PL)
Sustainability and Resiliency Officer T. Wise-West gave a presentation and responded to Council questions.

Chief Building Official J. Gervasoni responded to Council questions.

Mayor Keeley opened the public comment period. The following people spoke.

Unidentified person
Unidentified person
Alan Peavers
Sophia Schwirzke

8.1 August 6, 2024 CITY COUNCIL STUDY SESSION MINUTES 6902 General Business (continued)

1. City Council Study Session on Energy Efficient Renovations Policy Development (CM/PL) (continued)
Green Building Specialist J. Day responded to Council questions.

Public comment (continued)
Sahm White
Mayor Keeley closed the public comment period.

Adjournment – Vice Mayor Golder moved, seconded by Councilmember Newsome, to adjourn. By consensus City Council adjourned at 5:46 p.m.

Respectfully Submitted:

Julia Wood, Deputy City Clerk Administrator
Attest:

Bonnie Bush, City Clerk Administrator
Approved:

Fred Keeley, Mayor

8.2 City Council

AGENDA REPORT
DATE: 06/28/2024
AGENDA OF: 08/13/2024
DEPARTMENT: City Clerk
SUBJECT: Resolution Amending the 2024 Council Meeting Calendar (CC) RECOMMENDATION: Resolution amending the 2024 Council meeting calendar to cancel the November 12th and 26th regular meetings and add November 19th as a regular meeting, and rescinding Resolution No. NS-30,235.

BACKGROUND: On November 14, 2023, Council adopted Resolution No. NS-30,235 setting the regular meeting schedule for 2024. Regular meetings of the City Council are typically the second and fourth Tuesdays of every month, except July and December.

DISCUSSION: Due to the November 26th regular meeting falling within the week of Thanksgiving, it is recommended that Council adopt a resolution to amend the previously adopted 2024 Council meeting calendar by canceling the November 12th and 26th meetings, and adding November 19th as a regular meeting.

FISCAL IMPACT: None.

Prepared By:

Bonnie Bush
City Clerk
Submitted By:

Laura Schmidt
Assistant City Manager
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION.DOC

2. CITY COUNCIL MEETING CALENDAR 2024 - AMENDED.PDF

9.1 RESOLUTION NO. NSRESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ AMENDING THE 2024 COUNCIL MEETING CALENDAR TO CANCEL THE NOVEMBER 12TH AND 26TH REGULAR MEETINGS AND ADD NOVEMBER 19TH AS A REGULAR MEETING, AND RESCINDING RESOLUTION NO. NS-30,235
WHEREAS, the City Council usually meets regularly on the second and fourth Tuesdays of each month; and
WHEREAS, the regular meeting of November 26, 2024 falls within the week of Thanksgiving;
WHEREAS, the remainder of the calendar of regular meetings will stay as previously approved, including the second meeting in December being cancelled; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Cruz that the two previously approved meetings in November, November 12th and 26th, will be cancelled and November 19th will be added as a regular meeting.

PASSED AND ADOPTED this 13th day of August, 2024, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

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

9.2 Meeting Type
Holiday
Jewish Holiday
Regular Meeting
Special Meeting (will be added as scheduled)
Study Session (will be added as scheduled)
Budget Hearing
DATE Location Meeting Type
December 25
January 1
Courtyard Conf. Room Closed Session - Closed to the Public Council Chambers Council Regular Meeting - Open to the Public January 15
Courtyard Conf. Room Closed Session - Closed to the Public Council Chambers Council Regular Meeting - Open to the Public Courtyard Conf. Room Closed Session - Closed to the Public Council Chambers Council Regular Meeting - Open to the Public February 19
Courtyard Conf. Room Closed Session - Closed to the Public Council Chambers Council Regular Meeting - Open to the Public Courtyard Conf. Room Closed Session - Closed to the Public Council Chambers Council Regular Meeting - Open to the Public Courtyard Conf. Room Closed Session - Closed to the Public Council Chambers Council Regular Meeting - Open to the Public Courtyard Conf. Room Closed Session - Closed to the Public Council Chambers Council Regular Meeting - Open to the Public April 22/23
Courtyard Conf. Room Closed Session - Closed to the Public Council Chambers Council Regular Meeting - Open to the Public Courtyard Conf. Room Closed Session - Closed to the Public Council Chambers Council Regular Meeting - Open to the Public May 27
Courtyard Conf. Room Closed Session - Closed to the Public Council Chambers Council Regular Meeting - Open to the Public May 29 Council Chambers Budget Hearing
Courtyard Conf. Room Closed Session - Closed to the Public Council Chambers Council Regular Meeting - Open to the Public June 19
Courtyard Conf. Room Closed Session - Closed to the Public Council Chambers Council Regular Meeting - Open to the Public July 4
Courtyard Conf. Room Closed Session - Closed to the Public Council Chambers Council Regular Meeting - Open to the Public Courtyard Conf. Room Closed Session - Closed to the Public Council Chambers Council Regular Meeting - Open to the Public September 2
Courtyard Conf. Room Closed Session - Closed to the Public Council Chambers Council Regular Meeting - Open to the Public Courtyard Conf. Room Closed Session - Closed to the Public Council Chambers Council Regular Meeting - Open to the Public October 2/3 Rosh Hashanah (City observed - sundown to sundown) City Hall Closure - Labor Day
August 27
July 9 and 23 Meetings Cancelled - CITY COUNCIL DARK
City Hall Closure - Independence Day
City Hall Closure - Memorial Day
January 23
City Hall Closure - Christmas Day
Passover (City observed - sundown to sundown)
August 13
March 12
March 26
May 14
April 9
April 30
June 11
May 28
City Council Meeting Calendar for 2024
June 25
September 10
September 24
February 13
City Hall Closure - Presidents' Day
February 27
City Hall Closure - Juneteenth
Please note: Meeting times are not final and are likely to change City Hall Closure - New Year’s Day
January 9
City Hall Closure - Martin Luther King Jr. Day

9.3 Meeting Type
Holiday
Jewish Holiday
Regular Meeting
Special Meeting (will be added as scheduled)
Study Session (will be added as scheduled)
Budget Hearing
DATE Location Meeting Type

City Council Meeting Calendar for 2024
Please note: Meeting times are not final and are likely to change Courtyard Conf. Room Closed Session - Closed to the Public Council Chambers Council Regular Meeting - Open to the Public October 11/12
Courtyard Conf. Room Closed Session - Closed to the Public Council Chambers Council Regular Meeting - Open to the Public November 11
Courtyard Conf. Room Closed Session - Closed to the Public Council Chambers Council Regular Meeting - Open to the Public November 28
November 29
Courtyard Conf. Room Closed Session - Closed to the Public Council Chambers Council Regular Meeting - Open to the Public December 25/26
December 25
December 24 Meeting Cancelled - CITY COUNCIL DARK
City Hall Closure - Christmas Day
November 19
October 8
October 22
City Hall Closure - Veteran's Day (observed)
Hanukkah (City observed - sundown to sundown)
Yom Kippur (City observed - sundown to sundown)
December 10
City Hall Closure - Thanksgiving Day
City Hall Closure - Day After Thanksgiving Day

9.4 City Council

AGENDA REPORT
DATE: 07/22/2024
AGENDA OF: 08/13/2024
DEPARTMENT: City Clerk
SUBJECT: Review and Amendment of the City’s Conflict of Interest Code (CC) RECOMMENDATION: Motion to adopt a resolution amending the current Conflict of Interest Code.

BACKGROUND: State law requires that agencies with Conflict of Interest Codes review their Code every two years, or as needed. The City Council adopted the current Conflict of Interest Code on April 13, 2021.

DISCUSSION: After reviewing the Conflict of Interest Code and receiving input from Department Heads, there is a need to update the Code to amend the list of designated positions for multiple departments.

FISCAL IMPACT: None.

Prepared By:

Bonnie Bush
City Clerk
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION.DOCX

2. APPENDIX A - CONFLICT OF INTEREST CODE 2024 UPDATE - CLEAN.DOCX

3. APPENDIX A - CONFLICT OF INTEREST CODE 2024 UPDATE - TRACK CHANGES.DOCX

10.1 RESOLUTION NO. NSRESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ AMENDING

THE CURRENT CONFLICT OF INTEREST CODE
WHEREAS, the City of Santa Cruz initially adopted a Conflict of Interest Code on February 14, 1989, by Resolution No. NS-18,483; and
WHEREAS, the City Council has conducted periodic reviews as required by law and made appropriate changes to its Code; and
WHEREAS, the Conflict of Interest Code has been updated to reflect the changes by designated employee categories as required;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Cruz that the 2024 Conflict of Interest Code is hereby adopted as presented to Council this date.

PASSED AND ADOPTED this13th day of August, 2024, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: ________________________
Fred Keeley, Mayor
ATTEST: _____________________________
Bonnie Bush, City Clerk Administrator

10.2 APPENDIX A

DESIGNATED POSITIONS DISCLOSURE CATEGORY

ADMINISTRATION
City Council Govt.Code §87200 et seq.

City Manager Govt.Code §87200 et seq.

Assistant City Manager 1
Assistant to the City Manager 1
Communications Manager 1
Community Relations Specialist 3
Deputy City Manager 1
Homelessness Response Manager 1
Management Analyst 1
Principal Management Analyst 1
Sustainability and Resiliency Officer 1

CITY CLERK
City Clerk Administrator 1
Deputy City Clerk Administrator 3

CITY ATTORNEY
City Attorney Govt.Code §87200 et seq.

Deputy City Attorneys 1

ECONOMIC DEVELOPMENT
Director of Economic Development 1
Business Service Liaison 5
Successor Agency Executive Director 1
Development Manager 5
Economic Development Manager 5
Economic Development Coordinator 5
Housing Program Manager 5
Housing Program Specialist 5
Management Analyst 5
Principal Management Analyst 5

FINANCE
Director of Finance Govt.Code §87200 et seq.

Assistant Director of Finance 1
Accountant I/II 3
Accounting Services Supervisor 3

10.3 Conflict of Interest – Appendix A
A - 2
Buyer I/II 3
Finance Manager 4
Principal Management Analyst 3
Purchasing Manager 4
Revenue Collections Specialist 3
Risk and Safety Manager 4
Senior Accountant 4

FIRE DEPARTMENT
Chief of Fire 1
Deputy Chief of Fire 1
Deputy Fire Marshal 1
Division Chiefs 1
Fire Battalion Chief 1
Fire Marshal 1
Fire Inspector I/II 1
Principal Management Analyst 3

HUMAN RESOURCES
Human Resources Director 1
Human Resources Analyst I/II 3
Principal Human Resources Analyst 3

INFORMATION TECHNOLOGY
Information Technology Director 1
Assistant Director of Information Technology 1
Information Technology Project Manager/Training Coordinator 3 Information Technology Manager 3
Network and Systems Administrator 3
SCADA Network and Systems Administrator 3

PARKS AND RECREATION DEPARTMENT
Director of Parks & Recreation 1
Golf Course Superintendent 3
Park Planner 5
Principal Management Analyst 3
Recreation Superintendent 1
Senior Planner 1
Superintendent of Parks 1
Urban Forester 5

10.4 Conflict of Interest – Appendix A
A - 3

PLANNING & COMMUNITY DEVELOPMENT
Director of Planning & Community Development 1
Assistant Director of Planning and Community Development 1 Associate Planner I/II 5
Building Inspector 5
Chief Building Official 1
Code Compliance Manager 5
Code Compliance Specialist 5
Code Compliance Supervisor 5
Deputy Building Official 1
Green Building Environmental Specialist 5
Management Analyst 4
Principal Planner 5
Principal Management Analyst 4
Senior Planner 5
Senior Building Inspector 5
Supervising Building Inspector 5
Senior Plans Examiner 5
Supervising Plans Examiner 5
POLICE
Chief of Police 1
Deputy Chiefs 1
Lieutenants 3
Principal Management Analyst 3

PUBLIC WORKS
Director of Public Works 1
Assistant Director of Public Works/City Engineer 1
Associate Professional Engineer 3
Associate Planner I/II 3
Engineering Associate 3
Environmental Compliance Inspector 3
Senior Environmental Compliance Inspector 3
Environmental Programs Analyst I/II 3
Facilities Maintenance Supervisor 3
Garage Services Supervisor 3
Management Analyst 3
Parking Program Manager 3
Public Works Operations Manager 4
Principal Management Analyst 3
Senior Professional Engineer 3
Superintendent of Solid Waste 3
Superintendent of Parking Services 3

10.5 Conflict of Interest – Appendix A
A - 4
Superintendent of Resource Recovery – Collections and Sweeping3 Transportation Manager 3
Transportation Planner I/II 3
Wastewater Collections Manager 3
Wastewater Laboratory/Environmental Compliance Manager 3 Wastewater Treatment Facilities Operations Manager 3
Wastewater System Manager 3
WATER
Director of Water Department 1
Deputy Water Director/Engineering Manager 1
Deputy Water Director/Operations Manager 1
Associate Planner I/II 3
Associate Professional Engineer 3
Chief Park Ranger 3
Chief Financial Officer 1
Customer Service Manager 3
Management Analyst 3
Principal Management Analyst 3
Principal Planner 1
Senior Environmental Projects Analyst 3
Senior Professional Engineer 1
Superintendent of Water Plant and Production 3
Utilities Services Manager 3
Water Distribution Superintendent 3
Water Quality Manager 3
Watershed Compliance Manager 3

COMMISSIONERS, COMMITTEE AND BOARD MEMBERS
Arts Commission 1
Board of Building Appeals 1
Commission for the Prevention of Violence against Women 2 Downtown Commission 1
Historic Preservation Commission 1
Parks and Recreation Commission 1
Planning Commission Govt.Code §87200 et seq.

Transportation & Public Works Commission 1
Water Commission 1
SPECIFIED CONSULTANTS 1
Those consultants likely to participate in the making of a governmental decision as determined by the City Manager in writing.

10.6 APPENDIX A

DESIGNATED POSITIONS DISCLOSURE CATEGORY

ADMINISTRATION
City Council Govt.Code §87200 et seq.

City Manager Govt.Code §87200 et seq.

Assistant City Manager 1
Assistant to the City Manager 1
Communications Manager 1
Community Relations Manager 1
Community Relations Specialist 3
Deputy City Manager 1
Homelessness Response Manager 1
Management Analyst 1
Principal Management Analyst 1
Sustainability and Climate Action ManagerResiliency Officer 1

CITY CLERK
City Clerk Administrator 1
Deputy City Clerk Administrator 3

CITY ATTORNEY
City Attorney Govt.Code §87200 et seq.

Deputy City Attorneys 1

ECONOMIC DEVELOPMENT
Director of Economic Development 1
Business Service Liaison 5
Successor Agency Executive Director 1
Development Manager 5
Economic Development Manager 15
Economic Development Coordinator 5
Housing Program Manager 5
Housing Program Specialist 5
Management Analyst 5
Principal Management Analyst 5

FINANCE
Director of Finance Govt.Code §87200 et seq.

Assistant Director of Finance 1
Accountant I/II 3
Accounting Services Supervisor 3
Buyer I/II 3
Buyer II 3
Finance Manager 4

10.7 Conflict of Interest – Appendix A
A - 2
Principal Management Analyst 3
Accountant I 3
Purchasing Manager 4
Revenue Collections Specialist 3
Risk and Safety Manager 4
Senior Accountant 4

FIRE DEPARTMENT
Chief of Fire 1
Deputy Chief of Fire 1
Deputy Fire Marshal 1
Division Chiefs 1
Fire Battalion Chief 1
Fire Marshal 1
Fire Inspector I/II 1
Principal Management Analyst 3

HUMAN RESOURCES
Human Resources Director 1
Human Resources Analyst I/II 3
Principal Human Resources Analyst 3

INFORMATION TECHNOLOGY
Information Technology Director 1
Assistant Director of Information Technology 1
Information Technology Project Manager/Training Coordinator 3 Information Technology Manager 3
Network and Systems Administrator 3
SCADA Network and Systems Administrator 3

PARKS AND RECREATION DEPARTMENT
Director of Parks & Recreation 1
Golf Course Superintendent 3
Park Planner 5
Principal Management Analyst 3
Recreation Superintendent 1
Senior Planner 1
Superintendent of Parks 1
Urban Forester 5

10.8 Conflict of Interest – Appendix A
A - 3

PLANNING & COMMUNITY DEVELOPMENT
Director of Planning & Community Development 1
Assistant Director of Planning and Community Development 1 Associate Planner I/II 5
Building Inspector 5
Chief Building Official 1
Code Compliance Manager 5
Code Compliance Specialist 5
Code Compliance Supervisor 5
Deputy Building Official 1
Green Building Environmental Specialist 5
Associate Planner II 5
Management Analyst 4
Principal Planner 5
Management Professional & Technical Assistant 5
Principal Management Analyst 4
Senior Planner 5
Senior Building Inspector 5
Supervising Building Inspector 5
Senior Plans Examiner 5
Supervising Plans Examiner 5
POLICE
Chief of Police 1
Deputy Chiefs 1
Lieutenants 3
Principal Management Analyst 3
Community Relations Specialist 3

PUBLIC WORKS
Director of Public Works 1
Assistant Director of Public Works/City Engineer 1
Associate Civil Engineer (Design) 4
Associate Civil Engineer (Sanitary) 3
Associate Professional Civil Engineer 3
Associate Planner I/II 3
Community Relations Specialist 3
Engineering Associate 3
Environmental Compliance Inspector 53
Senior Environmental Compliance Inspector 3
Environmental Project Analyst 3
Environmental Programs Analyst I/II 3
Facilities Maintenance Supervisor 3
GarageFleet Services Supervisor 3
Management Analyst 3
Parking Program Manager 3

10.9 Conflict of Interest – Appendix A
A - 4
Public Works Operations Manager 4
Principal Management Analyst 3
Senior Environmental Project Analyst 5
Senior Professional Civil Engineer 3
Superintendent of Solid Waste 3
Superintendent of, Parking Services 3
Superintendent of Waste Disposal 3
Superintendent of Facilities Maintenance 3
Superintendent of, Resource Recovery – Collections and Sweeping3 Traffic Transportation Manager 43
Transportation Planner I/II 3
Wastewater Collections ManagerMains Supervisor 3
Wastewater Laboratory/Environmental Compliance/Pretreatment Manager 3 Wastewater Treatment Facilities Operations Manager 3
Wastewater System Manager 13
WATER
Director of Water Department 1
Deputy Water Director/Engineering Manager 1
Deputy Water Director/Operations Manager 1
Associate Planner I/II 3
Associate Civil Professional Engineer 3
Chief Park Ranger 3
Chief Financial Officer 1
Customer Service Manager 3
Management Analyst 3
Principal Management Analyst 3
Finance Manager 1
Community Relations Specialist 3
Principal Planner 31
Senior Environmental Projects Analyst 43
Senior ProfessionalCivil Engineer 31
Superintendent of Water Plant and Production 43
Utilities Services Manager 3
Water Distribution Superintendent 3
Water Quality Manager 3
Watershed Compliance Manager 3

COMMISSIONERS, COMMITTEE AND BOARD MEMBERS
Arts Commission 1
Board of Building Appeals 1
Commission for the Prevention of Violence against Women 2 Downtown Commission 1
Historic Preservation Commission 1
Parks and Recreation Commission 1
Planning Commission Govt.Code §87200 et seq.

10.10 Conflict of Interest – Appendix A
A - 5
Transportation & Public Works Commission 1
Water Commission 1

SPECIFIED CONSULTANTS
Those consultants likely to participate in the making of a governmental decision as determined by the City Manager in writing. 1

10.11 City Council

AGENDA REPORT
DATE: 07/25/2024
AGENDA OF: 08/13/2024
DEPARTMENT: City Manager
SUBJECT: Federal Highways Administration Charging and Fueling Infrastructure Discretionary Grant Community Program. Authorization to Submit a Grant Application for the Monterey Bay Region Equitable EV Charging Project Grant (CM)
RECOMMENDATION: Motion to adopt a resolution authorizing the City Manager to apply for, accept, and appropriate funds from the Federal Highways Administration Charging and Fueling Infrastructure Discretionary Grant Community Program as lead and co-applicant for installation of publicly available level 2 and DC fast charging at City-owned facilities.

BACKGROUND: Santa Cruz is a leader in climate mitigation work in California having adopted climate action plans in 2012 and 2022, maintaining an A/A- rating with the Carbon Disclosure Project and holding leadership roles in regional and state collaborative networks. A key component of the adopted Climate Action Plan 2030 and neighboring jurisdictions’ plans is to reduce emissions coming from the transportation sector on a community-wide scale, which account for 69% of greenhouse gas (GHG) emissions in the City of those regulated by California Air Resources Board. Measure T-4 from the Climate Action Plan 2030 specifies an increase of passenger electric vehicle (EV) adoption to 35% by 2030 and 40% by 2035. Achievement of this measure would result in 42% of the GHG emissions reductions needed to achieve the Climate Action Plan 2030 target of reducing GHG emissions by 40% from 1990 levels by 2030. Action T4.1 specifies the installation of at least 1,247 new public EV charging stations prioritizing frontline neighborhood and high usage areas by 2030.

In order to access transformative scale climate investment to achieve the deep reductions in GHG emissions that are necessary to meet the climate action plan goals, the City is a founding member of the Monterey Bay Regional Climate Project Working Group (RCPWG). RCPWG seeks to collaborate among groups and organizations in the Monterey Bay Area region, including Santa Cruz, San Benito, and Monterey Counties, to develop, prioritize, secure funding for, and effectively and equitably advocate for and implement regionally beneficial climate mitigation and adaptation projects and programs. The RCPWG is funded through yearly membership contributions and has hired grant writing consultants to write collaborative regional grant applications to fund climate programs at the regional scale.

