Agenda packet — Santa Cruz City Council, August 11, 2026 (part 1 of 4)

CITY COUNCIL AGENDA
Regular Meeting - August 11, 2026
Council Chambers
809 Center Street
Santa Cruz
1:00 P.M. CLOSED SESSION
2:00 P.M. ORAL COMMUNICATIONS, CONSENT, CONSENT PUBLIC HEARING,

GENERAL BUSINESS AND PUBLIC HEARING
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, August 10th
PLEASE NOTE:
 Council may take a break(s) as needed.
 Requests for extra speaking time on items other than Oral Communications must be made by 5:00 p.m. on Sunday, August 9th by emailing the Mayor and the City Clerk.

Approval will be confirmed via email.
[email protected] [email protected]
August 11, 2026 City Council 2
The City of Santa Cruz does not discriminate against persons with disabilities. Out of consideration for people with chemical sensitivities we ask that you attend fragrance free. Upon request, the agenda can be provided in a format to accommodate special needs. Additionally, if you wish to attend this public meeting and will require assistance such as an interpreter for American Sign Language, Spanish, or other special equipment, please call the City Clerk’s Department at 420-5030 at least five days in advance so that we can arrange for such special assistance, or email [email protected]. The Cal-Relay 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.santacruzca.gov/councilmeetings 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.santacruzca.gov/councilmeetings and are also available for public inspection at the Office of the City Clerk, 809 Center Street Room 8, Santa Cruz, California, during normal business hours, and at the Council meeting.

Need more information? Contact the City Clerk’s office at 831-420-5030. 1:00 PM
Statements of Disqualification
Public Comment on Closed Session Items
Closed Session

1. Conference With Legal Counsel – Liability Claims (Government Code §54956.95)
1) Claimant: Mathew D. Sheldon
2) Claimant: Michael John Deuschel
3) Claimant: Juan Carlos Valencia
4) Claimant: Joshua S. Grant
5) Claimant: Nathan Escalante
6) Claimant: Jose Noel Hinojosa
Claims against the City of Santa Cruz
August 11, 2026 City Council 3
Closed Session (continued)

2. Real Property Negotiations (Government Code §54956.8) Property: 121 Soquel Avenue
APN: 005-081-51 (Portion)
Owner: Oswald, LLC dba Oswald
City Negotiator: Bonnie Lipscomb
Negotiating Parties: City of Santa Cruz and Damani Thomas Under Negotiation: Price, Terms of payment, or both

3. Conference with Legal Counsel - Existing Litigation (Government Code §54956.9(d)(1))
1) James Morrissey v. City of Santa Cruz, et al.
(Santa Cruz County Superior Court Case No. 26CV01124)
2) California Grocers Association, et al. v. City of Santa Cruz, et al. (Sacramento County Superior Court Case No. 25WM000095)
August 11, 2026 City Council 4
City Council
2:00 PM
Call to Order
Roll Call
Presentations

4. SEIU AB 2561 Presentation

5. Employee 25-year Service Pin - Brandon Ashby

6. Update on Monterey Bay Green Youth Service Corps Fellow Projects

7. Mayoral Proclamation Declaring August 11, 2026 as Catherine Breed Day

8. Mayoral Proclamation Declaring June 29, 2026, as Oliver Tree Day Oral Communications - 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.

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

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

August 11, 2026 City Council 5
Consent Agenda

10. Minutes of the June 23, 2026 City Council Meeting (CC) LOCATION: None
Motion to approve as submitted.

11. Certification of the June 2, 2026 Primary Election (CC) LOCATION: Districts 4 and 6, Citywide
Motion to adopt a resolution confirming and approving the canvass of ballots and returns for the City of Santa Cruz Primary Election held on June 2, 2026, and declaring the results.

12. Designation of Voting Delegate and Alternate to Attend the League of California Cities Annual Conference and Expo (CC)
LOCATION: Citywide
Motion to designate Councilmember Brunner as the voting delegate, and Councilmember Golder as the alternate, to attend the League of California Cities Annual Conference and Expo in Anaheim September 23—25, 2026.

13. 2026-2031 Economic Development Strategy Budget Adjustment (ED) LOCATION: Citywide
Motion to adopt a resolution amending the Fiscal Year 2027 budget to appropriate $87,750 in the Economic Development Trust Fund (Fund 136) for the 2026-2031 Economic Development Strategy consultant contract.

14. Resolution of Support for Designation of the City’s Eligible Census Tract to be Considered for Inclusion as an Opportunity Zone in the Opportunity Zone 2.0 Program (ED)
LOCATION: District 4
Motion to adopt a resolution authorizing submission of a local authority recommendation form requesting that Census Tract 06087101002 be considered by the State of California for Opportunity Zone designation in the Opportunity Zone 2.0 Program.

August 11, 2026 City Council 6
Consent Agenda (continued)

15. Liability Claims Filed Against the City of Santa Cruz (FN) Motion to reject the liability claims of 1) Mathew D. Sheldon, 2) Michael John Deuschel, 3) Juan Carlos Valencia, 4) Joshua S. Grant, and 5) Nathan Escalante, and to return as late the claim of 6) Jose Noel Hinojosa, based on staff recommendation.

