Santa Cruz City Council
June 10, 2025

CITY COUNCIL AGENDA
Regular Meeting - June 10, 2025
Council Chambers
809 Center Street
Santa Cruz
Vice Mayor Kalantari-Johnson will be participating remotely at the below location:
224 Tremont Street
Boston MA
10:00 A.M. CLOSED SESSION
10:30 A.M. ORAL COMMUNICATIONS, CONSENT, CONSENT PUBLIC HEARINGS, PUBLIC

HEARINGS, AND GENERAL BUSINESS
Council meetings are hybrid, and may be viewed remotely, using any of the following sources:
 Click on Zoom link (no time delay): https://zoom.us/j/94684401344  Online at http://www.cityofsantacruz.com/government/city-council/council-meetings  Online at Watch – Community Television of Santa Cruz County  Comcast Channel 25
Or: Call any of the numbers below. If one is busy, try the next one.  1-833-548-0276 (Toll Free)
 1-833-548-0282 (Toll Free)
 1-877-853-5247 (Toll Free)
 1-669-900-9128
 Enter the meeting ID number: 946 8440 1344
 When prompted for a Participant ID, press #.
 Press *9 on your phone to “raise your hand” when the Mayor calls for public comment.  It will be your turn to speak when the Mayor calls on you. Press *6 to unmute yourself. The timer will then be set.

Correspondence to be included in the agenda packet must be received by 5:00 pm on Monday, June 9th
June 10, 2025 City Council 2
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, June 8th by emailing the Mayor and the City Clerk.

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

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

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.

June 10, 2025 City Council 3
Closed Session
10:00 AM
Statements of Disqualification

1. Conference With Legal Counsel – Liability Claims (Government Code §54956.95)
1) Claimant: Jeanne Simari
2) Claimant: CSAA Insurance Group
3) Claimant: William H. Hartley Jr.
4) Claimant: Mariela Menera Solorio
Claim against the City of Santa Cruz
June 10, 2025 City Council 4
City Council
10:30 AM
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
Presentations
Presentation items 2 and 3 will be at or around 3:30 p.m.

2. Hans Christian Andersen Awards

3. Outgoing Biarritz Junior Guard Delegation
Presentation item 4 will be at or around 4:00 p.m.

4. CityServe Volunteer Awards
Presiding Officer's Announcements
Statements of Disqualification
Additions and Deletions
City Attorney Report on Closed Session
June 10, 2025 City Council 5
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 Declaration in Connection with the December 2024 Municipal Wharf Emergency (CA/CM)
LOCATION: District 4
Motion to adopt a resolution extending by sixty days the Local Emergency Declaration in connection with the December 2024 Municipal Wharf emergency.

7. Minutes of the May 27, 2025 City Council Meeting (CC) LOCATION: None
Motion to approve as submitted.

8. Minutes of the May 28, 2025 City Council Study Session (CC) LOCATION: None
Motion to approve as submitted.

9. Enhanced Infrastructure Financing District Public Finance Authority Appointments (CC/EDH)
LOCATION: Citywide
Appoint David Doolin and David Foster as at-large members to the Enhanced Infrastructure Financing District Public Finance Authority with terms ending January 31, 2030.

June 10, 2025 City Council 6
Consent Agenda (continued)

10. Commission for the Prevention of Violence Against Women and Santa Cruz Police Department 2024 Joint Annual Report (CM)
LOCATION: Citywide
Motion to receive the Commission for the Prevention of Violence Against Women and Santa Cruz Police Department 2024 Joint Annual Report and provide direction as necessary.

11. Sustainability and Resiliency Committee Pilot (CM)
LOCATION: Citywide
Motion to approve the City Manager’s recommendations for the Sustainability and Resiliency Committee pilot with terms ending in December 2026.

12. City Overlook Emergency Shelter Operations and Management Award Contract (CM)
LOCATION: District 1
Motion 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 to authorize the City Manager to execute an agreement in a form approved by the City Attorney pending adoption of the FY 2026 approved budget. The Director of Homelessness Response and Community Programs is authorized to execute change orders within the approved budget.

13. Long-Term Safe Parking Operations and Management Award Contract (CM)
LOCATION: District 1
Motion 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 pending adoption of the FY 2026 approved budget. The Director of Homelessness Response and Community Programs is authorized to execute change orders within the approved budget.

June 10, 2025 City Council 7
Consent Agenda (continued)

14. Emergency Shelter Transportation Program Operations and Management Award Contract (CM)
LOCATION: District 1
Motion to award a contract to Community Bridges/Lift Line, Santa Cruz, CA for transportation operations for the Emergency Shelter Program in the amount of $437,994 and to authorize the City Manager to execute an agreement in a form approved by the City Attorney pending adoption of the FY 2026 approved budget. The Director of Homelessness Response and Community Programs is authorized to execute change orders.

15. Offshore Drilling Resolution and Letter of Opposition (CN) LOCATION: Citywide
Motion to:
1) Adopt a resolution confirming the City’s commitment to prohibiting offshore drilling in our marine sanctuary; and
2) Direct the Mayor to send a letter opposing the proposed 11th National Outer Continental Shelf (OCS) Oil and Gas Leasing Program.

16. Liability Claims Filed Against the City of Santa Cruz (FN) Motion to reject the liability claims of 1) Jeanne Simari, 2) CSAA Insurance Group, 3) William H. Hartley Jr., and 4) deny application by Mariela Menera Solorio for leave to present a late claim, based on staff recommendation.

17. General Obligation Refunding Bonds - Tax Rate Authorization (FN) LOCATION: Citywide
Motion to adopt a resolution setting the tax rate for FY 2026 with respect to the City’s General Obligation Refunding Bonds.

June 10, 2025 City Council 8
Consent Agenda (continued)

18. Civic Auditorium – Handrail Project (c302422) – CEQA Exemption (14 CCR 15061 (PR)
LOCATION: District 4
Motion to:
1) Approve the plans and specifications for the Santa Cruz Civic Auditorium Handrail Project (c302422);
2) Authorize the issuance of an invitation for bid (IFB) for the project and award of 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 Parks and Recreation is authorized to execute change orders within the approved project budget; and 3) Approve of the California Environmental Quality Act (CEQA) determination contained in this agenda report, including the application of: (1) Class 1 Categorical Exemption (14 CCR 15301) for existing facilities, and (2) Common Sense Exemption (14 CCR 15061).

19. Award Contract for 800 W Cliff Drive Road Realignment Design Phase (c402515) (PW)
Location: Districts 3 and 6
Motion to award a contract to MME Civil & Structural Engineering (Santa Cruz, CA) for 800 W Cliff Drive Road Realignment Design Phase in the amount of $643,272 and reject all other proposals and 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 contract amendments within the approved project budget.

20. Contract Renewal with Hope Services, Inc. for the Resource Recovery Facility (PW)
LOCATION: District 6
Motion to authorize and direct the City Manager to execute an agreement with Hope Services, Inc. (Santa Cruz, CA) for recycling and litter control services at the City’s Resource Recovery Facility on Dimeo Lane.

June 10, 2025 City Council 9
Consent Agenda (continued)

21. Energy Efficiency Improvement Projects (c402306, c402307, c402308) – Notice of Completion (PW)
LOCATION: Districts 4 and 5
Motion to accept the work of SitelogiQ, Inc (Sacramento, CA) as completed per plans and specifications and authorize the filing of the Notice of Completion for the following projects and authorizing the Public Works Director to sign the Notice of Completion as the Owners Authorized Agent:
1) Soquel Front Garage Solar (c402306);
2) Harvey West Park Ball Field Solar (c402307); and
3) Civic Auditorium Roof, Solar and BAS (c402308)

22. Santa Cruz Farmers’ Market Street Closures (PW/EDH) LOCATION: District 4
Motion to adopt a resolution establishing no-parking/tow away zones to support the Santa Cruz Farmers' Market.

23. Materials Recovery Facility (MRF) Stormwater Treatment System – Notice of Completion (PW)
LOCATION: District 6
Motion to accept the work of Tidal Vision Products, Inc. (Rodeo, CA) as completed per plans and specifications and authorize the filing of the Notice of Completion for the MRF Stormwater Treatment System (c402111) and authorize the Public Works Director to sign the Notice of Completion as the Owner’s Authorized Agent.

June 10, 2025 City Council 10
Consent Agenda (continued)

24. Neary Lagoon Tule and Sediment Removal Project (m409668) – Approval of Plans and Specifications and Authorization to Advertise for Bids and Award Contract (PW)
LOCATION: District 3
Motion to:
1) Approve the plans and specifications for the Neary Lagoon Tule and Sediment Removal Project (m409668) and authorize staff to advertise for bids and award the contract. The City Manager is hereby authorized and directed to execute the contract as authorized by Resolution No.

NS-27,563. The Public Works Director is authorized to execute change orders within the approved project budget; and
2) Exempt the project from Municipal Code section 3.10 - local hire requirements.

25. Award Contract to Clean Lakes, Inc. for Cyanobacteria Management (WT)
LOCATION: County
Motion to award a contract to Clean Lakes, Inc. (Martinez, CA) for cyanobacteria management services in an amount not to exceed $700,000.

June 10, 2025 City Council 11
Consent Agenda (continued)

26. Fisheries Monitoring and Non-Flow Conservation Fund Year 1 Project – Award Contracts (WT)
LOCATION: County
Motion to:
1) Award a contract to Environmental Science Associates (San Jose, CA) for Juvenile Salmonid Monitoring Services in the amount of $168,267.00 and reject all other proposals; authorize the City Manager to execute an agreement in a form approved by the City Attorney; and authorize the Water Director to execute contract amendments within the approved budget;
2) Authorize the City Manager to execute an agreement in a form to be approved by the City Attorney with Santa Cruz County Resource Conservation District for San Vicente Creek Instream and Riparian Restoration Project: Phase 1, not to exceed $503,898.72; authorize the Risk Manager to modify the insurance requirements of the agreement; and authorize the Water Director to execute future contract amendments within the approved project budget; and
3) Approve the California Environmental Quality Act (CEQA) determination contained in this agenda report, including the determination that the action to award a contract to Environmental Science Associates is exempt from CEQA review under CEQA Guidelines 15306 (information collection).

End Consent Agenda
June 10, 2025 City Council 12
Consent Public Hearings

27. Downtown Association: Parking and Business Improvement Area Assessments for FY 2026 (EDH)
LOCATION: District 4
Motion to adopt a resolution confirming the Parking and Business Improvement Area FY 2026 Plan prepared by the Downtown Association and levying the Parking and Business Improvement Area Assessments for FY 2026.

28. Cooperative Retail Management Business Real Property Improvement District Assessments for FY 2026 (EDH)
LOCATION: District 4
Motion to adopt a resolution confirming the Cooperative Retail Management Business Real Property Improvement District Annual Plan FY 2026 and levying Cooperative Retail Management Business Real Property Improvement District Assessments for FY 2026.

June 10, 2025 City Council 13
Consent Public Hearings (continued)

29. Second Reading and Final Adoption of Ordinances 2025-14 and 2025-15 Amending the Title 24 Zoning Ordinance Related to Objective Design Standards for Multifamily Housing Updates, Parking, Bicycle Parking and Facilities, State Density Bonus, Reasonable Accommodations for People with Disabilities, Licensed Community Care Facilities, LowBarrier Navigation Centers, and Historic Structures on Mission Street; and to Titles 10 and 15 of the Santa Cruz Municipal Code Related to Standards for Driveways, Daylighting, Bicycle Parking, Electric Vehicle Charging, Loading, and Bicycle Facilities to Better Meet the City’s Policy Goals and Objectives and to Align with New State Laws. The Amendments to the Objective Design Standards in Title 24 are Part of the Local Coastal Program (LCP) Implementation Plan (IP) and Require Approval by the California Coastal Commission Prior to Taking Effect Inside the Coastal Zone. (PL/ PW)
LOCATION: Citywide
Motion to:
1) Adopt Ordinance 2025-14 amending Titles 10, 15 and 24 of the Municipal Code related to Parking, Bicycle Parking and Facilities, State Density Bonus, Licensed Community Care Facilities, and Low-Barrier Navigation Centers;
2) Adopt Ordinance 2025-15 amending the Local Coastal Program (LCP) Implementation Plan (IP) and Title 24 of the Municipal Code related to Objective Design Standards for Multifamily Housing, Reasonable Accommodations for People with Disabilities, Licensed Community Care Facilities, Low-Barrier Navigation Centers, and Historic Structures on Mission Street;
3) Adopt a resolution authorizing the City Manager to submit the proposed amendments within Ordinance No. 2025-15 that are part of the Local Coastal Program as Local Coastal Implementation Plan amendments to the California Coastal Commission for final certification; and
4) Acknowledge the determination that the proposed amendments are covered by the Environmental Impact Report prepared for the City’s General Plan and approved in June 2012 and find that the changes are also Exempt under California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3).

June 10, 2025 City Council 14
Public Hearings

30. User Charges for Wastewater Services – Proposed Five-Year Increase (PW)
LOCATION: Citywide
Motion to adopt a resolution adopting the revised wastewater user charges and rescinding Resolution No. NS-29,520.

31. User Charges for Wastewater Services – Proposed Sewer Connection Fees (PW)
LOCATION: Citywide
Motion to adopt a resolution adopting the revised sewer connection fees, adding the updated sewer connection fees to the City-Wide Fee Schedule, and rescinding Resolution No. NS-29,801.

June 10, 2025 City Council 15
General Business

32. First Reading of An Ordinance Amending Santa Cruz Municipal Code Chapter 6.07 to Prohibit the Sale of Filtered Tobacco Products (CM) LOCATION: Citywide
Motion to:
1) Introduce for publication an ordinance amending Chapter 6.07 “Tobacco Retailer Licenses” of the Santa Cruz Municipal Code to prohibit the sale of filtered tobacco products;
2) Direct staff to collaborate with the County of Santa Cruz and local stakeholders to develop and implement educational outreach for affected retailers, assisting them in the transition away from selling filtered tobacco products;
3) Affirm the City’s commitment to support staff efforts in collaborating with the County of Santa Cruz and local stakeholders to enhance public education efforts; and
4) Approve the CEQA determination contained in this agenda report and direct staff to file a CEQA Notice of Exemption. This action is not a “project” under CEQA pursuant to CEQA Guidelines Sections:
15378(b)(2) (“general policy and procedure making”) and 15378(b)(5) (“organizational and administrative activities” that do not result in physical changes to the environment). And, even if it were considered a CEQA “project”, this action is exempt from CEQA review pursuant to CEQA Guidelines Section: 15307 (action “to assure the maintenance, restoration, or enhancement of a natural resource”); 15308 (action “to assure the maintenance, restoration, enhancement, or protection of the environment”); and 16061(b)(3) (common sense exemption).

June 10, 2025 City Council 16
General Business (continued)

33. Designate Fire Hazard Severity Zones within the City of Santa Cruz’s Local Responsibility Areas (LRAs) as recommended by the California Department of Forestry and Fire Protection (CalFIRE) pursuant to Government Code Section 51178 (FD)
LOCATION: Citywide
Motion to:
(1) Introduce for publication an ordinance adding Chapter 19.20 to the Santa Cruz Municipal Code to designate Fire Hazard Severity Zones within the City of Santa Cruz’s Local Responsibility Area (LRA) as recommended by the California Department of Forestry and Fire Protection (CalFIRE) pursuant to Government Code Section 51178; and (2) Approve the CEQA determination contained in this agenda report, including the application of the following exemptions, to the extent that the Council action is deemed a CEQA “project”: CEQA Guidelines § 15387(b)(2) and § 15387(b)(5) – (“general policy and procedure making” and/or “organizational or administrative activities”); CEQA Guidelines § 15061(b)(3) (commons sense exemption); and CEQA Guidelines § 15306 (data collection).

June 10, 2025 City Council 17
General Business (continued)

34. Economic Development Strategy Update and Recommendations:

Vibrancy Ordinance, Permit Streamlining, and Fee Updates (EDH/PL) LOCATION: Citywide
Motion to:
1) Adopt a resolution to a) remove specified Planning and Building fees for the first twenty (20) qualifying new commercial businesses citywide, b) establish fees and charges associated with the Council’s May 13, 2025 Municipal Code Chapter 5.84 “Vibrancy Ordinance,” and c) direct staff to update the Master Fee Schedule and the Planning and Community Development Fee Schedule and take related implementing actions;
2) Direct staff to proceed with amendments to the Municipal Code Chapter 24.04.160 to extend the life of active commercial permits from calendar year 2019 through January 1, 2030;
3) Direct staff to proceed with amendments to the Downtown Plan and the Zoning Code to lower the permitting thresholds and remove use permit requirements for certain desired ground floor uses to streamline the permit process and reduce permit costs for new businesses citywide;
4) Adopt a resolution amending the FY 25 budget to appropriate funds in the amount of $50,000 from the Economic Development Trust Fund for implementation of Downtown activation events over the next 12 months; and
5) Approve the CEQA determination in this agenda report, including application of the following exemptions if the Council action is deemed a CEQA “project”: CEQA Guidelines Section 15301 (existing facility), 15306 (data collection), and Section 15061(b)(3) (common sense exemption).

June 10, 2025 City Council 18

35. Budget Adoption

35.1 Fiscal Year 2026 Proposed Budget Adoption (FN)
LOCATION: Citywide
Motion to:
1) Adopt a resolution adopting the Fiscal Year (FY) 2026 Budget, including the Capital Investment Program (CIP), effective July 1, 2025; authorize the City Manager to allocate within the applicable funds the FY 2026 Schedule of Budget Changes to the appropriate accounting classification; approve related and applicable transfers in/out between funds; and authorize the Finance Director to create additional appropriations to provide for commitments carried over from the prior fiscal year, including contract and purchase order encumbrances and unexpended project balances, so long as there is a sufficient fund balance to finance these commitments;
2) Approve the CIP project exclusions from the Public Art transfer calculation for FY 2026;
3) Accept the Water Commission’s recommendations regarding the Water Department’s FY 2026 Operating and Capital Investment Program (CIP); and
4) Approve the CEQA determination in this agenda report including the application of the following exemptions, in the event that this action is considered a CEQA “project”: CEQA Guidelines Section 15387(b)(2) and 15387(b)(5) [“general policy and procedure making” and
“organizational and administrative activities”; and CEQA Guidelines Section 15061(b)(3) [common sense exemption].

35.2 Resolution Amending the City of Santa Cruz Personnel Complement and Classification and Compensation Plans for Various Departments (HR) LOCATION: Citywide
Motion to adopt a resolution amending the City of Santa Cruz Personnel Complement and Classification and Compensation Plans for - City Manager’s Office, Economic Development and Housing, Finance, Fire, Human Resources, Information Technology, Library, Parks and Recreation, Police, Public Works, and Water.

Any funding approved by the Council will not be implemented until the required meet and confer process is completed in accordance with City obligations under the MMBA and before any contract returns to City Council in open session.

June 10, 2025 City Council 19
Adjournment

INFORMATION ITEMS PREVIOUSLY DISTRIBUTED TO CITY COUNCILMEMBERS None issued.

MAYOR'S PROCLAMATIONS
ADDENDUM TO CITY COUNCIL AGENDA – JUNE 10, 2025

36. Proclaiming the month of May 2025 as “Older Americans Month” and urging all residents to celebrate the countless contributions of our older community members, to reaffirm our commitment to creating an inclusive society, to stand against ageism, to embrace the many opportunities that come with aging, and to commit to making Santa Cruz a more age-friendly city for all.

37. Proclaiming May 27–June 1, 2025 as “Santa Cruz Pride Week” in celebration of its 50th Anniversary in the City of Santa Cruz and encouraging all citizens to join in this observance.

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

Board of Building and Fire Appeals One opening – at-large nomination.

County Latino Affairs Commission One opening - at-large nomination.

Historic Preservation Commission One opening – appointed by Mayor Keeley.

Parks and Recreation Commission One opening - appointed by Councilmember Newsome
June 10, 2025 City Council 20
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
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 1
Courtyard Conf. Room Closed Session - Closed to the Public Council Chambers Council Regular Meeting - Open to the Public September 22/23
Courtyard Conf. Room Closed Session - Closed to the Public Council Chambers Council Regular Meeting - Open to the Public October 1/2
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 November 11
Courtyard Conf. Room Closed Session - Closed to the Public Council Chambers Council Regular Meeting - Open to the Public November 27
November 28
Courtyard Conf. Room Closed Session - Closed to the Public Council Chambers Council Regular Meeting - Open to the Public December 14/15
December 25
December 23 Meeting Cancelled
City Hall Closure - Christmas Day
Rosh Hashanah (City observed - sundown to sundown)
October 14
October 28
City Hall Closure - Veteran's Day (observed)
Hanukkah (City observed - sundown to sundown)
Yom Kippur (City observed - sundown to sundown)
November 18
City Hall Closure - Labor Day
August 26
July 8 and 22 Meetings Cancelled
City Hall Closure - Independence Day
August 12
City Council Meeting Calendar for 2025
December 9
City Hall Closure - Thanksgiving Day
City Hall Closure - Day After Thanksgiving Day
June 24
September 9
September 30
City Hall Closure - Juneteenth

5.1 City Council

AGENDA REPORT
DATE: 05/27/2025
AGENDA OF: 06/10/2025
DEPARTMENT: City Attorney/City Manager
SUBJECT: Resolution Extending the Emergency Declaration in Connection with the December 2024 Municipal Wharf Emergency (CA/CM)
LOCATION: District 4
RECOMMENDATION: Motion to adopt a resolution extending by sixty days the Local Emergency Declaration in connection with the December 2024 Municipal Wharf emergency.