There are numerous funding opportunities becoming available both through state agencies, and federal agencies, funded through the Inflation Reduction Act (IRA) and the Infrastructure Investment and Jobs Act (IIJA). In collaboration with the RCPWG, Ecology Action, and

11.1 Association of Monterey Bay Area Governments (AMBAG), and other partners, the City has been tracking these opportunities and identifying those for which a collaborative regional model would be most competitive.

DISCUSSION: One of the funding opportunities identified as requiring a regional approach is the Charging and Fueling Infrastructure (CFI) Discretionary Grant Community Program, administered by the Federal Highway Administration (FHWA). The FHWA issued the Notice of Funding Opportunity for Round 2 of the CFI program on May 30, 2024 with applications due on August 28, 2024. The CFI Community program has $800 million available to fund charging and fueling infrastructure along any public road. Award amounts range from a minimum of $500,000 to a maximum of $15 million, with a minimum match requirement of 20 percent. The RCPWG applied to Round 1 of this funding opportunity but, due to an overwhelming number of applications and despite a “recommended for funding” score, was not awarded funds.

Since notification that the Round 1 application would not be funded, staff, in collaboration with the RCPWG members, Ecology Action, and AMBAG have refined the scope of the Monterey Bay Region Equitable EV Charging Project to be more competitive and will be submitting a $10 million grant application to the CFI Community Program for this project. The City of Santa Cruz is acting as the lead applicant with each RCPWG member and Ecology Action as co-applicants.

The Monterey Bay Region Equitable EV Charging Project will install a minimum of 100 level 2 EV charging locations and up to 5 DC Fast charging locations throughout the Monterey Bay Region. Each location will support a minimum of four charging ports, each with a dedicated parking space. The project will also support an education and outreach component to increase awareness around EVs, especially focused to reach the underserved communities that could greatly benefit from this new infrastructure. Moreover, there is a workforce development component to support the skills and careers needed to support the EV charging installation, operation and maintenance, should the project be awarded funds.

Each location will be sited at a publicly accessible, publicly owned facility, and will be publicly accessible during the hours of operations of the chosen site. Outside of the hours of operations each site host will be allowed to determine whether the infrastructure should remain publicly available or should be prioritized to serve specific EV charging needs such as municipal fleet charging, or a future EV ridesharing fleet.

The Monterey Bay Region Equitable EV Charging Project will allow Santa Cruz to install a minimum of 20 charging ports at 3 locations, at no cost, increasing public charging in the City by 165%. All planning, make ready, installation, maintenance, and operations for a period of 5 years will be fully funded through project funding. Santa Cruz will receive funding for staff time, to conduct the project management activities related to managing the overall regional project and the installation of the infrastructure.

If awarded, the co-applicants and a stakeholder working group will undertake a competitive solicitation process to select vendors, for the installation, operations, and maintenance of the EV charging infrastructure. The selected private entity will be required to provide the matching funds for the project. This approach, combined with the regional scale of the application will ensure that Santa Cruz benefits from the deep economies of scales that can be achieved through larger projects, while also ensuring that neighboring jurisdictions also achieve a minimum level

11.2 of EV infrastructure buildout, which will support community members as they travel to neighboring jurisdictions, and vice versa.

FISCAL IMPACT: Approval of this recommendation will not result in an immediate fiscal impact to the General Fund. The grant application will total $10 million, and the private entity competitively chosen through a competitive selection process will provide the vast majority of the required match, with any remaining match requirements will be met through an in-kind labor match by Ecology Action and the RCPWG staff members.

Prepared By:

Tiffany Wise-West
Sustainability and Resiliency
Officer
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION.DOCX

11.3 RESOLUTION NO. NS-XX,XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ AUTHORIZING

SUMISSION OF A GRANT APPLICATION TO THE FEDERAL HIGHWAYS

ADMINISTRATION CHARGING AND FUELING INFRASTRUCTURE DISCRETIONARY

GRANT COMMUNITY PROGRAM FOR THE MONTEREY BAY REGION EQUITABLE

EV CHARGING PROJECT
WHEREAS, City of Santa Cruz adopted a climate action plan in 2022 which identifies transportation has the largest source of emissions; and WHEREAS, City of Santa Cruz’ climate action plan identifies a number of transportation electrification strategies designed to reduce GHG emissions to meet the GHG emissions goals of a 40% reduction in greenhouse gas emission from 1990 levels by 2030 and WHEREAS, since 2022, The Monterey Bay Regional Climate Project Working Group has collaborated among groups and organizations in the Monterey Bay Area region, including Santa Cruz, San Benito, and Monterey Counties to develop, prioritize, secure funding for, and effectively and equitably advocate for and implement regionally beneficial climate mitigation and adaptation projects and programs; and
WHEREAS, the City of Santa Cruz is a founding member Monterey Bay Regional Climate Project Working Group; and
WHEREAS, The Association of Monterey Bay Area Governments, the Monterey Bay Regional Climate Project Working Group, and Ecology Action have been working to identify funding opportunities where a regional collaborative approach would be most competitive; and WHEREAS, the City of Santa Cruz is the lead applicant and collaborating with public agencies and non-profit partners on a grant application to be made to the Federal Highways Administration Charging and Fueling Infrastructure Discretionary Grant Community Program for the Monterey Bay region Equitable EV Charging Project.

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

1. Directs City of Santa Cruz staff to work with co-applicants to submit the grant proposal package to the FHWA in the amount of $10 million and

2. Authorizes the City Manager of City of Santa Cruz to apply for, accept, and execute in the name of the City of Santa Cruz and behalf of the co-applicants all necessary applications, contracts and agreements and amendments thereto and appropriate funds from the Federal Highways Administration to implement and carry out the scope of work approved through approval of the grant application.

11.4 RESOLUTION NO. NS-XX,XXX
2 PASSED AND ADOPTED this 13th day of August, 2024 by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

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

11.5 City Council

AGENDA REPORT
DATE: 07/25/2024
AGENDA OF: 08/13/2024
DEPARTMENT: City Manager
SUBJECT: California Ocean Protection Council (OPC) Senate Bill (SB) 1 Grant Program: Approval to Execute Grant Funds to Develop a Resilient Coast Santa Cruz 2.0: Shoreline Adaptation Blueprint (CM)
RECOMMENDATION: Motion to adopt a resolution approving the execution of grant funds from the Ocean Protection Council under the SB 1 Grant Program funded through California's Greenhouse Gas Reduction Fund and General Fund to develop three Shoreline Adaptation Blueprints along the City of Santa Cruz’ coastline.

BACKGROUND: Sea-level rise in California is already impacting public health and safety, critical infrastructure, habitat and biodiversity, and public access. With the pace, frequency, and scale of impacts projected to increase through the end of the century and beyond, sea-level rise (SLR) poses an urgent climate threat that requires action now. In response to this threat, Senate Bill 1 (Atkins, 2021), the Sea Level Rise Mitigation and Adaptation Act, was signed into law in 2021. Senate Bill 1 (SB 1) directs the Ocean Protection Council (OPC) to administer grants to local and regional governments to plan for SLR and implement adaptation projects to build resilience along the coast and shoreline of San Francisco Bay. In 2022 and 2023, OPC received $37.5 million in Greenhouse Gas Reduction Funds (GGRF) and $54.5 million in General Funds respectively to support the implementation of SB 1, with an additional $10 million anticipated in the 2024-2025 budget. Ultimately, OPC’s SB 1 SLR Adaptation Planning Grant Program (SB 1 Grant Program) aims to provide funding for coastal communities to develop consistent SLR adaptation plans and projects to build resilience to SLR along the entire coast of California and San Francisco Bay. The SB 1 Grant Program is designed to ensure all California coastal communities are preparing for SLR through a consistent and equitable process utilizing a set of SLR Adaptation Criteria.

While much SLR planning and adaptation work has been conducted along California’s coast over the past decade, it is currently understood that vulnerability assessments, adaptation plans, and coastal resilience projects are not consistent in their standards or criteria across jurisdictions.

In recognition of these gaps, and the urgency of preparing for SLR, Senate Bill 272 (Laird, 2023) was signed into law in 2023. SB 272 requires that all coastal local governments develop SLR plans and prioritizes local governments with approved SLR plans for SLR adaptation funding.

With a deadline of January 1, 2034, these plans must be integrated into local coastal programs (LCPs) or San Francisco Bay shoreline resiliency plans. SB 272 also requires OPC, in coordination with the California SLR State and Regional Support Collaborative (SLR Collaborative), to establish guidelines for the preparation of SLR plans.

12.1 The City of Santa Cruz (City) has conducted extensive coastal climate adaptation work over the past 5 years for different segments of its coastline under its Resilient Coast Santa Cruz 1.0 initiative (2018-2022) and West Cliff Resilient for All visioning process (2023-2024). This work estimates that under a business-as-usual coastal management scenario, property and infrastructure exposed to climate related impacts were valued at $1 billion and that social cost of climate change exceeds $25 million annually. The City has a number of coastal planning and management and climate change related projects in progress currently. The City, funded through a second CA Coastal Commission grant, is in the process of completing a Beaches and Bluffs Chapter of its LCP Land Use Plan Update to be presented to City Council by end of 2024 with new coastal management and adaptation pathways policies. The City is also in the process of completing a West Cliff 5-year Implementation Plan, a Living Shorelines, Nature Based Solutions and Sand Management Feasibility Study and Flood Control and Climate Change study, all to be complete by March, 2025.

On March 22, 2024, the City submitted a Track 1, Phase 3 Planning project application to OPC which was approved for funding by the OPC board on June 4, 2024. This project will result in the Resilient Coast Santa Cruz 2.0: Shoreline Adaptation Blueprint, covering the entire 4.5 miles of coastline within the City limits and comprised of three implementation focused blueprints for the West Cliff, Beaches and East Cliff coastal subareas. The goal of the project is to develop and deliver accessible, community-supported, Shoreline Adaptation Blueprints for three subareas of the City’s coastline that conform to the requirement of SB 272 and accelerate investment in implementing coastal resilience visions and projects.

DISCUSSION: The City’s coast took a beating the past two storm seasons. While the City has undertaken significant coastal climate adaptation efforts over the past 5 years for different segments of its coastline under its Resilient Coast Santa Cruz 1.0 initiative (2018-2022) and West Cliff Resilient for All visioning process (2023-2024), coastal storm damage in winter 2023 created a renewed community imperative to address coastal change. The Shoreline Adaptation Blueprint project to be funded by the OPC grant builds upon this work, creating implementation “blueprints” for 3 coastal subareas. The project will integrate the City’s developing adaptation pathways approach with new information, policy, planning guidance and diverse engagement to produce community supported, fundable implementation deliverables: the East Cliff, Beaches, and West Cliff Shoreline Adaptation Blueprints. Blueprints will reference extensive prior work on existing conditions, future vulnerabilities, feasibility of adaptation alternatives, visioning and equitable engagement, carrying out policy being currently developed with California Coastal Commission in a new Beaches and Bluffs chapter of the LCP amendment in progress.

Blueprints informed by residents and community engagement will be accessible with compelling visualizations of strategies and projects. The 3 Blueprints will be accompanied by a set of 4 Technical Briefs which will include information about financial and resourcing moves, adaptation pathways, coastal change monitoring, and community engagement summaries. The Blueprints will include prioritized projects as well as LCP Implementation Plan policy recommendations and explicit change management requirements that the City can immediately act upon. Leveraging considerable momentum, existing partnerships and new knowledge, this project aims to level set planning across the City’s coast, align local and regional plans, and catalyze the City into implementation of its coastal community vision. Staff expect the project to begin in September 2024 and it will be complete within 2 years.

12.2 While staff has already gained permission from City Council earlier in the year to apply for the grant, OPC requires the attached resolution format to be adopted by City Council before the grant is executed.

FISCAL IMPACT: There is no impact to the General Fund by adoption of this ordinance.

Prepared By:

Tiffany Wise-West
Sustainability and Resiliency
Officer
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION.DOCX

2. EXHIBIT A.PDF

12.3 RESOLUTION NO. NS-30,XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CRUZ

APPROVING THE EXECUTION OF GRANT FUNDS FROM THE OCEAN PROTECTION COUNCIL UNDER THE SB 1 GRANT PROGRAM FUNDED THROUGH CALIFORNIA'S

GREENHOUSE GAS REDUCTION FUND AND GENERAL FUND TO DEVELOP

THREE SHORELINE ADAPTATION BLUEPRINT ALONG THE
CITY OF SANTA CRUZ’ COASTLINE
WHEREAS, on April 30, 2024, the City Council authorized the City Manager to apply for, accept, and appropriate funds from the Ocean Protection Council (OPC) Senate Bill (SB) 1 Grant Program to fund the Resilient Coast Santa Cruz 2.0: Shoreline Adaptation Blueprint Project; and WHEREAS, the project will result in the Resilient Coast Santa Cruz 2.0: Shoreline Adaptation Blueprint, covering the entire 4.5 miles of coastline within the City limits and comprised of three implementation focused blueprints for the West Cliff, Beaches and East Cliff coastal subareas; and
WHEREAS, though the City Council has authorized applying for the grant, OPC requires their resolution (Exhibit A ) to be adopted.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Cruz approves the execution of grant funds from the Ocean Protection Council under the SB 1 Grant Program funded through California's Greenhouse Gas Reduction Fund and General Fund to develop three Shoreline Adaptation Blueprint along the City of Santa Cruz’ coastline and thereby adopting this resolution and it’s exhibit.

PASSED AND ADOPTED this 13th day of August, 2024, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

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

12.4 WHEREAS, the Legislature and Governor of the State of California have provided funds for the program shown above; and
WHEREAS, the California Natural Resources Agency has been delegated the responsibility for the administration of this grant program, establishing necessary procedures; and WHEREAS, said procedures established by the California Natural Resources Agency require a resolution certifying the approval by the potential grantee’s governing board either before submission of said application(s) to the State or prior to execution of the grant agreement; and
WHEREAS, the Applicant/Grantee, if selected, will enter into an agreement with the State of California to carry out the project
NOW, THEREFORE, BE IT RESOLVED that the _____________________________________________________

1. If applicable, approves the filing of an application for the _______________________________________; to be funded by ________________________________________________________________________.

2. If applicable, certifies that Applicant or title holder will have sufficient funds to operate and maintain the project(s) consistent with the land tenure requirements; or will secure the resources to do so;

3. Certifies that the project will comply with any laws and regulations including, but not limited to, the California Environmental Quality Act (CEQA), legal requirements for building codes, health and safety codes, the California Labor Code, disabled access laws, and, that prior to commencement of the project, all applicable permits will have been obtained; and,

4. Certifies that the Applicant/Grantee will work towards the State Planning Priorities intended to promote equity, strengthen the economy, protect the environment, and promote public health and safety as included in Government Code Section 65041.1, and,

5. Appoints the ___________________________________, or designee, as agent to conduct all negotiations, execute and submit all documents including, but not limited to applications, agreements, payment requests and so on, which may be necessary for the completion of the aforementioned project(s).

Approved and adopted the __________day of __________ 20____. I, the undersigned, hereby certify that the foregoing Resolution Number __________ was duly adopted by the __________________________________.

Following Roll Call Vote: Ayes: _________
Nos: _________

Absent: _________
__________________________________________, _____________________________________________ (Signature) (Title)
OCEAN PROTECTION COUNCIL – RESOLUTION TEMPLATE
Resolution No: _______________________
RESOLUTION BY ________________________________________________________________________

APPROVING THE APPLICATION FOR AND/OR EXECUTION OF GRANT FUNDS FROM THE OCEAN

PROTECTION COUNCIL UNDER THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 (Proposition 84), Prop 68,

ENVIRONMENTAL LICENSE PLATE FUNDS, ONCE THROUGH COOLING OR GENERAL FUNDS Governing Board Resolution CNRA OPC 012 12.5
City Council

AGENDA REPORT
DATE: 07/01/2024
AGENDA OF: 08/13/2024
DEPARTMENT: City Manager
SUBJECT: Criminal Justice Council of Santa Cruz County (CM) RECOMMENDATION: Motion authorizing the City Manager to sign the third amendment to the Joint Exercise of Powers Agreement for the Criminal Justice Council (CJC) of Santa Cruz County to extend City of Santa Cruz participation for a one-year term through June 30, 2025.

BACKGROUND: The City Council initially approved the Joint Exercise of Powers Agreement in 2011, re-establishing the CJC to enhance countywide efforts on gang prevention and intervention. The CJC has since functioned as a platform for developing and recommending criminal justice programs and solutions, achieving significant milestones along the way. The agreement was extended for five years in 2016, then for another three years in 2021, and currently expires on June 30, 2024.

The proposed third amendment will extend the CJC’s term by one additional year, until June 30, 2025. During this extension, the CJC aims to review and catalog behavioral health services in the community and publish its fourth and final annual report, which will include summaries and recommendations from all previous reports. Over the last three years, the CJC has published reports on:
 Santa Cruz County Regional Public Safety Agency Policy Review and Analysis (2021):
https://www.santacruzcjc.org/resource/CJC-2021-Annual-Report.pdf  Santa Cruz County Regional Mental/Behavioral Health and Law Enforcement Review and Analysis (2022):
https://www.santacruzcjc.org/resource/CJC-2022-Annual-Report.pdf  Santa Cruz County Court and Jail System Review and Analysis: Addressing Behavioral Health Cases (2023):
https://www.santacruzcjc.org/resource/CJC-2023-Annual-Report.pdf Additional details on the CJC can be viewed online at https://www.santacruzcjc.org/.

DISCUSSION: With its objectives largely met and the final report in preparation, the CJC plans to conclude its activities in FY 2025, officially sunsetting on June 30, 2025. However, it's important to note that collaborative criminal justice initiatives will continue seamlessly through other entities, including the Commission on Justice and Gender, Community Corrections Partnership, Juvenile Justice Coordinating Council, and Juvenile Justice and Delinquency Prevention Commission. This ensures the continuity and effectiveness of the countywide efforts.

13.1 FISCAL IMPACT: The CJC adopted a budget for FY 2025 at their May 9, 2024 meeting. The City’s contribution will be $3,000 for FY 2025.

Prepared By:

Emeline Nguyen
Principal Management
Analyst
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. JOINT EXERCISE OF POWERS AGREEMENT FOR THE CRIMINAL JUSTICE COUNCIL.PDF

2. FIRST AMENDMENT.PDF

3. SECOND AMENDMENT.PDF

4. THIRD AMENDMENT.PDF

13.2 --; 59

JOINT EXERCISE OF POWERS AGREEMENT

RE-ESTABLISHING THE CRIMINAL JUSTICE COUNCIL

OF SANTA CRUZ COUNTY
This Agreement is entered into by and among the County of Santa Cruz and the Cities within the County of Santa Cruz, namely: Santa Cruz, Watsonville, Capitola and Scotts Valley.

RECITALS
A. In 1986, the parties entered into a Joint Exercise of Powers Agreement for the purpose of creating the Criminal Justice Council of Santa Cruz County. That Agreement, by its terms, terminated in 1989. The parties intend to re-establish the Criminal Justice Council of Santa Cruz County and make this agreement effective upon its execution by the County of Santa Cruz and the Cities of Santa Cruz, Watsonville, Capitola and Scotts Valley, and to include all of the incorporated territory of Santa Cruz County.

B. Title One, Division 7, Chapter 5 of the Government Code of the State of California (Government Code Section 6500 et seq.) authorizes such a Joint Exercise of Powers Agreement of two or more public agencies for any power common to them.

C. The parties possess in common the power to study, discuss, and recommend policies for the solution of criminal justice problems, and to design programs and develop plans for the expenditure of funds for their solution.

NOW, THEREFORE, the County of Santa Cruz, and the Cities of Santa Cruz, Watsonville, Capitola and Scotts Valley, in consideration of the mutual promises and agreements herein contained, do agree as follows:

1. ORGANIZATION
The parties hereby create a separate agency to be known as the Criminal Justice Council of Santa Cruz, (hereinafter called "CJC") for the purposes of:
a. Provide a more effective and efficient criminal justice system for the citizens of the Cities and County of Santa Cruz.
b. Promote cooperation and coordination within the criminal justice system. c. Provide long-range planning for the criminal justice system in Santa Cruz County.
d. Provide timely information on criminal justice matters, act as an advisory body to governmental entities in Santa Cruz County, and monitor and evaluate projects;
e. Promote more efficient use of local resources to enhance capacity of criminal justice agencies and assist in obtaining new or additional revenues from outside the community.
f. Promote the health and safety of the community.
1 13.3 23
60 CJC shall become an effective governmental unit pursuant to Government Code Section 6500 et seq., upon the execution of this agreement by and among Santa Cruz County and the Cities of Santa Cruz, Watsonville, Capitola and Scotts Valley. As provided by law, the CJC shall be a public entity separate from the County and Cities party to this agreement, and it shall exist as such until such time as this agreement is terminated, as provided herein.

2. MEMBERSHIP OF THE GOVERNING BODY
The governing body of the CJC shall consist of twenty-six (26) members that shall include the following:
a. Two (2) members of the Board of Supervisors designated by the Board; b. The CAO of the County or his/her designated representative; c. The Sheriff of the County;
d. Four (4) Chiefs of Police; one for each City;
e. The District Attorney of the County;
f. The Chief Probation Officer of the County;
g. Two (2) Judges designated by the Judges of the Superior Court of the County;
h. One (1) member selected by the primary Public Defender's Office; i. The County Superintendent of Schools;
j. The Mental Health Director;
k. Two (2) representatives selected by the City Council of each City. One representative must be a member of the City Council; the other may be a member of the City Council, the City Manager, or the person who acts as the City Manager in the City Manager's absence;
i. Two (2) representatives of non-profit agencies related to the criminal justice system selected by the CJC; and
m. The President of Cabrillo College

3. TERMS OF MEMBERSHIP
All members holding membership solely by the office or position held by them, shall be members of the CJC or so long as they hold such office or position and for so long as such office or position constitutes the basis for such CJC membership. Other members shall serve for a period of three (3) years.