16. Civic Auditorium – Handrail Project (c302422) – Notice of Completion (PR)
LOCATION: District 4
Motion to accept the work of Selway Construction, Inc. (San Jose, CA) as completed per the plans and specifications and authorize the filing of the Notice of Completion for Civic Auditorium - Handrail Project (c302422).

17. Award Contract for Poet's Park Playground Improvement Project (c302603) (PR)
LOCATION: District 4
Motion to:
1) Approve the plan and design of the Poet’s Park Playground Improvement Project (c302603), as shown in the attachment, POET'S PARK PLAYGROUND-OPTION 2.PDF;
2) Award the Poet's Park Playground equipment and installation contract to Ross Recreation Equipment (Santa Rosa, CA) in the amount of $130,195.63, and Authorize the City Manager to execute the contract in a form approved by the City Attorney;
3) Authorize the Parks and Recreation Director to execute change orders within the project budget, including potential modifications of the approved plan and design; and
4) Adopt a finding of exemption from CEQA pursuant to CEQA Guidelines Section 15061 (Common Sense Exemption) and the following categorical exemptions: CEQA Guidelines Section 15301 (Existing Facilities); Section 15302 (Replacement or Reconstruction); Section 15303 (New Construction or Conversion of New Structures); and Section 15304 (Minor Alterations of Land).

August 11, 2026 City Council 7
Consent Agenda (continued)

18. Award Contract to Davey Resource Group, Inc. for GIS Tree Inventory Update (PR)
LOCATION: Citywide
Motion to:
1) Award a contract to Davey Resource Group, Inc. (DRG) in the amount of $150,000 to prepare a Geographic Information Systems (GIS) Tree Inventory update on a sub-set of the city-wide tree inventory, as part of the grant funding awarded by the Urban Sustainability Director’s Network (USDN) to expand tree canopy, improve tree care, and grow community capacity in Santa Cruz;
2) Authorize the City Manager to execute the agreement in a form acceptable to the City Attorney; and
3) Adopt a finding of CEQA exemption pursuant to (1) the Class 6 Categorical Exemption (14 CCR 15306) for information collection, and (2) the Common Sense Exemption (14 CCR 15061(b)(3)).

19. MRF Stormwater Tanks Pad Installation Project (c402111) – Authorization to Advertise and Award (PW)
LOCATION: District 6
Motion to:
1) Approve the plans and specifications for the MRF Stormwater Tanks Pad Installation Project (c402111); authorize staff to advertise for bids and award the contract. The City Manager is hereby authorized and directed to execute the contract in a form approved by the City Attorney, and as authorized by Resolution No. NS-27,563. The Director of Public Works is authorized to execute change orders within the approved project budget.
2) Adopt a CEQA finding of categorical exemption pursuant to CEQA Guidelines Section 15302 (Replacement or Reconstruction).

August 11, 2026 City Council 8
Consent Agenda (continued)

20. Pacific-Beach Roundabout Enhancements Project (c402507) – Notice of Completion (PW)
LOCATION: District 4
Motion to accept the work of Anderson Pacific Engineering Construction, Inc. (Santa Clara, CA) as completed per plans and specifications, authorize the filing of the Notice of Completion for the Pacific-Beach Roundabout Enhancements Project (c402507), and authorize the Public Works Director to sign the Notice of Completion as the Owner’s Authorized Agent.

21. Purchase of One Refuse Front Loader and Two Sweeper Vehicles (PW) LOCATION: Citywide
Motion to:
1) Authorize the purchase of one Front Loader vehicle from Western Truck Parts and Equipment (Sacramento, CA) in the amount of $550,000; and
2) Authorize the purchase of two Fayat Ravo R5 Series sweeper vehicles from Municipal Maintenance Equipment (Sacramento, CA) in the amount of $700,000.

22. Award of Agreement to Chemtrade Chemicals US, LLC for Liquid Aluminum Sulfate (WT)
LOCATION: Citywide
Motion to accept the bid of Chemtrade Chemicals US, LLC (Toronto, Canada) for liquid aluminum sulfate and authorize the City Manager to execute an agreement in a form approved by the City Attorney.

August 11, 2026 City Council 9
Consent Agenda (continued)

23. Old City of Santa Cruz Dam Removal Project Landowner Agreement and Cooperator Agreement (WT)
LOCATION: County
Motion to authorize the City Manager to execute the following agreements, in a form to be approved by the City Attorney, for the Old City of Santa Cruz Dam Removal Project (Project):
1) Landowner Agreement between Resource Conservation District of Santa Cruz and the City of Santa Cruz; and
2) Cooperator Agreement between the United States Department of Agriculture – Natural Resources Conservation Service, the Resource Conservation District of Santa Cruz County, and the City of Santa Cruz.