BACKGROUND: On December 23, 2024, at approximately 12:45 p.m., approximately 150 ft. at the southernmost end of the Santa Cruz Municipal Wharf collapsed into the ocean following a historic wave event. The collapsed section was previously the site of the Dolphin Restaurant and one of three public restroom facilities on the Wharf, which had been damaged in the 2023/2024 Winter Storms and was under construction for repairs at the time of the collapse. Damage to the Wharf is extensive and has resulted in significant cleanup efforts. Additionally, the Wharf, Cowell Beach, and Main Beach were temporarily closed out of concerns for public safety and impacted multiple small businesses. On December 24, 2024, the City Manager issued a “Proclamation of Existence of Local Emergency.” The City Manager re-issued the Proclamation of Existence of Local Emergency on December 31, 2024, and January 7, 2025.

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 light of the circumstances described above, the City Manager declared the existence of a local emergency in the City of Santa Cruz on December 24, 2024, and declared the continued existence of a local emergency on December 31, 2024, and January 7, 2025. The City Council ratified the emergency declaration by Resolution No. NS-30,423 at its January 14, 2025 regular meeting.

6.1 The attached resolution, if adopted by the City Council, would extend the emergency declaration related to the December 2024 Wharf emergency by an additional 60 days, to August 9, 2025.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: The proposed Council action is not a “project” under CEQA. “Project” is defined by CEQA as:
“an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and which is any of the following:
(a) An activity directly undertaken by any public agency. (b) An activity undertaken by a person which is supported, in whole or in part, through contracts, grants, subsidies, loans, or other forms of assistance from one or more public agencies. (c) An activity that involves the issuance to a person of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies.” (Pub. Resources Code, § 21065.) The proposed resolution is not a “project” under CEQA because it does not have the potential to cause a physical change in the environment directly or indirectly. Any action taken to repair the Wharf or mitigate damages, if considered a “project” under CEQA, would be exempt as an emergency project pursuant to California Code of Regulations, Title 14, Division 6, Chapter 3, Article 18, Section 15269.

HEALTH IN ALL POLICIES (HiAP): This action is consistent with the three pillars of HiAP.

Specifically, the action has a nexus with public health in that the resolution is intended to aid the City in clean up and recovery efforts to protect the public health and safety along the Wharf and City beaches.

FISCAL IMPACT:

1. The recommendation in this report impacts the General Fund: No

2. This recommendation requires a budget adjustment: No

3. The recommendation creates an on-going expenditure commitment: No FISCAL IMPACT DESCRIPTION: 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:

Kaylen Anderson
Law Fellow
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 DECLARATION IN CONNECTION WITH THE DECEMBER 2024 WHARF EMERGENCY
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 23, 2024, at approximately 12:45 p.m., the City of Santa Cruz (“City”) experienced a high surf event causing approximately 150 feet of a section of the Santa Cruz Municipal Wharf (the “Wharf”) to collapse into the ocean; and WHEREAS, debris from the Wharf remains in the ocean and poses a potential threat to the shoreline and vessels on the water; and
WHEREAS, the City temporarily closed the remaining portions of the Wharf, Cowell Beach, and Main Beach to ensure the safety of the public. The Wharf remained closed for nearly two weeks, significantly impacting small businesses; and WHEREAS, damage to the Wharf is significant and is estimated at over $18 million and as a result, the City’s emergency response to the December 2024 Wharf Emergency is ongoing as City staff continues to assess the damage to the Wharf and impact of the debris from the Wharf; and
WHEREAS, as a result of the incident at the Wharf, the City Manager, as the director of emergency services, declared the existence of a local emergency on December 24, 2024, and declared the continued existence of a local emergency on December 31, 2024, and January 7, 2025; and
WHEREAS, at its January 14, 2025 meeting, the City Council adopted Resolution No.

NS-30,423 declaring the existence of a State of Emergency in connection with the December 2024 Wharf Emergency, confirming the December 24, 2024, December 31, 2024, and January 7, 2025 Emergency Proclamations by the City Manager, as the director of emergency services; and
WHEREAS, on February 14, 2025, Gavin Newsom, Governor of the State of California, proclaimed the existence of a state of emergency in the County of Santa Cruz due to the December 2024 winter storm that resulted in damage to the Wharf, further highlighting the significant impact of the storm and resulting damage.

6.3 RESOLUTION NO. NS-XX,XXX
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 April 22, 2025 regular meeting by Resolution No. NS-30,460, 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. This Resolution shall remain in full force and effect and shall thereafter terminate on the sixtieth (60th) day after its adoption, unless earlier terminated or further extended by subsequent City Council action.

PASSED AND ADOPTED this 10th day of June 2025 by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

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

6.4 MINUTES ARE UNOFFICIAL UNTIL APPROVED BY COUNCIL
Approved at the [meeting date] City Council Meeting
City of Santa Cruz
809 Center Street
Santa Cruz, California 95060

MINUTES OF A CITY COUNCIL MEETING
May 27, 2025
12:00 PM
Mayor Keeley opened the City Council Closed Session at 12:02 p.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 Trigueiro, Brunner, Newsome, Golder, O’Hara; Vice Mayor Kalantari-Johnson; Mayor Keeley.

Absent: None.

Staff: City Manager M. Huffaker, Assistant City Attorney C. Bronson, Deputy City Manager/Director of Economic Development and Housing B.

Lipscomb, 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 12:03 p.m. There were no speakers. Mayor Keeley closed the public comment period at 12:03 p.m., at which time the meeting was closed to the public and Council adjourned to the Courtyard Conference Room.

7.1 May 27, 2025 CITY COUNCIL MINUTES 7928
Closed Session

1. Real Property Negotiations (Government Code §54956.8) Property: 1070 River Street
APN: 008-661-18
Owner: City of Santa Cruz
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Arts Council Santa Cruz County Under Negotiation: Price, terms of payment, or both
Council received a status report from the City Negotiator, and no reportable action was taken.

7.2 May 27, 2025 CITY COUNCIL MINUTES 7929
City of Santa Cruz
809 Center Street
Santa Cruz, California 95060

MINUTES OF A CITY COUNCIL MEETING
May 27, 2025
12:45 PM
Call to Order – Mayor Keeley called the meeting to order at 12:45 p.m. in Council Chambers.

Roll Call

Present: Councilmembers Trigueiro, Brunner, Newsome, Golder, O’Hara; Vice Mayor Kalantari-Johnson; Mayor Keeley.

Absent: None.

Staff: City Manager M. Huffaker, Assistant City Manager M. Templeton, Assistant City Attorney C. Bronson, Director of Public Works N. Nguyen, Director of Finance E. Cabell, Deputy City Manager/Director of Economic Development B. Lipscomb, Director of Water H. Luckenbach, Director of Information Technology K. Morgan, Director of Planning and Community Development L. Butler, Chief People Officer S. De Leon, Director of Parks and Recreation T. Elliot, Chief of Fire R. Oatey, Principal Management Analyst E. Nguyen, Principal Planner M. VanHua, Senior Planner S. Neuse, Transportation Planner C. Gallogly, Planning Technician B. Williamson, Finance Manager E. Burton, Principal Management Analyst V. Pearson, 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 12:46 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.

Unidentified person spoke regarding free speech and stated that hate speech does not exist.

Trey spoke regarding downtown Santa Cruz and asked Council to consider pedestrian street on Cooper Street.

7.3 May 27, 2025 CITY COUNCIL MINUTES 7930
Oral Communications (continued)
James Ewing-Whitman spoke regarding a presentation he saw about transgender regret, and a previous Council decision to permit fluoride being added to water.

At 12:52 p.m. Mayor Keeley closed Oral Communications.

Presentations

2. Mayoral Proclamation Declaring May 27—June 1, 2025 as Santa Cruz Pride Week Councilmember Brunner read from and presented a proclamation declaring May 27—June 1, 2025 as Santa Cruz Pride Week.

3. Mayoral Proclamation Declaring May, 2025, as Older Americans Month Councilmember Trigueiro read from and presented a proclamation declaring May 2025 as Older Americans Month.

Presiding Officer's Announcements – Mayor Keeley announced item 28 has been continued to the June 24th meeting and will not be discussed, and item 16 from the Consent Agenda would be heard under General Business.

Statements of Disqualification – Councilmember Brunner announced she will be recusing herself from items 9, 10, 21, 23, 24, and 25 as they relate to her employer.

Additions and Deletions – None.

City Attorney Report on Closed Session – See page 7928 for the report.

Council Meeting Calendar

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

7.4 May 27, 2025 CITY COUNCIL MINUTES 7931
Consent Agenda
Councilmember Trigueiro made a comment on items 8 and 15.

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

Kevin Norton spoke regarding item 10.

James Ewing-Whitman spoke regarding item 5.

Tracy Weiss spoke regarding item 17.

Mayor Keeley closed the public comment period.

MOTION: Vice Mayor Kalantari-Johnson moved, seconded by Councilmember O’Hara, to approve the remaining Consent Agenda with the exception of item 16.

ACTION: The motion carried with the following vote.

AYES: Councilmembers Trigueiro, Brunner (with the exception of items 9 and 10), Newsome, Golder, O’Hara; Vice Mayor Kalantari-Johnson; Mayor Keeley.

NOES: None.

ABSENT: None.

DISQUALIFIED: Councilmember Brunner (items 9 and 10).

5. Minutes of the May 13, 2025 City Council Meeting (CC) LOCATION: None
Motion carried to approve as submitted.

6. Commission for the Prevention of Violence Against Women (CC) LOCATION: Citywide
Motion carried to approve Vice Mayor Kalantari-Johnson’s nomination of Andrea Ludwick to the Commission for the Prevention of Violence Against Women.

7. Historic Preservation Commission (CC)
LOCATION: Citywide
Motion carried to approve Vice Mayor Kalantari-Johnson's nomination of Greg Larson to the Historic Preservation Commission.

7.5 May 27, 2025 CITY COUNCIL MINUTES 7932
Consent Agenda (continued)

8. Children’s Fund Oversight Committee (CC)
LOCATION: Citywide
Motion carried to approve the at-large appointment of Pamela Velasquez to the Children's Fund Oversight Committee.

9. Cooperative Retail Management Business Real Property Improvement District Assessments for FY 2026 (EDH)
LOCATION: District 4
Motion carried to:
 Approve the FY 2025 Annual Report and FY 2026 Plan prepared by the Downtown Management Corporation;
 Adopt Resolution No. NS-30,491 a Resolution of Intention to levy a Cooperative Retail Management Business Real Property Improvement District Assessment for FY 2026 and schedule a public hearing for June 10, 2025 on the levy of the assessments for FY 2026; and
 Adopt Resolution No. NS-30,492 amending the Fiscal Year 2025 budget to increase Kiosk Maintenance (Fund 123) expenditures by $16,500, offset by revenue collected in Kiosk Maintenance (Fund 123).

10. Downtown Association: Parking and Business Improvement Area Assessments for FY 2026 (EDH)
LOCATION: District 4
Motion carried to:
 Approve the annual report and work plan prepared by the Downtown Association for FY 2026; and
 Adopt Resolution No. NS-30,493 a Resolution of Intention to levy a Downtown Association Parking and Business Improvement Assessment for FY 2026 and schedule a public hearing for June 10, 2025 on the levy of the assessments for FY 2026.

7.6 May 27, 2025 CITY COUNCIL MINUTES 7933
Consent Agenda (continued)

11. Award a Contract to Gallagher Benefits Services, Inc. for 2024 Compensation Study (HR)
LOCATION: Citywide
Motion carried to award a contract to Gallagher Benefit Services, Inc. in the amount of $231,900 and to authorize the City Manager to execute an agreement in a form approved by the City Attorney. The Human Resources Director is authorized to execute amendments within the approved budget.

12. Authorization to Exceed $100,000 for Legal Services (HR) LOCATION: Citywide
Motion carried authorizing the City Manager, or their designee, to execute agreements with Burke, Williams & Sorensen LLP, in forms approved by the City Attorney, and approve payments exceeding $100,000 legal services for Fiscal Years 2025 and 2026.

13. Authorization to Exceed $100,000 for Investigation Services with Oppenheimer Investigations Group, LLP, Related to Respectful Workplace, Harassment, and Discrimination Complaints (HR)
LOCATION: Citywide
Motion carried authorizing the City Manager, or their designee, to execute agreements with Oppenheimer Investigations Group, LLP, in forms approved by the City Attorney, and approve payments exceeding $100,000 in the aggregate for third-party investigation services related to workplace harassment, discrimination, and respectful workplace complaints for Fiscal Years 2025 and 2026.

14. Proposed Amendment to the Planning Commission Bylaws Regarding Meeting Start Time (PL)
LOCATION: Citywide
Motion carried to amend Article VIII – Meetings, Section 1. Time and Location of Meetings of the Planning Commission Bylaws to add the provision that the Chair of the Planning Commission may have the option to begin the meeting no earlier than 6:00 pm upon recommendation of the Planning and Community Development Department staff.

7.7 May 27, 2025 CITY COUNCIL MINUTES 7934
Consent Agenda (continued)

15. Contract for Septic System Replacement Services at Lower DeLaveaga Community Park. Environmental Determination: Categorical Exemption 15301(d), Existing Facilities (PR)
LOCATION: District 1
Motion carried to:
 Adopt Resolution No. NS-30,494 to amend the FY 2025 budget to appropriate funds in the amount of $163,080 from existing Parks and Recreation Capital Improvement Program project balances to resource the repair of the Lower DeLaveaga Park septic system;
 Award a contract for services to procure and install a new septic system at Lower DeLaveaga Park to Tom’s Septic Construction, a subsidiary of The Don Chapin Company, Inc. in an amount not to exceed $132,750; and  Approve the CEQA determination contained in this agenda report, including the application of the following categorical exemption: CEQA Guidelines Section 15301 (Existing Facilities).

16. Resolution for Grant Anticipation Notes to Fund Repairs to West Cliff Drive (PW/FN)
LOCATION: Districts 3 and 6
Director of Public Works N. Nguyen spoke.

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

Mayor Keeley closed the public comment period.

MOTION: Councilmember Golder moved, seconded by Vice Mayor Kalantari-Johnson, to adopt Resolution No. NS-30,495 authorizing the issuance and sale of up to $22,000,000 in grant anticipation notes to provide financing for the West Cliff Drive emergency repairs, and authorizing execution and delivery of related a note purchase agreement and related documents and actions.

ACTION: The motion carried unanimously with the following vote.

AYES: Councilmembers Trigueiro, Brunner, Newsome, Golder, O’Hara; Vice Mayor Kalantari-Johnson; Mayor Keeley.

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

7.8 May 27, 2025 CITY COUNCIL MINUTES 7935
Consent Agenda (continued)

17. Measure E Oversight Committee (PW)
Location: Citywide
Motion carried authorizing the Mayor to appoint three staff-recommended members to serve on the Measure E Oversight Committee: Water Commissioner Julianne Rhodes and Transportation and Public Works Commission Vice Chair Susan Gilchrist and Commissioner Scott Harriman.

18. West Cliff Drive 60-Inch Reinforced Concrete Pipe (RCP) Headwall Repair (c402409) – Notice of Completion (PW)
LOCATION: District 6
Motion carried to accept the work of Access Limited Construction (Oceano, CA) as completed per plans and specifications and authorize the filing of the Notice of Completion for the West Cliff 60-Inch RCP Headwall Repair (c402409) and authorizing the Public Works Director to sign the Notice of Completion as the Owner’s Authorized Agent.

19. Senate Bill 1 Road Maintenance and Rehabilitation Account (RMRA) – FY 2026 Funding (PW)
LOCATION: Citywide
Resolution No. NS-30,496 was adopted approving the FY 2026 allocation of SB 1 Road Maintenance and Rehabilitation Account funds and authorize the City Manager to submit the project list to the California Transportation Commission.

7.9 May 27, 2025 CITY COUNCIL MINUTES 7936
Consent Agenda (continued)

20. Second Amendment to Professional Services Agreement for City of Santa Cruz Watershed Lands Forest Management Project – Newell Creek Tract Phase 1 (WT)
LOCATION: County
Motion carried to:
 Authorize the City Manager to execute Second Amendment to Professional Services Agreement for City of Santa Cruz Watershed Lands Forest Management Project – Newell Creek Tract Phase 1 with Auten Resource Consulting in a form approved by the City Attorney; and  Find the Agreement to be exempt under the California Environmental Quality Act (CEQA), allowing staff to file a Notice of Exemption.

End Consent Agenda
Consent Public Hearing
Mayor Keeley opened the public comment period. The following person spoke:

Garret spoke regarding item 23.

Mayor Keeley closed the public comment period.

MOTION: Councilmember Newsome moved, seconded by Councilmember Golder, to approve the Consent Public Hearing Agenda.

ACTION: The motion carried with the following vote.

AYES: Councilmembers Trigueiro, Brunner (item 22), Newsome, Golder, O’Hara; Vice Mayor Kalantari-Johnson; Mayor Keeley.

NOES: None.

ABSENT: None.

DISQUALIFIED: Councilmember Brunner (Items 21, 23, 24, and 25).

21. Establishment of Downtown Density Bonus Fees and Charges (PL) LOCATION: District 4
Resolution No. NS-30,497 was adopted creating the fees and charges for projects using the Downtown Density Bonus.

7.10 May 27, 2025 CITY COUNCIL MINUTES 7937
Consent Public Hearings (continued)

22. 2nd Reading and Final Adoption of Ordinance No. 2025-10 Rescinding Santa Cruz Municipal Code Section 21.07.020 Pursuant to a Settlement Agreement that Protects Tenants at the St. George Apartments (CA) LOCATION: Citywide
Ordinance No. 2025-10 was adopted rescinding Santa Cruz Municipal Code section 21.07.020 pursuant to a settlement agreement that protects tenants at the St. George Apartments.

23. 2nd Reading and Final Adoption of Ordinance No. 2025-12 to Amend the Zoning Designation of the Northern Four Acres of 2394 Delaware Avenue From R-1-5 (Single Family Residence District) to E-A (Exclusive Agricultural District); 2nd Reading and Final Adoption of Ordinance No. 2025-13 to Amend the Zoning Designation of the Southern Approximately 6.3 Acres of 2394 Delaware Avenue From R-1-5 (Single Family Residence District) to R-L (Multiple Residence – LowDensity District); and Resolution for Local Coastal Program (LCP) Amendments to Certify the Northern Four Acres of 2394 Delaware Avenue Into the LCP, Including Assignment of the Coastal Appeal Zone Level of Permit Authority and Assignment of the Agriculture/Grazing Land Use Designation, and to Amend the Text of the Agriculture/Grazing Land Use Designation Description within the LCP Land Use Plan (LCLUP). Amendments to the Subject Site’s Zoning, Certification Into the LCP, and LCLUP Text Amendments Are Part of the LCP Implementation Plan and LCLUP and Require Approval by the California Coastal Commission Prior to Taking Effect Inside the Coastal Zone (PL) LOCATION: District 6
Motion carried to:
 Adopt Ordinance 2025-12 amending the zoning designation of the northern four acres of the subject site;
 Adopt Ordinance 2025-13 amending the zoning designation of the southern approximately 6.3 acres of the subject site;
 Adopt Resolution No. NS-30,498 to certify the northern four acres of the subject site into the Local Coastal Program (LCP), including assignment of an Agriculture/Grazing LCP land use designation and Coastal Appeal zone permitting authority and making associated amendments to the Local Coastal Land Use Plan text; and

7.11 May 27, 2025 CITY COUNCIL MINUTES 7938
Consent Public Hearings (continued)

23. 2nd Reading and Final Adoption of Ordinances to Amend the Zoning Designation of the Northern Four Acres and Southern 6.3 Acres of 2394 Delaware Avenue (PL) LOCATION: District 6 (continued)
Motion (continued):
 Adopt Resolution No. NS-30,499 directing the City Manager to submit to the California Coastal Commission the ordinance rezoning the northern four acres of the subject site and the resolution to certify the northern four acres of the subject site into the Local Coastal Program (LCP), including assignment of an Agriculture/Grazing LCP land use designation and Coastal Appeal zone permitting authority and making associated amendments to the Local Coastal Land Use Plan text.