4. GENERAL POWERS
The CJC shall have the power to do the following in its own name: to sue and be sued; to make and enter into contracts; to employ agents and employees; to incur debts, liabilities, and obligations necessary to accomplish the purposes of this agreement; and to exercise any power common to the parties hereto and to advise the parties in the exercise of individual powers possessed by the parties, provided that such powers are exercised in furtherance of the purposes of this agreement. The CJC shall have no power or authority to bind any of the parties to this agreement individually to any debt, liability, or obligation. The CJC shall have no power to exercise any of the policy or taxing powers of any of the parties hereto.
2 29 13.4
J 61

5. SPECIFIC PURPOSE OF POWERS
Purpose
The CJC shall endeavor:
a. To provide long-range planning for the criminal justice system in Santa Cruz County;
b. To provide a more effective and efficient criminal justice system for the citizens of the Cities and the County of Santa Cruz;
c. To promote cooperation and coordination within the criminal justice system;
d. To provide timely information on criminal justice matters, act as an advisory body to governmental entities in Santa Cruz County, and monitor and evaluate projects;
e. To appoint and assume responsibility for staff;
f. To review and approve the budget prepared for the CJC ; g. To form committees to assist in planning, analysis, policy and goal recommendations, and such other functions as the CJC deems necessary;
h. To establish such bylaws and rules and regulations as may be necessary for its operation and the conduct of its business;
i. To accept and expend funds (by contract or otherwise) for purposes consistent with the provisions hereof, which funds may be provided by the parties, United States Government, the State of California, or any subdivision thereof, or from any other person, agency or organization, whether public, private, for the purposes specified herein, and maintain at all times a complete and accurate system of accounting for such funds; j. To receive, accept and utilize the services of personnel offered by any of the parties to this agreement, or their representatives or agents; receive, accept and utilize property, real or personal, from any of the parties to this agreement, or their agents or representatives;
k. To perform other functions in accordance with local policy.

6. BUDGET AND FINANCE
a. Before the CJC may spend any funds it shall adopt a budget showing the purpose for which the funds will be expended, and source of such funds. b. The Santa Cruz County Treasurer's Office shall be the depository of all CJC funds and the County Treasurer shall be their custodian. The Auditor and Controller of the CJC shall be the Santa Cruz County AuditorController. The duties of the Santa Cruz County Treasurer and Santa Cruz County Auditor-Controller shall be those found in Government Code Section 6505 et seq.
c. In consideration of the mutual promises herein contained, it is hereby mutually agreed that the costs of maintaining the Council for the initial fiscal year (2011-12) commencing July 1, 2011 shall be pursuant to the budget (Attachment A) and shall be financed as provided in said Attachment.
d. The CJC shall make available to each party an accounting report at least annually of all funds received and disbursed.

13.5 3 13
0::
e. Upon termination of this agreement or termination of the CJC property, any surplus money of the CJC shall be returned to the parties hereto in the same proportions as such parties made contributions to the CJC. f. The Executive Director of the CJC is designated as property custodian of the CJC. Every officer or employee of the CJC authorized to receive, account for or expend any funds shall file a bond in the sum of $10,000.00. This requirement may be met by one or more blanket bonds.

7. INSURANCE
It is understood that the CJC assumes all responsibility for liabilities arising out of acts or omissions of its members, officers, agents or employees. CJC shall maintain insurance as set forth below:
a. Worker's Compensation in the minimum statutorily required coverage amounts.
b. Automobile Liability Insurance for each of vehicle used in the performance of this Agreement, including owned, non-owned (e.g. owned by employees), leased or hired vehicles, in the minimum amount of $500,000 combined single limit per occurrence for bodily injury and property damage.
c. Comprehensive or Commercial General Liability Insurance coverage in the minimum amount of $1,000,000 combined single limit, including coverage for: (a) bodily injury, (b) personal injury, (c) broad form property damage, (d) contractual liability, and (e) cross-liability.

8. EFFECTIVE DATE AND TERM
This agreement shall be in full force and effect upon the date of execution by the County and all Cities within the County. Absent an agreement to extend the terms of this agreement, this agreement will terminate on June 30, 2016.

9. WITHDRAWAL OF PARTIES
Upon ninety (90) days written notice to all parties, any party may request to withdraw from its status as a party.to this agreement, provided that such party has either discharged, or has arranged to the satisfaction of the remaining parties for the discharge of any pending obligations it has assumed hereunder. A party to this agreement will incur no liability for any obligation created after the effective date of such party's withdrawaL.

10. AMENDMENTS
This agreement may be amended at any time by the written agreement by and among the County and signatory City governments.

11. LEGALITY OF AGREEMENT
Should any portion, term condition or provision of this agreement be decided by a court of competent jurisdiction to be illegal or in conflict with any law of the State of California, or otherwise rendered unenforceable or ineffectual, the validity of the remaining portions, terms, conditions, or provisions shall not be affected thereby. 29 4

13.6 G 63
WHEREFORE, the undersigned as authorized representatives of the parties hereto have hereunto set their hands. .

COUNTY OF SANTA CRUZ Dated:

By f£.:S! (10/'-/" ¡ /
~
CI~~ SAtn A CRUZ Dated:

By: By:

CITY OF WATSONVILLE Dated: Approved as to form:

By: By:

CITY OF CAPITOLA Dated: Approved as to form:

By: By:

CITY OF SCOTTS VALLEY Dated: Approved as to form:

By: By:

S:ICriminal Justice CouncillJOINT EXERCISE OF POWERS AGREEMENT.doc 5 13.7 13
J¡ " \.1
WHEREFORE, the undersigned as authorized representatives of the parties hereto have hereunto set their hands.

COUNTY OF SANTA CRUZ Dated: Approved as to form:

By:

CITY OF SANTA CRUZ
By:

Dated: Approved as to form:

By:

CITY OF WATSONVILLE
By:

Dated: Approved as to form:

By: By:

Dated:
# By
Dated:

By: By:

S:\Criminal Justice Council\JOINT EXERCISE OF POWERS AGREEMENT.doc 23 5

13.8 0065
WHEREFORE, the undersigned as authorized representatives of the parties hereto have hereunto set their hands.

COUNTY OF SANTA CRUZ
By:

CITY OF SANTA CRUZ
~~

CITY OF WATSONVILLE
By:

CITY OF CAPITOLA
By:

CITY OF SCOTTS VALLEY
By:

Dated:

Aed¡:~7-¡j
Dated:

Dated:

Dated:

Approved as to form:

By:

Approved as to form:

Approved as to form:

By:

Approved as to form:

By:

S:\Criminal Justice Council\JOINT EXERCISE OF POWERS AGREEMENT.doc 5 18

13.9 (~C ~ (;11 '-" r
WHEREFORE, the undersigned as authorized representatives of the parties hereto have hereunto set their hands.

COUNTY OF SANTA CRUZ Dated: Approved as to form:

By: By:

CITY OF SANTA CRUZ Dated: Approved as to form:

By: By:

CITY OF WATSONVILLE Dated: Approved as to form:

By: By:

CITY OF CAPITOLA Dated: Approved as to form:

By: By:

CITY OF SCOTTS VALLEY Dated: Approved as to form:

By: ~¿/¿; q ~'7 -20 1\ By~ÝVoe~ Sl4J' "Cr" H. Ancto i¿, ('5+-e PouJe\ \ c.¡ li¡ MOJ 0-e-v- C-i+ii A+to(V' e.'-
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13.10 oO~ -7
WHEREFORE, the undersigned as authorized representatives of the parties hereto have hereunto set their hands.

COUNTY OF SANTA CRUZ Dated: Approved as to form:

By:

CITY OF SANTA CRUZ
By:

Dated: Approved as to form:

By: By:
:~TY z/;i2

CITY OF CAPITOLA
Dated:

By: /qßlÍr
Dated:

By:

CITY OF SCOTTS VALLEY
By:

Dated: Approved as to form:

By: By:

S:\Criminal Justice Council\JOINT EXERCISE OF POWERS AGREEMENT.doc 5 Exhibit "A"
50f6
i3 13.11

13.12 13.13

13.14 13.15

13.16 13.17

13.18 CITY OF SANTA CRUZ Approved as to form:

By:

Dated:

CITY OF WATSONVILLE Approved as to form:

By:

Dated:

CITY OF CAPITOLA Approved as to form:

By:

Dated:

CITY OF SCOTTS VALLEY Approved as to form:

By:

Dated:

DocuSign Envelope ID: 1885C602-DE3E-4EA5-9F14-7F4BF2DD5432 5/28/2021

13.19 13.20
CITY OF SANTA CRUZ Approved as to form:

By:

Dated:

CITY OF WATSONVILLE Approved as to form:

By:

Dated:

CITY OF CAPITOLA Approved as to form:

By:

Dated:

CITY OF SCOTTS VALLEY Approved as to form:

By:

Dated:

DocuSign Envelope ID: 79FE7CEF-F85B-46A4-8CC8-88ABD6153303 6/3/2021

13.21 DocuSign Envelope ID: F23BE808-6A20-44FF-94A6-86E1C5DC3E09 9/2/2021 | 4:24 PM PDT

13.22 THIRD AMENDMENT TO THE JOINT EXERCISE OF POWERS AGREEMENT

RE-ESTABLISHING THE CRIMINAL JUSTICE COUNCIL

OF SANTA CRUZ COUNTY
WHEREAS, the Criminal Justice Council of Santa Cruz County (“CJC”) was reestablished in 2011 to create a forum for the discussion and recommendation of policies, programs and plans for solutions to criminal justice issues; and WHEREAS, the CJC was established pursuant to the Joint Exercise of Powers Act of the State of California, constituting Chapter 5, Division 7 of Title 1 of the Government Code of the State of California (Sections 6500 et seq.); and WHEREAS, the “Joint Exercise of Powers Agreement Re-Establishing the Criminal Justice Council of Santa Cruz County” (“Agreement”) was entered into by the County and the Cities of Santa Cruz, Watsonville, Capitola and Scotts Valley in October 2011; and
WHEREAS, Section 10 of the Agreement authorizes amendments at any time by the written agreement by and among the County and signatory City governments; NOW, THEREFORE, the County of Santa Cruz and the Cities of Santa Cruz, Watsonville, Capitola and Scotts Valley agree to amend the Agreement as follows.

Section 8 of the Agreement is amended to read:

8. EFFECTIVE DATE AND TERM
This agreement shall be in full force and effect upon the date of execution by the County and all Cities within the County. Absent an agreement to extend the terms of this agreement, this agreement will terminate on June 30, 2025.

All other provisions of the Agreement shall remain the same.

IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed and attested by their proper officers thereunto duly authorized on the day and year stated below the name of each of the parties. This Amendment may be signed in counterparts, each of which shall be deemed an original, and all of which shall constitute one and the same agreement.

COUNTY OF SANTA CRUZ Approved as to form:

By:

Dated:

13.23 CITY OF SANTA CRUZ Approved as to form:

By:

Dated:

CITY OF WATSONVILLE Approved as to form:

By:

Dated:

CITY OF CAPITOLA Approved as to form:

By:

Dated:

CITY OF SCOTTS VALLEY Approved as to form:

By:

Dated:

13.24 City Council

AGENDA REPORT
DATE: 07/08/2024
AGENDA OF: 08/13/2024
DEPARTMENT: Finance
SUBJECT: Liability Claims Filed Against the City of Santa Cruz (FN) RECOMMENDATION: Motion to reject the liability claim of 1) Viet Huong Vo, and to return as late, the claim of 2) Geico Insurance Company, based on staff recommendation.

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

1. Claimant: Viet Huong Vo
Date of occurrence: 06/05/2024
Date of claim: 6/11/2024
Amount of claim: $150.00
Claimant seeks reimbursement for property allegedly damaged during police actions.

Self-Represented
II. Claim to be Returned as Late

2. Claimant: Geico Insurance Company
Date of occurrence: 11/23/2022
Date of claim: 6/28/2024
Amount of claim: $7,074.22
Claimant seeks reimbursement for alleged damages to their insured’s vehicle.

Self-Represented
FISCAL IMPACT: No fiscal impact.

Prepared By:

Ross Brandon
Risk & Safety Manager
Submitted By:

Elizabeth Cabell
Finance Director
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

None.

14.1 City Council

AGENDA REPORT
DATE: 07/23/2024
AGENDA OF: 08/13/2024
DEPARTMENT: Parks and Recreation
SUBJECT: Professional Services Agreement for a Facilities Condition Assessment (PR)
RECOMMENDATION: Motion to approve and authorize the City Manager to execute a Professional Services Agreement with Bureau Veritas Technical Assessments LLC, in a form approved by the City Attorney, for professional services not to exceed $150,000 over a two-year term. The Director of Parks and Recreation is authorized to execute contract amendments and change orders within the approved project budget (c302301).

BACKGROUND: The Parks & Recreation Department (“Department”) was one of the City's five original departments, dating from 1876. The Parks & Recreation system expanded over time, incorporating gifted areas such as DeLaveaga Park (1894) and Harvey West Park (1957), notable structures such as the Santa Cruz Wharf (1914) and Civic Auditorium (1940), new neighborhood parks as development occurred from the 1970s onward, and the addition of greenbelt properties such as Pogonip and Moore Creek Preserve in the 1980s and 1990s. Budget constraints dating back to the passage of California's Proposition 13 in 1978, accentuated by economic downturns in the early 2000s and the Great Recession of 2007-2009, and heightened by recent inflation have made it difficult for the Department to provide adequate maintenance of the assets under its care.

The Department seeks to complete a facility condition assessment of the assets under its management. The assessment is intended to cover 43 named parks and facilities spanning 696 acres and including 66 buildings totaling 162,000 square feet. This assessment will identify maintenance deficiencies, the costs needed to address them, and a strategic plan for maintenance investments over the next 10 years.

DISCUSSION: In March 2024, the City released a Request for Proposal (RFP) to solicit proposals from experienced firms with the ability to assess common park assets and horizontal infrastructure as well as buildings. The RFP was broadly distributed through the OpenGov procurement system receiving 896 views online. Five (5) proposals were received by the due date. An interdepartmental panel evaluated the proposals. The top four ranked firms were invited to participate in the second evaluation phase, a virtual oral presentation. From highest to lowest, the top four ranking firms were Bureau Veritas Technical Assessments LLC, Facilities Optimization Solutions, Facility Engineering Associates, P.C., and Kitchell CEM. All four are recognized as reputable firms within the service line of facility condition assessments.

15.1 Parks and Recreation issued a Notice of Intent to Award on Monday, July 22, 2024. Staff recommends awarding a contract to the highest ranked vendor, Bureau Veritas Technical Assessments LLC., for an amount not to exceed $150,000.00.

Health in All Policies
The Facility Condition Assessment agreement is for professional services that will be used to enhance equity by improving park access, quality and features for park users of all ages and abilities. It also improves sustainability by improving the department’s ability to maintain park assets.

FISCAL IMPACT: This agreement will not have a fiscal impact on the General Fund. Project funding has already been allocated to the Facilities Condition Assessment Project, c302301, using Park & Recreation Tax fund balance.

Prepared By:

Lindsay Bass
Principal Management
Analyst
Submitted By:

Tony Elliot
Parks & Recreation Director
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. PROFESSIONAL SERVICES AGREEMENT.PDF

15.2 City of Santa Cruz Professional Services Agreement for Parks & Recreation Facilities Condition Assessment August 2024 (Form Rev.01/24) Page 1
Professional Services Agreement With

BUREAU VERITAS TECHNICAL ASSESSMENTS LLC
For PARKS AND RECREATION FACILITIES CONDITION ASSESSMENT THIS AGREEMENT for professional services is made by and between the City of Santa Cruz (“City”) and Bureau Veritas Technical Assessments, LLC. (“Consultant” or “BVTA”) (each is referred to individually as a “Party” and collectively, as the “Parties”) as of August ___, 2024 (the “Effective Date”).

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

SECTION 1: SCOPE OF WORK
Consultant will furnish services as defined and described in the Scope of Work, attached hereto as Exhibit A and incorporated herein.

SECTION 2: RESPONSIBILITIES OF CONSULTANT
All work performed by Consultant, or under Consultant’s direction, shall be rendered in accordance with the generally accepted practices, and to the standards of, Consultant's profession. Consultant represents and agrees that Consultant: (i) is fully experienced and properly qualified to perform the work and services provided for herein, (ii) has the financial capability required for the performance of the work and services, and (iii) is properly equipped and organized to perform the work and services in a competent, timely, and proper manner, in accordance with the requirements of this Agreement.

Consultant shall not undertake any work beyond the Scope of Work set forth in Exhibit A unless such additional work is approved in advance and in writing by City. The cost of such additional work shall be reimbursed to Consultant by City on the same basis as provided for in Section 4.

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

Consultant shall meet with Tony Elliot, Director of the Parks and Recreation Department, hereinafter called "Director", or other designated and authorized City personnel, or third parties as necessary, on all matters connected with carrying out of Consultant’s services described in Exhibit A. Such meetings shall be held at the request of either Party. Review and City approval of completed work shall be obtained monthly, or at other intervals as may be mutually agreed upon during the course of this Agreement. Review, approval, or acceptance of Consultant’s work by City or others shall not relieve Consultant from responsibility for errors and omissions in Consultant’s work.

SECTION 3: RESPONSIBILITIES OF THE CITY
City shall make available to Consultant all necessary data and information in the City's possession and shall actively assist Consultant in obtaining such information from other agencies and individuals as needed. Consultant is entitled to reasonably rely upon the accuracy and completeness of such data and information, and Consultant shall provide City prompt written notice of any known defects in such data and information.

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

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SECTION 4: FEES AND PAYMENT
For services actually performed, the City will compensate Consultant at the fixed fee rates set forth in the Fee Schedule detailed in Exhibit B and in accordance with the terms set forth therein. Payment for Consultant's services in carrying out the entire Scope of Work shall be made within the budget limit, or limits shown, upon Exhibit B. In no event shall the total fee charged for the Scope of Work set forth in Exhibit A exceed the budget of $146,719.48 without advance written City authorization in the form of an amendment or change order.

Such payment shall be considered the full compensation for all personnel, materials, supplies, and equipment used by Consultant in the Scope of Work.

Consultant agrees that the payments to Consultant specified in this Section 4 will constitute full and complete compensation for all obligations assumed by Consultant under this Agreement. Where conflicts regarding compensation may occur, the provisions of this section apply.

Invoices shall indicate the percentage completion of each lump sum work task as identified in the Scope of Work in Exhibit A and the overall percentage of completion of the total required services. Unless otherwise specified in the fee schedule, payments shall be made monthly by the City within 30 days based on itemized invoices from the Consultant which list the progress per task item.

All invoices shall contain the following affidavit signed by Consultant (if individual) or by an authorized representative of Consultant’s (if Consultant is an entity):
"I hereby certify [or an authorized representative of Consultant] that the charge of (Insert invoice amount) as summarized above and shown in detail on the attachments is in accordance with the terms of Agreement dated (Insert Agreement Date) and has not been previously paid." This Agreement is contingent upon the appropriation of sufficient funding by the City for the services covered by this Agreement. If funding is reduced or deleted by the City for the services covered by this Agreement, the City has the option without penalty or liability to either terminate this Agreement or to offer an amendment to this Agreement indicating the reduced amount.

SECTION 5: TRAVEL REIMBURSEMENT POLICY
The City shall not be responsible for any travel, meal, or lodging reimbursements to Consultant and/or Consultant’s employees as those are included in the fixed fee.

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

SECTION 7: TERM AND SCHEDULE
The term of this Agreement shall be on the effective date of this Agreement and continue for a period of two (2) years plus any renewals agreed to by the parties and made in writing.

Consultant shall begin work as specified in a written authorization (e.g., Notice to Proceed) to perform services. The written authorization to perform work shall not be issued until after this Agreement has been approved and authorized by the City.

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

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

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

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

SECTION 8: TERMINATION
The City may terminate the Agreement for any reason by providing written notice to Consultant not less than 10 calendar days prior to an effective termination date.

The City may, at its option, allow Consultant to cure its failure to perform within 10 business days (or longer period authorized in writing by the City) from the date of the City’s termination notice. The termination shall become effective if Consultant has not cured within the specified time period to the City’s satisfaction.

Consultant may terminate this Agreement for cause if the City fails to cure a material default in performance within a period of 30 calendar days (or such longer period agreed to by the Consultant), from the date of the Consultant’s written termination notice specifying the default in performance. Consultant must provide a notice of termination to the City not less than 30 calendar days of the effective termination date.

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

SECTION 9: INSURANCE
Prior to the beginning of and throughout the duration of the Agreement, Consultant will maintain and comply with the Insurance Requirements as set forth in Exhibit D. Consultant will insure the City against claims for injuries

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to persons or damages to property which may arise from or in connection with the performance of the work hereunder. The insurance coverages required shall not in any way limit the liability of the Consultant.

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

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

SECTION 11: EQUAL EMPLOYMENT OPPORTUNITY/NON-DISCRIMINATION POLICIES City’s policies promote a working environment free from abusive conduct, discrimination, harassment, and retaliation; and require equal opportunity in employment for all regardless of race, religious creed (including religious dress and grooming practices), color, national origin (including language use restrictions), ancestry, religion, disability (mental and physical), medical condition, sex, gender (including gender identity and gender expression), physical characteristics, marital status, age, sexual orientation, genetic information (including family health history and genetic test results), organizational affiliation, and military or veteran status, or any other consideration made unlawful by local, State or Federal law. City requires Consultant to comply with all applicable Federal and State and local equal employment opportunity laws and regulations, and Consultant is responsible for ensuring that effective policies and procedures concerning the prevention of abusive conduct, discrimination, harassment, and retaliation exist in Consultant’s business organization. The City’s current Equal Employment Opportunity and Non-Discrimination policies to which this Section applies may be viewed at http://www.codepublishing.com/CA/SantaCruz/?SantaCruz09/SantaCruz0983.html and http://www.cityofsantacruz.com/home/showdocument?id=59192.