End Consent Agenda
Consent Public Hearing

24. 2nd Reading and Final Adoption of Ordinance No. 2026-14 Amending Santa Cruz Municipal Code Section 1.18.020 to Adjust the Salaries of the Mayor and Councilmembers (CN)
LOCATION: Citywide
Motion to adopt Ordinance No. 2026-14 to adjust the salaries of the Mayor and Councilmembers.

25. TEFRA Hearing and Resolution Regarding Recycled Conduit Funding for the Calypso Project (ED)
LOCATION: District 4
Motion to:
1) Conduct the public hearing under the requirements of Tax and Equity Fiscal Responsibility Act (“TEFRA”) and the Internal Revenue Code of 1986, as amended (the “Code”); and
2) Adopt a resolution approving the issuance of tax-exempt multifamily housing revenue bonds in an amount not to exceed $75,000,000 (the “Bonds”), by the California Municipal Finance Authority (“CMFA”) for the benefit of Calypso Affordable LP (the “Borrower”), to provide for the financing of the multi-family rental affordable housing project, and rescinding Resolution No. NS-30,640.

August 11, 2026 City Council 10
General Business

26. CalPERS Contract Amendment (HR)
LOCATION: Citywide
Motion to:
1) Adopt a resolution declaring the City Council’s intention to approve an amendment to the City’s contract with the California Public Employees’ Retirement System (CalPERS) to remove the contract exclusions applicable to “All Appointive Members of the Boards and Commissions; and Persons Compensated On An Hourly Basis Employed June 26, 1962, or thereafter as County Branch Library Aides, Library Pages, School Crossing Guards and Recreation Department Employees” prospectively from the effective date of this amendment to contract; and
2) Introduce for publication an ordinance implementing the CalPERS contract amendment.

27. 2025-2030 City of Santa Cruz Local Hazard Mitigation Plan and Climate Adaptation Plan (LHM-CAP) – Year 1 Implementation Progress Report (CM)
LOCATION: Citywide
Motion to accept the LHM-CAP Year 1 Implementation Progress Report.

August 11, 2026 City Council 11
Public Hearing

28. 900 High Street: CP25-0105 (APN 001-022-45) Major Modification and Density Bonus Request Proposing Modifications to Application No. CP22- 0164 to Revise the Previous Density Bonus Request, Increase the Total Number of Residential Units from 40 to 47, Alter the Unit Mix, and Modify the Building Design/Envelope Compared to the Project Design as Previously Approved. Environmental Review: Statutory Exemption Pursuant to Public Resources Code Section 21083.3. Applicant: Sibley Simon, Workbench. Owner: Envision Peace Village, LLC, c/o Sibley Simon (CD)
LOCATION: District 5
Motion to adopt a resolution acknowledging the environmental determination (Statutory Exemption pursuant to Public Resources Code Section 21083.3) and approving a Major Modification and Density Bonus Request proposing modifications to Application No. CP22-0164 based on the findings listed in the draft Resolution and the Conditions of Approval attached as Exhibit “A.”
Adjournment
August 11, 2026 City Council 12

INFORMATION ITEMS PREVIOUSLY DISTRIBUTED TO CITY COUNCILMEMBERS ADDENDUM TO CITY COUNCIL AGENDA – AUGUST 11, 2026

29. Economic Development Department - First Amendment to License Agreement with Bogard Construction, Inc. 7/28/26 (EDFYI 003)

MAYOR'S PROCLAMATIONS
ADDENDUM TO CITY COUNCIL AGENDA – AUGUST 11, 2026

30. Proclaiming June 27, 2026 as “Santa Cruz Woodies and Woodies on the Wharf Day” and encouraging all citizens to join in celebrating this beloved community event that honors our surfing heritage, iconic cars, and the spirit of Santa Cruz.

31. Proclaiming June 15, 2026 as “World Elder Abuse Awareness Day” and the month of June 2026 as “Elder Abuse Awareness Month” and encouraging all citizens to join in this observance and in helping prevent elder abuse and supporting the well-being of all older adults in the City.

32. Proclaiming Friday, June 26, 2026 as “Ian Mackenzie Day” and further recognizing that he is entitled to all of the applicable (and nonapplicable) rights and privileges accompanying this honor.

33. Proclaiming Thursday, June 25, 2026 as “Anselmo Rivas Day” and encouraging all citizens to join in congratulating him on being named the “2026 Farmer of the Year” by the Santa Cruz County Farm Bureau.

34. Proclaiming June 29, 2026 as “Oliver Tree Day” in recognition of his achievements and contributions to the arts.

35. Proclaiming Sunday, July 19, 2026 as “Santa Cruz Ice Cream Day” and urging all Santa Cruz residents to join in eating as much ice cream as humanly possible at one or more of our local ice cream shops.

August 11, 2026 City Council 13
MAYOR'S PROCLAMATIONS (continued)

36. Proclaiming Thursday, July 16, 2026 as “Megan Grenier Day” and urging her fellow citizens, community members, and colleagues to join in thanking her for her dedicated and exemplary service as founding chair of the Friends of the Branciforte Library.