24. Approval of 2025-2030 Consolidated Plan (Con Plan), 2025 Program Year (PY) Annual Action Plan (AAP), 2025 Neighborhood Revitalization Strategy Area Plan, Community Participation Plan Amendment, and Fiscal Year 2025 Budget Adjustment (EDH)
LOCATION: Citywide
Motion carried to:
 Adopt Resolution No. NS-30,500 for the City’s 2025-2026 U.S. Department of Housing and Urban Development (HUD) Annual Action Plan (AAP) and 2025-2030 Consolidated Plan (Con Plan); amend the Citizen Participation Plan for the City’s Housing and Community Development Program; direct staff to submit the 2025-2026 AAP and 2025-2030 Con Plan, which includes the 2025 Neighborhood Revitalization Strategy Area (NRSA) Plan, to HUD; authorize the City Manager to sign an application for federal funding assistance for the 2025-2026 program year; and authorize the City Manager or his designee to execute program/project contracts, loan and grant agreements and related loan documents with Community Development Block Grant (CDBG) and HOME Investment Partnerships Program (HOME) sub-recipients and contractors in connection with Consolidated Plan (Con Plan) activities proposed in the 2025-2026 Annual Action Plan (AAP) and any subsequent revisions to the 2025-2026 AAP .
 Adopt Resolution No. NS-30,501 amending the Fiscal Year 2025 budget to reduce the total HOME Investment Partnerships Program (HOME) award to the Downtown Library and Affordable Housing Project approved under Annual Action Plan (AAP) Program Year (PY) 2024 and make funds available for inclusion in AAP PY 2025.

7.12 May 27, 2025 CITY COUNCIL MINUTES 7939
Consent Public Hearings (continued)

24. Approval of 2025-2030 Consolidated Plan, 2025 Program Year (PY) Annual Action Plan, 2025 Neighborhood Revitalization Strategy Area Plan, Community Participation Plan Amendment, and Fiscal Year 2025 Budget Adjustment (EDH) LOCATION: Citywide (continued)
Motion (continued):
 Approve the California Environmental Quality Act (CEQA) determination contained in this Agenda Report. The Council’s actions are exempt from CEQA review under (1) Class 1 Categorical Exemption (14 CCR 15301) for existing facilities, and (2) Common Sense exemption (14 CCR 15061).

25. 2nd Reading and Final Adoption of Ordinance No. 2025-11 for the Downtown Plan Expansion Amending the Santa Cruz Municipal Code and Zoning Map and Direction to Submit Local Coastal Program and Local Coastal Program Implementation Plan Amendments to the California Coastal Commission for Review for Amendments to and an Extension of the Downtown Specific Plan, Including for Areas South of Laurel Street, Roughly to the Roundabout at Pacific and Center Streets, and Making Related Changes to the General Plan, Local Coastal Program, Beach/South of Laurel Plan, and Zoning Code and Map.

Applicant: City of Santa Cruz. CEQA: Downtown Plan Expansion Environmental Impact Report (PL)
LOCATION: District 4
Motion carried to:
 Adopt Ordinance No. 2025-11 deleting an obsolete zone district and making other conforming amendments, amending certain policies related to parking in the Downtown, and amending the Zoning Map which are parts of the Local Coastal Program (LCP) Implementation Program (IP); and  Adopt Resolution No. NS-30,502 authorizing the City Manager to submit proposed amendments to the LCP Land Use Plan and to the LCP IP to the California Coastal Commission for final certification.
 Direct staff to submit the above ordinance and resolution to the California Coastal Commission for certification, together with the other resolutions and amendments previously approved for the Downtown Plan Expansion.

At this time, Council heard item 16.

7.13 May 27, 2025 CITY COUNCIL MINUTES 7940
General Business

26. Independent Police Auditor Report 2024 (CM)
LOCATION: Citywide
Principal Management Analyst E. Nguyen introduced the item.

Michael Gennaco, Teresa Magula, and Samara Marion with OIR Group gave a presentation and responded to Council questions.

Chief of Police B. Escalante spoke and responded to Council questions.

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

Lee Brokaw
James Ewing-Whitman
Greg Benson
Mayor Keeley closed the public comment period.

MOTION: Councilmember O’Hara moved, seconded by Vice Mayor Kalantari-Johnson, to:
 Receive the annual report from the City’s Independent Police Auditor, OIR Group; and
 Direct the Independent Police Auditor to include in all future annual reports (1) a full summary of the appendices, highlighting key trends over time, and (2) a separate summary outlining how the report’s recommendations— particularly those related to policy, training, and oversight—will be advanced and/or monitored moving forward.

ACTION: The motion carried unanimously with the following vote.

AYES: Councilmembers Trigueiro, Brunner, Newsome, Golder, O’Hara; Vice Mayor Kalantari-Johnson; Mayor Keeley.

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

7.14 May 27, 2025 CITY COUNCIL MINUTES 7941
Public Hearings

27. Public Posting of Vacant Funded Positions and Recruitment and Retention Efforts in Compliance with Assembly Bill 2561 (AB 2561) (HR) LOCATION: Citywide
Chief People Officer S. De Leon 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 O’Hara moved, seconded by Councilmember Trigueiro, to receive the information report on the City of Santa Cruz Vacancies and Recruitment and Retention Efforts Pursuant to Government Code Section 3502.3.

ACTION: The motion carried unanimously with the following vote.

AYES: Councilmembers Trigueiro, Brunner, Newsome, Golder, O’Hara; Vice Mayor Kalantari-Johnson; Mayor Keeley.

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

28. Heritage Tree Mitigation/Replanting In Lieu Fee and Tree Bond Update (PR) LOCATION: Citywide
This item was continued to the June 24, 2025 meeting and was not discussed.

7.15 May 27, 2025 CITY COUNCIL MINUTES 7942
Public Hearings (continued)

29. Zoning Ordinance Amendments Related to Objective Design Standards for Multifamily Housing updates, Parking, Bicycle Parking and Facilities, State Density Bonus, Reasonable Accommodations for People with Disabilities, Licensed Community Care Facilities, Low-Barrier Navigation Centers, and Historic Structures on Mission Street; a General Plan Land Use Chapter Text Amendment; and Amendments to Titles 10 and 15 of the Santa Cruz Municipal Code Related to Standards for Driveways, Daylighting, Bicycle Parking, Electric Vehicle Charging, Loading, and Bicycle Facilities to Better Meet the City’s Policy Goals and Objectives and to Align with New State Laws (PL/PW) LOCATION: Citywide
Principal Planner M. VanHua introduced the item.

Planning Technician B. Williamson and Transportation Planner C. Gallogly gave a presentation and responded to Council questions.

Director of Planning and Community Development L. Butler and Senior Planner S. Neuse 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 Vice Mayor Kalantari-Johnson, to:
 Introduce for publication Ordinance No. 2025-14 amending Titles 10, 15 and 24 of the Municipal Code related to Parking, Bicycle Parking and Facilities, State Density Bonus, Licensed Community Care Facilities, and Low-Barrier Navigation Centers;
 Introduce for publication Ordinance No. 2025-15 amending the Local Coastal Program (LCP) Implementation Plan (IP) and Title 24 of the Municipal Code related to Objective Design Standards for Multifamily Housing, Reasonable Accommodations for People with Disabilities, Licensed Community Care Facilities, Low-Barrier Navigation Centers, and Historic Structures on Mission Street;
 Adopt Resolution No. NS-30, 503 amending the General Plan Land Use chapter text; and

7.16 May 27, 2025 CITY COUNCIL MINUTES 7943
Public Hearings (continued)

29. Zoning Ordinance Amendments Related to Objective Design Standards (PL/PW) LOCATION: Citywide (continued)
MOTION (continued):
 Acknowledge the determination that the proposed amendments are covered by the Environmental Impact Report prepared for the City’s General Plan and approved in June 2012 and find that the changes are also Exempt under California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3).

ACTION: The motion carried with the following vote.

AYES: Councilmembers Trigueiro, Brunner, Newsome, Golder, O’Hara; Vice Mayor Kalantari-Johnson; Mayor Keeley.

NOES: None.

ABSENT: None.

DISQUALIFIED: None.

Council took a break at 2:25 p.m. and returned at 3:42 p.m.

General Business

30. FY 2026 Proposed Budget (CM/FN)
LOCATION: Citywide
Director of Finance E. Cabell and Finance Manager E. Burton gave a presentation and responded to Council questions.

Principal Management Analyst L. Bass, Deputy City Manager/Director of Economic Development and Housing B. Lipscomb, and Principal Management Analyst V. Pearson responded to Council questions.

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

Cathryn McCormic
Esmeralda Torres
Leeann Luna
Mayor Keeley closed the public comment period.

Adjournment – Councilmember Golder moved, seconded by Councilmember Newsome, to adjourn. By consensus City Council adjourned at 5:08 p.m.

7.17 May 27, 2025 CITY COUNCIL MINUTES 7944
Respectfully Submitted:

Julia Wood, Deputy City Clerk Administrator
Attest:

Bonnie Bush, City Clerk Administrator
Approved:

Fred Keeley, Mayor

7.18 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
May 28, 2025
1:00 PM
Call to Order – Mayor Keeley called the study session to order at 1:03 p.m. in Council Chambers.

Roll Call

Present: Councilmembers Trigueiro, Brunner (left at 2:55 p.m.), Newsome, Golder, O’Hara (left at 2:55 p.m.); Vice Mayor Kalantari-Johnson; Mayor Keeley.

Absent: None.

Staff: City Manager M. Huffaker, Assistant City Manager M. Templeton, Assistant City Attorney C. Bronson, Director of Finance E. Cabell, Director of Water H. Luckenbach, Director of Public Works N. Nguyen, Chief of Fire R. Oatey, Deputy City Manager/Director of Economic Development and Housing B. Lipscomb, Chief People Officer S. De Leon, Director of Parks and Recreation T. Elliot, Director of Libraries, C. Platt, Director of Information Technology K. Morgan, Chief of Police B.

Escalante, Director of Planning and Community Development L. Butler, Principal Management Analyst M. Kaping, Principal Management Analyst L. Bass, Deputy City Clerk Administrator J. Wood, City Clerk Administrator B. Bush.

General Business

1. Study Session for the Enterprise Fund and CIP sections of the FY 2026 Proposed Budget (CM/FN/PW/WT)
LOCATION: Citywide
Director of Finance E. Cabell introduced the item.

Director of Water H. Luckenbach, Director of Public Works N. Nguyen, and Director of Parks and Recreation T. Elliot gave a presentation and responded to Council questions.

8.1 May 28, 2025 CITY COUNCIL STUDY SESSION MINUTES 4917 General Business (continued)

1. Study Session for the Enterprise Fund and CIP sections of the FY 2026 Proposed Budget (CM/FN/PW/WT) LOCATION: Citywide (continued)
Principal Management Analyst M. Kaping and Principal Management Analyst L.

Bass responded to Council questions.

Mayor Keeley requested staff report back to Council before the June 10th budget adoption with:
 A schedule for completing the improvements to the Ocean Street Gateway within the upcoming fiscal year; and
 A plan to improve the median design at the top six intersections with the most traffic volume in a way that is consistent with the laws surrounding free speech, but is mindful of public safety.

Councilmember O’Hara requested staff to include updates to the Municipal Code to address panhandling as a public health and safety issue at the same time as the environmental updates.

Adjournment – Vice Mayor Kalantari-Johnson moved, seconded by Councilmember Golder, to adjourn. By consensus City Council adjourned at 3:12 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: 05/27/2025
AGENDA OF: 06/10/2025
DEPARTMENT: City Clerk
SUBJECT: Enhanced Infrastructure Financing District Public Finance Authority Appointments (CC)
LOCATION: Citywide
RECOMMENDATION: Appoint David Doolin and David Foster as at-large members to the Enhanced Infrastructure Financing District Public Finance Authority with terms ending January 31, 2030.

BACKGROUND: At the March 25, 2025 City Council meeting, Councilmembers voted to establish the Santa Cruz Enhanced Infrastructure Financing District (EIFD) and the Santa Cruz EIFD Public Financing Authority (PFA), appointed the Councilmember representatives, and at this meeting will appoint two at-large members.

DISCUSSION: Once the at-large members are appointed, the EIFD and PFA will implement the District Infrastructure Financing Plan prepared and adopted pursuant to Sections 53398.59- 53398.74 of the government code. The PFA will oversee decision-making as it relates to use of EIFD funds for eligible projects, consistent with the Infrastructure Financing Plan adopted by the City Council, including decisions about potential issuance of debt based on the revenues of the EIFD.

The City Clerk’s Office has two applications on file, David Doolin and David Foster. If the City Council appoints both applicants, their terms will expire on January 31, 2030, and will be eligible for reappointment.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: Not applicable - Does not require CEQA review as it does not meet the definition of a Project.

HEALTH IN ALL POLICIES (HiAP): Though this administrative process of appointing members to the Enhanced Infrastructure Financing District Public Finance Authority is not directly related to Health in All Policies, the City recently adopted an ordinance that implemented a stipend for members serving on commissions, which aligns with the equity pillar of Health in All Policies.

9.1 FISCAL IMPACT:

1. The recommendation in this report impacts the General Fund: No

2. This recommendation requires a budget adjustment: No

3. The recommendation creates an on-going expenditure commitment: No FISCAL IMPACT DESCRIPTION: No impact.

Prepared By:

Bonnie Bush
City Clerk
Submitted By:

Michelle Templeton
Assistant City Manager
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. APPLICATIONS.PDF

9.2 9.3

9.4 9.5

9.6 9.7
City Council

AGENDA REPORT
DATE: 05/21/2025
AGENDA OF: 06/10/2025
DEPARTMENT: City Manager
SUBJECT: Commission for the Prevention of Violence Against Women and Santa Cruz Police Department 2024 Joint Annual Report (CM)
LOCATION: Citywide
RECOMMENDATION: Motion to receive the Commission for the Prevention of Violence Against Women and Santa Cruz Police Department 2024 Joint Annual Report and provide direction as necessary.

BACKGROUND: The Commission for the Prevention of Violence Against Women (CPVAW) implementing Ordinance No. 81-29 requires the Commission and the Police Chief to submit an annual report to the City Council reporting on their efforts as well as the Police Department’s efforts to carry out the purpose of the ordinance (Section 5.(d).1 and Section 6.(e)). The Commission appointed Chair Madura, and Commissioners Long and Feinman to an ad-hoc committee to prepare the 2024 CPVAW Annual Report.

DISCUSSION: In years past, the Commission has opted to submit an annual report in conjunction with the Chief of Police’s report. For 2024, the ad hoc committee has submitted a joint annual report for the City Council to consider. The 2024 report reflects a transition in data reporting as the Santa Cruz City Police Department (SCPD) and other agencies continue to align their reporting practices.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: The proposed Council action is not a “project” under CEQA because it does not have the potential to cause a physical change in the environment directly or indirectly.

HEALTH IN ALL POLICIES (HiAP): Of the three HiAP pillars (1) equity, (2) public health and (3) sustainability, CPVAW projects primarily address public health, which includes health and wellness, a safe and just community, lifelong learning, and education. The information included in this joint report demonstrates the coordinated efforts of the Commission and the SCPD in serving all residents of the City of Santa Cruz.

10.1 FISCAL IMPACT:

1. The recommendation in this report impacts the General Fund: No

2. This recommendation requires a budget adjustment: No

3. The recommendation creates an on-going expenditure commitment: No FISCAL IMPACT DESCRIPTION: There is no fiscal impact.

Prepared By:

Michelle McKinney
Administrative Assistant III
Submitted By:

Michelle Templeton
Assistant City Manager
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. CPVAW AND SCPD 2024 JOINT ANNUAL REPORT.PDF

10.2 The 2024 Annual Report & Joint Report on Sexual Assault Presented by the Commission for the
Prevention of Violence Against Women
&
The Santa Cruz Police Department
Approved on April 2, 2025

10.3 Dear Mayor Keeley and Esteemed Council Members,
On behalf of the Santa Cruz City Commission for the Prevention of Violence Against Women (CPVAW) and the Santa Cruz Police Department (SCPD), we are pleased to present the 2024 Joint Annual Report on Sexual Assault and Domestic Violence. This report represents a collaboration between CPVAW and the SCPD, aimed at addressing sexual assault and domestic violence against women in our community.

Purpose and Impact: We are confident that this report serves as a resource for community education and the activation of initiatives to reinforce safety measures and prevent violence against women. Through our unified endeavors, CPVAW and the SCPD are steadfast in our commitment to safeguarding the well-being of our residents and nurturing a secure environment for all.

Progress and Challenges: This report also serves as a vital compass for mobilizing initiatives to combat violence against women, which is at the core of CPVAW's mission. Our collaborative efforts are dedicated to ensuring the safety and welfare of every resident while upholding the dignity and rights of all individuals.

Ongoing Initiatives:
• SCPD remains committed and dedicated to conducting thorough, timely, and professional investigations, ensuring justice for survivors.
• CPVAW will persist in collaborating with educational and preventative programs, fostering awareness and prevention.
• Both entities will closely collaborate during critical events, emphasizing outreach and support.

Together, we are resolutely committed to eradicating sexual assaults and domestic violence in Santa Cruz. Our dedication extends to fostering community engagement and supporting programs and initiatives aimed at preventing violence against women. We sincerely thank you for your unwavering support in our shared endeavor to create a safer environment for all members of our community.

CPVAW and the SCPD stand committed to nurturing a culture of safety and support, enriching the lives of each resident we serve. Our commitment to delivering the highest level of service remains unwavering. Together, we strive to eliminate sexual assault and domestic violence through collaboration, community engagement, and effective solutions.

Respectfully submitted on behalf of CPVAW and the SCPD, Karen Madura Danielle Long Bernie Escalante
2025 Chair CPVAW 2024 Chair CPVAW Chief of Police, SCPD

10.4 CPVAW Annual Report 2024 Page 1

MISSION
To collaborate with local stakeholder partners and law enforcement to ensure best practices to respond to and prosecute violent crimes against women.

VISION
To end sexual assault, sexual harassment, and domestic violence in the City of Santa Cruz through prevention, programs, and public policy.

ABOUT CPVAW
To end sexual assault, sexual harassment, and domestic violence in the City of Santa Cruz through prevention, programs, and public policy. Its creation was a response to the high rates of domestic violence and sexual assault in the city and the need for a community-led effort to address these issues.

The Commission's main focus areas and priorities include:
• Providing education to the community and raising awareness of the resources available to survivors of violence.
• Advocating for the development of programs and services that support survivors. • Promoting the prevention of violence by addressing its root causes.

The Commission’s primary goal is to raise awareness of the impact of violence against women and to promote healthy, non-violent relationships. In addition, it seeks to engage and empower community members to prevent violence through education, support, and resources. We also collaborate with other organizations and agencies to develop coordinated responses to violence against women, which includes training and educating first responders and law enforcement.

The Commission also has several specific goals and priorities that have been identified, including developing prevention programs for youth, working to increase the availability and accessibility of services for survivors, improving data collection and reporting on violence against women, and addressing the intersections of violence with issues such as racism and poverty. In 2024 the Commission focused on these two goal areas:

1. Increase CPVAW's Visibility and Impact

2. Strengthen CPVAW's Processes
Overall, CPVAW is committed to creating a safe and supportive community for all women, free from violence and oppression. Established in 1981by Ordinance 81-29, CPVAW consists of

10.5 CPVAW Annual Report 2024 Page 2
seven city resident volunteers who are appointed by the Santa Cruz City Council. Originally broughtforward by community members,then approved by the City Council, the Commission isa CityCouncil Advisory Body.
2024 Commissioners
Courtney Barrett
Ilene Feinman
Danielle Long, Chair
Karen Madura, Vice Chair
Anissa Novak
Ann Simonton
Gabriella Trigueiro
CPVAW Meetings
CPVAW schedules sixmeetings per year onthe first Wednesday ofthe monthat6:30pm. We encourage members ofour community and city government toattend CPVAW meetings. We hope tofoster anopen dialogue withour community toshare information and concerns, and towork together todevelop policies and programs that further our mission.

Purpose of the Report
The purpose of the report is to provide a better understanding for our community members regarding the issue of sexual assault, domestic violence, and identify local trends and key findings. This report should be used to tailor educational outreach, define opportunities for our community to reduce sexual assault, and identify ways for the Santa Cruz Police Department to remain up to date on the best practices when working with victims, and when conducting investigations.

Data Sources
The SCPD is currently transitioning from the Uniform Crime Reporting (UCR) Summary Reporting System (SRS) to UCR National Incident-Based Reporting System (NIBRS) / California IncidentBased Reporting System (CIBRS). NIBRS is now the FBI’s statistical guideline for the entire nation which captures a higher standard of data reporting, better informing both the public and agencies on crime in general.