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

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

Such authority is retained solely by the City Manager, Director, or their designee. Unless expressly authorized by the City Manager or Director, Consultant’s compensation shall be limited to that set forth in Exhibit B, Fee Schedule.

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SECTION 14: MISCELLANEOUS PROVISIONS

1. Project Manager/Key Staff. Director reserves the right to evaluate and confer with Consultant regarding the project manager or other key staff assigned by Consultant to perform the work under this Agreement. Consultant shall replace the project manager or key staff upon Director’s request due to Director’s concern about their performance.

Otherwise, no change in assignment by the Consultant may occur without prior written approval of the City.

2. Consultant Services Only. Consultant is employed to render professional services only and any payments made to Consultant are compensation solely for such professional services.

3. Independent Contractor. In the performance of this Agreement, it is expressly understood that Consultant, including each of Consultant’s employees, agents, subcontractors or others under Consultant’s supervision or control, is an independent contractor solely responsible for its own acts and omissions, and shall not be considered an employee of the City for any purpose. Consultant agrees to indemnify, defend and hold harmless the City, its officials, officers, employees, and agents against any claim or liability, including attorneys’ fees and costs, arising in any manner related to this Agreement that an employee, agent or others under Consultant’s supervision or control was misclassified.

In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

4. Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

5. Subcontractors. Consultant shall obtain prior approval of the City prior to subcontracting of any work pursuant to this Agreement. If at any time, the City determines any subcontractor is incompetent or unqualified, Consultant will be notified and will be expected to immediately cancel the subcontract. Consultant shall require and verify that all subcontractors maintain insurance meeting all of the requirements stated herein, including naming the City of Santa Cruz, its officers, officials, employees, agents, and volunteers as additional insureds. Any modification to the insurance requirements for subcontractors must be agreed to by the City in writing.

Consultant shall be as fully responsible to the City for the negligent acts and omissions of its contractors and subcontractors or subconsultants, and of persons either directly or indirectly employed by them, as it is for the acts and omissions of persons directly employed by Consultant. Consultant’s obligation to pay its subconsultants is an independent obligation from the City’s obligation to make payments to the Consultant.

6. Assignment. This Agreement shall not be assigned without first obtaining the express written consent of the Director or after approval of the City Council. Neither party may assign this Agreement unless this Agreement is amended in accordance with its terms.

7. Conflicts of Interest. Consultant agrees to comply with conflict of interest lawsin performing the work and services under this Agreement. Consultant covenants (on behalf of Consultant and Consultant’s employees, agents, representatives, and subcontractors) that there is no direct or indirect interest, financial or otherwise, which would conflict in any manner or degree with the performance of services required under this Agreement. Consultant acknowledges and agrees to comply with applicable provisions of conflict of interest law and regulations, including

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the CA Political Reform Act, Sections 1090 and 87100 of the Government Code, and the City’s conflict of interest code. Consultant will immediately advise City if Consultant learns of a conflicting financial interest of Consultant during the term of this Agreement.

8. City Property. The work, or any portion, of Consultant in performing this Agreement shall become the property of City. The Consultant may be permitted to retain copies of such work for information and reference in connection only with the provision of services for the City. All materials and work product, whether finished or unfinished, shall be delivered to City upon completion of contract services or termination of this Agreement for any reason.

Consultant acknowledges and agrees that the work product shall be considered a work made for hire within the meaning of the patent and copyright laws of the United States; and Consultant agrees that all copyrights which arise from creation of project-related documents and materials pursuant to this Agreement shall be vested in the City and Consultant waives and relinquishes all claims to copyright or other intellectual property rights in favor of City. Any work product related to this Agreement shall be confidential, not to be used by the Consultant on other projects or disclosed to any third party, except by agreement in writing by the City, or except as otherwise provided herein.

Consultant’s final deliverables shall comply with Section 508 (29 U.S.C. Section 794d) accessibility requirements, as applicable.

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

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

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

10. Confidentiality.
a. Consultant shall not acquire any ownership interest in data and information (“City Data”) received by Consultant from City, which shall remain the property of the City. Certain information may be considered confidential (“Confidential Information”). Confidential Information shall mean all information or proprietary materials (in every form and media) not generally known to the public and which has been or is hereafter disclosed or made available directly or indirectly to Consultant through any means of communication, either verbally or in writing even if it has not been designated in writing as “Confidential” to Consultant in connection with this Agreement. Unless otherwise required by law, Consultant shall not, without City’s written permission, use or disclose City Data and/or Confidential Information other than in

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the performance of the obligations under this Agreement. As between Consultant and City, all City Confidential Information shall remain the property of the City. Consultant shall not acquire ownership interest in the City’s Confidential Information.
b. Consultant shall be responsible for ensuring and maintaining the security and confidentiality of City Data and Confidential Information, protect against any anticipated threats or hazards to the security or integrity of City Data and Confidential Information, protect against unauthorized access to or use of City Data and Confidential Information that could result in substantial harm or inconvenience to City or any end users; and ensure the proper return and/or disposal of City Data and Confidential Information upon termination of this Agreement with notice to the City.
c. Consultant shall take appropriate action to address any incident of unauthorized access to City Data and Confidential Information, including addressing and/or remedying the issue that resulted in such unauthorized access, notifying City as soon as possible of any incident of unauthorized access to City Data and Confidential Information, or any other breach in Consultant’s security that materially affects City or end users; and be responsible for ensuring compliance by its officers, employees, agents, and subcontractors with the confidentiality provisions hereof. Should confidential and/or legally protected City Data be divulged to unauthorized third parties, Consultant shall comply with all applicable federal and state laws and regulations, including but not limited to California Civil Code sections 1798.29 and 1798.82 at Consultant’s sole expense. Consultant shall not charge City for any expenses associated with Consultant’s compliance with these obligations.

d. Consultant shall defend, indemnify and hold harmless City, its officials, officers, employees and agents against any claim, liability, loss, injury or damage (including attorneys’ fee and costs) arising out of, or in connection with, the unauthorized use, access, and/or disclosure of City Data and/or Confidential Information by Consultant and/or its agents, employees or subcontractors, excepting only loss, injury or damage caused by the sole negligence or willful misconduct of the City. This provision shall survive the termination or expiration of this Agreement.

11. Consultant's Records/Audits. Consultant shall maintain accurate accounting records and other written documentation pertaining to the costs incurred relating to this Agreement for examination and audit by the City, State, or federal government, as applicable, 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 at least three (3) years from the date of the final City payment for Consultant's services, , or from the date of final disposition of real property or equipment acquired with federal funds, or date of the termination of this Agreement, whichever is later. If Consultant engages a subcontractor to perform work related to this Agreement with a cost of $10,000 or more over a 12-month period, such subcontract shall contain these same requirements. This provision shall survive the termination of this Agreement.

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

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(including but not limited to all judgments, costs, and attorney’s fees) that may result from denial by City of a CPRA request for information arising from any representation, or any action (or inaction), by the Consultant.

13. Compliance with Laws. All activities of Consultant, its employees, subcontractors and/or agents will be carried out in compliance with all applicable federal, state, and local laws and regulations. Consultant further agrees to comply with the covenant of good faith and fair dealing and other provisions of Santa Cruz Municipal Ordinance chapter 3.09, or otherwise Consultant may be subject to penalties including being declared an irresponsible contractor.

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

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

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

16. Prevailing Wages for Public Work. To the extent that the work or services to be performed under this Agreement may be considered a “public work” (construction, alteration, demolition, or repair work) pursuant and subject to Labor Code section 1720 et seq., Consultant (and any subconsultant performing the work or services) shall conform to any and all prevailing wage requirements applicable to such work/and or services under this Agreement. Consultant (and any subconsultant) shall adhere to the prevailing wage determinations made by the Director of Industrial Relations (DIR) pursuant to California Labor Code Part 7, Chapter 1, Article 2, applicable to the work, if any. All workers employed in the execution of a public works contract (as such term is defined California Labor Code section 1720 et seq. and section 1782(d)(1)) must be paid not less than the specified prevailing wage rates for the type of work performed. (CA Labor Code sections 1720, 1774 and 1782.) To the extent applicable to the scope of work and services under this Agreement, Consultant agrees to be bound by the state prevailing wage requirements, including, but not limited to, the following:
a. If a worker is paid less than the applicable prevailing wage rate owed for a calendar day (or any portion thereof), Consultant shall pay the worker the difference between the prevailing wage rate and the amount actually paid for each calendar day (or portion thereof) for which the worker(s) was paid less than the prevailing wage rate, as specified in Labor Code section 1775; b. Consultant shall maintain and make available payroll and worker records in accordance with Labor Code sections 1776 and 1812;
c. If Consultant employs (and/or is legally required to employ) apprentices in performing the work and/or services under this Agreement, Consultant shall ensure compliance with Labor Code section 1777.5; d. Consultant is aware of the limitations imposed on overtime work by Labor Code sections 1810 et seq. and shall be responsible for any penalties levied in accordance with Labor Code section 1813 for failing to pay required overtime wages;

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e. Consultant shall post a copy of the applicable wage rates at each jobsite at a location readily available to its workers;
f. Any failure of Consultant and/or its subconsultant to comply with the above requirements relating to a public work project shall constitute a breach of this Agreement that excuses the City’s performance of this Agreement at the City’s sole and absolute option and shall be at the sole risk of Consultant. Consultant on behalf of itself and any subconsultant, agree to indemnify, defend and hold harmless the City and its officials, officers, employees, and agents from and against any and all claims, liabilities, losses, costs, expenses, attorney’s fees, damages, expenses, fines, financial consequences, interest, and penalties, of any kind or nature, arising from or relating to any failure (or alleged failure) of the Consultant and any subconsultant to pay prevailing wages or to otherwise comply with the requirements of prevailing wage law relating to a public work; and
g. Consultant acknowledges that it and/or any subconsultant may not engage in the performance of any contract for public work unless currently registered with the DIR and qualified to perform public work pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

17. 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 to exchange relevant information and perspective, and to attempt to resolve the dispute. If no resolution is achieved, and if, but only if, the parties mutually agree, then prior to pursuing formal legal action, the parties shall make a good faith effort to resolve the dispute by non-binding mediation or negotiations between representatives with decision-making power, who, to the extent possible, shall not have had substantive involvement in the matters of the dispute. To the extent that the dispute involves or relates to a public works project, the Parties agree to attempt to resolve the dispute by complying with the claims process as set forth in Public Contract Code sections 9204(e), 20104-20104.6, but without waiving the requirements of the California Tort Claims Act, Gov’t Code section 800 et seq. unless otherwise agreed to by the Parties.

18. Force Majeure. Neither party hereto shall be considered in default in the performance of its obligation hereunder to the extent that the performance of any such obligation is prevented or delayed by an act of God, natural disaster, pandemic, acts of terrorism, war, a strike, lockout or other labor difficulty, or other peril, which is beyond the reasonable control of the affected party and without the negligence of the respective Parties. Each party hereto shall give notice promptly to the other of the nature and extent of any Force Majeure claimed to delay, hinder or prevent performance of the services under this Agreement. Each Party will, however, make all reasonable efforts to remove or eliminate such a cause of delay or default and will, upon the cessation of the cause, diligently pursue performance of its obligations in this Agreement. In the event either party is prevented or delayed in the performance of its respective obligation by reason of such Force Majeure, the only remedy is that there may be an equitable adjustment of the schedule based on City’s sole discretion.

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

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

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

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

23. 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.

24. MacBride Principles/Peace Charter. City of Santa Cruz Resolution NS-19,378 (7/24/90) encourages all companies doing business in Northern Ireland to abide by the MacBride Principles and Peace Charter.

25. 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:

Parks and Recreation Department
Mike Godsy
323 Church Street
Santa Cruz, CA 95060
[email protected]
831-420-5279
To CONSULTANT:

Bureau Veritas Technical Assessments LLC
Erik Pillar
6021 University Boulevard, Suite 200
Ellicott City, MD
[email protected]
800-733-0660 x7292704
Changes to the above information shall be given to the other party in writing ten (10) business days before the change is effective.

26. 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.

27. Warranty of Authority. The signatories to this Agreement warrant and represent that each is authorized to execute this Agreement and that their respective signatures serve to legally obligate their respective representatives, agents, successors and assigns to comply with the provisions of this Agreement. [SIGNATURES ON FOLLOWING PAGE]

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Signature Requirements for 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 as follows:
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 Approved As To Form:

By: _____________________________ Date: __________________ Office of the City Attorney

CITY OF SANTA CRUZ
By: _____________________________ Date: __________________ Matt Huffaker
City Manager

CONSULTANT
By: _____________________________ Date: __________________ Printed: ___________________________ Title: __________________ By: _____________________________ Date: __________________ Printed: ___________________________ Title: __________________ , Ashley Wheelock
July 25, 2024

15.13 City of Santa Cruz Professional Services Agreement for Parks & Recreation Facilities Condition Assessment August 2024 (Form Rev.01/24) Page 12
EXHIBIT A: SCOPE OF WORK
Consultant will conduct facility condition assessments for the parks, facilities and asset types listed in the "Parks & Recreation Assets" document included as part of this Exhibit. Consultant will further follow the technical approach outlined by Consultant in its Response to the RFP, pages 17 through 27, which are incorporated herein and included within this Exhibit after the Parks & Recreation Assets document.

Task 1 - Preparation
Review all relevant documentation provided by City, including:
• City of Santa Cruz Facility Condition Assessment (2013) • Parks Master Plan 2030 (2020)
• City of Santa Cruz Facility List and Schedule of Values (2022) • Play Equipment Needs Assessment and Playgrounds CIP Plan (2022) • Harvey West Pool Feasibility Study (2024)
Review and finalize list of assets to be inspected in collaboration with City contact.

Gain agreement with Director on assessment methodology for each asset type. Level of detail could vary by park/facility or asset type. Could include pilot inspection/assessment of a representative park or selection of assets and discussion of results.

Gain agreement with Director on condition rating system to be used.

Finalize project schedule in collaboration with Director, identifying needed involvement of City Staff at each stage. Prepare and take feedback on initial table of contents and sample format of final report.

Task 1 Deliverables:
• Finalized Parks & Recreation Asset List
• Finalized assessment methodology
• Finalized condition rating system
• Finalized project schedule
• Initial table of contents and sample format of final report Task 2 - Site inspections
Visit all parks and facilities included on finalized Parks & Recreation Asset List. Assess all listed assets.

Interview site managers as needed.

15.14 City of Santa Cruz Professional Services Agreement for Parks & Recreation Facilities Condition Assessment August 2024 (Form Rev.01/24) Page 13
Particular attention is called to the non-building assets listed, including paving, irrigation, and recreational amenities. Consultants should include team members with required technical knowledge of these asset types and plan time for their investigation.

In addition to physical condition, consultants should identify areas where assets do not meet current building code requirements, Americans with Disabilities Act and Architectural Barriers Act guidelines, or industry best practices for the asset type.

Task 2 Deliverables:
• Log of completed inspections
Task 3 - Analysis and reporting
Perform the necessary compilation and analysis of inspection data to prepare a written report that includes the following information:
• Park/facility summary of Current replacement value for each asset and park/facility . • Estimated remaining useful life for each asset .
• Current condition rating for each asset and park/facility . • Deferred maintenance to Complete list of identified deficiencies/needed repairs and estimated cost to correct each.
• Compile work needed to bring each park/facility and asset type to a condition rating (or options) agreed upon with Director.
• Prioritize deferred maintenance and repairs to complete, considering life safety, code compliance, functionality, costs of deferring maintenance, strategic importance of asset, and target condition rating.
• Identify any assets recommended for decommissioning.
• Present a system-wide strategy for maintenance investment over the next 10 years. • Provide routine maintenance recommendations and schedules for top 10 asset types (by current replacement value) based on industry standards.
• 10 year investment plan for Parks & Recreation Assets.

Task 3 Deliverables:
• Final written report
• Also provide an Excel spreadsheet or other data management tool containing all identified maintenance needs, sortable by location, asset type, and recommended implementation year or priority.

15.15 City of Santa Cruz Professional Services Agreement for Parks & Recreation Facilities Condition Assessment August 2024 (Form Rev.01/24) Page 14
Task 4 - Presentation
Present findings, if requested, in person at (1) Parks & Recreation Commission meeting and (1) City Council meeting.

Task 4 Deliverables:
• • Presentation at (1) Parks & Recreation Commission meeting • • Presentation at (1) City Council meeting
Vendor will agree to remove any employee whose conduct is improper, inappropriate, or offensive as determined by the City. A removed employee(s) is not to work on City premises without the written consent of the City. The Vendor will remove any employee from working in, or delivering to, City facilities who is convicted of a felony during his/her employment
Responsibilities of City
The City will provide:
• A designated City contact during the course of the project. • Access to the facilities needed to complete the work and interviews with maintenance staff as agreed upon in the final project schedule.
• Records requested to the extent they are available and accessible.

15.16 Park/Facility Name Size (acres) # Buildings
Building Sq. Ft.

Paved Roadways
Paved Parking
Paved Pathways/Sidewalks/
Plazas
Boardwalk/Bridge/Deck/Stairs/
Arbor
Site/Retaining Walls
Fencing/Railings
Site Electricity/Solar
Lighting
Water/Irrigation
Stormwater Infrastructure
Water Feature
Pool
Baseball/Softball Field
Artificial Turf Field
Basketball Court
Tennis/Pickleball Court
Volleyball Court
Playground
Picnic Areas
Bike Park
Skate Park
Public Art
Signage
Site Furnishings
Arana Gulch Open Space 67.7 0 0 XX X X
Beach Flats Community Center N/A 1 8,386Beach Flats Park 0.2 0 0 XXXXXXXX XX X Bethany Curve 3.4 0 0 X X XX
Central Park 0.2 0 0 X X X X XX X
Chestnut Park 0.3 0 0 X X X X XX XX
City Hall Gardens 2.5 1 100 X X X X XXCivic Auditorium 0.9 1 34,739 X X Cowell Beach 0.2 2 450 XXXXX XX
DeLaveaga Park
Audrey Stanley Grove 5.0 0 0 X XXXX XDeLaveaga Archery Range 5.0 2 4,340 X X XXXX DeLaveaga Disc Golf Course 40.0 0 0 X X XDeLaveaga Golf Course 151.0 5 46,100 X X X XXXXXX XX X DeLaveaga Wilderness 269.0 0 0 X X X
George Washington Grove 3.0 1 120 X X X X XX
Lower DeLaveaga Park 47.0 8 1,161 X X X XXXXXX X XXX XX Depot Park 9.0 3 4,160 X XXXXX X X X XX
Frederick St. Park 4.0 2 443 XXXXXXXX XXX X XX
Garfield Park 1.8 1 334 XXX XXXX X XX XX
Grant Park 2.4 1 396 X XXXXX X X XXX XXHarvey West Park 44.8 22 18,784 XXXXXXXXXX XX XXXX XXXJohn D. Franks Park 0.5 0 0 X X X XX X La Barranca Park 2.3 0 0 X X X XXLaurel Park 1.8 0 0 X XXXXX X X XXLighthouse Ave. Park 0.4 0 0 X X X X XX X London Nelson Community Center N/A 1 20,085 X
Main Beach 0.5 1 816 X XXXX XX X
Market St. Senior Center 0.3 1 5,400 X X
Mike Fox Park 1.3 0 0 X X X X X X X X X X XX
Mission Plaza Park 0.9 0 0 X XXXXX XX
Neary Lagoon Park 1.3 1 100 X X X X X X X X X X XX
Neary Lagoon Wildlife Refuge 37.0 1 160 X X X X XX
Ocean View Park 3.1 1 100 X X X X X X X
Pacific Avenue 4.9 0 0 X XParks Administration Building 0.2 2 5,384 X XPoets Park and Beach Flats Community Garden 0.1 1 100 X X X X X XX X
Pogonip Clubhouse ‐ Golf Club Drive 1.4 1 8,000 X X XXRiverside Gardens 0.5 1 100 XX XXXXX XX X San Lorenzo Park 11.1 3 1,733 X X XXXXXX X X XX
Sgt. Derby Park 3.7 0 0 XX XX X X X X
Star of the Sea Park 2.1 0 0 X X X XX
Town Clock 0.2 1 225 X X XXXXX XXX
Trescony Park 2.0 0 0 X XXXX XX X
Tyrell Park 1.2 0 0 X XXXXX XXX
University Terrace Park 8.7 0 0 X X XX XX X XX
West Cliff 14.6 1 630 X X XXX
Westlake Park 6.0 0 0 X X X X X X XWestside Pump Track 0.2 0 0 X X XX XWharf Headquarters N/A 1 8,234TOTAL 696 66 162,346 7 9 33 11 13 29 23 21 41 24 6 1 3 2 7 4 4 21 8 4 3 4 38 37 Buildings Hardscape Utilities Water Elements Recreational Amenities Site Furnishings Assets List

15.17 17
Technical Approach

DATA GATHERING AND INTERVIEW
Our project plan details distinct phases of the project. During each phase, we will require coordination and support from the City’s maintenance management.

Data Gathering Phase – BVTA will need the support of staff who can provide us access to drawings and records. The
following is a typical list of exhibits requested.
• Inspection reports (sewer, boiler, chiller, etc)
• Current park maps and amenity list
• Building systems Maintenance Records
• Maintenance policy documentation
• Owner elected repair list (if available)
• Original building plans (can be viewed on-site)
• Capital expenditure schedules (prior or planned)
• Fire protection / life safety plans
• Rehabilitation budget and scope (draft or final)
• Certificates of occupancy / facility license
• Prior assessments
• Site plan / floor plans
• Accessibility transition plans / studies
• CMMS / IWMS data set
In addition to the drawings and records, we will supply a presurvey questionnaire for each facility or site. Our expectation is that someone with knowledge of maintenance and
operations of the facility will complete this survey and be prepared to discuss it with us while on-site.