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 Two openings – at-large nominations County Library Advisory
Commission
One opening – at-large nomination
Downtown Commission Two openings – to be appointed by
Councilmembers Golder and O’Hara
Sister Cities Committee One opening – at-large nomination Transportation and Public Works
Commission
One opening – to be appointed by
Councilmember Trigueiro
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.

4.1 AGENDA:
● Vacant Jobs
● Specific Vacancies
○ Administrative Assistant II
● Managerial Bloat, impact on the
community and workforce
● Temporary Work
○ Lifeguards. Library floaters
● What are the Issues?
● Questions

4.2 SEIU 45.85 481.225 9.53%
By Classification:

Classification Vacant
Total
Budgeted
Vacancy
Rate Classification Vacant
Total
Budgeted
Vacancy
Rate
ADMINISTRATIVE ASSISTANT II 4.5 21.4 21.03%

POLICE PROPERTY & EVIDENCE
SPECIALIST 1 2 50.00%
ADMINISTRATIVE ASSISTANT III 2 9 22.22% POLICE RECORDS TECHNICIAN 2 7 28.57% ASSISTANT ENGINEER II 2 11 18.18% RANGER ASSISTANT 1.75 3.5 50.00% BUILDING MAINTENANCE WORKER II 1 4 25.00% RANGER II 1 3 33.33% ENVIRONMENTAL COMPLIANCE INSP. 1 2 50.00% RESOURCE RECOVERY WORKER I 1 21 4.76%

ENVIRONMENTAL PROGRAMS
ANALYST II 1 3 33.33% SENIOR BUILDING INSPECTOR 1 2 50.00% EQUIPMENT SERVICE WORKER 1 4 25.00% SENIOR PLANS EXAMINER 1 1 100.00% FACILITY ATTENDANT 1 2.5 40.00% SR RESOURCE RECOVERY WKR 1 5 20.00% HOUSING PROGRAMS SPECIALIST 1 1 100.00% UTILITY ACCOUNT SPECIALIST 2 4 50.00% HUMAN RESOURCES TECHNICIAN 1 4 25.00% UTILITY MAINTENANCE TECH 1 4 25.00% INFORMATION TECH SPECIALIST I 1 3 33.33% WATER FAC ELEC/INSTR TECH III 1 2 50.00% LT-ACCOUNTING TECHNICIAN 1 7 14.29% WATER METER SPECIALIST LEAD 1 1 100.00%

OH-BOOKMOBILE LIBRARY
ASSISTANT 1 2.5 40.00% WHARF CONSTRUCTION WORKER 2 4 50.00% PARKING ATTENDANT 0.6 9.4 6.38% WW COLLECTION MECH TECH II 1 1 100.00% PARKS MAINTENANCE WORKER 6 29 20.69% WW FAC LEAD ELEC/INSTR TECH 1 1 100.00% PAYROLL TECHNICIAN 1 2 50 00% WW FACILITIES MECH TECH II 1 9 11 11%

4.3 SEIU 45.85 481.225 9.53%
By Classification:

Classification Vacant
Total
Budgeted Vacancy Rate
How many Temporary
Equivalents?
Starting Wage--
Top Step
2025 Average Out of Market -
Compensation
PARKS MAINTENANCE WORKER 6 29 20.69% 0 $26.25--$36.94 -10.40% ADMINISTRATIVE ASSISTANT II 4.5 21.4 21.03% 5 (I's and II's) AAI - $23.05--
$32.44
AAII - $24.14--
$33.96 -20%
RESOURCE RECOVERY WORKER I 1 21 4.76% 6 $24.74--$34.81 No Data - Mapped ASSISTANT ENGINEER II 2 11 18.18% 0 $43.00--$60.51 -18% PARKING ATTENDANT 0.6 9.4 6.38% 16 $22.13--$31.13
ADMINISTRATIVE ASSISTANT III 2 9 22.22% 0 $28.25--36.06 -20%

4.4 What’s Going on with the Administrative Assistant Positions? - They’re typically the workers that the public makes first contact with - Responsibilities: Providing face to face interaction with the public, answering calls from customers or constituents, optimizing administrative functionings, assisting directors and staff, etc..
- They’re the backbone of many of the operational functionings of the City.

Admin Assistants play an important role in the City – So why aren’t these positions being hired for? More importantly, why are they being unbudgeted?

4.5 From the Union’s Standpoint:
- Your most recent budget recommended reducing the number of admin positions in some areas.
- The vacancies in this role are manufactured. The City is simply not hiring and actively removing these public facing roles, despite viable candidates. - What we’ve noticed is that admin assistant positions are debudgetted for “management/program analyst” roles, which do not provide the same public facing and administrative functionings needed to keep the city running and the public engaged.
- This is a worrying trend we’ve seen with the integration of Artificial Intelligence. False promises of optimization cause loss of necessary jobs that deprive the public of in-person services and contact.
- Losing this piece of operations hurts services.

4.6 The reality of where we’re at with services
By the numbers, outside of Fire and Police, in 2025 the City Employed:
● 430 Service Staff
● 82 Supervisors
● 162 Managers
● This means that the city maintains more than a “One to Two ratio”, of management to linestaff. For every one manager supervising, there are two workers to pave roads, work on water lines, or to keep our parks in good shape.