A few key benefits of this change will be that SRS used the hierarchy rule to only count the highest offense in each incident, whereas NIBRS/CIBRS counts up to 10 offenses per incident and reports on more offense categories than SRS. NIBRS captures detailed and meaningful information on victims, relationships between victims and offenders, property, arrestees, attempted versus completed crimes, and known offenders. This information provides greater insight into incidents holistically.

10.6 CPVAW Annual Report 2024 Page 3
Below is a table showing the expanded categories in UCR CIBRS/NIBRS compared to UCR SRS (Source: SCPD):

One of the primary advantages of NIBRS over UCR Summary is its ability to provide greater detail and context about crime incidents. By capturing information on multiple offenses within a single incident and including data on victim characteristics and relationships between victims and offenders, NIBRS offers insights into the dynamics of criminal activity that are not available through UCR Summary. This level of detail allows law enforcement agencies, policymakers, and researchers to better understand the nature and extent of crime in their communities, identify emerging trends, and tailor prevention and intervention strategies accordingly.

Moreover, NIBRS facilitates more accurate and standardized reporting practices by using a broader and more detailed set of data elements. This standardized approach reduces inconsistencies in reporting among different agencies and ensures that crime data are comparable and reliable across jurisdictions.

Despite its many advantages, NIBRS has been presented with its own challenges. While NIBRS was developed in the 1980s, its nationwide implementation has been gradual. The FBI has encouraged law enforcement agencies to transition from the traditional UCR Summary reporting format to NIBRS reporting over time. However, the transition process has been voluntary, and many agencies continue to report crime data using the summary-based UCR format. Many law enforcement agencies lack the resources and capacity to invest in training and technology to implement NIBRS fully.

While both the UCR Summary system and NIBRS systems aim to provide valuable insights into crime trends and statistics, NIBRS offers a more comprehensive and detailed approach to crime reporting. By adopting a broader definition of rape and collecting more detailed information about each incident, NIBRS provides a more accurate representation of the prevalence and nature of sexual assaults and other crimes. With the FBI's recent commitment to transitioning to NIBRS

10.7 CPVAW Annual Report 2024 Page 4
reporting nationwide, law enforcement agencies and policymakers will have access to richer and more reliable crime data to inform their efforts to enhance public safety and address criminal justice issues.

HIGHLIGHTS OF 2024 COMMISSION ACTIVITIES
• Issued CPVAW Newsletter 2024
• Partnered with Santa Cruz City Schools to provide student safety and wellness programs • Continued providing drug testing coasters at local establishments • Increased CPVAW brand awareness by giving out t-shirts, tote bags, and stickers at community events
• Increased community-based organization partnerships by collaborating on the following programs and events: Dyke Trans March, Pride Parade, March to End Homelessness, She Is Beautiful race; Walnut Avenue Family and Women’s Center; Monarch Services • Domestic Violence Awareness Month: DVAM Banner hung at City Hall throughout the month; Monarch Services poster contest
• Hired half-time staff to support programs
• Created a shared data page to centralize information and resources related to domestic violence and sexual assault to enhance collaboration among service providers, improve public awareness, and inform policy-making efforts.

10.8 CPVAW Annual Report 2024 Page 5
Santa Cruz County Civil Grand Jury
In June 2024, the Santa Cruz County Civil Grand Jury issued a report “City of Santa Cruz:

Preventing Rape and Domestic Violence, Where’s the Priority?” (Rape Data Draft Report) which required responses from the Santa Cruz City Council, and invited responses from CPVAW, Santa Cruz City Manager and Superintendent, Santa Cruz City Schools. The report with responses can be found here: 2024-9_RapeData_Report_with_Responses.pdf.

Statistical Data for the City ofSanta Cruz
CPVAW collects data on Domestic Violence trends in the City. Domestic violence is defined as “abuse committed against an adult or a minor who is a spouse, former spouse, cohabitant, former cohabitant, or person with whom the suspect has had a child or is having or has had a datingor engagement relationship.”
The chart below includes both Domestic Violence (DV) cases and Rape cases as defined by the UCR over the past nine years. A review of this data shows a 34% decrease in Domestic Violence from 328 cases in 2020 to 218 cases in 2021, and an all-time low of 202 cases in 2023. Data for 2024 is not available.

For UCR Reported Rapes data there was a high of 57 cases in 2017, to a low of 29 cases in 2019. There has been a 26% decrease from 2022 (46 cases) to 2023 (34 cases). Data for 2024 is not available.

Data source: SCPD and DOJ
DOJ has not published data for 2021
334 334
317 308
339 328
218
235
202
44 45 57
34 29 33 34 46 34
0 50
100
150
200
250
300
350
400
2015 2016 2017 2018 2019 2020 2021 2022 2023
Domestic Violence Cases & UCR Rape Data
DV Battery Cases UCR Reported Rapes
“Rape is the most under-reported crime; 63% of sexual assaults are not reported to police.” National Sexual Violence Resource Center, Info & Stats for Journalists: Statistics About Sexual Violence

10.9 CPVAW Annual Report 2024 Page 6
Department of Justice UCR Data & California Penal Code Sections The UCR data is a summary composed of five different California Penal Code Sections. To understand the data, staff looked at each penal code section separately over the past 14 years. A reported crime may include multiple offenses within one case. This can make it difficult to interpret the data. The graph below shows that within the UCR data, PC261/262 “Rape” has the highest crime rate. There is a notable decline from the peak in 2014 of 47 cases to 17 cases in 2023.

Data from 2024 is not available.

There has been a decline from 2022-2023 in each of the separate penal codes with the exception of PC289 which increased from 4 cases to 7 cases.

Source: SCPD
• California Penal Codes
Sexual assault in California is defined as any sexual activity against the consent of the victim by means of force, threat of force, violence, duress, or where the victim is incapable of giving consent or is unconscious of the nature of the act. This includes various penal codes in addition to rape. o 220 PC Attempted Rape: attempted unwanted vaginal intercourse. o 261/262 PC Rape: unwanted vaginal intercourse
o 286 PC Sodomy: unwanted anal intercourse
o 287/288 PC Oral Copulation: unwanted oral intercourse o 289 PC Penetration with a foreign object
*PC262 Spousal Rape was repealed 2021, now under PC261
*PC288 Oral Copulation – in 2019 became PC287
24 29 28
36 47
29 38
27 29
17 20
18 23
17 0
5 10
15 20
25 30
35 40
45 50
2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 California Penal Code Sections
PC220 PC261/262 PC286 PC288/287 PC289

10.10 CPVAW Annual Report 2024 Page 7
City of Santa Cruz Domestic Violence Trends: 2008-2024
According to CA Penal Code Section 13700-13702, domestic violence means abuse committed against an adult or a minor who is a spouse,former spouse, cohabitant, former cohabitant, or person with whom the suspect has had a child or is having or has had a datingor engagement relationship. CA Penal Code Sections 273.5 and 243e1 are used to identify these cases.

A 17-year look at the number of Domestic Violence cases shows a high of 339 cases in 2019, and an all-time low of 199 cases in 2024.

Source: SCPD, previous CPVAW Annual Reports.
“One in four homicides in the United States is related to domestic violence.” Improving Law Enforcement Response to Sexual Assault and Domestic Violence by Identifying and preventing Gender Violence. Department of Justice. 2019 Homicide trends in the United States: Intimate homicide. U.S. Department of Justice,

10.11 CPVAW Annual Report 2024 Page 8
As described on pages 2-3 of this report, the SCPD is currently transitioning from the Uniform Crime Reporting (UCR) Summary Reporting System (SRS) to UCR National Incident-Based Reporting System (NIBRS) / California Incident-Based Reporting System (CIBRS). The table below displays preliminary 2024 SCPD data using the NIBRS format for the first three quarters.

Who are the perpetrators?
The majority of perpetrators are someone known to the victim. Approximately eight out of 10 sexual assaults are committed by someone known to the victim, such as in the case of intimate partner sexual violence or acquaintance rape.

RAINN (Rape, Abuse, Incest National Network)

10.12 CPVAW Annual Report 2024 Page 9

10.13 CPVAW Annual Report 2024 Page 10
While CPVAW does not receive data with regards to age, gender, or other statistical details of victims in the City of Santa Cruz, a literature search of victims of sexual assault reveals the following staggering data points:

Ages 12-34 are the highest
risk years for rape and
sexual assault.

According to a recent study
(1) “Adolescents are at
higher risk of sexual assault
than any other age
group…”, “…Teenagers who have been sexually assaulted are at risk of mental health conditions and poor school performance, research found. The increased risk lasted for more than a year.” (1) Clarke, V., Goddard, A., Wellings, K. et al. Medium-term health and social outcomes in adolescents following sexual assault: a prospective mixed-methods cohort study. Soc Psychiatry Epidemiol 58, 1777–1793 (2023). https://doi.org/10.1007/s00127-021-02127-4
An unfortunate statistic from RAINN, the vast majority of perpetrators will not go to jail or prison.

Out of every 1,000 sexual assaults, 975 perpetrators will walk free.

10.14 CPVAW Annual Report 2024 Page 11

CONCLUSION
Recommendations
CPVAW and the SCPD share the common goal of keeping women safe in our community and make the following recommendations:
• CPVAW and the SCPD collaborate on their efforts to improve the safety of women in the City of Santa Cruz.
• CPVAW and the SCPD assess their programming, outreach efforts, collaboration with other community partners to better meet the needs of the women in the community. • CPVAW continues to work on their established goals:

Goal 1: Increase CPVAW's Visibility and Impact
• Deliverable: CPVAW will track and report on visibility and impact via metrics on distribution of information items and CPVAW-related branding materials (e.g. coasters, information flyers, packets distributed at events, number of events attended and co-sponsored).

Goal 2: Strengthen CPVAW’s Processes
• Deliverable: Complete and share CPVAW policy and strategic documents as a measure of outlined projects therein.
• The SCPD continues its commitment to providing the highest level of professional training on sexual assault response to victims and assault investigations to all of its police officers.

SANTA CRUZ COUNTY RESOURCES
• Law Enforcement – 911
• Santa Cruz Police Department Victim Advocate:
(831) 420-5827
• Monarch Services
24-hour Bilingual Crisis Help Line
1 (888) 900-4232
Santa Cruz Office
550 Water Street Suite J3
Santa Cruz, CA 95060
(831) 425-4030
• Walnut Avenue Family & Women’s Center
24-hour Domestic Violence Helpline
1 (866) 269-2559
• National Domestic Violence Hotline
1 (800) 799-7233

10.15 Brittany Inclan
From: Gillian Greensite <[email protected]>
Sent: Sunday, June 8, 2025 10:31 PM
To: Fred Keeley; Shebreh Kalantari-Johnson; Renee Golder; Scott Newsome; Susie O'Hara; [email protected]; Sonja Brunner; City Council Subject: CPVAW & SCPD Annual Report: Consent Agenda #10 Dear Mayor, Vice Mayor and Council members,
As an expert in the field of sexual assault, I offer the following comments on the Annual Report:

1. There are discrepancies in the numbers of rape reported for 2023, the last year of available data. On page 5 of the report, the bar graph shows 34 rapes. On page 6, the line graph shows 17 rapes. On the SCPD website the number shown is 21 rapes.

2. Much of the report is filled with details of the NIBRS reporting system. This is of little service to the community.

Despite the fact SCPD has shifted to NIBRS, the data on the SCPD website- as sparse as it is compared to previous years where the disposition of individual rape cases was posted- is still expressed as UCR totals. 3 The city of Santa Cruz has a history of a higher percentage of rapes committed by strangers (as opposed to acquaintances or brief encounters) than state or national norms. CPVAW no longer captures this important local metric. Rather, it quotes National RAINN data which may actually be at odds with the city’s reality around rape. In fact much of the verbiage in the report is quoting general information. The community needs local information.

That is the purpose of the report.

4. Since NIBRS data includes age, familiarity, ethnicity, and other important information, the failure of CPVAW to communicate whether the city continues to have a higher percentage of stranger rapes does not align with its stated goal of preventing rape and contributing to the safety of the community. Stranger rape is not more serious than rapes by familiars but the response for personal safety and avoidance is quite different.

5. Ask a female member of the community the following question: “ would you like to know if there has been a rape committed by an unknown assailant in a particular council district? Whether the assailant has been arrested, and if not, whether you would appreciate knowing a description of the perpetrator and the general area the crime is alleged to have occurred? The answer will be affirmative. The community needs to know this information.

6. The police chief said the department has not discontinued providing alerts to the community of a rape by a stranger. Ask the police chief to provide you with the latest alert with the date issued, the description of the suspect and the general area the crime is alleged to have been committed. Such alerts used to include a sketch of the suspect.

Respectfully submitted,
Gillian Greensite
Sent from my iPad

10.16 City Council

AGENDA REPORT
DATE: 05/22/2025
AGENDA OF: 06/10/2025
DEPARTMENT: City Manager
SUBJECT: Sustainability and Resiliency Committee Pilot (CM) LOCATION: Citywide
RECOMMENDATION: Motion to approve the City Manager’s recommendations for the Sustainability and Resiliency Committee pilot with terms ending in December 2026.

BACKGROUND: In June 2024, the City Council directed the City Manager to convene a new committee as an 18-month pilot to replace the Climate Action Task Force that was originally convened in 2008. This new committee would advise the City Manager and Council on a select subset of climate, sustainability and resiliency topics as directed in City Council in the Climate Action Plan 2030 (CAP 2030), the CAP 2030 3-year Implementation Workplan and Local Hard Mitigation and Climate Adaptation Plan and not already within the purview of other City commissions and committees. The Sustainability and Resiliency Committee (SRC) Bylaws were approved by the City Council on January 14, 2025. At the conclusion of the 18-month pilot, the City Manager will draft a report for the City Council evaluating the effectiveness of the committee in achieving its purpose and make any recommendations about the future need and/or format of a sustainability and resiliency advisory body.

DISCUSSION: The recruitment for the SRC included selection of 1 representative each from the Parks and Recreation, Transportation and Public Works, Planning and Water Commissions.

Each commission selected representatives in February 2025. The proposed commission representatives nominated are: Ron Goodman (Transportation and Public Works Commission), Pete Kennedy (Planning Commission), Leonardo Cruz (Parks and Recreation Commission) and Justin Burks (Water Commission).

The recruitment for 3 at-large members of the SRC was promoted through a variety of means including the City Manager’s weekly update, the City’s website and social media, the prior Climate Action Task Force and West Cliff Implementation Committee, nonprofit partners (e.g., Ecology Action, Ventures), youth liaisons, and other newsletters (e.g., Environteers, Santa Cruz Climate Action Network). The City accepted applications between January 15, 2025 and February 24, 2025 for the 3 at-large resident members, which includes 1 resident member age 24 or younger. Staff compiled the applications which were reviewed by the City Manager. There were 17 City residents who submitted applications for the 3 at-large members (Attachment:

Applications). Because the applicants in the youngest age category on the standard advisory

11.1 body application (18 – 35 years old) were, upon verification, either over the age of 24 or nonresponsive, the City SRC’s commencement was delayed in order to conduct a 2nd recruitment for the youth at large member. City staff conducted a second recruitment from late March through April 2025. As a result of both recruitments, the City Manager recommends the following residents for appointment as the three at-large members to the SRC: Reese Weiss (youth at-large member), Maggie Long, and Shaun Burns. Qualifications for the at-large member nominations are included in the Attachment: Applications.

Upon City Council approval of the City Manager’s nominations, City staff will coordinate a time for the first meeting of the SRC. The SRC’s first meeting will be convened this summer and will be held quarterly in the City Council Chambers from that point onward until the conclusion of the pilot in December 2026.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: Not applicable. Does not require CEQA review as it does not meet the definition of a Project under CEQA as it does not have a potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment HEALTH IN ALL POLICIES (HiAP): HiAP is a collaborative approach to improving the community well-being of the City’s residents by prioritizing public health, sustainability and equity into decision-making across sectors and policy areas. The goal of HiAP is to ensure that all decision-makers are informed about the health, equity, and sustainability impacts of various policy options during the policy development process so that they have holistic information upon which to make decisions. The approval of the new SRC pilot and its commencement fully supports the sustainability pillar of HiAP in that it provides opportunities for members of the community to weigh in on the implementation of both the Climate Action Plan 2030 and the (Local Hazard Mitigation and) Climate Adaptation Plan (2025-2030). The equity pillar is also addressed in that the SRC was promoted to youth and diverse nonprofit partners, includes a youth member and the City provides a stipend for SRC members as needed.

FISCAL IMPACT:

1. The recommendation in this report impacts the General Fund: Yes

2. This recommendation requires a budget adjustment: No

3. The recommendation creates an on-going expenditure commitment: No FISCAL IMPACT DESCRIPTION: Members are eligible for the need-based stipend available for advisory body members as budgeted from the General Fund.

Prepared By:

Tiffany Wise-West, P.E.

Sustainability and Resiliency
Officer
Submitted By:

Michelle Templeton
Assistant City Manager
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. APPLICATIONS.PDF

11.2 11.3

11.4 11.5

11.6 11.7

11.8 Please note: his application is considered a public document and will be available for release upon request.

CITY OF SANTA CRUZ APPLICATION FOR APPOINTMENT TO

ADVISORY BODIES
Applications will be considered active for two years from date of submission. If vacancies occur, your application may be reconsidered by the Council.

NAME* DATE
RESIDENCE ADDRESS* CITY ZIP
EMAIL* HOME CELL #

EMPLOYER OCCUPATION
REGISTERED CITY VOTER? Yes No YEARS LIVED IN CITY LIMITS OF SANTA CRUZ EMPLOYED BY CITY OF SANTA CRUZ? Yes No PRESENTLY SERVING ON ADVISORY BODY?** Yes No PERSONAL REFERENCE or
ENDORSING COUNCILMEMBER (optional) PHONE
*required fields.

ADVISORY BODIES
If you are applying for more than one advisory body, please rank your preferences numerically with #1 as your first choice.

Arts Commission* Historic Preservation Commission*
Board of Building Appeals* Parks and Recreation Commission* Children’s Fund Oversight Committee Planning Commission* Commission for the Prevention of Violence Against Women* Sister Cities Committee Downtown Commission* Transportation and Public Works Commission* Equal Employment Opportunity Committee Water Commission* Other Advisory Body, or if you are applying for a specialized category, please indicate:

Advisory Body Category
* A Statement of Economic Interest must be filed after appointment by those appointed to the advisory bodies marked with an asterisk (*). The statement includes, but is not limited to, disclosure of financial, business and real property interests held by the appointee (and spouse) in the City of Santa Cruz or within 2 miles of the jurisdiction of the City of Santa Cruz. ** Council Policy 5.1 states that members shall not serve simultaneously on more than one advisory body. If you are presently serving on (or are appointed to) an advisory body, your application to serve on a second advisory body will be forwarded to the Council for consideration only if you indicate that you are willing to resign from the first advisory body. If you are appointed to serve on an advisory body, you may also be eligible to serve on another advisory body or task force if it is scheduled to sunset within 13 months.

SIGN AND RETURN TO CITY CLERK’S DEPARTMENT
By Email [email protected]
By Mail/In Person: 809 Center Street, Room 8
Santa Cruz, CA 95060
Signature of Applicant Fax: 831-420-5031
How did you hear about the advisory body opening?
City Website Word of mouth Display ad City Staff, Commissioner, or Councilmember Other (explain)
● PLEASE USE THE REVERSE SIDE FOR ADDITIONAL INFORMATION ●

11.9 Please note: his application is considered a public document and will be available for release upon request. The Demographic Survey is for data collection only - it is not public information and will be redacted prior to release.

Please answer the following questions. *required fields (Feel free to attach additional sheets.)

1. Why are you interested in this position? What particular skills would you bring to the Commission/Committee/ Board?

2. What types of diverse interests/experiences would you bring to the Commission/Committee/Board?

3. List community/volunteer activities with which you have been involved in the last five (5) years.

Demographic Survey (optional)

11.10 Please note: his application is considered a public document and will be available for release upon request.

CITY OF SANTA CRUZ APPLICATION FOR APPOINTMENT TO

ADVISORY BODIES
Applications will be considered active for two years from date of submission. If vacancies occur, your application may be reconsidered by the Council.

NAME* DATE
RESIDENCE ADDRESS* CITY ZIP
EMAIL* HOME # CELL #

EMPLOYER OCCUPATION
REGISTERED CITY VOTER? Yes No YEARS LIVED IN CITY LIMITS OF SANTA CRUZ EMPLOYED BY CITY OF SANTA CRUZ? Yes No PRESENTLY SERVING ON ADVISORY BODY?** Yes No PERSONAL REFERENCE or
ENDORSING COUNCILMEMBER (optional) PHONE
*required fields.

ADVISORY BODIES
If you are applying for more than one advisory body, please rank your preferences numerically with #1 as your first choice.