Site Phase – BVTA will need support in the form of escorts while in the facilities to help us access mechanical areas, to discuss with us any known issues in the facility, and to answer other technical questions.

Report Review Stage – BVTA will provide a complete
deliverable for each building.

CLIENT COORDINATION
Project Director – BVTA will become familiar with the City’s existing Project Directory - property list and contact directory for each location. We will contact or interview the facilities contacts as part of tour process to determine current use requirements and priority of properties based on agency goals.

Site Access – Working with the City, we will develop
procedures to gain access. Our visits will be coordinated and pre-approved by the City prior to the visit. We will work with the City to establish a protocol that will ensure that our activities will have minimal disruption to the operation of each facility and will maintain a safe work environment.

TEAM COMPOSITION
The project will be managed by a Program Manager who
will be your single point of contact. Reporting to the
Program Manager will be several Project Managers who are architectural and engineering subject matter experts (SME) in the evaluation of building systems and generating the reports. We evaluate the building portfolio to determine which team members will be assigned to particular sites.

Larger or more complex sites will have both an architect and an engineering SME. Smaller or simpler buildings will have a single SME field assessor that understands all building systems.

Prior to assessments beginning, BVTA will conduct a Kick-Off Meeting to review requirements and to consolidate exhibits such as drawings and prior completed reports.

During the term of the project, BVTA will conduct regular Progress Meetings to maintain open communication with
the entire project team and the City. BVTA will lead with an agenda that includes a focus on work plan, schedule, and project needs. This will permit the opportunity to
proactively address challenges encountered, so that course adjustments may be made. Each meeting will conclude with task assignments, schedules, and goals to be met. BVTA
will provide the City with a written status report that tracks and monitors the progress of the assessments against the schedule submitted.

BVTA has allocated time for regular teleconference
meetings and the following meetings: Kick-Off Meeting
(teleconference), City Council Meeting (1), Parks and
Rec Commission Meeting (1), and a and a Final Findings
Presentation meeting. Any additional in-person meetings will be on a time and expense basis.

Work Plan

FIELD ASSESSMENTS
The Assessment Team will conduct a walk-through
survey of the facility and park site to observe systems and components, identify physical deficiencies, and formulate recommendations to remedy the physical deficiencies.

As a part of the walk-through survey, the Team will survey 100% of each park or facility. BVTA will survey the exterior and grounds, including the building exterior, roofs, sidewalk/ pavement, and recreational/other areas as applicable. They will interview the building and/or park maintenance staff about the property’s historical repairs and replacements and their costs, level of preventive maintenance exercised, pending repairs and improvements, and frequency of repairs and replacements. The Assessment Team will develop

4. TECHNICAL APPROACH AND WORK PLAN

15.18 18
opinions based on their site assessment, interviews with the City’s building maintenance staff, and interviews with relevant maintenance contractors, municipal authorities, and experience gained on similar properties previously
evaluated.

The Team may also question others who are knowledgeable of the property’s physical condition and operation or
knowledgeable of similar systems to gain comparative
information to use in evaluation of the subject property.

The Assessment Team will review documents and information provided by the City’s maintenance staff that could aid the knowledge of the property’s physical improvements,
extent and type of use, and/or assist in identifying material discrepancies between reported information and observed conditions.

The facility condition assessment will include the Cityidentified assets and will focus on the following facility and site systems and components:

Site + Infrastructure
• Topography: Observe general topography and note any
unusual or problematic features or conditions observed
or reported.
• Paving, Curbing, and Parking: Identify material types of paving and curbing systems at the property.
• Flatwork: Identify material flatwork at the property
(sidewalks, plazas, patios, etc.).
• Landscaping and Appurtenances: Identify material
landscaping features, material types of landscaping
(fences, retaining walls), and site appurtenances
(irrigation systems, fountains, lighting, signage, ponds). • Utilities: Identify type of material utilities provided to the property (water, electricity, natural gas); and assess condition, physical deficiencies, life cycle repair, and replacement issues.
• Fencing and Walls: Identify the material fencing/walls at the park site. Observe the general conditions and note
any physical deficiencies observed or reported.

Park Amenities
BV will work with the City to develop a customized approach for park amenity inventory and condition assessments. In a parks and recreation system there will be multiple amenities within each park, BV will observe and inventory the below amenities:
• Park related buildings / structures (concession stands, ticket areas, pools, etc) - FCA OPTION
• Park furniture (benches, tables, bike racks, water
fountains, trash cans, recycling)
• Picnic shelters
• Site lighting
• Parking lot pavement & striping
• Spray grounds
• Playground equipment
• Playground surfacing
• Playground curbs/walls/fencing park sites.
• Perimeter fencing
• Court surfacing (pavement, sand, clay)
• Court painting/striping/markings
• Court fencing
• Court lighting
• Court equipment (tennis nets, volleyball nets, basketball hoops, goal posts)
• Bleachers
• Flag poles and bases
• Field equipment (soccer goals, dugout benches,
bleachers, plates)
• Site electrical (including electrical connections)
• Docks
• Dog park fountain
• Dog park gates
• Dog park fencing
• Dog park surfacing (mulch, grass)
• boat ramps
• 36 park pedestrian bridges
• 37 gates (parking lots, trail entrances)
• 38 fitness course equipement
• 39 concrete pads (picnic shelters, bench footings, trash can footings, etc.)
• 40horseshoe pits/bocce courts/shuffleboard courts/
handball courts
• 41 ponds
• 42 pond fencing
• 43 signage (wayfinding, park ID, playground)
• 44 backflow preventers
• 45 grills/bbqs
• 46 skate park elements
• 47 skate park surfacing
• 48 bike pump track surfacing (erosion, routes clear of weeds)
• 49 handrails (ADA compliance)
• 50 All other amenities not listed here but present within any park site
NOTE: The Park Amenity Condition Assessment doesn’t
include observations of underground assets, irrigation
systems, and tree/plant inventory.

Recreational Facilities
• Identify any material on-site recreational facilities such as athletic fields, swimming pools, spas, tennis
or basketball courts, jogging or bicycle paths, etc.

Observe the general conditions and note any reported
physical deficiencies or any unusual items or conditions

15.19 19
observed or reported.

Swim Facilities
• Observe the general conditions and note any physical
deficiencies identified or any unusual items or
conditions observed. This would include the swimming
pool and any structures/facilities associated with the
swim amenity.
• Observations will include visual inspection of the
pumps, water treatment or filtration systems, and
heating equipment.

Trailheads
• Identify the length, width, material structure and
condition of each trail-head within each park facility. • Check for compliance against National Recreation and
Park Association (NRPA) standards including facility size, orientation, and density.

Ball Field + Playfield + Tennis/Basketball Courts
• Identify the orientation, size, use, material structure, and condition of each ball field / playfield / tennis or basketball court within each park facility.
• Check for compliance against National Recreation and
Park Association (NRPA) standards including facility size, orientation, and density.
• Identify the playing surface, presence of drainage /
irrigation systems, and lighting. Observe the general
conditions and note any physical deficiencies identified or any unusual items or conditions observed.

Park Restrooms / Changing Rooms / Showers
• Assess all park restroom facilities for deterioration or major deficiencies.
• Identify materials used and general condition of doors, locks, paint and hardware.
• If requested by the client, provide GIS locations for all shelters or picnic areas.

Parking Lots
• Assess the flatwork, paving, lighting and curbing at all park lots.
• Observe flatwork condition for cracks or major
deficiencies.
• Review and note any compliance or accessibility issues at each site.
• Count the number parking/accessible parking spots.

Shelter / Picnic Area
• Identify the material elements of all overhead shelters and picnic area tables.
• Observe the general condition of all picnic area elements and note any major deficiencies.
• If requested by the client, provide GIS locations for all shelters or picnic area.

Playground Areas
• All playground equipment will be observed and
inventoried.
• BV will identify the, size, and material structure of all playground equipment at each park facility.
• BV will identify the condition of the playground
equipment and take photos of any deficiencies
identified.

EV Charging Stations
• With information provided by the client document the
payment software providing access to the charging
station, if any.
• Identify the power source for the EV charging station and if possible, determine if the power used is billed to a client electrical meter.
• Determine the age of the equipment and review for
deterioration from weather and use. Identify the
remaining useful life of the charging station equipment and the cost to replace the equipment.
• Review the signage, paving and surface materials around the charging stations for deterioration.

Exhibits, Monuments, and Plaques
• Review the exhibit signage for deterioration and estimate its remaining useful life(RUL) and the cost to replace the signage.
• For larger exhibits review any building materials used in the exhibit design and opine on their condition
and Remaining Useful Life and the cost to replace the
materials.
• Comment on the condition of the paving and retaining
walls at exterior exhibits and estimate their Remaining Useful Life
Structural Frame + Building Envelope
• Identify material elements of the structural frame and exterior walls, including the foundation system, floor
framing system, roof framing system, facade or curtainwall system, glazing system, exterior sealant, doors, commercial overhead doors, sliders, windows, and
stairways, etc.
• Observe general conditions and note any physical
deficiencies identified or unusual items or conditions
observed. Observations may be subject to grade, and
rooftop vantage points.
• Visually inspect observable areas for cracking and
moisture infiltration as well as areas of apparent
foundation settlement and displacement.

15.20 20
• In the event more information or exploratory testing is required, in order to provide remedial measures, the
report may include recommendation for additional
investigative testing (Tier 1 or Tier 2).

Wall Evaluation
• Photograph elevations and details both from internal
and external vantage points, as well as from adjacent
structures where possible.
• Observe representative operable and fixed panels on all facades, operating a representative sample of units to
assess hardware and visually inspect exterior conditions and condition of waterproofing seals.
• Assess curtain wall condition to determine water
infiltration, damage, caulk degradation, metal panel
degradation, stone degradation and anchoring, and
other related curtain wall issues.

Curtain Wall
• Review curtain wall condition and a sampling of fixed panels on facades to assess hardware and visually review exterior conditions and the condition of waterproofing
seals, where accessible without the use of lifts, ladders, scaffolding, suspension devices, or the like; may include observations from internal and external vantage points, as well as adjacent structures. Observations are limited to grade and may include accessible balconies or
rooftop vantage points.
• Review provided drawings and records of repair,
replacement, and maintenance of framing and glazing.

Roofing (Non-Invasive Visual)
• Identify material roof systems (roof type, reported age, slope, drainage) and any unusual roofing conditions or
rooftop equipment.
• Observe general conditions of the roof system
(membranes, attachment methods, flashings,
counter flashings, pitch pans, gravel stops, parapets,
miscellaneous appurtenances, insulation).
• Observe for evidence of material repairs, significant ponding, or evidence of material roof leaks. Note if a
roof warranty is in effect. Note any physical deficiencies identified or unusual items observed or reported.
• Identify material rooftop equipment or accessories
(antennas, lightning protection, HVAC equipment, solar
equipment). Include any material problems reported.
• BVTA understands that the City will provide OSHA
compliant ladders, lifts and/or scaffolding (depending
on roof type) so that the Project Manager may safely
access roof areas. If requested, BVTA can provide a quote for lift and/or ladder access as needed. Observations will be limited to readily accessible areas.

Plumbing
• Identify material plumbing systems at the property
including domestic water supply, sanitary sewer, or any special or unusual plumbing systems (such as water
features, fuel systems, gas systems, etc.).
• Identify type and condition of restroom fixtures, drinking fountains and/or other plumbing equipment.
• Observe general conditions and note any physical
deficiencies identified or unusual items or conditions
observed. Include any reported material system
inadequacies.

Heating
• Identify material heat generating systems at the property. • Observe general conditions, identify reported age
of the equipment, note past material component
replacements/upgrades, note apparent level of
maintenance, and identify if a maintenance contract is
in place. If heating equipment is not operational at the time of the walk-through survey, provide an opinion of
the condition to the extent reasonably possible.
• Identify and observe any special or unusual heating
systems or equipment present (fireplaces, solar heat,
etc.) and note any reported material problems or
inadequacies.

Air-Conditioning + Ventilation
• Identify the material air-conditioning and ventilation systems at the property. Include material equipment
such as cooling towers, chillers (type of refrigerant
used), package units, split systems, air handlers, thermal storage equipment, etc.
• Identify material distribution systems (supply and
return, make-up air, exhaust) at the property.
• Observe general conditions, identify equipment
reported age, note past material component upgrades/
replacements and apparent level of maintenance, and
identify if a maintenance contract is in place (contractor name). If AC and ventilation systems are not operational at the time of the walk-through survey, provide an
opinion of the condition to the extent reasonably
possible.
• Observe general conditions and note any physical
deficiencies identified or unusual items or conditions
observed. Additionally, include any material reported
system inadequacies or operating deficiencies.
• Identify and observe any special or unusual airconditioning and ventilation systems or equipment (cold storage systems, special computer cooling equipment,
etc.) and note any material reported problems or system inadequacies.

15.21 21
Electrical
• Identify the electrical service provided and distribution system at the property.
• Include material switchgear disconnects, circuit
breakers, transformers, meters, emergency generators,
general lighting systems, and other such equipment or
systems.
• Observe general electrical items (distribution panels, type of wiring, energy management systems, emergency
power, lightning protection).
• Observe general conditions and note any physical
deficiencies identified or unusual items or conditions
observed. Also, note the presence of any special or
unusual electrical equipment, systems, or devices at the property, and include reported material problems or
system inadequacies.

Life Safety + Fire Protection
• Identify material life safety/fire protection systems at the property, including sprinklers and stand pipes (wet or dry), fire hydrants, fire alarm systems, water storage, smoke detectors, fire extinguishers, emergency lighting, stairwell pressurization, smoke evacuation, etc.
• Observe general conditions and note any material
physical deficiencies identified or unusual items or
conditions observed or reported including any reported
system inadequacies.

Elevators + Vertical Transportation
• Identify vertical transportation systems at the property.

Include the equipment manufacturer, equipment type,
location, number, capacity, etc.
• Observe elevator cabs, finishes, call and communication equipment, etc.
• Identify the company that provides elevator/ escalator maintenance at the property. Observe general conditions and note any physical deficiencies identified or unusual items or conditions observed or reported including any
reported material system inadequacies.
• Out of Scope Issues: Performing any calculations,
examination of operating system components such
as cables, controller, motors, etc.; entering elevator/ escalator pits or shafts.

Interior Elements
• Identify offices, special use areas, and building
standard finishes, including flooring, ceilings, walls, etc.

Furnishings and fixed components will be reviewed and
included in the cost estimate tables for replacements.

BVTA will identify material building amenities or special features.
• Observe general conditions and note any physical
deficiencies identified or unusual items or conditions
observed or reported.

Food Service Spaces and Equipment
• Assess all food service equipment and spaces (kitchen, cafeteria, dining, serving areas). Food service equipment (fixed equipment) will be evaluated for adherence to
life/ safety code and ventilation requirements as well for condition and capital replacement.

Special Systems and Equipment
• Include all special systems and equipment, such as
Emergency Medical Systems (EMC), chillers, radio
towers, equipment lifts, chair lifts, chemical storage or treatment areas, storage tanks, dumbwaiters, vaults,
public address systems, and telephone systems.

Limited Accessibility Compliance
• Provide a general statement of the subject building’s likely compliance to the Americans with Disabilities Act to help identify whether Client may be exposed to issues and whether there is the need for further review.

Energy Conservation Analysis
• Consider energy conservation savings when making
repair or replace recommendations and include these
projects in the project prioritization.
• Able to provide an Energy Audit (ASHRAE Level I, II, or III) or Benchmarking (EnergyStar) services as an additional
service.

Ranking and Classification
Based upon our observations, research and judgment, along with consulting commonly accepted empirical Expected
Useful Life (EUL) tables; BVTA will render our opinion as to when a system or component will most probably necessitate replacement.

Accurate historical replacement records provided by the facility or park manager are typically the best source for this data. Exposure to the weather elements, initial system quality and installation, extent of use, the quality and amount of preventive maintenance exercised are all factors that impact the effective age of a system or component. As a result, a system or component may have an effective age that is greater or less than its actual age. The Remaining Useful Life (RUL) of a component or system equals the EUL less its effective age.

CONDITION RANKING OF BUILDING SYSTEMS / EQUIPMENT
/ PARK AMENITY
BVTA can rate the condition of each facility with the below rating system, or another City-specified scale:
5 Excellent – No visible defects, new or near new condition, may still be under warranty if applicable
4 Good – Good condition, but no longer new, may be
slightly defective or deteriorated, but is overall functional 3 Adequate – Moderately deteriorated or defective, but
has not exceeded useful life 15.22
22 2 Marginal – Defective or deteriorated in need of
replacement; exceeded useful life
1 Poor – Critically damaged or in need of immediate repair; well past useful life
BVTA can also include alternative categories to rank and weight priorities as required by the City, such as functional deficiencies, aesthetics, time-based urgencies, and other mission critical factors.

PRIORITY CLASSES
The analysis will include all cost observations be ranked by Priority Classes. The five classes to the right are typical but can be altered to meet your specifications and needs.

1. Currently Critical (Immediate): Requiring immediate
action including a cited safety hazard and areas
of accelerated deterioration, returning a building
component to normal operation.

2. Potentially Critical (Years 1-2): Requiring action in the next year including components experiencing
intermittent operations, potential life safety issues, and rapid deterioration, returning a building component to
normal operation.

3. Necessary—Not Yet Critical (Years 3-5): Requiring
appropriate attention to preclude predictable
deterioration, potential downtime, additional damage,
and higher costs to remediation if deferred further.

4. Recommended (Years 6-10; Years 15-20): Representing
a sensible improvement to the existing conditions
(not required for the most basic function of the facility; however, will improve overall usability and/or reduce
long-term maintenance costs.

5. Does Not Meet Current Code (“Grandfathered”): No
Action required at this time but should substantial work be undertaken correction would be required.

DEFICIENCY CATEGORIES (UNIFORMAT)
The deficiencies observed will be classified into categories such as those below using the Uniformat System (Level 4):

A10 Foundations
A20 Basement Construction
B10 Superstructure
B20 Exterior Enclosure
B30 Roofing
C10 Interior Construction
C20 Stair
C30 Interior Finishes
D10 Conveying
D20 Plumbing
D30 HVAC
D40 Fire Protection
D50 Electrical
E10 Equipment
E20 Furnishings
F10 Special Construction
F20 Selective Building Demolition
Cost Estimating
BVTA’s cost estimating database is comprised of RS Means data and further customized with proprietary cost tables developed by BVTA, based on historical and localized actual costs. BVTA maintains and updates our Uniformat-based cost estimating system with information received from the field.

Through construction monitoring work, we have current
cost data from hundreds of in-progress construction and rehabilitation projects. This data allows us to calculate costs based on local conditions to maintain a cost database that is typically more current than RS Means’ models.

Each report will include a Capital Needs Analysis including an estimated cost for each system or component repair or replacement anticipated during the evaluation term. The report will provide options for repair of the deficiency, and the capital needs analysis will be presented as an Excelbased cost table that includes a summary of the description of each component, the age and estimated remaining useful life, the anticipated year of repair or replacement, quantity, unit cost and total cost for the repair of each line item.

A consolidated Capital Needs Analysis will be presented that includes all anticipated capital needs for all buildings. The cost estimate for capital deficiencies will be based on the estimate for maintenance and repair, but may at the City’s option, also include project management, construction,
and design fees derived using actual costs from previous projects. After determining these costs, we will confirm these costs with the City Staff.

Report Deliverables
BVTA will provide an in-depth report including a description of each of the parks or building components and systems as described in the approach sections above. Each report is organized by building system and include digital photos of major systems and components and of all deficiencies identified. Reports will include current and anticipated repairs and deficiencies, recommended repair and
component life-cycle replacements, and applicable options for repair or maintenance of building component and park amenities.

The Capital Needs analysis will include a cost database sorted by park amenity or building system and ranked by priority for repair. The format of the database will allow for

15.23 23
reporting by building, system, or priority for repair, and a year-by-year analysis of capital needs.

PARK CONDITION INDEX / FACILITY CONDITION INDEX
A Condition Index (PCI/FCI) will be calculated for each park/building. This index will be a function of required repairs compared to replacement costs. The PCI/FCI will be generated from the data collection/capital planning
database and will be updated as components age or are
replaced.

CAPITAL PLAN
Reports will reflect a 5, 10, or 20-year capital plan based on BVTA’s 20-year park/building system evaluation. The analysis will include a cost table sorted by park/building and system and ranked by priority for repair. Tables will allow for the customization of reporting and a year-by-year capital needs analysis.

Prioritization Methodology Park Condition Score (PCS)
and Amenity Condition Score (ACS)
A major goal of the Facility Condition Assessment (FCA) is to benchmark individual parks with other parks within the portfolio, and amenities with other amenities either within the same park and across the portfolio. To achieve a rating for each park, the Park Condition Score (PCS) is developed; similarly, an Amenity Condition Score (ACS) is used to
compare amenities. To assist in the overall prioritization effort, the following terms are used at the Component and Amenity level: • Component: individual elements of the amenity or park that are evaluated and assigned conditions and GPS
coordinates. Examples of components include benches,
trash receptacles, tennis nets, playground surfaces, or split-rail fencing.
• Amenity: defined as a group of components that
constitute a major feature of the park, logically grouped together by purpose and/or proximity. Examples of an
amenity include a basketball court, a softball field, a dog park, picnic area, or playground.
• Current Renewal Value (CRV): the cost in today’s dollars of the major constituent parts that make up the whole: » for Parks: CRV = renewal cost of all developed amenities within it (land value is excluded)
» for Amenities: CRV = renewal cost of all significant
components within it

15.24 24
•
The Amenity Condition Score (ACS) is a score calculated from an algorithm comprising a weighted average of the
conditions of all the components within it.