4.7 Misprioritization of management over city services
Even if you add the temporary workers, the ratio only rises to one manager to every three workers.

This ratio is drastically different in the fire and police departments. In 2025, there was one manager per nine employees and in Fire, and one manager per fourteen employees in the police department.

You’ll see throughout the proposed budget, recommendations to delete service positions for new managerial/supervisory positions where supervision and management already exist.

The outcome is the city spends exponentially more money for less services.

4.8 Workforce Impacts
When you hire new managers, the need for service does not go away. Due to budgeting for higher salaried and non service providing roles, the siphoning of resources away from services destroys the city’s ability to retain skilled staff and provide direct services for the public.

When unbenefitted temporary workers are included in these numbers, it means that:
-35% of the city’s workforce does not have the option to receive health benefits from the city
Around 100 of these employees make below the city’s Living Wage Ordinance, mainly in our library and parks department.

4.9 EMPLOYEE BENEFITS BY REPRESENTATION UNIT (6/21/25)

SERVICE SUPERVISORY MANAGEMENT POLICE

MANAGEMENT

POLICE FIRE

MANAGEMENT

FIRE EXECUTIVE

NUMBER OF

EMPLOYEES
430 82 162 6 84 6 55 14
CONTRACT TERM 10/1/2022 – 10/10/2025 11/12/2022 – 12/5/2025 9/17/2022 – 8/29/2025 3/4/2023 – 3/12/2027 3/4/2023 – 3/13/2026 10/1/2022 – 10/10/2025 9/17/2022 – 9/26/2025 10/1/2022 – 10/10/2025

RETIREMENT RATES
2023-2024
Tier 1
EMPLOYER RATE Tier 1
2% @ 55
Tier 1
2% @ 55
Tier 1
2% @ 55
Tier 1
3% @ 50
Sworn:

Tier 1
3% @ 50
Non-sworn:

Tier 1
2% @ 55
Tier 1
3% @ 50
Tier 1
3% @ 50
Tier 1
2% @ 55

23.33%

25.83% 24.33% 24.33% 97.52% 96.52% 23.33% 96.95% 96.95% Fire Chief

96.95%
Police Chief 98.52%
Tier 2
Added in Safety 9/3/11
Added in Misc. 5/12/12

EMPLOYER RATE
Tier 2
2% @ 60

25.83%
Tier 2
2% @ 60

24.33%
Tier 2
2% @ 60

24.33%
Tier 2
3% @ 55

28.04%
Tier 2
3% @ 55

27.04%
Tier 2
2% @ 60

23.33%
Tier 2
3% @ 55

28.14%
Tier 2
3% @ 55

28.14%
Tier 2
2% @ 60

23.33%
City Mgr 25.33%
Tier 3
Added 1/1/13

EMPLOYER RATE
Tier 3
2%@62
Tier 3
2%@62
Tier 3
2%@62
Tier 3

2.7@57
Tier 3

2.7@57
Tier 3
2%@62
Tier 3

2.7@57
Tier 3

2.7@57
Tier 3
2%@62

25.83 24.33% 24.33% 11.12% 10.12% 23.33% 1.46% 13.42% 23.33% MSO 12.22%
Tier 1 & 2 Tier 1 & 2
*EMPLOYEE PAYS
Employees are picking up % of
employers’ contribution.
*9.50%
Tier 3
*11.00%
Tier 1 & 2
*11.00%
Tier 3
*12.50%
Tier 1 & 2
*11.00%
Tier 3
*12.50%
Tier 1 & 2
*13.00%
Tier 3
*18.50%
Tier 1 & 2
*14.00%
Tier 3
*19.50%
Tier 1 & 2
*12.00%
Tier 3
*13.50%
Tier 1 & 2
*12.00%
Tier 3
*17.50%
Tier 1& 2
*12.00%
Tier 3
*17.50%
MSO 16.75%
*12.00%
City Mgr *10.00%
Fire & Police Chief
Safety *12.00%
(414h2)
(414h2) (414h2) (414h2) (414h2) (414h2) (414h2) (414h2) Tier 3
*13.50%
(414h2)

4.10 ● Stop the bleeding - stop unbudgetting service providing positions ● Instruct departments to expand services and budget for more positions who keep the city structurally sound.
● Reduce the city’s reliance on its temporary worker budget, build permanent and stable jobs since the need exists.
● Reduce the city’s reliance on private contractors and consultants and bring more work in-house.
● Bring more temporary workers into permanent status with the city ● Scrutinize the transfer of public money from services to managerial/supervisory positions when its recommended.
● Set standards for AI to ensure that the City protects itself from job loss ● Bring more positions into market alignment, and ensure all workers are making above the living wage ordinance.