Arts Commission* Historic Preservation Commission*
Board of Building Appeals* Parks and Recreation Commission* Children’s Fund Oversight Committee Planning Commission* Commission for the Prevention of Violence Against Women* Sister Cities Committee Downtown Commission* Transportation and Public Works Commission* Equal Employment Opportunity Committee Water Commission* Other Advisory Body, or if you are applying for a specialized category, please indicate:

Advisory Body Category
* A Statement of Economic Interest must be filed after appointment by those appointed to the advisory bodies marked with an asterisk (*). The statement includes, but is not limited to, disclosure of financial, business and real property interests held by the appointee (and spouse) in the City of Santa Cruz or within 2 miles of the jurisdiction of the City of Santa Cruz. ** Council Policy 5.1 states that members shall not serve simultaneously on more than one advisory body. If you are presently serving on (or are appointed to) an advisory body, your application to serve on a second advisory body will be forwarded to the Council for consideration only if you indicate that you are willing to resign from the first advisory body. If you are appointed to serve on an advisory body, you may also be eligible to serve on another advisory body or task force if it is scheduled to sunset within 13 months.

SIGN AND RETURN TO CITY CLERK’S DEPARTMENT
By Email [email protected]
By Mail/In Person: 809 Center Street, Room 8
Santa Cruz, CA 95060
Signature of Applicant Fax: 831-420-5031
How did you hear about the advisory body opening?
City Website Word of mouth Display ad City Staff, Commissioner, or Councilmember Other (explain)
● PLEASE USE THE REVERSE SIDE FOR ADDITIONAL INFORMATION ● Sheyna Burns 1/29/2025
Santa Cruz 95064
3 Anne Kapuscinski
Sustainability and Resiliency Committee
✔
✔ ✔
✔
Print Form Email Form

11.11 Please note: his application is considered a public document and will be available for release upon request. The Demographic Survey is for data collection only - it is not public information and will be redacted prior to release.

Please answer the following questions. *required fields (Feel free to attach additional sheets.)

1. Why are you interested in this position? What particular skills would you bring to the Commission/Committee/ Board?

2. What types of diverse interests/experiences would you bring to the Commission/Committee/Board?

3. List community/volunteer activities with which you have been involved in the last five (5) years.

Demographic Survey (optional)
I am passionate about creating sustainable, resilient food systems and equitable urban development. As a UCSC Agroecology major concentrating in Controlled Environment Agriculture (CEA), I have dedicated my academic and professional career to addressing food insecurity, resource efficiency, and climate adaptation strategies. My work in urban agriculture, particularly through CEA, aligns with the City of Santa Cruz’ s goals for sustainability and resilience. I am particularly interested in ensuring that sustainability efforts are inclusive, benefiting historically marginalized communities and addressing food deserts. Serving on this committee would allow me to contribute my expertise and collaborate on policies that make Santa Cruz a leader in sustainable urban development.

I bring a multidisciplinary approach to sustainability, combining technical knowledge, policy research, and community engagement. My skills include:
- Sustainable Food Systems & Urban Agriculture: Expertise in controlled environment agriculture, hydroponics, and aquaponics, with a focus on local food production and reducing resource waste. - Policy & Research Experience: As a USDA Next Generation Fellow and a researcher in UCSC’ s Aquaculture Lab, I analyze sustainability policies and develop innovative solutions for food and water security.
- Community Advocacy & Leadership: Experience working with BIPOC and underserved communities, advocating for food justice, and participating in policy discussions on environmental resilience. - Strategic Planning & Collaboration: Involvement in grant writing, public speaking, and stakeholder engagement to secure funding and build partnerships for sustainable initiatives.

I am eager to bring these skills to the Sustainability and Resiliency Committee to help develop actionable policies that support long-term environmental and economic stability in Santa Cruz.

I bring a diverse set of experiences and perspectives that bridge sustainability, food justice, urban resilience, and community advocacy. As a first-generation college student, single parent, and woman of color in STEM, I understand the systemic challenges that marginalized communities face in accessing sustainable resources, affordable housing, and economic opportunities. These lived experiences drive my commitment to ensuring that sustainability initiatives are equitable, inclusive, and community-driven.

My background includes:
- Sustainable Agriculture & Food Security: As an Agroecology major with a focus on Controlled Environment Agriculture, I specialize in hydroponics, aquaponics, and urban farming—all crucial for climate resilience and local food production. My research explores circular economy models, reducing food waste, and increasing access to fresh, nutritious food in food-insecure communities. - Environmental & Climate Resilience: Through my work in UCSCs Aquaculture Lab and research into sustainable farming models, I analyze solutions for water conservation, carbon sequestration, and reducing ecological footprints in urban settings. - Community Advocacy & Social Justice: My efforts focus on uplifting BIPOC voices in food and environmental spaces, ensuring that sustainability policies do not disproportionately burden low-income families but instead empower them. I actively work on grant writing, policy research, and stakeholder engagement to develop scalable solutions for environmental and economic sustainability. - Policy & Leadership Experience: As a USDA Next Generation Fellow, I have worked on policy-driven initiatives to support urban farming, sustainable food systems, and environmental resilience. I have also collaborated with city officials, researchers, and community leaders to bridge the gap between policy and on-the-ground action.

By serving on this committee, I hope to integrate scientific research, lived experiences, and community advocay into actionable policies that make Santa Cruz a leader in sustainable urban development and climate adaptation.

1. USDA Next Generation Leadership Fellow (2024 - Present) - Selected for a prestigious national fellowship focused on food systems policy, sustainability, and leadership development. - Engaged in research and policy discussions on climate resilience, food justice, and sustainable agriculture.

2. UCSC Agroecology Educational Equity Team (2024 - Present) - Worked with faculty and students to improve educational access, equity, and inclusivity in agroecology programs. - Helped recruit and mentor BIPOC students interested in sustainable agriculture and environmental justice.

3. Researcher at UCSC’ s Aquaculture Lab (2023 - Present) - Conducting research on sustainable aquaponic systems to improve food security and environmental sustainability. - Collaborating with faculty and graduate students to apply research in real-world food production models.

5. Advocate for Urban Agriculture & Sustainable Development in East Oakland (2023 - Present) - Developing plans for retrofitting buildings into aquaponic vertical farms in underserved communities. - Working on grant proposals and policy advocacy to bring sustainable farming to food desert areas.

6. Ujaama Farm Collective & We Grow Farms Visits & Engagement (2024) - Built relationships with Black-led urban farms focused on community-driven food production and land stewardship. - Engaged in knowledge exchange on alternative food systems and cooperative farming models.

7.*Outreach & Networking with Policy Leaders (2024 - Present) - Participated in meetings with former Senator & White House Representative Harold Mitchell to discuss securing funding for environmental sustainability initiatives. - Researched and presented models for urban aquaponics and closed-loop food production to policymakers.

8. **Mentorship & Support for First-Gen & Student-Parent Communities (Ongoing)** - As a **single parent and first-gen college student**, I provide **peer mentorship and advocacy** for student parents navigating higher education and housing challenges.

Would you like me to refine any of these or add more details based on your experiences?

11.12 11.13

11.14 Please note: his application is considered a public document and will be available for release upon request.

CITY OF SANTA CRUZ APPLICATION FOR APPOINTMENT TO

ADVISORY BODIES
Applications will be considered active for two years from date of submission. If vacancies occur, your application may be reconsidered by the Council.

NAME* DATE
RESIDENCE ADDRESS* CITY ZIP
EMAIL* HOME # CELL #

EMPLOYER OCCUPATION
REGISTERED CITY VOTER? Yes No YEARS LIVED IN CITY LIMITS OF SANTA CRUZ EMPLOYED BY CITY OF SANTA CRUZ? Yes No PRESENTLY SERVING ON ADVISORY BODY?** Yes No PERSONAL REFERENCE or
ENDORSING COUNCILMEMBER (optional) PHONE
*required fields.

ADVISORY BODIES
If you are applying for more than one advisory body, please rank your preferences numerically with #1 as your first choice.

Arts Commission* Historic Preservation Commission*
Board of Building Appeals* Parks and Recreation Commission* Children’s Fund Oversight Committee Planning Commission* Commission for the Prevention of Violence Against Women* Sister Cities Committee Downtown Commission* Transportation and Public Works Commission* Equal Employment Opportunity Committee Water Commission* Other Advisory Body, or if you are applying for a specialized category, please indicate:

Advisory Body Category
* A Statement of Economic Interest must be filed after appointment by those appointed to the advisory bodies marked with an asterisk (*). The statement includes, but is not limited to, disclosure of financial, business and real property interests held by the appointee (and spouse) in the City of Santa Cruz or within 2 miles of the jurisdiction of the City of Santa Cruz. ** Council Policy 5.1 states that members shall not serve simultaneously on more than one advisory body. If you are presently serving on (or are appointed to) an advisory body, your application to serve on a second advisory body will be forwarded to the Council for consideration only if you indicate that you are willing to resign from the first advisory body. If you are appointed to serve on an advisory body, you may also be eligible to serve on another advisory body or task force if it is scheduled to sunset within 13 months.

SIGN AND RETURN TO CITY CLERK’S DEPARTMENT
By Email [email protected]
By Mail/In Person: 809 Center Street, Room 8
Santa Cruz, CA 95060
Signature of Applicant Fax: 831-420-5031
How did you hear about the advisory body opening?
City Website Word of mouth Display ad City Staff, Commissioner, or Councilmember Other (explain)
● PLEASE USE THE REVERSE SIDE FOR ADDITIONAL INFORMATION ● Ryan Jacoby January 26, 2025
Santa Cruz 95062
Resource Innovations, Inc. Strategic Partnerships Manager

5.5 Sustainability and Resiliency Committee
✔
✔ ✔
✔
Print Form Email Form

11.15 Please note: his application is considered a public document and will be available for release upon request. The Demographic Survey is for data collection only - it is not public information and will be redacted prior to release.

Please answer the following questions. *required fields (Feel free to attach additional sheets.)

1. Why are you interested in this position? What particular skills would you bring to the Commission/Committee/ Board?

2. What types of diverse interests/experiences would you bring to the Commission/Committee/Board?

3. List community/volunteer activities with which you have been involved in the last five (5) years.

Demographic Survey (optional)
I’m interesting in contributing to local conversations that directly impact our local communities by applying my knowledge of energy systems (procurement, programs, rates and technologies) and decade of experience in regional government. I appreciate being considered for the opportunity and believe my familiarity with energy use in buildings, public planning processes, and desire to provide service to local communities will provide value to other Committee members and City Staff. I am also interested in learning from other community members, and helping to build community through transparent discussion and recommendations.

My lived experiences include being raised by a single mother who I watched struggle to afford rent while raising her daughter and son. Through her, I gained an appreciation of strong work ethic, which translated to the start of a ten-year career (so far) in public service and ultimately a recent transition to a woman-owned and led consulting organization. Through my professional experience, I have knowledge of and interest in state and regional mandates/planning processes (SB 1383, Regional Housing Needs Assessment, renewable energy, etc.) and how most of these topics intersect with larger issues of housing affordability, transportation planning, and equity. *Santa Cruz Parent Education Nursery School (SCPENS)
*Sea Hugger Beach Cleanups
*Committee for South African Solidarity
*GRID Alternatives, Domestic & International Volunteer Solar Installer, Nepal *East Bay Regional Parks District Volunteer

11.16 11.17

11.18 11.19

11.20 11.21

11.22 11.23

11.24 11.25

11.26 11.27

11.28 11.29

11.30 11.31

11.32 11.33

11.34 11.35

11.36 11.37

11.38 11.39

11.40 11.41

11.42 11.43

11.44 11.45

11.46 11.47

11.48 City Council

AGENDA REPORT
DATE: 05/22/2025
AGENDA OF: 06/10/2025
DEPARTMENT: City Manager
SUBJECT: City Overlook Emergency Shelter Operations and Management Award Contract (CM)
LOCATION: District 1
RECOMMENDATION: Motion 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 to authorize the City Manager to execute an agreement in a form approved by the City Attorney pending adoption of the FY 2026 approved budget. The Director of Homelessness Response and Community Programs is authorized to execute change orders within the approved budget.

BACKGROUND: In June of 2021, the City Council approved the Camping Standards and Service Ordinance (CSSO), which directed staff to ensure at least 150 safe sleeping spots were created and maintained. Shortly thereafter, the City issued a Request for Qualifications (RFQ) to solicit competitive proposals for a variety of homelessness services, including operation of an emergency shelter. At that time, the City received two competitive bids for operating large shelter programs, and The Salvation Army (TSA) scored the highest due to their experience both locally and nationally in shelter operations.

The initial contract with TSA for the City Overlook program operation was approved by City Council in December 2021 for a 75-space emergency shelter program located on the south lawn of the National Guard Armory building in upper DeLaveaga Park. In June of 2022, the contract was amended to include operating inside the Armory building after the County program ceased operations. This allowed for an additional 60 spaces, for a total capacity of 135 spaces. The City Overlook shelter operated continuously at this capacity from 2022-2023.

On February 23, 2024, the City issued a Request for Proposals (RFP) specifically for the Operation and Management of the City Overlook Emergency Shelter for FY 2025. The scope of services called for prospective vendors to provide 24-hour emergency shelter services, 7 days per week, 365 days a year, with a capacity for up to 135 spaces at the shelter. The onsite services are to include healthy, safe, and secure sleeping quarters, nutritious meals, access to bathroom and shower amenities, and permanent housing exit-focused linkages and referral services. A separate vendor, Community Bridges/Lift Line, provides shuttle services on and off site to program participants daily from 6:00 a.m. to 9:00 p.m.

12.1 The City received responsive proposals from two organizations: The Salvation Army and People First of Santa Cruz County (formerly The Free Guide). Based upon the evaluation criteria provided in the RFP, People First of Santa Cruz County was determined to be the highest scoring proposal and was awarded the contract for FY 2025.

DISCUSSION: People First of Santa Cruz County has been operating and managing the City Overlook emergency shelter since August 1, 2025. In the transition process, People First hired many of the staff members who had been working at the shelter with the previous operator which provided for continuity in operations and familiarity for program participants. One of the notable changes to the staffing plan under People First has been the addition of five full-time case managers that work intensively with program participants to identify needs, set goals, coordinate services, and support them on their pathway to housing. Case management staff have extensive knowledge about county services and receive robust staff training including Housing First, Trauma-Informed Care, and Harm Reduction principles, all of which ensures staff provide quality care to all residents and supports progress towards housing outcomes.

The budget for People First’s proposed contract for FY 2026 is $4,292,879. This includes personnel costs of $3,017,391 for approximately 34 full-time equivalent positions, $885,910 in operating costs, including $542,000 for food service, and $390,000 in indirect costs (10%). The proposed cost for FY 2026 represents a status quo budget compared to the contract for FY 2025.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: The proposed Council action is not a “project” under CEQA because it does not have the potential to cause a physical change in the environment directly or indirectly.

HEALTH IN ALL POLICIES (HiAP): HiAP is a collaborative framework designed to improve population health by integrating health considerations into decision-making processes across sectors and policy areas. HiAP is built on three core pillars: equity, public health, and sustainability. Its primary goal is to ensure that policymakers fully consider the health, equity, and sustainability impacts of various policy options during development. The proposed program aligns with HiAP principles by promoting public health and equity, ensuring that lower-income individuals have access to life-saving shelter. By prioritizing the welfare of vulnerable populations, this initiative reinforces commitment to a healthier, more resilient community.

FISCAL IMPACT:

1. The recommendation in this report impacts the General Fund: Yes

2. This recommendation requires a budget adjustment: No

3. The recommendation creates an on-going expenditure commitment: No FISCAL IMPACT DESCRIPTION: FY 2026 funding to support the operations and management of the City Overlook will come from the General Fund, Safe Sleeping and Shelter – Armory (p102202), in the amount of $4,292,879. The funding request to support this contract was included in the FY 2026 budget for consideration by the City Council.

Prepared By:

Larry Imwalle
Director Homelessness
Response and Community
Programs
Submitted By:

Michelle Templeton
Assistant City Manager
Approved By:

Matt Huffaker
Matt Huffaker

12.2 ATTACHMENTS:

1. DRAFT FY26 PEOPLE FIRST CONTRACT FOR CITY OVERLOOK EMERGENCY SHELTER OPERATIONS AND MANAGEMENT.DOCX

12.3 DRAFT City of Santa Cruz Professional Services Agreement for Operations and Management of the City Overlook Emergency Shelter
July 2025 (Form Rev.01/24 ) Page 1
Professional Services Agreement With

PEOPLE FIRST OF SANTA CRUZ COUNTY
For OPERATIONS AND MANAGEMENT OF THE CITY OVERLOOK EMERGENCY SHELTER (JULY 1, 2025 – JUNE 30, 2026)
DRAFT
THIS AGREEMENT for professional services is made by and between the City of Santa Cruz (“City”) and People First of Santa Cruz County, a nonprofit corporation (“Consultant”) (each is referred to individually as a “Party” and collectively, as the “Parties”) as of July 1, 2025 (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 Larry Imwalle, Homelessness Response Manager, 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

12.4 DRAFT City of Santa Cruz Professional Services Agreement for Operations and Management of the City Overlook Emergency Shelter
July 2025 (Form Rev.01/24 ) Page 2
acceptable work, provided that such approval will not be unreasonably withheld or delayed. If the work is not acceptable, City will inform Consultant of the changes or revisions necessary to secure approval.

SECTION 4: FEES AND PAYMENT
For services actually performed, the City will compensate Consultant at the rates set forth in the Fee Schedule detailed in Exhibit 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 $4,292,879.54 (“the Maximum Fee Amount”) without advance written City authorization in the form of an amendment or change order. This Maximum Fee Amount will be reduced by $11,761.31 per day for each day, from July 1, 2024, onward, that, in the City’s sole discretion, the Consultant is not running the shelter as specified in the Scope of Work at the outset of Agreement. The period between July 1, 2024, and the day that the Consultant begins running the shelter as specified in the Scope of Work is called the Startup Period. The Startup Period cannot end, and running of the shelter by Consultant cannot begin, until the Consultant obtains the general lability insurance required in Exhibit D. All other insurance must be maintained from the outset of this Agreement. The Maximum Fee Amount will be increased by the actual Startup Costs, as defined below, incurred during the Startup Period, so long as the Startup Costs do not exceed $26,000.00. “Startup Costs” are those costs actually incurred during the Startup Period for hiring of employees, training, and development of the policies and procedures required in Section 3 of the Scope of Work.

Upon execution of this Agreement, Consultant shall invoice City for and City shall pay up to Consultant $26,000.00 as a deposit for Startup Costs. If, anytime on or after September 1, 2024, in the City’s sole determination, no insurer has agreed to provide the Insurance required in Exhibit D, the City may terminate this Agreement effective immediately. At the end of the Startup Period, Consultant must provide a “true-up,” as specified below, of the Startup Costs and within 15 days return any of the unused portion of the deposit for the Startup Costs. If City terminates this Agreement due to Consultant’s failure to obtain the Insurance required in Exhibit D, then Consultant shall, within 30 days of the City’s Notice of Termination, return any Startup Costs received by Consultant to the City.

After the Startup Period, City shall make a onetime payment of $11,761.31 per day for each day left in the month that the Consultant begins running the shelter as specified in the Scope of Work. Thereafter, Consultant shall invoice the City on the 1st and 15th of every month ending June 15, 2025. The City shall pay Consultant equal payments of $178,869.95 bi-monthly against each invoice. Consultant shall provide quarterly “true-up” of costs to the City for each three-months services that are provided, by October 15, 2024, January 15, 2025, April 15, 2025, and July 15, 2025, for expenses incurred by Consultant for the prior quarter. The “true-up” must include labor costs (by category and employee) detailing the time worked by each class of employee with separate totals for overtime and benefit costs, food total costs, miscellaneous total supply costs, other permitted costs (per Exhibit B) and the percentage of the agency fee. In City’s sole discretion, if City is not satisfied with the form of the “true-up” City shall direct the Consultant who will resubmitted in the format required by the City with the information City requests.

All “true-ups” shall contain the following affidavit signed by Consultant (if individual) or by an authorized representative of Consultant (if Consultant is an entity):

12.5 DRAFT City of Santa Cruz Professional Services Agreement for Operations and Management of the City Overlook Emergency Shelter
July 2025 (Form Rev.01/24 ) Page 3
"I hereby certify [or as an authorized representative of Consultant] that the total expenses of (insert expenses amount) as summarized above and shown in detail on the attachments is in accordance with the terms of Agreement dated (Insert Agreement Date)." If this contract is terminated the Consultant shall provide, within 15 days of termination, a “true-up” covering any portion of this Agreement for which a “true-up” had not previously been provided.

If the “true-up” shows that the City has overpaid for the period covered by the “true-up”, then the City shall deduct the amount of overpayment from the next monthly payment. If the City has overpaid for the final quarter of this Agreement, or for the last “true-up” after termination, then the Consultant will return the overpayment within one-month of receiving notice of the overpayment. The requirement to give a “true-up” and to repay overpayments survives the termination of this Agreement.