AMENITY CONDITION SCORE (ACS) FORMULA = SUM [
Remaining Value / Renewal Value (RenV) of combined
components]
Remaining value = RenV multiplied by RUL/EUL
The Park Condition Score (PCS) is the total score for a single park property calculated from the sum of the Amenity
Condition Scores (ACSs) for each amenity within the park.

PARK CONDITION SCORE FORMULA = SUM [Remaining
Value]/ SUM [Renewal Value]
Prioritization Metrics Park Condition Score (PCS) and
Amenity Condition Score (ACS)
A major goal of the Facility Condition Assessment (FCA) is to benchmark individual parks with other parks within the portfolio, and amenities with other amenities either within the same park and across the portfolio. To achieve a rating for each park, the Park Condition Score (PCS) is developed; similarly, an Amenity Condition Score (ACS) is used to
compare amenities.

The PCS and ACS metrics have been developed so that the higher the score, the less the park or amenity needs short term financial attention, due to its relative condition. The lower the score, the more attention is needed. An increasingly low score indicates an increased need to address deficiencies, provide replacements or make essential repairs. The lower the score, the more the amenity or park requires renewal or replacement. Both PCS and ACS scores range from 0 to 100.

The color coding reflects the score definition. Higher scores are assigned a sliding scale of green, with 100 assigned the deepest green. Yellow indicates a condition in the middle of the range, with yellow green in the high mid ranges, and yellow red in the low mid ranges. Scores in the low range are assigned a sliding scale of red, with 0 assigned the deepest red.

FAILED CONDITION - 0 EXCELLENT CONDITION -100
The table on the following page shows the PCS condition score of this park, along with the ACS condition score of each amenity within the park:

15.25 25
The report will include:
• An Executive Summary with graphic presentation of
results to provide a quick, user-friendly summary of
the property’s observed condition and estimated costs
assigned by category. Estimated costs shall be crossreferenced to report sections and elaboration of cost issues will be presented.
• Components observed that are exhibiting deferred
maintenance issues and estimates for immediate and
capital repair costs based on observed conditions,
available maintenance history and industry-standard
useful life estimates. If applicable, this analysis will include the review of any available documents
pertaining to capital improvements completed within
the last five-year periods, or currently under contract.

BVTA shall also inquire about available maintenance
records and procedures and interview current available
on-site maintenance staff.
• Recommended schedule for replacement or repairs
(schedule of priorities).
• Digital photographs for the park amenities / buildings including photos of deficiencies.
• General description of the property and
improvements and comment generally on
observed conditions.
• Critical repairs and life safety issues
separately from repairs anticipated over the
term of the analysis.
• PCI/FCI number for the site.

BVTA will submit PDF draft reports electronically
and once approved and finalized, a program
summary report to include a roll-up of all
prioritized capital needs across all facilities. All
electronic copies of the report will include all text,
deficiency tables, digital photos, and supporting
documentation and report appendices.

Deficiency Categories / Plan Types
Each deficiency identified in the Assessment
shall be classified in the following manner (or
other Client defined categories):

Category 1 - Scheduled Maintenance:

Maintenance that is planned and performed
on a routine basis to maintain and preserve the
condition.

Category 2 - Deferred Maintenance:

Maintenance that was not performed when it
was scheduled or is past its useful life resulting
in immediate repair or replacement.

Category 3 - Capital Renewal: Planned replacement of
building systems that have reached the end of their useful life.

Category 4 - Energy and Sustainability: When the repair or replacement of equipment or systems are recommended
to improve energy and sustainability performance.

Category 5 - Security: When a system requires replacement due to a security risk or requirement.

Program-wide Report
In addition to each building report, BV will develop a
Program-wide Report that includes a ranked system-wide
Capital Plan for all facilities with programmatic conclusions and recommendations. The Program Report includes a brief narrative description of each facility/building component and system, and discusses the current, anticipated repairs, deficiencies, and of all buildings assessed. The Program Report analyses will include tables sorted by building
system and ranked by priority for repair. The format of the tables will allow for the several perspectives of reporting by FCI, building, system, or priority for repair, and a year-byyear analysis of capital needs.

15.26 26
AssetCALC™ - Assessment Software and
Database Deliverable
Bureau Veritas proposes utilizing AssetCALC™ as its platform for all data collected on this project. AssetCALC™ is a cloud platform developed, licensed, maintained, and supported solely by Bureau Veritas for our clients. The use of this software is at your option and there are no licensing fees for this software for two (2) years.

AssetCALC™ is a web-based SQL database platform that
enables users to:
• query, edit, and analyze their facility condition data • plan immediate and short-term repairs
• budget capital expenditures throughout the lifecycle of a building or an entire portfolio
The system unites Bureau Veritas’ experienced field data collection methods with advanced planning and reporting tools, construction cost libraries, location mapping (GIS) features, digital photo management, and document storage.

DATA DEVELOPMENT
AssetCALC™ includes a configurable facility hierarchy and asset data architecture - this will include all of your assets grouped based on site location, asset group, and function.

Data can be exported to an Excel, XML, or an ODBC database format compatible for upload into your CMMS, EAM, or
work-order systems.

FEATURES INCLUDE:
• Facility/Park Condition Assessment access:
– Component/system descriptions

15.27 27
– Locations – Conditions and EUL/RUL – Repair and replace recommendations – Digital photos – Search and Sorting Functionality • Prioritization of maintenance projects • UniFormat II Cost Database • Project Budgets and Capital Plans • Unlimited concurrent user licensing • Secure IT platform and back-ups • Client is the owner of data collected and residing in the database
• Online User Training and Documentation

REPORTING
AssetCALC™ includes more than a dozen
standard options for data summaries and reports: • Facility Condition Index (FCI) Reports • Rank and Prioritize Capital Improvement Projects
• Deferred Maintenance Backlog • Facility Queries (by building, priority, system, or dollar deficiency amount)
• Capital Budget Planning • Year-by-Year Capital Needs Analysis • 5, 10, or 20-Year Replacement Reserve Reports
• Custom 3rd party form automation available

INTEGRATION WITH CMMS/IWMS/GIS
BV will be delivering to Client a live asset
management plan that can be maintained and
kept up-to-date by staff.

BV will provide training to staff on maintaining
the on-going monitoring program to track
facilities/parks, work performed, re-prioritization
of maintenance projects, and how to update this
information in the database. The data from the
FCA can be exported to Excel or ODBC database
for data migration to most CMMS/IWMS systems.

GIS Import - This customized approach includes
both data review and validation of existing
information and use of a database export utility to
interface with ArcVIEW and ArcGIS. The utility will
allow data (GPS) exports to standard formats such
as CSV and XLS. This process ensures a controlled
environment where output and input fields can be
monitored.

15.28 City of Santa Cruz Professional Services Agreement for Parks & Recreation Facilities Condition Assessment August 2024 (Form Rev.01/24) Page 15
EXHIBIT B: FEE SCHEDULE

15.29 30
The following fees include all costs associated with travel, lodging, car rental, food, tools, equipment, and all other miscellaneous expenses applicable to the work related to this project.

SERVICES FEE (Fixed Price)
Facility and Park Assessment – Base
- Methodology: PCI for Parks; FCI for Facilities
$134, 486.30
Option: Facility and Park Assessment w/ PCIs
- Methodology: PCI for Parks and Facilities (8,390.85 Additive) $142,877.15
Option: Facility Assessment - Santa Cruz 911 Center
- 11,000 SF and 830 SF - 495 Upper Park Rd., Santa Cruz, CA 95065 $3,819.33

HOURLY RATES
Team Role Hourly Rate ($)
Project Executive $190.00
Program Manager $140.00
Project Manager I (PE/RA) $120.00
Project Manager II (PE/RA) $130.00
Quality Control Manager $135.00
Technical Report Reviewer $115.00
Administrative $80.00
BV will submit a monthly invoice inclusive of all services performed during that period. The per site fee will be established per the schedule of values provided at the program kick-off, and invoiced at the billing milestones stated below. Invoices will be payable within 30 days of receipt:

Completion of onsite assessments: 50% of per site fee
Delivery of Draft Reports: 45% of per site fee
Delivery of Final Reports: 5% of per site fee
Upon receipt of each monthly invoice, the amount due per billing milestone is fully collectible. Please forward payments to: Accounting Department, Bureau Veritas Technical Assessments LLC, PO Box 74007289, Chicago, IL 60674-7289 or contact [email protected] to pay via credit card or to receive wiring instructions. Please ensure that BV Proposal or invoice number is clearly identified on all payments and correspondence for proper credit.

Please submit all draft comments to BV within 60 days of draft delivery. Unless otherwise communicated, BV will consider all drafts approved for finalization after 60 days, and the remaining balance due will be invoiced.

COST PROPOSAL
Exhibit B

15.30 City of Santa Cruz Professional Services Agreement for Parks & Recreation Facilities Condition Assessment August 2024 (Form Rev.01/24) Page 16
EXHIBIT C: WORK SCHEDULE

15.31 ID Task Name Start
1 Notice to Proceed Mon 9/2/24
2 Review Period with Santa Cruz Mon 9/2/24
3 Mobilization and Program Planning Mon 9/2/24
4 Database Review and Customization Tue 9/10/24
5 Kickoff Meeting Mon 9/23/24
6 Progress Updates (teleconference) Mon 9/23/24
16 Field Data Collection - Pilot Program Assessments Mon 9/23/2417 Pilot Program Assessment and Draft Report Mon 9/23/24 18 Pilot Data Santa Cruz Review Fri 10/4/24
19 Pilot Review Meeting (Teleconference) Thu 10/17/24
20 Protocol and Procedures Revisions Fri 10/18/24
21 Field Data Collection Mon 10/28/24
22 Team 1: Facility/Park Conditon Assessments Mon 10/28/24 23 Team 2: Facility/Park Conditon Assessments Mon 11/11/2424 Draft Report Deliverable Period - Data Development Mon 11/4/24 25 Draft Report Deliverable (Rolling Delivery) Mon 11/4/24 26 Santa Cruz Review of Draft Report Mon 12/2/2427 Draft Review Meeting (Teleconference) Mon 1/6/25 28 Final Report Deliverable Period Mon 1/6/25
29 Revisions to Reports and Migration to CMMS Mon 1/6/25 30 Final Presentation / Meeting Mon 1/20/25
31 City Council and Parks/Rec Commission Meetings (TBD) Mon 1/20/25 9/2
9/23
10/17
1/6
1/201/20
8/25 9/1 9/8 9/15 9/22 9/29 10/6 10/13 10/20 10/27 11/3 11/10 11/17 11/24 12/1 12/8 12/15 12/22 12/29 1/5 1/12 1/19 1/26 September October November December January Fe
TaskSplitMilestoneSummary
Project SummaryExternal TasksExternal MilestoneInactive Milestone Inactive SummaryManual TaskDuration-onlyManual Summary Rollup Manual SummaryStart-onlyFinish-onlyExternal Tasks
External MilestoneProgressDeadline

Project: Facility and Park Condition AsDate: Tue 7/23/24 Exhibit C

15.32 City of Santa Cruz Professional Services Agreement for Parks & Recreation Facilities Condition Assessment August 2024 (Form Rev.01/24) Page 17
EXHIBIT D: INSURANCE REQUIREMENTS
Consultant shall procure and maintain insurance against claims for injuries to persons or damages to property and otherwise which may arise from or in connection with the performance of the work under this Agreement and the results of that work by Consultant, its agents, representatives, employees, or subcontractors.

A. CERTIFICATE REQUIREMENTS
The City will be issued a Certificate of Insurance (a Memorandum of Understanding will not be accepted) with the following minimum requirements:
• Certificate(s) will show current policy number(s) and effective dates, • Coverage and policy limits will meet, or exceed, requirements below, • The Certificate Holder will be City of Santa Cruz, Risk Management, 1200 Pacific Ave., Suite 290, Santa Cruz, CA 95060,
• Certificate will be signed by an authorized representative, • An endorsement, if required below, will be provided to show the City, its officers, officials, employees, and volunteers as additional insureds, and
• Coverages must be maintained during the term of the Agreement with the City, unless a longer duration is required as specified below.

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

Coverage will be at least as broad as:
• COMMERCIAL GENERAL LIABILITY (CGL): $1,000,000 PER OCCURRENCE; $2,000,000 AGGREGATE Proof of coverage for $1 Million per occurrence and $2 Million in the aggregate including products and completed operations, property damage, bodily injury, personal and advertising injury will be provided on Insurance Services Office (ISO) Form CG 00 01 covering CGL. • PROFESSIONAL LIABILITY (ERRORS AND OMISSIONS): $2,000,000 PER OCCURRENCE OR CLAIM, $2,000,000 AGGREGATE.

Consultant will maintain insurance appropriate to Consultant’s profession; with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after date of completion of the services under this Agreement. If coverage is canceled or non-renewed and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date or start of work date, Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the contract of work.
• AUTOMOBILE LIABILITY:

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

15.33 City of Santa Cruz Professional Services Agreement for Parks & Recreation Facilities Condition Assessment August 2024 (Form Rev.01/24) Page 18
The Worker’s Compensation policy must be endorsed with a waiver of subrogation in favor of the City for all work performed by the Consultant and its employees. (Not required if Consultant provides written verification it has no employees) - If Consultant has no employees, Consultant shall complete and sign a Workers’ Compensation Exemption Declaration and Release of Liability.

The insurance policies are to comply with the following provisions:
• ADDITIONAL INSURED STATUS
The City, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of Consultant including materials, parts, or equipment furnished in connection with such work or operations, products and completed operations. General liability coverage will be provided in the form of an endorsement to Consultant’s insurance at least as broad as ISO Form CG 20 10 11 85, or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 (if a later edition is used).
o PRIMARY COVERAGE
For any claims related to this Agreement, Consultant’s and all subcontractor’s insurance coverage will be primary and non-contributory as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents, or volunteers will be excess of Consultant’s and all subcontractor’s insurance and will not contribute with it.
• NOTICE OF CANCELLATION
Each insurance policy required above shall state that the coverage shall not be canceled, except with notice to the City.
• WAIVER OF SUBROGATION
Consultant hereby grants to the City a waiver of any right to subrogation, except as otherwise not applicable, which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss, including attorney’s fees under such insurance. Consultant agrees to obtain any endorsement that may be necessary to effectuate this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. • EXCESS LIABILITY/UMBRELLA INSURANCE POLICIES
Consultant may use excess liability/umbrella policies to meet the required liability limits on the condition that they provide all of the insurance coverages required herein, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The excess liability/umbrella insurance policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying CGL insurance. No insurance policies maintained by the additional insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Consultant’s primary and excess liability policies are exhausted. • DURATION OF COVERAGE
CGL & Excess Liability/Umbrella policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained, and evidence of insurance must be provided, for at least five (5) years after completion of the contract of work.

15.34 City of Santa Cruz Professional Services Agreement for Parks & Recreation Facilities Condition Assessment August 2024 (Form Rev.01/24) Page 19
• SELF-INSURED RETENTIONS (SIR)
Self-insured retentions must be declared to and approved by the City. City may require Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related expenses.

The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
• ACCEPTABILITY OF INSURERS
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII, unless otherwise acceptable to the City.
• CLAIMS MADE POLICIES
If any of the required policies provide coverage on a claims-made basis:

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

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

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

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

D. SPECIAL RISKS/CIRCUMSTANCES
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances and provide notice to Consultant.

15.35 City Council

AGENDA REPORT
DATE: 07/24/2024
AGENDA OF: 08/13/2024
DEPARTMENT: Parks and Recreation
SUBJECT: Main Beach Public Restroom Renovation Project (c301913) – Notice of Completion (PR)
RECOMMENDATION: Motion to accept the work of CWS Construction Group, Inc. (Novato, CA) as completed per plans and specifications and authorize the filing of the Notice of Completion for the Main Beach Public Restroom Renovation Project (c301913) BACKGROUND: On September 12, 2023, the City Council approved the plans, authorized staff to advertise for bids and award contracts, and authorized the Director of Parks and Recreation to execute change orders within the approved project budget for the Main Beach Public Restroom Renovation Project (c301913). The project involved nearly a complete rebuild of the existing restroom. Construction began in January 2024.

The City received a $727,682 grant award for the project through the Clean California Local Grant Program (CCLGP). CCLGP includes nearly 296 million dollars of fiscal year 2021/22 State of California General Funds and is administered by the California Department of Transportation (Caltrans). It was established under California Assembly Bill 149 (Sec. 16) and is part of a nearly 1.1 billion dollar Clean California Initiative focused on litter abatement, beautification, public safety, and public education to reduce trash.

DISCUSSION: The restroom renovations were completed in May 2024 in time for the busier, summer season. The facility performs a critical service for Main Beach and receives extensive use. Higher quality design materials were used on the exterior of the building to improve the appearance because of its prominent location on the beach front, some of which included a zinc metal roof, custom privacy screens for the entryways, and three custom mosaic tile wall murals with artwork designed by local artist Taylor Reinhold. The project has been inspected by the Parks and Recreation Department and found to be constructed in accordance with the agreement.

Health in All Policies: The project enhances equity by improving beach access and improves public health by providing support facilities which encourage exercising, relaxing, and engaging in social activities.

FISCAL IMPACT: The total construction cost was $967,270.29. The project’s construction was funded through a combination of funds from the CCGLP Grant Award and Parks and Recreation Facility Tax Funds.

16.1 Prepared By:

Noah Downing
Park Planner
Submitted By:

Tony Elliot
Director of Parks and
Recreation
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. NOTICE OF COMPLETION.DOC

16.2 Notice of Completion page 1 of 1
(Space above for Recorder’s use only)
This instrument is being recorded for the benefit of the City of Santa Cruz.

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

NOTICE OF COMPLETION
(CA Civil Code Sections 8102 and 9204)
NOTICE IS HEREBY GIVEN THAT:

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

1. The Owner’s Name and Address. The Project owner is the City of Santa Cruz, a municipal corporation (the “City”). The City’s mailing address is 809 Center Street, Santa Cruz, California 95060. The City of Santa Cruz has the following interest in the subject Property described below:

City Property

2. Project Title and Number. The full name of the work of improvement/public works project (the “Project”) which is the subject of this Notice of Completion is: Main Beach Public Restroom Renovation Project c301913

3. Nature of Work Performed on the Property or Materials Furnished for the City. The Project consisted of work described as: Rebuild and renovation of a public restroom.

4. The general site location description or address (the “Property”) of the public improvement is located at: 120 Beach Street, Santa Cruz, CA 95060.

5. Name and Address of Contractor. The Contractor on the Project is: CWS Construction Group, Inc. 1301 Grant Ave., Ste B, Novato, CA 94945.

6. Date of Completion. The Project on the Property was completed on: June 27, 2024

7. The filing of this Notice of Completion was authorized by the Santa Cruz City Council Minute Order on Tuesday, August 13, 2024
DATE:

Tony Elliot
Direction of Parks and Recreation, City of Santa Cruz
RECORDED AT THE REQUEST OF:

City of Santa Cruz, Parks and Recreation
Attn: Noah Downing, Park Planner
WHEN RECORDED MAIL TO:

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

16.3 City Council

AGENDA REPORT
DATE: 07/25/2024
AGENDA OF: 08/13/2024
DEPARTMENT: Parks and Recreation
SUBJECT: 2024 Wharf Repair Project – 1st Amendment for Engineering Services and Budget Adjustment (PR)
RECOMMENDATION: Motion to:
1) Approve and authorize the City Manager to execute a first amendment to the Professional Services Agreement with Moffatt & Nichol for Engineering Services in the amount of $80,300 for the 2024 Wharf Repair Project, in the form approved by the City Attorney. The Director of Parks and Recreation is authorized to execute contract amendments within the approved project budgets;
2) Adopt a resolution amending the FY 2024 budget to increase the revenue and expenditure budgets for the December 2023 Storm Repair Project (e302402) by the amount of $2,069,371.51; and
3) Adopt a resolution amending the FY 2024 budget to increase the revenue and expenditure budgets for the February 2024 Storm Repair Project (e302403) by the amount of $1,481,324.93.

BACKGROUND: The Santa Cruz Wharf experienced powerful storms in December 2023 and in February 2024. These storms damaged structural members 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 City of Santa Cruz 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 to strengthen and reinforce the existing structure at these locations.

On February 2, 2024, California Governor’s Office of Emergency Services announced a Governor’s Proclamation to secure funding to help the County of Santa Cruz respond to and recover from the 2023 high surf events.

On February 13, 2024, the Santa Cruz City Council adopted Resolution No. NS-30,286 declaring the existence of a state of emergency arising from the December 2023 and February 2024 winter storms.

On April 13, 2024, President Biden declared a major disaster in the State of California that made Public Assistance requested by the Governor available to eligible local governments on a cost17.1 sharing basis for emergency work and the repair or replacement of facilities damaged by severe winter storms in Santa Cruz County. This declaration also made Hazard Mitigation Grant Program assistance requested by the Governor available for hazard mitigation measures.

Parks and Recreation staff recognized the City’s immediate need for a marine engineering firm to prepare plans and specifications for necessary repairs, and reached out to Moffatt & Nichol, a regional leader in coastal infrastructure engineering and long-time consulting engineer for the Wharf.

MOFFAT & NICHOL CONTRACT AWARD. On March 28, 2024, Moffatt & Nichol submitted a proposal in the amount of $98,300 to the Parks and Recreation Department for engineering services to 1) determine the full extent of damages to the end of the Wharf from the winter storms; 2) evaluate the undamaged structure and supports; and 3) prepare construction drawings and specifications necessary for the solicitation of competitive bids to repair and strengthen the end of the Wharf.

Chapter 3.08.150 of the Santa Cruz Municipal Code states that “a contract may be awarded without competition when the purchasing manager or its designee determines in writing, after conducting a good faith review of available sources, that there is only one source for the required supply, service, or construction item. The purchasing manager or its designee shall conduct negotiations, as appropriate, as to price, delivery, and terms.” A Sole Source Justification memo and Price Reasonableness Analysis was compiled by Parks and Recreation staff and was submitted to the Purchasing Manager in early April 2024.