4.11 ● Overall - dedicate funds for a July class and comp increase to help correct vacancies. ○ Budget for limited term positions and bring them into permanency ● Libraries
○ With a 4 million dollar temporary budget, there is room to budget for permanent library assistant II floater positions to help keep libraries fully staffed amidst ongoing issues with violence.
○ Library aides make up most of the workforce who do not make more than the living wage ordinance
● Parks/Fire
○ Having budgeted FTEs for Wharf Lifeguard II’s, Beach Captains, and Beach lieutenants will maintain safe wharf operations year round. Many of these positions can be sustained in part-time or 0.75 FTE status. Currently, these classifications risk their lives for public safety but do not receive benefits.
○ The Recreation series make up many of the workers making below the ordinance

4.12 Fellows funded by
Anjelka Stipanovič (they)
Program Coordinator, RCC
Anna Michel (she/they)
Program Coordinator, RCC
Julia Alaimo (she)
Program Coordinator, RCC
Jennifer Manseau (she)
Climate Fellow, City of SC

6.1 Neighborhood Resiliency Workshops

6.2 Workshop Objective:

Activate City neighborhoods to
work together in strengthening
emergency preparedness
around key local climate risks

6.3 Target # of Workshops = 12
= Workshop held (8)
= Workshop planned (6)

6.4 Outreach &
Engagement
Event tabling Door hangers Social media

6.5 Workshop Development
Risks in City of Santa Cruz
FEMA National Risk Index (by county)
Incorporating Feedback
• Length
• Content
• Outreach

6.6 participants!
workshops
neighborhoods
Impact: Metrics
93 8 15% in being equipped to help
neighbors in a disaster
20% in comfortability asking
neighbors for help
19% in confidence in ability to
be prepared
7 Participants reported an average increase of ...

6.7 "It was so useful and fun —
plus a great opportunity to
make new connections with
neighbors!
I learned a lot and highly
recommend this workshop
for everyone!"
Testimonial Highlight:
- Natascha B.,
Seabright resident
Community Feedback
15% in being equipped to help
neighbors in a disaster
20% in comfortability asking
neighbors for help
19% in confidence in ability to
be prepared
Participants reported an
average increase of ...

6.8 Looking Ahead...

Opportunity to
Expand
Block parties
Meals & childcare
Targeted community
workshops
Additional
Outreach
Spanish-speaking
neighborhoods
Families or young parents
Students
Unhoused Community

6.9 THANK YOU!
Questions/
Comments?

6.10 2026 City Council Meeting Calendar
August 25 - Regular Meeting
September 7 - City Hall Closure - Labor Day
September 8 - Regular Meeting
September 11/12 - Rosh Hashanah (City observed - sundown to sundown) October 20/21 - Yom Kippur (City observed - sundown to sundown) September 22 - Regular Meeting
October 13 - Regular Meeting
October 27 - Regular Meeting
November 11 - City Hall Closure - Veteran's Day (observed) November 17 - Regular Meeting
November 26 - City Hall Closure - Thanksgiving Day
November 27 - City Hall Closure - Day After Thanksgiving Day December 4/5 - Hanukkah (City observed - sundown to sundown) December 8 - Regular Meeting
December 22 Meeting Cancelled
December 25

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

MINUTES OF A CITY COUNCIL MEETING
June 23, 2026
Closed Session
12:30 PM
Mayor Keeley opened the City Council Closed Session at 12:30 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, City Attorney C. Bronson, Deputy City Clerk Administrator J. Wood, City Clerk Administrator B. Bush.

Statements of Disqualification – None.

Public Comment on Closed Session Items
Mayor Keeley opened the public comment period at 12:31 p.m. There were no speakers. Mayor Keeley closed the public comment period at 12:31 p.m., at which time the meeting was closed to the public and Council adjourned to the Courtyard Conference Room.

10.1 June 23, 2026 CITY COUNCIL MINUTES 8299
Closed Session

1. Conference With Legal Counsel – Liability Claims (Government Code §54956.95) 1) Claimant: James Edward Abbott
2) Claimant: Robert Ambrose Buchanan, IV
3) Claimant: Steven Raul Enriquez
4) Claimant: John Roskelley
5) Claimant: Glenn Wilson
6) Claimant: Lorraine Barnard
7) Claimant: Olivia Finestead
8) Claimant: Maeson Clevinger
Claims against the City of Santa Cruz
Councilmember Brunner recused herself from item 1.1 as it relates to her employment. Council received a status report, took up under agenda item 18, and no reportable action was taken.

2. Real Property Negotiations (Government Code §54956.8) Property: 1070 River Street
APN: 008-661-17
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.

10.2 June 23, 2026 CITY COUNCIL MINUTES 8300
City of Santa Cruz
809 Center Street
Santa Cruz, California 95060

MINUTES OF A CITY COUNCIL MEETING
June 23, 2026
1:00 PM
Call to Order – Mayor Keeley called the meeting to order at 1:02 p.m. in Council Chambers.

Roll Call

Present: Councilmembers Trigueiro, Brunner (left at 4:08 p.m.), Newsome, Golder, O’Hara; Vice Mayor Kalantari-Johnson; Mayor Keeley.

Absent: None.