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.

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 effective July 1, 2024, and terminating on June 30, 2025. At the option of the City, this Agreement may be renewed annually under the same contractual terms and conditions by letter agreement.

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.

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.

SECTION 8: TERMINATION

12.6 DRAFT City of Santa Cruz Professional Services Agreement for Operations and Management of the City Overlook Emergency Shelter
July 2025 (Form Rev.01/24 ) Page 4
The City may terminate the Agreement for any reason by providing written notice to Consultant not less than 30 calendar days prior to an effective termination date.

The City may, at its option, allow Consultant to cure its failure to perform within 10 business days (or longer period authorized in writing by the City) from the date of the City’s termination notice. The termination shall 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 termination, Consultant will have no further claims against the City under the Agreement. No other compensation will be payable for anticipated profit on unperformed services.

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

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

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

SECTION 11: EQUAL EMPLOYMENT OPPORTUNITY/NON-DISCRIMINATION POLICIES

12.7 DRAFT City of Santa Cruz Professional Services Agreement for Operations and Management of the City Overlook Emergency Shelter
July 2025 (Form Rev.01/24 ) Page 5
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.

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

12.8 DRAFT City of Santa Cruz Professional Services Agreement for Operations and Management of the City Overlook Emergency Shelter
July 2025 (Form Rev.01/24 ) Page 6
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, or acting on Consultant’s behalf pursuant to this Agreement, 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 laws in performing the work and services under this Agreement. Consultant covenants (on behalf of Consultant and Consultant’s employees, agents, representatives, and subcontractors) that there is no direct or indirect interest, financial or otherwise, which would conflict in any manner or degree with the performance of services required under this Agreement. Consultant acknowledges and agrees to comply with applicable provisions of conflict of interest law and regulations, including the CA Political Reform Act, Sections 1090 and 87100 of the Government Code, and the City’s conflict of interest code. Consultant will immediately advise City if Consultant learns of a conflicting financial interest of Consultant during the term of this Agreement.

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

Consultant acknowledges and agrees that the work product shall be considered a work made for hire within the meaning of the patent and copyright laws of the United States; and Consultant agrees that all copyrights which arise from creation of 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

12.9 DRAFT City of Santa Cruz Professional Services Agreement for Operations and Management of the City Overlook Emergency Shelter
July 2025 (Form Rev.01/24 ) Page 7
disclosed to any third party, except by agreement in writing by the City, or except as otherwise provided herein.

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

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

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

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

10. Confidentiality.
a. Consultant shall not acquire any ownership interest in data and information (“City Data”) received by Consultant from City, which shall remain the property of the City. Certain information may be considered confidential (“Confidential Information”). Confidential Information shall mean all information or proprietary materials (in every form and media) not generally known to the public and which has been or is hereafter disclosed or made available directly or indirectly to Consultant through any means of communication, either verbally or in writing even if it has not been designated in writing as “Confidential” to Consultant in connection with this Agreement. Unless otherwise required by law, Consultant shall not, without City’s written permission, use or disclose City Data and/or Confidential Information other than in the performance of the obligations under this Agreement. As between Consultant and City, all City Confidential Information shall remain the property of the City. Consultant shall not acquire ownership interest in the City’s Confidential Information.
b. Consultant shall be responsible for ensuring and maintaining the security and confidentiality of City Data and Confidential Information, protect against any anticipated threats or hazards to the security or integrity of City Data and Confidential Information, protect against unauthorized access to or use of City Data and Confidential Information that could result in substantial harm or inconvenience to City or any end users; and ensure the proper return and/or disposal of City Data and Confidential Information upon termination of this Agreement with notice to the City.

12.10 DRAFT City of Santa Cruz Professional Services Agreement for Operations and Management of the City Overlook Emergency Shelter
July 2025 (Form Rev.01/24 ) Page 8
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 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 (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.

12.11 DRAFT City of Santa Cruz Professional Services Agreement for Operations and Management of the City Overlook Emergency Shelter
July 2025 (Form Rev.01/24 ) Page 9

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;
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

12.12 DRAFT City of Santa Cruz Professional Services Agreement for Operations and Management of the City Overlook Emergency Shelter
July 2025 (Form Rev.01/24 ) Page 10
kind or nature, arising from or relating to any failure (or alleged failure) of the Consultant and any subconsultant to pay prevailing wages or to otherwise comply with the requirements of prevailing wage law relating to a public work.
g. Consultant acknowledges that it and/or any subconsultant may not engage in the performance of any contract for public work unless currently registered with the DIR and qualified to perform public work pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

17. Storm Water Requirements. To the extent applicable to the Scope of Work under this Agreement, Consultant, Consultant’s employees, subcontractors, and agents are required to abide by the applicable City of Santa Cruz Storm Water Best Management Practices (BMPs) for the duration of the work. The City’s mandatory Storm Water BMPs, which are listed according to the type of work, operations, or business, are located on the City website at: https://www.cityofsantacruz.com/government/city-departments/public-works/stormwater/bestmanagement-practices

18. Dispute Resolution. The Parties agree to attempt in good faith to resolve through negotiation any dispute, claim or controversy arising out of or relating to this Agreement. Either party may initiate negotiations by providing written notice in letter form to the other party, setting forth the subject of the dispute and the relief requested.

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

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

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

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

12.13 DRAFT City of Santa Cruz Professional Services Agreement for Operations and Management of the City Overlook Emergency Shelter
July 2025 (Form Rev.01/24 ) Page 11

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

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

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

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

26. Notices. If either party shall desire or is required to give notice to the other such notice shall be given in writing, via email, and concurrently delivered by: (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:

City Manager’s Office
Larry Imwalle
809 Center St. Rm 10
Santa Cruz, Ca 95060
[email protected]
831 420-5405
To CONSULTANT:

People First of Santa Cruz County
Evan Morrison
P.O. Box 7120
Santa Cruz, Ca 95061
831 325-2699
Changes to the above information shall be given to the other party in writing ten (10) business days before the change is effective.

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

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

12.14 DRAFT City of Santa Cruz Professional Services Agreement for Operations and Management of the City Overlook Emergency Shelter
July 2025 (Form Rev.01/24 ) Page 12
Approved As To Form:

By: ______________________________ Date: __________________ Office of the City Attorney

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

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

12.15 DRAFT City of Santa Cruz Professional Services Agreement for Operations and Management of the City Overlook Emergency Shelter
July 2025 (Form Rev.01/24 ) Page 13
EXHIBIT A: SCOPE OF WORK
The Consultant will provide 24-hour emergency shelter services, 7 days per week. The shelter site is located at 301 Armory Road in Santa Cruz and has the capacity for up to 135 shelter spaces. (Double occupancy is permitted with consent of participants.) Shelter services will include healthy, safe, and secure sleeping quarters; three daily nutritious meals; access to bathroom and shower amenities; and permanent housing exit-focused linkages and referral services.

Consultant’s approach to delivering quality and impactful shelter and case management services at the City Overlook Shelter is to focus on creating a comprehensive system that allows staff to meet people where they are, cultivate trust, and connect them with the resources and services that will help them to thrive and end their homelessness and secure stable housing.

1. Shelter Oversight:
a. Ensure the shelter site operates on a 24 hours/day, 7 days/week basis; b. Hire and oversee appropriate levels of staffing to ensure safe and effective 24/7 shelter operations, per Exhibit B;
c. HMIS will be used systems for data collection and reporting, as well as participant and program assessment and evaluation;
d. Provide all shelter participants with at least three meals per day, showers and charging stations.
e. Procure all camping supplies for participants;
f. Ensure participants adhere to program policies; and
g. Provide each shelter participant a space of at least 6 feet between guests and to minimize personal belongings to allow for ingress and egress of guests and staff.

2. Services for Shelter Participant:
a. Coordinating with service providers from the County, non-profits, and other organizations to facilitate connections to services provided by those entities; b. Ensure that all participants with physical limitations receive the personal assistance needed to support accessibility to services;
c. Ensure that all shelter participants are able to safely access and use all amenities at or brought to the site, such as portable toilets, hand washing stations and showers; d. Ensure secure storage is available to all participants so that they may store valuables or specific items that are not allowed in community spaces within shelter sites; and e. Ensure that each participant is provided the following amenities:
i.Tent;
ii.Cot or mattress;
iii.Personal storage tote; and
iv.Sanitary blankets and/or sleeping bags free of infestations

3. Maintain and update Policies and Procedures:
a. Shelter layout that meets all applicable government zoning and building requirements; b. Participant behavioral expectations policy;
c. Safety procedures;
d. Parking policies;
e. Pet policy;
f. Public visitation policy;
g. Neighborhood interface procedures;

12.16 DRAFT City of Santa Cruz Professional Services Agreement for Operations and Management of the City Overlook Emergency Shelter
July 2025 (Form Rev.01/24 ) Page 14
h. Shower policies;
i. Written plan for responding to first aid and health emergencies including basic first aid supplies accessible on site;
j. Written evacuation plan for emergencies, i.e. Fire, Earthquake and evacuation plan; k. Shelter staff position descriptions, responsibilities and expectations; and l. Information on connections to mainstream services, referral and priority eligibility

4. Staff Training:
a. Ensure staff is trained on Housing First, Trauma Informed Care, and Harm Reduction principles: and
b. Ensure staff can readily access Shelter Program Policies and Procedures for consistency and clarity in conducting contracted services.

5. Maintain Facilities and ensure a healthy environment for staff and participants:
a. Refer any participant with a suspected or known infectious disease to the Homeless Persons Health Project (866-731-HPHP);
b. Immediately notify City of any incidents that resulted in a call to 911, including the nature of the call and the outcome of the incident;
c. Communicate with City staff if facility maintenance issues arise; and d. Ensure staff and participants adhere to policies and procedures and respect the facilities and neighboring areas.

Consultant’s Work Plan
Objective: To provide safe shelter services for 135 participants at the City Overlook Shelter. To provide participants with support and access to basic needs, as well as referrals to other needed community services.

People First of Santa Cruz County also provides case management and housing navigation services to all shelter participants.

1. Continue existing services- Continue operating the shelter with 4 staff onsite (including a caregiver) during every shift. Two of the staff stations will be combined to require only 4 staff at any given time.

Case management will also be provided to all participants at the shelter. The current meal plan will be continued, and the team will be comprised of experienced shelter staff and case workers.

2. Finalize staff selection- Reach out to all prospective staff and finalize staff selections. There is currently a pool of about 50 staff to pull from who were all involved in the Extreme Weather Shelters.

People First of Santa Cruz County will also notify staff in their other programs of these opportunities and will post the jobs publicly so other service providers in the community can apply as well.

3. Staff training- Staff will undergo a training program that includes Housing First, Trauma-Informed Care, Harm Reduction, Ethical Decision-Making, Motivational Interviewing, and De-escalation.

4. Scheduling- The team has established scheduling software and will create schedules based on the needs of the shelter.

5. Outreach plan- Work in conjunction with other City staff to create an outreach plan.

6. Develop a housing-needs assessment- Create a housing-needs assessment for case managers to utilize when creating housing plans for participants.

12.17 DRAFT City of Santa Cruz Professional Services Agreement for Operations and Management of the City Overlook Emergency Shelter
July 2025 (Form Rev.01/24 ) Page 15

7. Communication protocols- Create communication protocols for policies and procedures regarding communication needs between staff and participants.

8. Develop policies and procedures- People First of Santa Cruz County has developed policies and procedures for other similar programs and will modify them to fit the needs of this shelter.

9. Monitor service- Develop overall metrics for gauging the effectiveness of the program and for getting feedback from staff and participants to improve quality.

10. Evaluate effectiveness- Evaluate whether the program meets the basic requirements of the scope of services. Furthermore, evaluate whether participants are finding stable housing and are reducing their barriers to permanent housing.

11. Maintenance- Staff will regularly assess the state items are in. A janitor will assess and maintain the facility. Create a system for tracking and responding to maintenance requests.

12. Sustainability- Develop and implement strategies for long-term sustainability, develop and implement policies for quality assurance.

Consultant’s Employee Conduct
Consultant 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 Consultant will remove any employee from working in, or delivering to, City facilities who is convicted of a felony during their employment.

12.18 DRAFT City of Santa Cruz Professional Services Agreement for Operations and Management of the City Overlook Emergency Shelter
July 2025 (Form Rev.01/24 ) Page 16
EXHIBIT B: FEE SCHEDULE
Armory FTE $/Hr Monthly Medical (All Retirement FICA Work Comp Worker's CoGeneral LiabSexual MiscGeneral LiabMonthly CosYearly Cost Accountant 1.00 30 5,200.00 1,185.40 520.00 397.80 0.07 364.00 115.23 19.24 15.00 7,816.74 93,800.90 HR Coordinator 1.00 30 5,200.00 1,185.40 520.00 397.80 0.07 364.00 115.23 19.24 15.00 7,816.74 93,800.90 Progam Manager 1.00 36 6,240.00 1,185.40 624.00 477.36 0.07 436.80 138.28 23.09 15.00 9,140.00 109,679.96 Director role 1.00 36 6,240.00 1,185.40 624.00 477.36 0.07 436.80 138.28 23.09 15.00 9,140.00 109,679.96 Scheduler 1.00 28 4,853.33 1,185.40 485.33 371.28 0.07 339.73 107.55 17.96 15.00 7,375.66 88,507.89 Housing Navigator 0.40 28 1,941.33 592.70 97.07 74.26 0.07 67.95 21.51 3.59 7.50 2,805.97 33,671.69 Case Manager 1.00 30 5,200.00 1,185.40 520.00 397.80 0.07 364.00 115.23 19.24 15.00 7,816.74 93,800.90 Case Manager 1.00 30 5,200.00 1,185.40 520.00 397.80 0.07 364.00 115.23 19.24 15.00 7,816.74 93,800.90 Case Manager 1.00 30 5,200.00 1,185.40 520.00 397.80 0.07 364.00 115.23 19.24 15.00 7,816.74 93,800.90 Case Manager 1.00 30 5,200.00 1,185.40 520.00 397.80 0.07 364.00 115.23 19.24 15.00 7,816.74 93,800.90 Case Manager 1.00 30 5,200.00 1,185.40 520.00 397.80 0.07 364.00 115.23 19.24 15.00 7,816.74 93,800.90 Weekday Eve Lead (4pm-mid) 1.00 28 4,853.33 1,185.40 485.33 371.28 0.07 339.73 107.55 17.96 15.00 7,375.66 88,507.89 Weekday Eve (3:30-11:30) 1.00 25 4,333.33 1,185.40 433.33 331.50 0.07 303.33 96.03 16.03 15.00 6,714.03 80,568.36 Weekday Eve/Caregiver 1.00 26.5 4,593.33 1,185.40 459.33 351.39 0.07 321.53 101.79 17.00 15.00 7,044.84 84,538.12 Weekday Eve 1.00 25 4,333.33 1,185.40 433.33 331.50 0.07 303.33 96.03 16.03 15.00 6,714.03 80,568.36 Weekday Morn Lead (mid-8am) 1.00 28 4,853.33 1,185.40 485.33 371.28 0.07 339.73 107.55 17.96 15.00 7,375.66 88,507.89 Weekday Morn (11:30p-7:30a) 1.00 25 4,333.33 1,185.40 433.33 331.50 0.07 303.33 96.03 16.03 15.00 6,714.03 80,568.36 Weekday Morn/Caregiver 1.00 26.5 4,593.33 1,185.40 459.33 351.39 0.07 321.53 101.79 17.00 15.00 7,044.84 84,538.12 Weekday Morn 1.00 25 4,333.33 1,185.40 433.33 331.50 0.07 303.33 96.03 16.03 15.00 6,714.03 80,568.36 Weekday Day Lead (8a m-4pm) 1.00 28 4,853.33 1,185.40 485.33 371.28 0.07 339.73 107.55 17.96 15.00 7,375.66 88,507.89 Weekday Day (7:30-3:30) 1.00 25 4,333.33 1,185.40 433.33 331.50 0.07 303.33 96.03 16.03 15.00 6,714.03 80,568.36 Weekday Day Caregiver 1.00 26.5 4,593.33 1,185.40 459.33 351.39 0.07 321.53 101.79 17.00 15.00 7,044.84 84,538.12 Weekday Day 1.00 25 4,333.33 1,185.40 433.33 331.50 0.07 303.33 96.03 16.03 15.00 6,714.03 80,568.36 PT Misc 1.00 25 4,333.33 1,185.40 433.33 331.50 0.07 303.33 96.03 16.03 15.00 6,714.03 80,568.36 PT Misc 1.00 25 4,333.33 1,185.40 433.33 331.50 0.07 303.33 96.03 16.03 15.00 6,714.03 80,568.36 PT Misc 0.450 25 1,950.00 - 195.00 149.18 0.07 136.50 43.21 7.22 15.00 2,496.17 29,954.06 Weekend Eve Lead (4pm-mid) 0.450 28 2,184.00 218.40 167.08 0.07 152.88 48.40 8.08 15.00 2,793.90 33,526.85 Weekend Eve (3:30-11:30) 0.450 25 1,950.00 195.00 149.18 0.07 136.50 43.21 7.22 15.00 2,496.17 29,954.06 Weekend Eve Caregiver 0.450 26.5 2,067.00 206.70 158.13 0.07 144.69 45.80 7.65 15.00 2,645.04 31,740.46 Weekend Eve 0.450 25 1,950.00 195.00 149.18 0.07 136.50 43.21 7.22 15.00 2,496.17 29,954.06 Weekend Morn Lead (mid-8am) 0.450 28 2,184.00 218.40 167.08 0.07 152.88 48.40 8.08 15.00 2,793.90 33,526.85 Weekend Morn (11:30-7:30) 0.450 25 1,950.00 195.00 149.18 0.07 136.50 43.21 7.22 15.00 2,496.17 29,954.06 Weekend Morn Caregiver 0.450 26.5 2,067.00 206.70 158.13 0.07 144.69 45.80 7.65 15.00 2,645.04 31,740.46 Weekend Morn 0.450 25 1,950.00 195.00 149.18 0.07 136.50 43.21 7.22 15.00 2,496.17 29,954.06 Weekend Day Lead(8a m-4pm) 0.450 28 2,184.00 218.40 167.08 0.07 152.88 48.40 8.08 15.00 2,793.90 33,526.85 Weekend Day (7:30-3:30) 0.450 25 1,950.00 195.00 149.18 0.07 136.50 43.21 7.22 15.00 2,496.17 29,954.06 Weekend Day Caregiver 0.450 26.5 2,067.00 206.70 158.13 0.07 144.69 45.80 7.65 15.00 2,645.04 31,740.46 Weekend Day 0.450 25 1,950.00 195.00 149.18 0.07 136.50 43.21 7.22 15.00 2,496.17 29,954.06 Cook/Server (noon-9pm) 1.000 23 3,986.67 1,185.40 398.67 304.98 0.07 279.07 88.34 14.75 15.00 6,272.95 75,275.34 Cook/Server (noon-9pm) 1.000 23 3,986.67 1,185.40 398.67 304.98 0.07 279.07 88.34 14.75 15.00 6,272.95 75,275.34 Cook/Server (noon-9pm) 1.000 23 3,986.67 1,185.40 398.67 304.98 0.07 279.07 88.34 14.75 15.00 6,272.95 75,275.34 Janitor 1.000 25 4,333.33 1,185.40 433.33 331.50 0.07 303.33 96.03 16.03 15.00 6,714.03 80,568.36 Salaries & Benefits 34.25 161,377.67 33,783.90 16,040.70 12,271.14 11,228.49 3,554.62 593.51 622.50 239,475.46 2,873,705.49 OvertimeContingency 5% 143,685.27
Total 3,017,390.76

12.19 DRAFT City of Santa Cruz Professional Services Agreement for Operations and Management of the City Overlook Emergency Shelter
July 2025 (Form Rev.01/24 ) Page 17
Quantity Price/Unit Total
Blankets 155 20.00 3,100.00
Hygiene 49275 1.00 49,275.00
Food ($11 person/day) 49275 11.00 542,025.00
Emergency Taxi Transport 8,000.00
Cleaning/Disinfecting/PPE 1,500.00
Kitchen Fee 365 50.00 18,250.00
Office Supplies 12 150.00 1,800.00
Emergency Clothing 150 25.00 3,750.00
Staff Training 12,000.00
Staff Shirts 120 25.00 3,000.00
Staff Hats 60 20.00 1,200.00
Laundry per month 12 10,000.00 120,000.00
Technology for intakes 2,000.00
Security Cameras 5,000.00
Supplies (Tents, cots, bins) 40,000.00
Facilities Subtotal 810,900.00
Misc. Supplies Contingency 24,327.00
Facilities Total 835,227.00
Discretionary Fund 50,000.00
Subtotal 3,902,617.76
Agency Fee (10%) 390,261.78
Grand Total 4,292,879.54
Per active household 31,799.11
Per active household per day 87.12
Active Households at one time 135

12.20 DRAFT City of Santa Cruz Professional Services Agreement for Operations and Management of the City Overlook Emergency Shelter
July 2025 (Form Rev.01/24 ) Page 18
EXHIBIT C: WORK SCHEDULE
Consultant shall run the Overlook Shelter from July 1, 2024 through June 30, 2025.