The Purchasing Manager reviewed and evaluated the documentation and determined that a sole source justification was reasonable and appropriate given the following qualifiers: 1) The scope of work was in relation to two disaster declarations and of an emergency nature; and 2) Moffatt & Nichol was uniquely qualified to conduct the work quickly given the firm’s many years of experience dealing with the unique design and construction of the Wharf in addition to their ability to identify engineering solutions to complicated repair and strengthening challenges at the Wharf.

Additionally, Moffatt & Nichols’ proposed cost was found to be reasonable and appropriate for the scope of services to be performed. On April 13, 2024, a professional services agreement to develop plans and specifications for the repair work was executed between the City and Moffatt & Nichol.

Plans and specifications were subsequently completed and on June 25, 2024, the City Council approved a motion to accept the plans and specifications, authorized release of the project for bid, and authorized staff to award a contract for the repair work.

DISCUSSION: Although Parks and Recreation staff will be responsible for overall project management, given the nature of the repair work to be performed at the Wharf it was determined that staff has limited technical capacity to evaluate the effectiveness of the work. Accordingly, Moffatt & Nichol was asked to provide a proposal for engineering support services and provided same in the amount of $80,300. Key elements of the engineering support include: 1) respond to requests for information submitted by the construction contractor during the construction phase, 2) review required submittals from the contractor during construction; 3) conduct site visits to observe progress; 4) review the scope and reasonableness of costs, provide recommendation for

17.2 approval to the City; 5) issue any necessary drawings and specifications related to change orders; 6) review, approve, and sign contractor payment requests; 7) identify items requiring correction and issue a punch list, certify completion of the punch list and prepare a letter of recommendation for acceptance; and 8) prepare as-built drawings of record.

Staff recommends 1) amending the Moffatt & Nichol Professional Services Agreement to include these additional engineering support services; and 2) approving associated budget adjustments to appropriate anticipated revenue and expenditures to the projects associated with the December 2023 and February 2024 Wharf storm damage repair work.

HEALTH IN ALL POLICIES: The 2024 Wharf Repair Project and the Moffatt & Nichol contract amendment are consistent with the Health in All Policies pillars of Equity, Public Health, and Sustainability. The project 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: Projected total costs for the 2024 Wharf Repair Project are $3,550,697.

Funding is expected as follows:

Insurance Proceeds: $2,000,000.00
FEMA – Feb 2024 Storms: $360,993.70
FEMA and CalOES – Dec 2023 Storms: $892,277.06
General Fund (match for FEMA reimbursement): $30,082.81 Liability Fund or Legislative Ear Mark: $267,342.88
TOTAL: $3,550,696.44
Two emergency projects (e302402 and e302403) created in the Disaster Cost Recovery Fund 170 will be used to track expenses and secure disaster reimbursement.

Prepared By:

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

Tony Elliot
Parks & Recreation Director
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. PROFESSIONAL SERVICES AGREEMENT FIRST AMENDMENT.PDF

2. BUDGET ADJUSTMENT – DECEMBER 2023 STORM REPAIR PROJECT E302402.PDF

3. BUDGET ADJUSTMENT – FEBRUARY 2024 STORM REPAIR PROJECT E302403.PDF

17.3 Amendment to Professional Services Agreement for Wharf Repairs Engineering Services August 2024 Page 1

FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT

WITH MOFFAT & NICHOL
THIS FIRST AMENDMENT (“First Amendment”), effective as of August 13, 2024 (“effective date”) to the PROFESSIONAL SERVICES AGREEMENT dated April 13, 2024, is made by and between the CITY OF SANTA CRUZ (“City”) and Moffat & Nichol (“Consultant”). City and Consultant may be referred to individually as a “Party” and collectively, as the Parties.”

RECITALS
WHEREAS, City and Consultant have previously entered into that certain Professional Services Agreement (“Agreement”) dated April 13, 2024, incorporated herein by this reference; WHEREAS, City and Consultant desire to enter into this First Amendment to the Agreement to amend Exhibit A, Scope of Work, and Exhibit B, Fee Schedule, as specified herein.

AGREEMENT
NOW, THEREFORE, it is agreed between the Parties to incorporate the above Recitals hereto, and that the Agreement is hereby amended as follows:

1. Exhibit A, Scope of Work, of the Agreement is hereby amended to supplement the prior Exhibit A, Scope of Work; and

2. Exhibit B, Fee Schedule, of the Agreement is hereby amended to supplement the prior Exhibit B, Fee Schedule, of the Agreement.

Notwithstanding these amended terms of the original Agreement by this First Amendment, all other applicable terms and conditions of the original Agreement and attachments shall remain in full force and effect. The terms of this First Amendment shall control if any conflict exists.

Each party acknowledges that it has reviewed this First Amendment 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 First Amendment.

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

The Parties may execute this First Amendment in one 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.

The signatories to this First Amendment warrant and represent that each is authorized to execute this First Amendment and that their respective signatures serve to legally obligate their respective representatives, agents, successors and assigns to comply with the provisions of this First Amendment. [SIGNATURES ON FOLLOWING PAGE]

17.4 Amendment to Professional Services Agreement for Wharf Repairs Engineering Services August 2024 Page 2
Approved As To Form:

By: _____________________________ Date: __________________ Office of the City Attorney

CITY OF SANTA CRUZ
By: _____________________________ Date: __________________ Matt Huffaker
City Manager

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

17.5 Amendment to Professional Services Agreement for Wharf Repairs Engineering Services August 2024 Page 3
EXHIBIT A: AMENDED SCOPE OF WORK
(begins next page)

17.6

2185 N. California Blvd., Suite 500
Walnut Creek, CA 94596-3500
(925) 944-5411 Fax (925) 944-4732
www.moffattnichol.com
July 17, 2024
Norm Daly, Development Manager
City of Santa Cruz, Economic Development and Housing Department 337 Locust Street
Santa Cruz, CA 95060 (Via email: [email protected]) Subject: Proposal for 2024 Wharf Repair Project - Engineering Support Services Dear Norm,
We are writing to describe the engineering support services we propose to provide to the City of Santa Cruz (“the City”) for the bid and construction phase of the storm damage repairs to Santa Cruz Wharf (“the Wharf”). Our understanding of the required services is based upon your email of May 8, 2024 and our involvement in the previous design phase. We propose the following as an amendment to our existing contract.

Scope of Services
8) Engineering Support Services
The effort for providing engineering support services for construction is difficult to determine in the proposal phase. Our fee is based on what we deem a reasonable effort for a contractor that is familiar with timber pier construction. The scope of work for this task is as follows.

8.1) RFI Response
We will respond to RFIs during the construction phase. For the purposes of this proposal, we are assuming that 10 RFIs will be submitted.

8.2) Submittal Review
We will review submittals received from the Contractor. Review and approval of the contractor crane path of travel and mat design is considered a part of our submittal review.

8.3) Site Visits & Memos
We will perform six site visits during construction to observe the progress of the project. One of the site visits will occur at the beginning of construction for a preconstruction meeting. The final

17.7

Santa Cruz Wharf Repairs--Proposal
July 17, 2024
site visit will be performed at the end of the project for the purpose of developing a punch list.

These site visits will include short memorandums regarding our findings.

8.4) Review for Scope and Cost Reasonableness, Approve, and Sign Contractor Change Order Requests We will review the scope and reasonableness of the cost provided by the selected contractor. We will then provide our recommendation for approval to the City. This will include the review of change order requests.

8.5) Issue Drawings and Specifications Related to Change Orders We will issue any necessary drawings and specifications related to change orders.

8.6) Review, Approve, and Sign Contractor Payment Requests We will review contractor payment requests and provide our recommendation for approval to the City.

8.7) Issue and Certify Completion of Punch List
We will identify items requiring correction and issue a punch list. We will also certify completion of this punch list and prepare a letter of recommendation for acceptance.

8.8) Preparation of As-Built Record Drawings
We will prepare as-built drawings with contractor input.

M&N Deliverables: RFI and submittal responses, review and recommendation of acceptance for contractor scope and fees and any change orders, six site visit memorandums, drawings and specifications necessary for change orders, punch list, recommendation for project acceptance, as-built drawings City Deliverables: N/A
Proposal Assumptions:

1. All work to be performed during construction will be able to be performed under the existing maintenance permits.

2. The City will provide their maintenance crew boat as needed for site visits.

3. Contractor will communicate with Moffatt & Nichol during the phase we are preparing as-built drawings.

17.8

Santa Cruz Wharf Repairs--Proposal
July 17, 2024
Fee
We propose to provide the above services on a lump sum basis to be billed percent complete by task monthly.

This fee, presented in the table below, and broken down on the attached schedule, will be in addition to our existing contract regarding design services for Santa Cruz Wharf repairs. The project is scheduled to be completed at the end of construction.

We appreciate your continued confidence in Moffatt & Nichol and look forward to being of further assistance to the City of Santa Cruz. Should you have questions, please contact Brad Porter at (925) 956-4939, [email protected] or Justin Estrada at (925) 278-7700, [email protected].

Sincerely,
Brad Porter, PE Justin Estrada, EIT

MOFFATT & NICHOL
Task / Sub-Task Budget ($)
8 Engineering Support Services

8.1 RFI Response 8,600

8.2 Submittal Review 13,600

8.3 Site Visits & Memos 20,200

8.4 Review for Scope and Cost Reasonableness, Approve, and Sign Contractor Change Order Requests
8,000

8.5 Issue Drawings and Specifications Related to Change Orders 6,800

8.6 Review, Approve, and Sign Contractor Payment Requests 6,600

8.7 Issue and Certify Completion of Punch List 2,500

8.8 Preparation of As-Built Record Drawings 10,900
Quality Control / File Management 2,600
Expenses 500
Total 80,300

17.9 Amendment to Professional Services Agreement for Wharf Repairs Engineering Services August 2024 Page 4
EXHIBIT B. REVISED FEE SCHEDULE
See budget as set forth in Exhibit A, “Scope of Work”, p. 3 of Moffatt & Nichol Proposal for Engineering Services Santa Cruz Wharf Repairs.

17.10 City of Santa Cruz

BUDGET ADJUSTMENT REQUEST
$GPLQLVWUDWLYH$SSURYDO
)LVFDO<HDU

ACCOUNT 352-(&71$0(
LIDSSOLFDEOH
255(9(18($&&28177,7/(
ACCOUNT 352-(&71$0(
LIDSSOLFDEOH
25EXPENDITURE ACCOUNT TITLE
NET: $

REQUESTED BY DEPARTMENT HEAD

APPROVAL

BUDGET/ACCOUNTING
5(9,(:('

FINANCE DIRECTOR

APPROVAL

CITYMANAGER

APPROVAL
5HVR

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

TOTAL EXPENDITURE

TOTALREVENUE
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3FWJTFE
/PWFNCFS


 Clear Form
2024
07/25/2025
Appropriate anticipated revenue and expenditures to the emergency projects associated with the December 2023 Wharf storm damage repair work (e302402).
170-30-00-0000-46923 e302402-493-5025-0 Insurance Reimbursements 1,000,000 170-30-00-0000-43227 e302402-250-2270-0164 OES disaster relief 802,029 170-00-00-0000-49106 e302402-929-0-0 Transfer in from Liability Fund 267,343 2,069,372
170-30-00-0000-54990 e302402-100-2020-289 Miscellaneous supplies and services 2,069,372 842-00-00-0000-59129 267,343
2,336,714
-267,343
Lindsay
Bass
Digitally signed
by Lindsay Bass
Date: 2024.07.25
12:37:29 -07'00'
Lindsay
Bass
Digitally signed
by Lindsay Bass
Date: 2024.07.25
12:37:39 -07'00'
Edward
Torres
Digitally signed by
Edward Torres
Date: 2024.07.26
01:06:25 -07'00'
Elizabet
h Cabell
Digitally signed by
Elizabeth Cabell
Date: 2024.07.26
10:32:12 -07'00' 17.11
City of Santa Cruz

BUDGET ADJUSTMENT REQUEST
$GPLQLVWUDWLYH$SSURYDO
)LVFDO<HDU

ACCOUNT 352-(&71$0(
LIDSSOLFDEOH
255(9(18($&&28177,7/(
ACCOUNT 352-(&71$0(
LIDSSOLFDEOH
25EXPENDITURE ACCOUNT TITLE
NET: $

REQUESTED BY DEPARTMENT HEAD

APPROVAL

BUDGET/ACCOUNTING
5(9,(:('

FINANCE DIRECTOR

APPROVAL

CITYMANAGER

APPROVAL
5HVR

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

TOTAL EXPENDITURE

TOTALREVENUE
'DWH

1VSQPTF
3FWJTFE
/PWFNCFS


 Clear Form
2024
07/25/2025
Appropriate anticipated revenue and expenditures to the emergency projects associated with the February 2024 Wharf storm damage repair work (e302403).
170-30-00-0000-43191 e302403-150-2270-0163 FEMA disaster relief 360,994 170-30-00-0000-43227 e302403-250-2270-0164 OES disaster relief 90,248 170-00-00-0000-49106 e302403-929-0-0 Transfer in from Liability Fund 30,083 170-30-00-0000-46923 e302403-493-5025-0 Insurance Reimbursements 1,000,000 1,481,325
170-30-00-0000-54990 e302403-100-2020-289 Miscellaneous supplies and services 1,481,325 842-00-00-0000-59129 30,083
1,511,408
-30,083
Lindsay
Bass
Digitally signed
by Lindsay Bass
Date: 2024.07.25
12:37:29 -07'00'
Lindsay
Bass
Digitally signed
by Lindsay Bass
Date: 2024.07.25
12:37:39 -07'00'
Edward
Torres
Digitally signed by
Edward Torres
Date: 2024.07.26
00:57:59 -07'00'
Elizabet
h Cabell
Digitally signed by
Elizabeth Cabell
Date: 2024.07.26
10:32:55 -07'00' 17.12
City Council

AGENDA REPORT
DATE: 07/29/2024
AGENDA OF: 08/13/2024
DEPARTMENT: Public Works/City Manager
SUBJECT: Pogonip Nature Loop Trail Encampment Clean-up Contract (PW/CM) RECOMMENDATION: Motion to approve refuse collection and encampment clean-up work in the Pogonip through a Single Source agreement with Kenny Robinson Construction in an amount not to exceed $140,000. The Public Works Director is authorized to execute change orders within the approved project budget.

BACKGROUND: The Pogonip Creek Nature Loop Trail area within the Pogonip open space has experienced the development of a sizable homeless encampment over the past several months. These camps, spread over a dispersed area, have significantly increased in size over the past few months, growing into an environmental hazard that presents a risk to public safety, health and welfare.

DISCUSSION: The encampment located in the Pogonip Nature Loop Trail area presents a significant risk to public safety, health and welfare. Environmental degradation is occurring in open space areas, and encampment-related pollution poses direct risks to environmentally sensitive habitats in the area. In addition, this location is considered a high fire risk location, and is challenging for police to safely conduct enforcement activities, and for the Fire Department to respond to emergency calls for service, including fires. Furthermore, City staff do not feel safe working in and around the Pogonip without a police escort. To effectuate the clean-up, staff requested proposals from multiple refuse disposal contractors. A bid walk was conducted with three potential vendors on June 18, 2024, and proposals were required to be submitted by June 27, 2024. Staff received 2 bids and recommends that Council authorize the City Manager to execute an agreement with Kenny Robinson Construction, which submitted the low bid, in an amount not to exceed $140,000.

Per Section 3.08.150 of the Purchasing Ordinance, staff submitted on July 23, 2024, the Single Source justification to the Purchasing Manager, and was given approval on the informal process give the below time constraints of the project.

Reason for “Single Source” Agreement
Price Reasonableness Analysis was reviewed based on cost and timeline for completing the abatement. The goal for a successful abatement project is the complete removal of debris and environmental hazards in a reasonable time frame to reduce the likelihood of people scavenging through the PD Notice to Vacate encampments and the increased possibility of fire and/or debris being taken to other areas of Pogonip. Another factor for a reasonable time frame is the reduction

18.1 of personnel costs for dedicated HRT Police and overtime patrol officer presence to conduct site walks each morning and on-call availability.

Kenny Robinson Construction based their bid on a per day basis with a 15-day completion date.

RMC created their bid based on 30 sites versus days. Staff compared both RMC and Kenny Robinson based on 15-days and Kenny Robinson’s per day rate was the most reasonable for the scope of services they are being asked to provide.

Equip Cost
per day Labor rate
Cost per day
for 15-days Total Notes
RMC $778.58 $4798/site $5,576.58/site 30 $11150.11 $167,251.58 RMC billed
for 30 sites,
assumption is
10hr/day
Kenny
Robinson $633.33 $8700/day $9,333.33/day 15 $9333.33 $140,000.00 KRC billed
per day
Clean Team
Associates No Bid
A "Single Source" exception is necessary because of time constraints and the urgency to abate the growing encampments due to fire risk, environmental hazards, and public safety. The contractor has experience in abating camps in wooded areas, they have the right equipment, staff, experience with hazardous materials and biowaste disposal, and are able to complete the work in a timely manner. The contractors all discussed the challenges, which include lack of a direct, safe and manageable access due to narrow single-track trails, the amount of debris, and need to access the multiple job sites from the far furthest point away easy vehicle access.

Pogonip is wooded open-space park with trails, and there is ongoing concern of fire risk from the City of Santa Cruz Fire Department if encampments aren’t abated during the hot weather and dry season.

FISCAL IMPACT: Funds for contracted encampment response and clean-up work have been appropriated in Public Works operating budget for FY25. There is no new impact to the General Fund.

Prepared By:

Larry Imwalle
Homelessness Response
Manager
Submitted By:

Nathan Nguyen, P.E.

Director of Public Works
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. MEMO SINGLE SOURCE POGONIP NATURE LOOP CLEANUP.PDF

18.2 M E M O R A N D U M
DATE: July 23, 2024
TO: Elizabeth Millwee, Purchasing Manager
FROM: Filipina Warren, Public Works Operations Manager
SUBJECT: Single Source Justification for Pogonip Nature Loop Trail Background
There have been a number of CRSP reports regarding active camps in Pogonip along the Nature Loop Trail, which involved incidents between the public hiking on the trail and people experiencing homelessness (PEH) and their unleased dogs, as well as, the Fire Department’s response to active fires.

It was determined at the Homelessness Response Policy team and Encampment Assessment Team meetings that noticing and immediate abatement of the camps was warranted due to potential fire risk.

The Homelessness Response Team (HRT), which includes the Homelessness Response Field Crew (HRFC) Supervisor, HRT Police and Outreach conducted multiple visits to get a headcount on encampments and provide outreach services. During this time, the HRFC Supervisor considered whether abatement could be done with city staff or if a contractor would be needed due to the amount of debris, access to/from the camps, and ability to safely remove the debris. The combined count of active and abandoned sites was up to 40, which is more than HRFC can safely abate along with Parks and Rec open space staff, and the job requires a larger team to be able to hand carry the majority of the debris, and specialized equipment to access and transport the debris. The staff’s initial estimate for abatement with a contractor was under $100k.

On June 18, 2024, the Homelessness Response Team scheduled a job walk with contractors for the Pogonip Nature Loop Trail, to review the camps that would need to be abated due to fire risk and growing environmental hazards and public safety. The contractors that participated in the job walk were Kenny Robinson Construction, Restoration Management Company, and Clean Team Associates.

Reason for “Single Source” Agreement
Price Reasonableness Analysis was reviewed based on cost and timeline for completing the abatement.

The goal for a successful abatement project is the complete removal of debris and environmental hazards in a reasonable time frame to reduce the likelihood of people scavenging through the PD Notice to Vacate encampments and the increased possibility of fire and/or debris being taken to other areas of Pogonip. Another factor for a reasonable time frame is the reduction of personnel costs for dedicated

18.3 HRT Police and overtime patrol officer presence to conduct site walks each morning and on-call availability.

Kenny Robinson Construction based their bid on a per day basis with a 15-day completion date. RMC created their bid based on 30 sites versus days. Staff compared both RMC and Kenny Robinson based on 15-days and Kenny Robinson’s per day rate was the most reasonable for the scope of services they are being asked to provide.

Equipment
Cost/day Labor rate
Cost per
day for 15-
days Total Notes
RMC $778.58 $4798/site $ 5,576.58/site 30 $11150.11 $ 167,251.58 RMC billed for 30 sites,
assumption is 10hr/day
Kenny
Robinson $633.33 $8700/day $ 9,333.33/day 15 $9333.33 $ 140,000.00 KRC billed per day Clean
Team
Associates No Bid
A "Single Source" exception is necessary because of time constraints and the urgency to abate the growing encampments due to fire risk, environmental hazards, and public safety. The contractor has experience in abating camps in wooded areas, they have the right equipment, staff, experience with hazardous materials and biowaste disposal, and are able to complete the work in a timely manner. The contractors all discussed the challenges, which include lack of a direct, safe and manageable access due to narrow single-track trails, the amount of debris, and need to access the multiple job sites from the far furthest point away easy vehicle access.

Pogonip is wooded open-space park with trails, and there is ongoing concern of fire risk from the City of Santa Cruz Fire Department if encampments aren’t abated during the hot weather and dry season.

Due to the time constraints, City Manager’s HRT will submit a staff report to the August 13, 2024 Council meeting for approval.