Staff: City Manager M. Huffaker, Assistant City Manager M. Templeton, City Attorney C. Bronson, Deputy City Manager/Director of Economic Development B. Lipscomb, Director of Community Development L.

Butler, Chief of Fire R. Oatey, Chief People Officer S. De Leon, Director of Parks and Recreation T. Elliot, Chief of Police B. Escalante, Director of Water H. Luckenbach, Superintendent of Recreation T. HeddenJones, Principal Management Analyst E. Nguyen, Management Analyst E.

Watkins, Community Development Manager J. de Wit, Senior Planner R.

Bane, Engineering Associate C. Busenhart, Deputy City Clerk Administrator J. Wood, City Clerk Administrator B. Bush.

Presentations

3. Mayoral Proclamation Declaring June as Elder Abuse Awareness Month Councilmember Trigueiro read from a proclamation declaring June as Elder Abuse Awareness Month. Whitney Barnes, Adult Protective Services Social Worker Supervisor, spoke.

At this time Vice Mayor Kalantari-Johnson read from a proclamation declaring June 29, 2026 as Oliver Tree Day.

4. July is Parks and Recreation Month
Superintendent of Recreation T. Hedden-Jones gave a presentation.

10.3 June 23, 2026 CITY COUNCIL MINUTES 8301
Oral Communications
At 1:20 p.m. Mayor Keeley opened Oral Communications for members of the public who wished to speak regarding items not listed on the City Council agenda.

James Ewing-Whitman spoke regarding comments made by other people about China and microwave radiation, and whether Putin will invade Germany.

Unidentified person spoke regarding Housing Matters closing their day services and the lack of public restrooms available on Coral Street, and downtown during the farmer’s market.

Bradley Snyder spoke regarding the district elections, and the large building development of downtown.

Adrienne spoke regarding a trailer being towed from Coral Street, and people losing their homes and belongings when Coral Street is cleared for the street to be cleaned.

Susan Cavalieri spoke regarding the extreme heat in Europe and requested that the City continue the lawsuit against fossil fuels.

Nicholas Whitehead spoke regarding the beauty of people gathering and stated it will be important for Santa Cruz to unite with other sanctuary cities At 1:32 p.m. Mayor Keeley closed Oral Communications.

Presiding Officer's Announcements – None.

Statements of Disqualification – Councilmember Brunner announced she will be recusing herself from items 12, 18.1, 27, and 33 as they relate to her employment.

Additions and Deletions – None.

City Attorney Report on Closed Session – See page 8299 for the report.

Council Meeting Calendar

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

10.4 June 23, 2026 CITY COUNCIL MINUTES 8302
Consent Agenda
Councilmember Golder made a comment on item 15.

Councilmember O’Hara made a comment on items 7, 8, 9, and 10.

Vice Mayor Kalantari-Johnson made a comment on items 7, 8, 9, and 10.

Councilmember Newsome made a comment on items 7, 8, 9, and 10.

Councilmember Brunner made a comment on items 7, 8, 9, 10, and 15.

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

Unidentified person made a comment on items 8 and 15.

Bradley Snyder made a comment on items 10, 14, 15, and 17.

Unidentified person made a comment on items 7, 8, 9, and 10.

Mayor Keeley closed the public comment period.

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

ACTION: The motion carried with the following vote.

AYES: Councilmembers Trigueiro, Brunner (with the exception of items 12 and 18.1), Newsome, Golder, O’Hara; Vice Mayor KalantariJohnson; Mayor Keeley.

NOES: None.

ABSENT: None.

DISQUALIFIED: Councilmember Brunner (items 12 and 18.1).

6. Minutes of the June 9, 2026 City Council Meeting (CC) LOCATION: None
Motion carried to approve as submitted.

10.5 June 23, 2026 CITY COUNCIL MINUTES 8303
Consent Agenda (continued)

7. First Amendment to the Professional Services Agreement for the Long-Term Safe Parking Program Operations and Management (CM)
LOCATION: District 1
Motion carried to authorize the City Manager to execute the First Amendment to the Professional Services Agreement, in a form approved by the City Attorney, with People First of Santa Cruz County for the operations and management of the Long-Term Safe Parking Program in the amount of $203,257. The Director of Homelessness Response and Community Programs is authorized to approve and execute change orders within the approved budget.

8. First Amendment to the Professional Services Agreement for the City Overlook Emergency Shelter Operations and Management (CM)
LOCATION: District 1
Motion carried to authorize the City Manager to execute the First Amendment to the Professional Services Agreement, in a form approved by the City Attorney, with People First of Santa Cruz County for the operations and management of the City Overlook Emergency Shelter in the amount of $4,192,879. The Director of Homelessness Response and Community Programs is authorized to approve and execute change orders within the approved budget.

9. Second Amendment to the Professional Services Agreement for Downtown Outreach Worker Program (CM)
LOCATION: District 4
Motion carried to authorize the City Manager to execute the Second Amendment to the Professional Services Agreement, in a form approved by the City Attorney, with Encompass Community Services for the Downtown Outreach Worker Program in the amount of $539,016. The Director of Homelessness Response and Community Programs is authorized to approve and execute change orders within the approved budget.