12.21 DRAFT City of Santa Cruz Professional Services Agreement for Operations and Management of the City Overlook Emergency Shelter
July 2025 (Form Rev.01/24 ) Page 19
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): $5,000,000 PER OCCURRENCE; $5,000,000 AGGREGATE Proof of coverage for $5 Million per occurrence and $5 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.  SEXUAL ABUSE OR MOLESTATION (SAM) LIABILITY: If the work will include contact with minors, and the CGL policy referenced above is not endorsed to include affirmative coverage for sexual abuse or molestation, Contractor shall obtain and maintain a policy covering Sexual Abuse and Molestation with a limit no less than $1,000,000 per occurrence or claim.  PROFESSIONAL LIABILITY (ERRORS AND OMISSIONS): $1,000,000 PER OCCURRENCE OR CLAIM, $2,000,000 AGGREGATE.

Consultant will maintain insurance appropriate to Consultant’s profession; with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after date of completion of the services under this Agreement. If coverage is canceled or non-renewed and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date or start of work date, Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the contract of work.

12.22 DRAFT City of Santa Cruz Professional Services Agreement for Operations and Management of the City Overlook Emergency Shelter
July 2025 (Form Rev.01/24 ) Page 20
 AUTOMOBILE LIABILITY:

Proof of coverage for $1,000,000 provided on ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, hired, (Code 8) and non-owned autos (Code 9), per accident for bodily injury and property damage.
 WORKERS’ COMPENSATION AS REQUIRED BY THE STATE OF CALIFORNIA, WITH STATUTORY LIMITS, AND EMPLOYER’S LIABILITY INSURANCE: $1,000,000 per accident for bodily injury or disease.

The Worker’s Compensation policy must be endorsed with a waiver of subrogation in favor of the City for all work performed by the Consultant and its employees. (Not required if Consultant provides written verification it has no employees) - If Consultant has no employees, Consultant shall complete and sign a Workers’ Compensation Exemption Declaration and Release of Liability.

C. OTHER INSURANCE PROVISIONS
The insurance policies are to comply with the following provisions:
 ADDITIONAL INSURED STATUS
The City, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of Consultant including materials, parts, or equipment furnished in connection with such work or operations, 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

12.23 DRAFT City of Santa Cruz Professional Services Agreement for Operations and Management of the City Overlook Emergency Shelter
July 2025 (Form Rev.01/24 ) Page 21
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.  SELF-INSURED RETENTIONS (SIR)
Self-insured retentions must be declared to and approved by the City. City may require Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
 ACCEPTABILITY OF INSURERS
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII, unless otherwise acceptable to the City.
 CLAIMS MADE POLICIES
If any of the required policies provide coverage on a claims-made basis:

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

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

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

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

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

12.24 City Council

AGENDA REPORT
DATE: 05/22/2025
AGENDA OF: 06/10/2025
DEPARTMENT: City Manager
SUBJECT: Long-Term Safe Parking Operations and Management Award Contract (CM)
LOCATION: District 1
RECOMMENDATION: Motion 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 pending adoption of the FY 2026 approved budget. The Director of Homelessness Response and Community Programs is authorized to execute change orders within the approved budget.

BACKGROUND: With the adoption of the Oversized Vehicle Ordinance (OVO) in October 2021, the City Council directed staff to open a three-tiered safe parking program. In August of 2022, the City opened the Long-Term (Tier 3) Safe Parking Program in the front parking lot of the National Guard Armory building. A contract was awarded to the Association of Faith Communities (AFC), the fiscal sponsor of The Free Guide, to operate this program based upon proposals received for safe-parking programs in response to the City’s Request for Qualifications for an array of homelessness services. This 24/7 Safe Parking Program for oversized vehicles provides free parking and wraparound supportive services including case management and housing navigation for participants with a capacity of up to 20 oversized vehicles. This program has continued to operate at capacity since it opened in August 2022. This program was the first and remains the only 24/7 safe parking program for oversized vehicles in Santa Cruz County.

On May 11, 2023, the Coastal Commission approved the City’s Coastal Development Permit related to the OVO for a one-year period. The conditions of the approved permit required the continuation of the safe parking program, including the Long-Term (Tier 3) 24/7 program. On May 9, 2024, a new longer term Coastal Development Permit related to the OVO was approved by the Coastal Commission. This permit also includes the provision of a long-term 24/7 safe parking program as a condition of approval.

DISCUSSION: In early 2024, AFC and The Free Guide communicated to the City a mutual desire to shift contractual responsibility for operation of the Long-Term Safe Parking Program to The Free Guide as an independent entity, rather than under the fiscal sponsorship of AFC. Given timing of the contract term, the City determined that the appropriate approach was to issue a

13.1 Request for Proposals (RFP), to ensure a competitive bid process consistent with procurement policies.

On March 8, 2024, the City issued an RFP for the Operation and Management of the Long-Term Safe Parking for FY 2025. The scope of services called for prospective vendors to provide safe parking services utilizing Housing First, Trauma Informed Care principles. Services are to include healthy, safe, and secure safe parking spaces for oversized vehicles, access to bathroom and shower amenities, wraparound supportive services, Homeless Management Information System (HMIS) and other data entry, and permanent housing exit-focused case management and referral services.

The City received a proposal from one organization, People First of Santa Cruz County (formerly The Free Guide), which has been operating the Long-Term Safe Parking Program under the fiscal sponsorship of AFC since the inception of this program August 2022. Based upon the evaluation criteria provided in the RFP, People First of Santa Cruz County provided a highly qualified proposal, and a program design that demonstrated significant results in exits from programs to housing and was awarded the contract for FY 2025.

The budget for People First’s proposed contract for FY 2026 is $489,732. This includes personnel costs of $397,028 for approximately 5 full-time equivalent positions, $48,982 in operating costs and $44,521 in indirect costs (10%). The contract with People First for operating the Long-Term Safe Parking presented to Council for approval is $489,732 for a term of 12 months. This represents a status quo budget compared to the contract for FY 2025.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: The proposed Council action is not a “project” under CEQA because it does not have the potential to cause a physical change in the environment directly or indirectly.

HEALTH IN ALL POLICIES (HiAP): HiAP is a collaborative framework designed to improve population health by integrating health considerations into decision-making processes across sectors and policy areas. HiAP is built on three core pillars: equity, public health, and sustainability. Its primary goal is to ensure that policymakers fully consider the health, equity, and sustainability impacts of various policy options during development. The proposed program aligns HiAP principles by promoting public health and equity, ensuring that lower-income individuals have access to life-saving shelter. By prioritizing the welfare of vulnerable populations, this initiative reinforces commitment to a healthier, more resilient community.

FISCAL IMPACT:

1. The recommendation in this report impacts the General Fund: Yes

2. This recommendation requires a budget adjustment: No

3. The recommendation creates an on-going expenditure commitment: No FISCAL IMPACT DESCRIPTION: FY 2026 funding to support the operations and management of the Long- Term Safe Parking program will come from the General Fund, Safe Parking Program – Tier 3 (p102211) in the amount of $489,732. The funding request to support this contract was included in the FY 2026 budget for consideration by the City Council.

13.2 Prepared By:

Larry Imwalle Director
Director Homelessness
Response and Community
Programs
Submitted By:

Michelle Templeton
Assistant City Manager
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. DRAFT FY26 PEOPLE FIRST CONTRACT FOR LONG TERM SAFE PARKING.DOCX

13.3 City of Santa Cruz Professional Services Agreement for Operation and Management of the Tier 3 Safe Parking Program June 2025 (Form Rev.01/24) Page 1
DRAFT
Professional Services Agreement With

PEOPLE FIRST OF SANTA CRUZ COUNTY (PEOPLE FIRST)
For OPERATION AND MANAGEMENT OF THE TIER 3 SAFE PARKING PROGARM THIS AGREEMENT for professional services is made by and between the City of Santa Cruz (“City”) and People First of Santa Cruz County (“People First” or “Consultant”), a not for profit corporation, (each is referred to individually as a “Party” and collectively, as the “Parties”) as of July 1, 2025 (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 Larry Imwalle, Homelessness Response Manager, 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 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.

13.4 City of Santa Cruz Professional Services Agreement for Operation and Management of the Tier 3 Safe Parking Program June 2025 (Form Rev.01/24) Page 2
SECTION 4: FEES AND PAYMENT
For services actually performed, the City will compensate Consultant at the rates set forth in the Fee Schedule detailed in Exhibit B and in accordance with the terms set forth therein. Payment for Consultant's services in carrying out the entire Scope of Work shall be made within the budget limit, or limits shown, upon Exhibit B. Such payment shall be considered the full compensation for all personnel, materials, supplies, and equipment used by Consultant in the Scope of Work.

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

Variations from the budget for each task which are justified by statements indicating personnel time expended and submittal of a revised budget are only allowed with prior City approval; however, in no event shall the total fee charged for the Scope of Work set forth in Exhibit A exceed the budget of $489,732.00. without advance written City authorization in the form of an amendment or change order.

Invoices shall detail the time worked by each class of employee on each task and the expenses incurred for which billing is made. 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’s firm (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.

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 terminating on June 30, 2024.

13.5 City of Santa Cruz Professional Services Agreement for Operation and Management of the Tier 3 Safe Parking Program June 2025 (Form Rev.01/24) Page 3
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.

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.

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 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 C. Consultant will insure the City against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder. The insurance coverages required shall not in any way limit the liability of the Consultant.

SECTION 10: INDEMNIFICATION

13.6 City of Santa Cruz Professional Services Agreement for Operation and Management of the Tier 3 Safe Parking Program June 2025 (Form Rev.01/24) Page 4
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.

SECTION 14: MISCELLANEOUS PROVISIONS

13.7 City of Santa Cruz Professional Services Agreement for Operation and Management of the Tier 3 Safe Parking Program June 2025 (Form Rev.01/24) Page 5

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 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 laws in performing the work and services under this Agreement. Consultant covenants (on behalf of Consultant and Consultant’s employees, agents, representatives, and subcontractors) that there is no direct or indirect interest, financial or otherwise, which would conflict in any manner or degree with the performance of services required under this Agreement. Consultant acknowledges and agrees to comply with applicable provisions of conflict of interest law and regulations, including the CA Political Reform Act, Sections 1090 and 87100 of the Government Code, and the City’s conflict of interest

13.8 City of Santa Cruz Professional Services Agreement for Operation and Management of the Tier 3 Safe Parking Program June 2025 (Form Rev.01/24) Page 6
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, computer software programs or applications, tangible or intangible proprietary information, or any other intellectual property right) in connection with any services and/or products related to this Agreement does not violate or infringe upon any Intellectual Property rights of any other person or entity.

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

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

10. Confidentiality.
a. Consultant shall not acquire any ownership interest in data and information (“City Data”) received by Consultant from City, which shall remain the property of the City. Certain information may be considered confidential (“Confidential Information”). Confidential Information shall mean all information or proprietary materials (in every form and media) not generally known to the public and which has been or is hereafter disclosed or made available directly or indirectly 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

13.9 City of Santa Cruz Professional Services Agreement for Operation and Management of the Tier 3 Safe Parking Program June 2025 (Form Rev.01/24) Page 7
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

13.10 City of Santa Cruz Professional Services Agreement for Operation and Management of the Tier 3 Safe Parking Program June 2025 (Form Rev.01/24) Page 8
further agrees that it shall defend, indemnify, and hold City harmless against any claim, action, or litigation (including but not limited to all judgments, costs, and attorney’s fees) that may result from denial by City of a CPRA request for information arising from any representation, or any action (or inaction), by the Consultant.

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

3.09, or otherwise Consultant may be subject to penalties including being declared an irresponsible contractor.

14. Licensure. Consultant agrees that Consultant, its subcontractors and/or agents (if any) has/have complied with all applicable federal, state, and local licensing requirements and agrees to provide proof of a current City of Santa Cruz Business Tax Certificate if:
 Consultant, its subcontractor(s) and agent(s) or its business is/are located in the City of Santa Cruz; or  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;

13.11 City of Santa Cruz Professional Services Agreement for Operation and Management of the Tier 3 Safe Parking Program June 2025 (Form Rev.01/24) Page 9
e. Consultant shall post a copy of the applicable wage rates at each jobsite at a location readily available to its workers.
f. Any failure of Consultant and/or its subconsultant to comply with the above requirements relating to a public work project shall constitute a breach of this Agreement that excuses the City’s performance of this Agreement at the City’s sole and absolute option and shall be at the sole risk of Consultant. Consultant on behalf of itself and any subconsultant, agree to indemnify, defend and hold harmless the City and its officials, officers, employees, and agents from and against any and all claims, liabilities, losses, costs, expenses, attorney’s fees, damages, expenses, fines, financial consequences, interest, and penalties, of any kind or nature, arising from or relating to any failure (or alleged failure) of the Consultant and any subconsultant to pay prevailing wages or to otherwise comply with the requirements of prevailing wage law relating to a public work.
g. Consultant acknowledges that it and/or any subconsultant may not engage in the performance of any contract for public work unless currently registered with the DIR and qualified to perform public work pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

17. Storm Water Requirements. To the extent applicable to the Scope of Work under this Agreement, Consultant, Consultant’s employees, subcontractors, and agents are required to abide by the applicable City of Santa Cruz Storm Water Best Management Practices (BMPs) for the duration of the work. The City’s mandatory Storm Water BMPs, which are listed according to the type of work, operations, or business, are located on the City website at: https://www.cityofsantacruz.com/government/city-departments/public-works/stormwater/bestmanagement-practices

18. Dispute Resolution. The Parties agree to attempt in good faith to resolve through negotiation any dispute, claim or controversy arising out of or relating to this Agreement. Either party may initiate negotiations by providing written notice in letter form to the other party, setting forth the subject of the dispute and the relief requested.

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

19. Force Majeure. Neither party hereto shall be considered in default in the performance of its obligation hereunder to the extent that the performance of any such obligation is prevented or delayed by an act of God, natural disaster, pandemic, acts of terrorism, war, 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.

13.12 City of Santa Cruz Professional Services Agreement for Operation and Management of the Tier 3 Safe Parking Program June 2025 (Form Rev.01/24) Page 10

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

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

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

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

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

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

26. Notices. If either party shall desire or is required to give notice to the other such notice shall be given in writing, via email, and concurrently delivered by: (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:

City Manager’s Office
Larry Imwalle
809 Center St., Rm 10
Santa Cruz, CA 95062
[email protected]
831-420-5405
To CONSULTANT:

People First of Santa Cruz County
Evan Morrison
PO Box 7120
Santa Cruz, CA 95061
[email protected]
831-761-9930
Changes to the above information shall be given to the other party in writing ten (10) business days before the change is effective.

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

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

13.13 City of Santa Cruz Professional Services Agreement for Operation and Management of the Tier 3 Safe Parking Program June 2025 (Form Rev.01/24) Page 11
Signature Requirements for Nonprofit Corporation:
2 officer signatures required (one from each group, unless person signing holds officer positions in both Group 1 and 2):

Group 1: Chief Executive Officer, Chairman of the Board, President, or Vice President Group 2: Secretary, Assistant Secretary, Chief Financial Officer, Treasurer, Assistant Treasurer 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: __________________

13.14 City of Santa Cruz Professional Services Agreement for Operation and Management of the Tier 3 Safe Parking Program June 2025 (Form Rev.01/24) Page 12
EXHIBIT A: SCOPE OF WORK

SCOPE OF WORK OVERVIEW
The City of Santa Cruz (CITY) is entering into a contract with People First of Santa Cruz, a California Non-Profit Corporation (“CONTRACTOR”), to operate a Safe Parking Program for unsheltered individuals living in their vehicles.

CONTRACTOR shall operate a 24-hour emergency safe parking program, 7 days per week, located at 301 Armory Road in Santa Cruz. The safe parking program will be sited at the Armory north parking lot (within the fenced area) for up to 20 oversized vehicles. Services will include safe and secure parking spots; access to bathroom and shower amenities; and case management aimed at permanent housing exit-focused linkages and referral services.

PERFORMANCE MEASUREMENTS
How Many Services
Will Be Provided? How Well Will Services Be Provided? Is Anyone Better Off? A minimum of 17
unduplicated
individuals will
receive program
services per night
during the contract
period.
100% of enrolled participants will have a
completed assessment and entry into HMIS
within 14 days of program enrollment.

Data Collection Tools: Monthly client
reports & Homelessness Management
Information System (HMIS)
20% of program participants will exit
homelessness to a permanent housing
destination within 12 months.
60% of program participants will have
become housing ready within 12 months.
70% of program participants will have a
documented instance of overcoming a
housing barrier within 4 months of
entering the program.

Data Collection Tool: HMIS

SERVICE PRINCIPLES
CONTRACTOR shall ensure the program adheres to Housing First, Trauma Informed Care, and Harm Reduction principles:

HOUSING FIRST
 CONTRACTOR shall conduct all emergency sheltering activities in adherence with the Core Components of Housing First, pursuant to State Welfare and Institution Code Section 8255(b).  There are no requirements for sobriety, income, adherence to substance use treatment, mental health treatment, and/or participation in case management in order to receive shelter services. The focus is on shelter as a step towards permanent housing. CONTRACTOR shall work to ensure addiction and mental health issues do not become barriers to participation in the program, and that referrals are given to recovery providers for those that wish to seek help in confronting their behavioral health challenges.

13.15 City of Santa Cruz Professional Services Agreement for Operation and Management of the Tier 3 Safe Parking Program June 2025 (Form Rev.01/24) Page 13

TRAUMA INFORMED CARE (TIC)
 TIC in a shelter is important because individuals currently experiencing homelessness are more likely to have experienced traumatic incidents in their lifetime than people in the general population.

CONTRACTOR response to behavioral incidents shall be guided by TIC principles and practice.

HARM REDUCTION
 CONTRACTOR shall not mandate abstinence from drugs and alcohol or require treatment for mental health symptoms or substance use as a requirement for program eligibility. Responses to participant situations focus on behaviors related to the health and safety of the individual, other participants and staff in the shelter, and the intent is to keep someone in shelter safely while also ensuring the safety of staff and other shelter participants. Exits due to behavior are reserved for only the most severe incidents or when there are multiple incidents that continue to jeopardize the health and safety of participants and staff.

CITY RESPONSIBILITIES

1. CITY shall be responsible for the requisite infrastructure at the Armory north parking lot site for CONTRACTOR to provide the services described in this scope of work including sanitation and hygiene facilities.

2. CITY will provide maintenance of the site/structures as well as cover utility costs and responsibilities for the site, including refuse service.

CONTRACTOR RESPONSIBILITIES

1. CONTRACTOR shall:
a. Ensure the safe parking program operates on a 24 hours/day, 7 days/week basis. b. Provide all shelter participants with case management services including housing navigation and connection to County services
c. Not allow participants to congregate in a group or be outside between 10:00 pm. and 6:00 am. d. Provide each shelter participant a space of at least 6 feet between guests and minimize personal belongings to allow for ingress and egress of guests and staff.

1. CONTRACTOR shall ensure that all participants with physical limitations receive the personal assistance needed for personal care needs, such as cleaning, bathing, moving into or out of wheelchairs, or changing clothes, as well as getting into/out of transportation vehicles.

2. CONTRACTOR shall ensure that all shelter participants are able to safely access and use all amenities at or brought to the site, such as portable toilets, hand washing stations and showers.

3. CONTRACTOR shall ensure that its safe parking program has Policies and Procedures that at a minimum include:
a. Shelter layout that meets all applicable government zoning and building requirements

13.16 City of Santa Cruz Professional Services Agreement for Operation and Management of the Tier 3 Safe Parking Program June 2025 (Form Rev.01/24) Page 14
b. Shelter requirements
c. Safety procedures
d. Parking policies
e. Pet policy
f. Public visitation policy
g. Neighborhood interface procedures
h. Shower policies
i. Janitorial/storage expectations
j. Written plan for responding to first aid and health emergencies including basic first aid supplies accessible on site
k. Written evacuation plan for emergencies, i.e., Fire, Earthquake. l. Organizational Chart depicting CONTRACTOR reporting structure and contact information for CONTRACTOR management personnel to be called for different types of problems, i.e., facilities, client behavior, emergency, etc.
m. Shelter staff position descriptions, responsibilities, and expectations n. Information on required Service Principles as indicated in this contract o. Information on connections to mainstream services, referral, and priority eligibility

4. CONTRACTOR shall ensure its staff can readily access Shelter Program Policies and Procedures for consistency and clarity in conducting contracted services.