CC:

Nathan Nguyen, Director of Public Works
Filipina Warren, Public Works Operations Manager
Jenna Wilson, Management Analyst
Larry Imwalle, Homelessness Response Manager
Attachments:

Proposals
Bid Tabulation

18.4 3
Lindsay Nelson
From: Bonnie Bush
Sent: Sunday, August 11, 2024 9:58 PM
To: City Council
Subject: Fwd: Please vote to cleanup Pogonip
Bonnie Bush
City Clerk
City of Santa Cruz
809 Center St., Room 8, Santa Cruz, CA 95060
Phone: 831-420-5035
Email:[email protected] Web: www.cityofsantacruz.com Begin forwarded message:

From: LoriAnn Tarter <[email protected]>
Date: August 11, 2024 at 9:47:05 PM PDT
To: Bonnie Bush <[email protected]>
Subject: Please vote to cleanup Pogonip
****CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.**** To the City Council of Santa Cruz:

Please vote to clean up the Nature Trail Loop at Pogonip. My husband and I are avid hikers, and after our recent experiences at Pogonip I am compelled to write to you and urge you to remove the camps and trash that have impeded hikers for far too long. This is not only a fire and pollution concern, it is a physical safety concern.

Earlier this year, my husband and I began our hike at the Nature Trail of Pogonip, and were astounded at the vast amounts of trash on this beautiful trail. We passed by significant pieces of furniture, shopping carts, bicycles and mounds of trash amidst tarps and camps. It was not only hazardous, but very unnerving to come across dangerous items that completely erased what was supposed to be an enjoyable experience in the park.

Last month, we again attempted to hike the Nature Trail at Pogonip, and found the situation we had experienced a few months ago had worsened significantly. Once again, we passed mounds of trash, tents, tarps and camps. However, this time, as we ascended the trail we were stopped by a large unleashed dog without a collar who was barking incessantly on the trail. We could hear someone shouting at the dog to come back to their tent, but it did not obey and we were extremely fearful for our safety. We slowly backed away from the dog and made our way back to the start of the trail and left the park.

Is the City waiting for someone to be seriously injured before anything is done to return this

18.5 4
trail to a safe and welcome space for hikers?
We would love to bring our grandchildren to hike the beautiful trails of Santa Cruz, but there is no way we would risk their safety by taking them to Pogonip.

When did hiking the trails of Santa Cruz become such a dangerous activity? If the City does not enforce the laws, Pogonip will cease to exist.

Please approve the funding to allow the cleanup of this beautiful trail. Please enforce the law so that once the cleanup is complete, the encampments and trash do not return. Please become vigilant about saving the trails and preventing the pollution and hazards that have crept into Pogonip.

It is not safe, it is not environmentally responsible, and it is not acceptable to allow people to desecrate our local parks and trails so that others are unable to experience safe outings to our local parks.

Sincerely,
Lori-Ann and Jeff Tarter

18.6 1
Lindsay Nelson
From: Peter Gelblum <[email protected]>
Sent: Monday, August 12, 2024 4:57 PM
To: City Council; Fred Keeley; Sandy Brown
Cc: Bonnie Bush
Subject: Conditional Opposition to Agenda Item 18: Pogonip Nature Loop Trail Encampment Clean-up Contract (PW/CM)
Mayor and Council Members:

I urge you to NOT approve this item unless and until the City (or County) provides a legal, permanent, and more suitable (less fire danger and less environmentally sensitive) location for all of the people living in the Pogonip encampment. Otherwise, the "whack-a-mole" process will continue, and the City will be spending another $140,000 in a few months to clean up the new encampment(s) to which all of the Pogonip campers move. And the same thing will happen a few months later, and on and on and on.

Thank you for your attention to this matter.

Peter Gelblum

18.7 City Council

AGENDA REPORT
DATE: 07/25/2024
AGENDA OF: 08/13/2024
DEPARTMENT: Public Works
SUBJECT: Caterpillar 299D3 XE Compact Track Loader Purchase (PW) RECOMMENDATION: Motion to approve the purchase from the Refuse Fund of one (1) Caterpillar 299D3 XE Compact Track Loader, one (1) MB L160 S2 Crusher Bucket attachment, and one (1) Hydraulic Hammer attachment in the amount of $199,513.51 from Peterson Tractor Co. (San Leandro, CA).

BACKGROUND: The Santa Cruz Resource Recovery Facility (RRF) operates a construction materials diversion area. The diversion area recovers approximately 8,500 tons of concrete and rubble per year. The concrete and rubble are recycled into ¾ inch base rock for resale to the public and for road base and winter pads for inclement weather. The crew in the diversion area would use the compact track loader with a crusher bucket or hammer attachment to process the concrete materials. This compact track loader also serves as a back up to the green waste operations for loading and moving materials within the landfill.

DISCUSSION: In addition to diverting construction concrete, the RRF receives approximately 50,000 tons of refuse, 15,000 tons of fill material, 15,000 tons of wood and construction debris and excavates and processes approximately 20,000 cubic yards of native soil for landfill operations every year. The requested compact track loader is a very essential piece of equipment for the landfill operations in allowing staff to safely generate winter pad and vehicle road cover material. The landfill currently contracts this work to out-side vendors and costs the city thousands of dollars per year. The compact track loader will be equipped to handle the heavy construction needs of the waste industry and support daily landfill operations.

Peterson has a new Caterpillar 299D3 XE Compact Track Loader Tractor available for delivery.

Peterson Tractor’s service facility is capable of performing any repair or overhaul on any machine they represent and includes a 48 Month/ 4000-hour powertrain + Hydraulics+ Tech warranty. The RRF has a fleet of heavy equipment that is also Caterpillar brand, making the servicing, maintenance, repairs and obtaining parts more efficient for this asset.

Section 3.08.170 of the purchasing ordinance allows the City of Santa Cruz (City) to use cooperative purchasing agreements when feasible. The City is one of over 50,000 member agencies of (formally known as National Joint Powers Alliance) (NJPA). Sourcewell conducts national competitive solicitations for common products and is able to obtain greater discounts that the City could obtain on its own. The National Joint Powers Alliance (NJPA/SOURCEWELL #032119) and The Caterpillar Governmental Merchandise Program

19.1 (GMP) obtain competitively bid contracts which can be used by participating member municipal agencies, including the City. The quoted price for this Tractor is $189,513.51 including the NJPA discount of 21% and the GMP discount of 3.4% off the Caterpillar list price, NJPA freight pricing, dealer prep, 4-year or 4,000-hour power train warranty and 9.75% sales tax. Staff have added additional funds to the cost of this equipment if shipping costs or other additional fees increase slightly at the time of purchase.

HEALTH IN ALL POLICIES: This equipment purchase supports the City’s Health in All Policies Healthy Environments (Natural and Built) core condition by supporting the RRF’s division operation. Waste is redirected from the landfill to allow for reuse or repurpose, thus promoting sustainable practices to support ecological, human and economic health and vitality.

FISCAL IMPACT: The full purchase price for 299D3 XE Compact Track Loader is $199,513.51, including sales tax. Funds for FY 2025 purchase of the RRF equipment are included in the approved Refuse Enterprise Fund budget. There is no impact to the General Fund.

Prepared By:

Eduardo A. Silva
Resource Recovery Supervisor
Submitted By:

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

Matt Huffaker
City Manager
ATTACHMENTS:

1. QUOTE.PDF

19.2 19.3

19.4 19.5

19.6 19.7

19.8 City Council

AGENDA REPORT
DATE: 07/25/2024
AGENDA OF: 08/13/2024
DEPARTMENT: Public Works
SUBJECT: 733 River St. Post-Demolition Paving (c102303) – Notice of Completion (PW)
RECOMMENDATION: Motion to accept the work of Atlantis Paving & Grading (Scotts Valley, CA) as completed per the plans and specifications and authorize filing the Notice of Completion for the 733 River Street Post-Demolition Paving Project and authorizing the Public Works Director to sign the Notice of Completion as the Owner’s Authorized Agent.

BACKGROUND: The City of Santa Cruz (City) owns multiple parcels in the 100 block of Coral Street that are incorporated within the Housing Matters campus, including the site of the former River Street Shelter. The two buildings on the parcel were old and fell into further disrepair since they had not been utilized after Encompass Community Services ceased shelter operations on that property more than three years ago. The City engaged in collaborative meetings with Housing Matters on how to best utilize this space, including options for both renovating the buildings and returning them to use as emergency shelter or demolishing the buildings to make space for new interim housing. The determination was made that it was not cost effective to renovate the existing structures, and that the more prudent approach was to demolish the structures to make way for additional non-congregate shelter or interim housing on the site. The Public Works Department awarded a contract for demolition in December 2023.

The demolition of the River Street Shelter building was completed in early January 2024.

On December 8, 2023, Public Works staff solicited informal bids for post-demolition paving of the approximately 10,200 sq. ft. parcel at 733 River St. The only response by the December 22, 2023 deadline was Atlantis Paving, whose initial bid was $167,049. After some correspondence with staff, the vendor was able to reduce this bid down to $121,905.52. This was approved by City Council April 9, 2024, and the project was awarded on April 16, 2024.

DISCUSSION: Public Works staff inspected the project and found it to be constructed according to the specifications, and as directed by Public Works staff. Due to unforeseen subgrade conditions and the desire to ensure adequate drainage, the Director of Public Works approved a change order for additional clearing and grubbing, import of additional base rock, and the addition of an asphalt berm along two sides of the site to direct surface water to existing storm drain facilities.

20.1 FISCAL IMPACT: The final cost of all work under this contract was $144,157.56. The Project is funded by the City Manager’s Office Homelessness Response Division budget in the Navigation Center Phase II project (c102303).

Prepared By:

Nate Goodman
Assistant Engineer
Submitted By:

Nathan Nguyen, P.E.

Director of Public Works
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. NOTICE OF COMPLETION.DOCX

20.2 Notice of Completion (Revised Oct 2021)
(Space above for Recorder’s use only)
This instrument is being recorded for the benefit of the City of Santa Cruz.

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

NOTICE OF COMPLETION
(CA Civil Code Sections 8102 and 9204)
NOTICE IS HEREBY GIVEN THAT:

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

1. The Owner’s Name and Address. The Project owner is the City of Santa Cruz, a municipal corporation (the “City”). The City’s mailing address is 809 Center Street, Santa Cruz, California 95060. The City of Santa Cruz has the following interest in the subject Property described below: City Property

2. Project Title and Number. The full name of the work of improvement/public works project (the “Project”) which is the subject of this Notice of Completion is: 733 River St. Post-Demolition Paving c102303

3. Nature of Work Performed on the Property or Materials Furnished for the City. The Project consisted of work described as: Post-demolition grading and paving of the former River St. Shelter site, including clearing and grubbing the site, importing, grading and compacting of base material, and installing approximately 10,000 square feet of 3” thick asphalt paving sloped to existing on-site stormwater facilities.

4. The general site location description or address (the “Property”) of the public improvement is located at: 733 River St. Santa Cruz, CA 95060

5. Name and Address of Contractor. The Contractor on the Project is: Atlantis Paving & Grading PO Box 67453 Scotts Valley, CA 95067

6. Date of Completion. The Project on the Property was completed on: May 14, 2024

7. The filing of this Notice of Completion was authorized by the Santa Cruz City Council Minute Order on Tuesday, August 13, 2024
DATE: ___________________
Nathan Nguyen
Director of Public Works, City of Santa Cruz
RECORDED AT THE REQUEST OF:

City of Santa Cruz, Public Works
Attn: Nathan Goodman
WHEN RECORDED MAIL TO:

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

20.3 City Council

AGENDA REPORT
DATE: 07/25/2024
AGENDA OF: 08/13/2024
DEPARTMENT: Public Works
SUBJECT: Award Contract for Bay Drive Protected Bike Lanes and Pedestrian Path Design Phase (c402304) (PW)
RECOMMENDATION: Motion to award a contract to Mark Thomas & Company (San Jose, CA) for Bay Drive Protected Bike Lanes and Path Design Phase in the amount of $449,928 and reject all other proposals and to authorize the City Manager to execute an agreement in a form approved by the City Attorney. The Director of Public Works is authorized to execute amendments within the approved project budget.

BACKGROUND: At its December 12, 2023 meeting, City Council authorized staff to apply for, accept, and appropriate funds from the Santa Cruz County Regional Transportation Commission (SCCRTC) 2023 Consolidated Regional Transportation Grant program for the Bay Drive Protected Bike Lanes and Path Design Phase. This funding was approved by the SCCRTC on December 7, 2023.

The City of Santa Cruz has secured $3.8M in Affordable Housing Sustainable Communities (AHSC) funds to design and construct complete street elements on the Bay Corridor from West Cliff Drive to High Street. This project will accelerate the design phase of this project to allow the construction implementation to align with the planned Caltrans led pavement maintenance project on Mission Street, inclusive of the intersection of Bay Street and Mission Street tentatively scheduled for summer 2027.

The goal of the Bay Corridor improvements is to construct complete streets improvements along the entire corridor, enhancing safety and mobility for all roadway users and increasing connectivity and access to schools, parks, housing, and other multimodal facilities. The project was selected due to its proximity to downtown, as required in the AHSC grant, and its connection to the Rail Trail. This project will complete the complete streets design on the Bay Corridor from California to High Street, exclusive of Escalona to Nobel/Iowa. The segment between Escalona to Nobel/Iowa will be completed as part of the upcoming FY25 paving project. The segment from West Cliff Drive to California will be designed using in-house resources.

DISCUSSION: On April 12, 2024, proposals for the Bay Drive Protected Bike Lanes and Path Design Phase were opened by the Public Works Department. Proposals were evaluated based on the criteria listed in the solicitation. Four submittals were received and scored as follows:

21.1 Mark Thomas & Company - 91.5
Toole Design Group, LLC – 90.3
RRM Design Group – 74.1
Sandis Civil Engineers Surveyors Planners - 74
Staff conducted successful negotiations with Mark Thomas & Company and recommends award of this project to Mark Thomas & Company.

As part of this design process, there are multiple public engagement touchpoints. These include general public engagement as well as formal design approvals by the Transportation and Public Works Commission and City Council. Early coordination is underway with Santa Cruz City Schools. This project will ultimately be reviewed and approved by City Council prior to bidding and construction.

Policy Support:

The General Plan mobility policies strongly support this project. These include Goal M1 “Land use patterns, street design, parking, and access solutions that facilitate multiple transportation alternatives” and policy M1.2 “Create livable streets. “Livable streets” support the intent of Section 65302(b) of the California Government Code to create “complete streets” planned, designed, operated, and maintained to provide safe mobility for all users, including “bicyclists, children, persons with disabilities, motorists, movers of commercial goods, pedestrians, users of public transportation, and seniors.”
FISCAL IMPACT: Total funds are available from the Bay Drive Protected Bike Lanes and Pedestrian Path Design Phase Project (c402304); $399,000 from the Regional Surface Transportation Program Exchange (RSTPX) funds and $51,000 from state Gas Tax. There is no impact on the General Fund.

Prepared By:

Claire Gallogly
Transportation Planner
Submitted By:

Nathan Nguyen, P.E.

Director of Public Works
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. DRAFT PROFESSIONAL SERVICE AGREEMENT.PDF

21.2 BAY DRIVE PROTECTED BIKE LANES AND PATH DESIGN PHASE City of Santa Cruz

MARK THOMAS

Professional Services Agreement With

MARK THOMAS & COMPANY
For BAY DRIVE PROTECTED BIKE LANES AND PEDESTRIAN PATH DESIGN PHASE (C402304)
THIS AGREEMENT for professional services is made by and between the City of Santa Cruz (“City”) and Mark Thomas & Company (“Consultant”) (each is referred to individually as a “Party” and collectively, as the “Parties”) as of ____________, 20__ (the “Effective Date”).

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

SECTION 1: SCOPE OF WORK
Consultant will furnish services as defined and described in the Scope of Work, attached hereto as Exhibit A and incorporated herein.

SECTION 2: RESPONSIBILITIES OF CONSULTANT
All work performed by Consultant, or under Consultant’s direction, shall be rendered in accordance with the generally accepted practices, and to the standards of, Consultant's profession. Consultant represents and agrees that Consultant:
(i) is fully experienced and properly qualified to perform the work and services provided for herein, (ii) has the financial capability required for the performance of the work and services, and (iii) is properly equipped and organized to perform the work and services in a competent, timely, and workmanlike/professional manner, in accordance with the requirements of this Agreement.

Consultant shall not undertake any work beyond the Scope of Work set forth in Exhibit A unless such additional work is approved in advance and in writing by City. The cost of such additional work shall be reimbursed to Consultant by City on the same basis as provided for in Section 4.

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

Consultant shall meet with Nathan Nguyen, Director of the Public Works Department, hereinafter called "Director", or other designated and authorized City personnel, or third parties as necessary, on all matters connected with carrying out of Consultant’s services described in Exhibit A. Such meetings shall be held at the request of either Party. Review and City approval of completed work shall be obtained monthly, or at other intervals as may be mutually agreed upon during the course of this Agreement. Review, approval, or acceptance of Consultant’s work by City or others shall not relieve Consultant from responsibility for errors and omissions in Consultant’s work.

SECTION 3: RESPONSIBILITIES OF THE CITY
City shall make available to Consultant all necessary data and information in the City's possession and shall actively assist Consultant in obtaining such information from other agencies and individuals as needed. Consultant is entitled to reasonably rely upon the accuracy and completeness of such data and information, and Consultant shall provide City prompt written notice of any known defects in such data and information.

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

21.3 BAY DRIVE PROTECTED BIKE LANES AND PATH DESIGN PHASE City of Santa Cruz

MARK THOMAS

SECTION 4: FEES AND PAYMENT
For services actually performed, the City will compensate Consultant at the rates set forth in the Fee Schedule detailed in Exhibit B and in accordance with the terms set forth therein. Payment for Consultant's services in carrying out the entire Scope of Work shall be made within the budget limit, or limits shown, upon Exhibit B.

Consultant agrees that the payments to Consultant specified in this Section 4 will constitute full and complete compensation for all obligations assumed by Consultant under this Agreement. Such payments shall be considered the full compensation for all personnel, materials, supplies, and equipment used by Consultant in the Scope of Work Where conflicts regarding compensation may occur, the provisions of this section apply.

Variations from the budget for each task which are justified by statements indicating personnel time expended and submittal of a revised budget are only allowed with prior City approval; however, in no event shall the total fee charged for the Scope of Work set forth in Exhibit A exceed the budget of $449,928 without advance written City authorization in the form of an amendment or change order.

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

All invoices shall contain the following affidavit signed by Consultant (if individual) or by an authorized representative of Consultant (if Consultant is an entity):
"I hereby certify [or as an authorized representative of Consultant] that the charge of (Insert invoice amount) as summarized above and shown in detail on the attachments is in accordance with the terms of Agreement dated (Insert Agreement Date), and has not been previously paid." This Agreement is contingent upon the appropriation of sufficient funding by the City for the services covered by this Agreement. If funding is reduced or deleted by the City for the services covered by this Agreement, the City has the option without penalty or liability to either terminate this Agreement or to offer an amendment to this Agreement indicating the reduced amount.

SECTION 5: TRAVEL REIMBURSEMENT POLICY
The City shall not be responsible for any travel, meal, or lodging reimbursements to Consultant and/or Consultant’s employees unless otherwise specified in the Scope of Work. The total fees and costs of Consultant’s services shall not exceed the amount described in the Fee Schedule.

General Rule

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

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

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

4. Tips and gratuities will not be reimbursed.

5. Alcoholic beverage purchases will not be reimbursed.

6. Consultants will exercise prudence in incurring reimbursable expenses.

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

SECTION 6: CHANGES IN WORK
City may negotiate changes in the Scope of Work. No changes in the Scope of Work shall be made without the written approval of City and Consultant. Any change requiring compensation in excess of the sum specified in Exhibit B shall be

21.4 BAY DRIVE PROTECTED BIKE LANES AND PATH DESIGN PHASE City of Santa Cruz

MARK THOMAS

approved in advance in writing by the City. Only City’s authorized representative(s) is authorized to approve changes to this Agreement on behalf of City.

SECTION 7: TERM AND SCHEDULE
The term of this Agreement shall be for 15 months beginning on the effective date of this Agreement and terminating by March 2026 upon completion of the Scope of Work.

Consultant shall begin work as specified in a written authorization (e.g., Notice to Proceed) to perform services. The written authorization to perform work shall not be issued until after this Agreement has been approved and authorized by the City.

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

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

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

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

SECTION 8: TERMINATION
The City may terminate the Agreement for any reason by providing written notice to Consultant not less than 10 calendar days prior to an effective termination date.

The City may, at its option, allow Consultant to cure its failure to perform within 10 business days (or longer period authorized in writing by the City) from the date of the City’s termination notice. The termination shall be become effective if Consultant has not cured within the specified time period to the City’s satisfaction.

Consultant may terminate this Agreement for cause if the City fails to cure a material default in performance within a period of 30 calendar days (or such longer period agreed to by the Consultant), from the date of the Consultant’s written termination notice specifying the default in performance. Consultant must provide a written notice of termination to the City not less than 30 calendar days of the effective termination date.

Upon notice of termination by either the City or Consultant, the Consultant will immediately act to not incur any additional obligations, costs or expenses, except as may be reasonably necessary to terminate its activities. The City’s only obligation to the Consultant will be just and equitable payment for services authorized by, and received to the satisfaction of, the City up to and including the effective date of termination less any amounts withheld. All finished or unfinished work or documents procured or produced under the Agreement will become property of the City upon the termination date. In the event of Consultant’s failure to perform pursuant to the Agreement, the City reserves the right to obtain services elsewhere and Consultant will be liable for the difference between the prices set forth in the terminated Agreement and the actual cost to the City. Termination of the Agreement pursuant to this paragraph shall not relieve the Consultant of any liability to City for additional costs, expenses, or damages sustained by City due to failure of the Consultant to perform pursuant to the Agreement. City may withhold any payments to Consultant for the purpose of set-off until such time as the exact amount of damages due City from Consultant is determined. After the effective date of

21.5 BAY DRIVE PROTECTED BIKE LANES AND PATH DESIGN PHASE City of Santa Cruz

MARK THOMAS