5. CONTRACTOR shall maintain a healthy environment.
a. CONTRACTOR shall refer any participant with a suspected or known infectious disease to the Homeless Persons Health Project (866-731-HPHP).
b. CONTRACTOR shall immediately notify City of any incidents that resulted in a call to 911, including the nature of the call and the outcome of the incident by contacting Megan Bunch – [email protected] or (831) 420-5093.

6. CONTRACTOR shall utilize identified systems for data collection and reporting, as well as participant and program assessment and evaluation. Systems shall be approved by the Director, and reports from the system shall be provided to the CITY upon request.

13.17 City of Santa Cruz Professional Services Agreement for Operation and Management of the Tier 3 Safe Parking Program June 2025 (Form Rev.01/24) Page 15

7. CONTRACTOR shall take necessary steps to ensure participants do not create or their conduct constitute a nuisance in the immediate vicinity of the site.

8. CONTRACTOR shall ensure that pets of participants adhere to the established shelter pet policy.

9. Upon expiration or termination of this AGREEMENT, CONTRACTOR shall remove all decorations, display, signs, or equipment from the site.

PERSONNEL & SITE SUPERVISION

1. CONTRACTOR shall recruit, hire, and maintain minimum staffing levels as specified in “Exhibit B– Budget” at a skill set sufficient to perform all the duties required to work with referred or identify potentially eligible participants and ensure the following are accomplished:
 Assessment of all safe parking applicants
 Safe parking participants’ entrance to and exit from the program happen in a coordinated manner  Appropriate oversight of safe parking operations to ensure the health and safety of participants and staff

2. CONTRACTOR shall ensure all paid and volunteer staff are instructed on CONTRACTOR’s shelter policies and procedures, and that a policy and procedures manual is available on site.

CONNECTION TO ADDITIONAL SERVICES

1. CONTRACTOR shall ensure all participants receive an intake assessment, and that information on participants is entered into HMIS.

2. CONTRACTOR shall refer and link participants with appropriate community-based resources and programs to meet needs identified during the intake and assessment process. CONTRACTOR shall work to ensure participants attain resources to which they were referred by program staff.

3. CONTRACTOR shall ensure that participants receive transportation linkage and referral assistance when necessary to obtain appropriate community resources and support.  To assist participants with disabilities to access transportation assistance, CONTRACTOR shall contact The Lift Line (https://communitybridges.org/liftline/) for disabled transportation assistance services or a similar free transportation service.

SYSTEMS FOR DATA COLLECTION
CONTRACTOR shall utilize the following approved systems for data collection and reporting, as well as participant and program assessment and evaluation.

HOMELESS MANAGEMENT INFORMATION SYSTEM (HMIS)

1. CONTRACTOR shall utilize HMIS as the agreed upon collaborative system for program and participant data collection and reporting.

13.18 City of Santa Cruz Professional Services Agreement for Operation and Management of the Tier 3 Safe Parking Program June 2025 (Form Rev.01/24) Page 16

2. CONTRACTOR shall complete HMIS data entry for each participant that includes information sharing authorization, new client entry if needed, program intake assessment, participant update information, participant referral information, and participant exit information.

REFERRALS, ELIGIBILITY AND PRIORITY CRITERIA

BASIC REFERRAL CRITERIA

1. CONTRACTOR shall accept referrals of participants from the City. With consent from the City, Contractor may also accept referrals from the Coordinated Entry System (CES) or from County agencies in the event there are available beds.

2. CONTRACTOR shall ensure that all participants are provided information about the Homeward Bound program and offered Homeward Bound as a diversion option at program intake.

BASIC ELIGIBILITY CRITERIA FOR SHELTER SERVICES
The basic eligibility for entry into the program, as established by City, is that participants are living in their vehicles while experiencing homelessness (literally homeless, unsheltered other than vehicle).

REPORTING AND COORDINATION REQUIREMENTS

1. CONTRACTOR shall immediately notify CITY of any significant issues with program participants; time is of the essence. Significant issues include but are not limited to disciplinary or safety issues that impact participants’ shelter stay.

2. Training: CONTRACTOR shall ensure that personnel listed under “Exhibit B – Budget” are appropriately trained in Housing First, HMIS, Coordinated Entry, Trauma Informed Care, Harm Reduction, to facilitate their ability to utilize evidence-based Housing First and other best practices.

INVOICES

1. CONTRACTOR shall provide monthly invoices, using a template provided by the CITY, to document services costs based on the budget detailed in this scope of work and the attached Exhibit B - Budget document.

2. Monthly invoices shall be submitted via email to CITY authorized staff (Larry Imwalle, [email protected]) within 10 calendar days following the end of the month in which the services were provided.

BACK UP DOCUMENTATION AND REPORTING

1. CONTRACTOR shall provide required backup documentation on monthly contracted activities along with monthly invoices when submitted.

2. CONTRACTOR shall utilize the HMIS to enter, track and measure data on each participating individual, based on the Performance Measurement outcomes stated in this scope of work.

3. CONTRACTOR shall utilize monthly reports and other reports as needed, to enter, track and measure data not already captured within HMIS, based on the Performance Measurement outcomes stated in this scope of work.

13.19 City of Santa Cruz Professional Services Agreement for Operation and Management of the Tier 3 Safe Parking Program June 2025 (Form Rev.01/24) Page 17

SCOPE OF WORK OR BUDGET MODIFICATION

1. Changes to the budget, including transfers between budget categories within a specific fiscal year may be made only through a budget modification, which must be requested to the CITY in writing by the CONTRACTOR in advance of the modification, providing the transfer is less than 30% (cumulative), is within a single budget suffix of the approved budget, and is within the total original fiscal year budget.

2. Budget modification requests must be received no later than May 15th of the fiscal year in which the budget modification is applicable and must have prior approval by CITY authorized staff to be approved.

ADDITIONAL TERMS AND CONDITIONS

1. Corrective Action: CONTRACTOR shall perform the agreed upon services detailed in this scope of work, submit timely invoices and reports, and work to meet agreed upon outcomes as detailed herein.

CONTRACTOR failure to provide any of these agreed upon terms may result in a Corrective Action request. Corrective Action requests will specify ongoing problems in the performance of these contract terms and a deadline by which to rectify problems and will also require the CONTRACTOR to submit a brief Corrective Action Plan detailing how ongoing problems will be resolved. Failure to adequately address steps outlined in the Corrective Action Plan may ·result in the withholding of payment on invoices and/or termination of the contract.

2. Federal Funding: CONTRACTOR certifies they are not suspended, debarred, or proposed for debarment from receiving federal funds; declared ineligible to receive federal funds; or voluntarily excluded from participation in covered transactions by any federal department or agency.

3. Uninterrupted Provision of Services: In order to maintain uninterrupted services under this agreement, the CONTRACTOR shall ensure that the budgeted staffing for the contracted services is maintained, which includes providing coverage for staff vacancies or leaves of more than two weeks. Additionally, CONTRACTOR program and direct service staff must be replaced within 90 days of the start of staffing vacancies.

4. Notification of Personnel Changes: In the event of key personnel changes or leaves of more than two weeks for positions funded by this agreement (e.g., program manager or assistant program manager), the CONTRACTOR shall report changes to the CITY within 10 business days of occurrence.

5. Instruction: The CONTRACTOR shall provide this Scope of Work to all of its employees who conduct activities under this contract, so that CONTRACTOR staff clearly understands expected activities per this agreement. The CONTRACTOR will train any new employees who work in any capacities related to the provisions of this contract, in the requirements of this contract.

6. Publicity and Outreach: The CONTRACTOR agrees to obtain CITY approval prior to use for all contracted program marketing materials, including but not limited to flyers, brochures, written success stories, social media posts, and website information. The CONTRACTOR shall ensure that the CITY logo and name are included on all contracted program marketing materials and will obtain these directly from CITY authorized staff for approved uses.

7. Media Inquiries: Should the CONTRACTOR receive press/media inquiries regarding the services provided through this contract, the CONTRACTOR shall notify the Homelessness Communication Specialist of the inquiry, at [email protected] or at 831-420-5059. Press/media must also be referred directly to the Communications Specialist for additional information.

13.20 City of Santa Cruz Professional Services Agreement for Operation and Management of the Tier 3 Safe Parking Program June 2025 (Form Rev.01/24) Page 18
EXHIBIT B: FEE SCHEDULE
The total amount payable under this agreement shall not exceed $430,161.60.

Safe Parking Program (“Program”) participants will vary due to a number of factors. This variation in Program participation will impact the costs associated with Program operations. The approved Program budget (below) is based on maximum participation of 20 vehicles. Should participation be lower, the Program costs, and therefore, Contractor invoices, will also be lower. It is therefore necessary that the Contractor provide accurate monthly reports and invoice monthly based on the associated costs incurred.

Contractor will invoice the City on or before the 15th of each month. Monthly invoices should include the following information and costs:
 Average number of Program participants for the invoicing month  Payroll costs with staff levels/house for the invoicing month  Supply costs with list of supplies purchased to support the Program during the invoicing month Budget

13.21 City of Santa Cruz Professional Services Agreement for Operation and Management of the Tier 3 Safe Parking Program June 2025 (Form Rev.01/24) Page 19
EXHIBIT C: INSURANCE REQUIREMENTS
Consultant shall procure and maintain insurance against claims for injuries to persons or damages to property and otherwise which may arise from or in connection with the performance of the work under this Agreement and the results of that work by Consultant, its agents, representatives, employees, or subcontractors.

A. CERTIFICATE REQUIREMENTS
The City will be issued a Certificate of Insurance (a Memorandum of Understanding will not be accepted) with the following minimum requirements:
 Certificate(s) will show current policy number(s) and effective dates,  Coverage and policy limits will meet, or exceed, requirements below,  The Certificate Holder will be City of Santa Cruz, Risk Management, 1200 Pacific Ave., Suite 290, Santa Cruz, CA 95060,
 Certificate will be signed by an authorized representative,  An endorsement, if required below, will be provided to show the City, its officers, officials, employees, and volunteers as additional insureds, and
 Coverages must be maintained during the term of the Agreement with the City, unless a longer duration is required 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): $2,000,000 PER OCCURRENCE; $2,000,000 AGGREGATE Proof of coverage for $2 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.  AUTOMOBILE LIABILITY:

Proof of coverage for $1,000,000 provided on ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, hired, (Code 8) and non-owned autos (Code 9), per accident for bodily injury and property damage.
 WORKERS’ COMPENSATION AS REQUIRED BY THE STATE OF CALIFORNIA, WITH STATUTORY LIMITS, AND EMPLOYER’S LIABILITY INSURANCE: $1,000,000 per accident for bodily injury or disease.

The Worker’s Compensation policy must be endorsed with a waiver of subrogation in favor of the City for all work performed by the Consultant and its employees. (Not required if Consultant provides written verification it has no employees) - If Consultant has no employees, Consultant shall complete and sign a Workers’ Compensation Exemption Declaration and Release of Liability.

13.22 City of Santa Cruz Professional Services Agreement for Operation and Management of the Tier 3 Safe Parking Program June 2025 (Form Rev.01/24) Page 20
C. OTHER INSURANCE PROVISIONS
The insurance policies are to comply with the following provisions:
 ADDITIONAL INSURED STATUS
The City, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds on the CGL 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).
 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.

13.23 City of Santa Cruz Professional Services Agreement for Operation and Management of the Tier 3 Safe Parking Program June 2025 (Form Rev.01/24) Page 21
 SELF-INSURED RETENTIONS (SIR)
Self-insured retentions must be declared to and approved by the City. City may require Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
 ACCEPTABILITY OF INSURERS
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII, unless otherwise acceptable to the City.
 CLAIMS MADE POLICIES
If any of the required policies provide coverage on a claims-made basis:

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

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

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

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

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

13.24 City Council

AGENDA REPORT
DATE: 05/22/2025
AGENDA OF: 06/10/2025
DEPARTMENT: City Manager
SUBJECT: Emergency Shelter Transportation Program Operations and Management Award Contract (CM)
LOCATION: District 1
RECOMMENDATION: Motion to award a contract to Community Bridges/Lift Line, Santa Cruz, CA for transportation operations for the Emergency Shelter Program in the amount of $437,994 and to authorize the City Manager to execute an agreement in a form approved by the City Attorney pending adoption of the FY 2026 approved budget. The Director of Homelessness Response and Community Programs is authorized to execute change orders.

BACKGROUND: On June 27, 2023, the City Council approved a contract with The Salvation Army (TSA) to operate the City Overlook emergency shelter located at the Santa Cruz Armory from July 1, 2023, through June 30, 2024. In the report to Council, staff indicated that the shuttle program, which provides transportation to and from the Armory for shelter program participants, had been removed from TSA contract, and that the City would initiate a Request for Proposal (RFP) process to identify a new vendor to provide the transportation service.

The RFP was released on May 26, 2023, and three organizations submitted proposals that met the minimum qualifications. In accordance with the City’s procurement protocols, and the evaluation criteria outlined in the RFP, the City reviewed the submissions, and Community Bridges/Lift Line received the highest score. In addition, Community Bridges/Lift Line submitted the lowest cost proposal. Community Bridges/Lift Line is able to leverage their existing fleet of vehicles and drivers to operate the Armory transportation program, keeping costs down. They have extensive experience, and a proven history working with vulnerable populations throughout Santa Cruz County. On September 12, 2023, Council approved a contract with Community Bridges to provide the transportation services at the City Overlook Emergency Shelter.

DISCUSSION: Community Bridges/Lift Line began providing the shuttle services for the City Overlook Emergency Shelter and the Long-Term Safe Parking program at the Santa Cruz Armory site on September 15, 2023. They provide hourly service to approximately 150 program participants, shuttling them from the Armory to stops in central Santa Cruz, Coral St, and County Health and Humans Services at Emeline. The transportation program operates 14 hours a day (6:00 a.m. to 9:00 p.m.) 365 days a year. Community Bridges/Lift Line has developed productive

14.1 working relationships with the Emergency Shelter and Long-Term Parking Program staff and program participants and has demonstrated quality service and performance in its nearly two years of operating this program. Staff recommends renewing the contract with Community Bridges/Lift Line to operate the Emergency Shelter Transportation Program for FY 2026. The proposed contract amount for the 12-month period is $437,994, which represents a five percent increase from FY 2025.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: The proposed Council action is not a “project” under CEQA because it does not have the potential to cause a physical change in the environment directly or indirectly.

HEALTH IN ALL POLICIES (HiAP): HiAP is a collaborative framework designed to improve population health by integrating health considerations into decision-making processes across sectors and policy areas. HiAP is built on three core pillars: equity, public health, and sustainability. Its primary goal is to ensure that policymakers fully consider the health, equity, and sustainability impacts of various policy options during development. The proposed program aligns with HiAP principles by promoting public health and equity, ensuring that lower-income individuals have access to services accessed via this transportation program. By prioritizing the welfare of vulnerable populations, this initiative reinforces commitment to a healthier, more resilient community.

FISCAL IMPACT:

1. The recommendation in this report impacts the General Fund: Yes

2. This recommendation requires a budget adjustment: No

3. The recommendation creates an on-going expenditure commitment: No FISCAL IMPACT DESCRIPTION: For FY 2026, the funding to support the operations and management of the Emergency Shelter Transportation program will come from the General Fund, Safe Sleeping and Shelter – Armory (p102202), in the amount of $437,994. The funding request to support this contract was included in the FY 2026 budget for consideration by the City Council.

Prepared By:

Larry Imwalle
Director Homelessness
Response and Community
Programs
Submitted By:

Michelle Templeton
Assistant City Manager
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. DRAFT FY26 COMMUNITY BRIDGES_LIFT LINE EMERGENCY SHELTER TRANSPORTATION CONTRACT.DOCX

14.2 City of Santa Cruz Professional Services Agreement Operation of Emergency Shelter Transportation Services

DRAFT
Professional Services Agreement With

COMMUNITY BRIDGES
For

OPERATION OF EMERGENCY SHELTER TRANSPORTATION SERVICES
(JULY 1, 2025—JUNE 30, 2026)
THIS AGREEMENT for professional services is made by and between the City of Santa Cruz (“City”) and Community Bridges (“Consultant”) (each is referred to individually as a “Party” and collectively, as the “Parties”) as of July 1, 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 Larry Imwalle, Homelessness Response Manager, 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

14.3 City of Santa Cruz Professional Services Agreement Operation of Emergency Shelter Transportation Services

acceptable work, provided that such approval will not be unreasonably withheld or delayed. If the work is not acceptable, City will inform Consultant of the changes or revisions necessary to secure approval.

SECTION 4: FEES AND PAYMENT
For services actually performed, the City will compensate Consultant at the rates set forth in the Fee Schedule / Budget detailed in Exhibit B and in accordance with the terms set forth therein. Payment for Consultant's services in carrying out the entire Scope of Work shall be made within the budget limit, or limits shown, upon Exhibit B. Such payment shall be considered the full compensation for all personnel, materials, supplies, and equipment used by Consultant in the Scope of Work. Markups shall not be charged for any approved sub-consultants or subcontractors.

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

Variations from the budget for each task which are justified by statements indicating personnel time expended and submittal of a revised budget are only allowed with prior City approval; however, in no event shall the total fee charged for the Scope of Work set forth in Exhibit A exceed the budget of $437,994 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’s firm (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.

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.

14.4 City of Santa Cruz Professional Services Agreement Operation of Emergency Shelter Transportation Services

SECTION 7: TERM AND SCHEDULE
The term of this Agreement shall be on the effective date of this Agreement and terminating on June 30, 2025. At the option of the City, this Agreement may be renewed annually under the same contractual terms and conditions by letter agreement. It is expressly understood by the Parties hereto that this Agreement and its commencement is dependent and conditioned upon the execution and grant of a License Agreement (“License”) to the City from the California Military Department (the “State”) for use of the Santa Cruz Armory located at 301 Armory Rd., Santa Cruz, CA 95065-2101; and in the event that said License is not executed, this Agreement will not go into effect and the City incurs no responsibilities or liabilities under this Agreement.

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.

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.

SECTION 8: TERMINATION
The City may terminate the Agreement for any reason by providing written notice to Consultant not less than 30 calendar days prior to an effective termination date. However, this Agreement shall terminate immediately upon any termination of the License for any reason whatsoever, without any liability upon the City, its officials, officers, and employees.

The City 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 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.

14.5 City of Santa Cruz Professional Services Agreement Operation of Emergency Shelter Transportation Services

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

SECTION 10: INDEMNIFICATION
Consultant agrees, to the fullest extent permitted by law, to indemnify, defend, and hold harmless the City, its officials, officers, employees, agents, and volunteers (collectively, “Indemnitees”) from and against any and all liability, claim, action, loss, injury, damage, judgment, or 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.

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

14.6 City of Santa Cruz Professional Services Agreement Operation of Emergency Shelter Transportation Services

City Manager or Director, Consultant’s compensation shall be limited to that set forth in Exhibit B, Fee Schedule / Budget.

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 reasonable 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 laws in performing the work and services under this Agreement. Consultant covenants (on behalf of Consultant and Consultant’s employees,

14.7 City of Santa Cruz Professional Services Agreement Operation of Emergency Shelter Transportation Services

agents, representatives, and subcontractors) that there is no direct or indirect interest, financial or otherwise, which would conflict in any manner or degree with the performance of services required under this Agreement.

Consultant acknowledges and agrees to comply with applicable provisions of conflict of interest law and regulations, including the CA Political Reform Act, Sections 1090 and 87100 of the Government Code, and the City’s conflict of interest code. Consultant will immediately advise City if Consultant learns of a conflicting financial interest of Consultant during the term of this Agreement.

8. City Property. The work, or any portion, of Consultant in performing this Agreement shall become the property of City. The Consultant may be permitted to retain copies of such work for information and reference in connection only with the provision of services for the City. All materials and work product, whether finished or unfinished, shall be delivered to City upon completion of contract services or termination of this Agreement for any reason. Consultant acknowledges and agrees that the work product shall be considered a work made for hire within the meaning of the patent and copyright laws of the United States; and Consultant agrees that all copyrights which arise from creation of project-related documents and materials pursuant to this Agreement shall be vested in the City and Consultant waives and relinquishes all claims to copyright or other intellectual property rights in favor of City. Any work product related to this Agreement shall be confidential, not to be used by the Consultant on other projects or disclosed to any third party, except by agreement in writing by the City, or except as otherwise provided herein. Consultant’s final deliverables shall comply with Section 508 (29 U.S.C.

Section 794d) accessibility requirements, as applicable.

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

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

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

10. Confidentiality.
a. Consultant shall not acquire any ownership interest in data and information (“City Data”) received by Consultant from City, which shall remain the property of the City. Certain information may be considered confidential (“Confidential Information”). Confidential Information shall mean all information or proprietary materials (in every form and media) not generally known to the public and

14.8 City of Santa Cruz Professional Services Agreement Operation of Emergency Shelter Transportation Services