10.6 June 23, 2026 CITY COUNCIL MINUTES 8304
Consent Agenda (continued)

10. Professional Services Agreement with the Homeless Garden Project for Pathways to Employment Program Pilot (CM)
LOCATION: Citywide
Motion carried to authorize the City Manager to execute a Professional Services Agreement, in a form to be approved by the City Attorney, with the Homeless Garden Project for the Pathways to Employment Program pilot in the amount of $236,658. The Director of Homelessness Response and Community Programs is authorized to approve and execute change orders within the approved budget.

11. Kron House Lease Amendment with Arts Council Santa Cruz County (ED) LOCATION: District 5
Motion carried to:
 Approve and authorize the City Manager to execute a Sixth Amendment to the Lease Agreement with Arts Council Santa Cruz County, in a form to be approved by the City Attorney, to extend the lease term for three years and increase the rental rate; and
 Approve and authorize the City Manager to execute a Memorandum of Lease, in a form to be approved by the City Attorney, to be recorded in the Santa Cruz County Recorder’s Office.

12. Movie Theater Retention Incentive Pilot Program Extension (ED) LOCATION: District 4
Motion carried to authorize a one-year extension of the Movie Theater Retention Incentive Pilot Program.

10.7 June 23, 2026 CITY COUNCIL MINUTES 8305
Consent Agenda (continued)

13. School Street Staircase Renovation Contract (ED IIG Parks and Paseos c102711) (ED/PW)
LOCATION: District 5
Motion carried to:
 Approve the Plans and Specifications for the School Street Staircase Renovation Project (c102711);
 Authorize the Public Works Director to solicit bids and award the contract, in a form to be approved by the City Attorney;
 Authorize the Public Works Director to, within the approved project budget, execute change orders and approve modifications of the design, plans, and specifications; and
 Adopt a CEQA finding of categorical exemption pursuant to CEQA Guidelines Section 15301 (Existing Facilities) and Section 15302 (Replacement or Reconstruction).

14. Third Amendment to the Agreement for Fire Protection and Emergency Response Services and Third Amendment of Lease of the UCSC Fire Station (FD) LOCATION: District 5 and 6
Motion carried to authorize the City Manager to execute a Third Amendment to the Agreement for Fire Protection and Emergency Response Services (Third Amendment to Service Agreement) and a Third Amendment of Lease of the UCSC Fire Station (Third Amendment to Lease Agreement) between the City of Santa Cruz (City) and the Regents of the University of California, on behalf of its Santa Cruz Campus (UCSC), in a form approved by the City Attorney and extending the term for one (1) year, with minor modifications.

15. Authorize the Purchase of a Fire Boat for the Santa Cruz Fire Department with Fire Public Safety Impact Fee Funds – Budget Adjustment (FD) LOCATION: District 2, 3, 4, and 6
Resolution No. NS-30,675 was adopted to amend the FY 2026 budget to add $27,437.50 as a transfer from the Public Safety Impact Fee, Fund 217, to the FY 2026 General Capital Investment Program, Fund 311, and to add $27,437.50 in revenue and expenditure budget to project c212608, Fire Boat Purchase for Fire Department.

10.8 June 23, 2026 CITY COUNCIL MINUTES 8306
Consent Agenda (continued)

16. Pass-Through Agreement with Community Bridges - TDA Claimant (FN) LOCATION: Citywide
Motion carried to authorize and direct the City Manager to execute an agreement with Community Bridges, allowing the City to act as claimant for funds obtained from the Santa Cruz County Regional Transportation Commission (SCCRTC) for Fiscal Year (FY) 2027.

17. Pass-Through Agreement with Volunteer Center of Santa Cruz County - TDA Claimant (FN)
LOCATION: Citywide
Motion carried to authorize and direct the City Manager to execute an agreement with Volunteer Center of Santa Cruz County, allowing the City to act as claimant for funds obtained from the Santa Cruz County Regional Transportation Commission (SCCRTC) for Fiscal Year (FY) 2027.

18. Liability Claims Filed Against the City of Santa Cruz (FN) Motion carried to reject the liability claims of 1) James Edward Abbott, 2) Robert Ambrose Buchanan, IV, 3) Steven Raul Enriquez, 4) John Roskelley, 5) Glenn Wilson, 6) Lorraine Barnard, 7) Olivia Finestead, and 8) Maeson Clevinger, based on staff recommendation.

19. Finance Department Temporary Staffing (FN)
LOCATION: Citywide
Motion carried to authorize the City Manager to execute a contract amendment to the City’s existing agreement with Robert Half, Inc., in a form to be approved by the City Attorney, for temporary staffing services in the Finance Department, increasing the contract amount by $60,000.00 for a revised total not-to-exceed the amount of $140,000.00.

10.9 June 23, 2026 CITY COUNCIL MINUTES 8307
Consent Agenda (continued)

20. Service Employees International Union, Local 521, Memorandum of Understanding (HR)
LOCATION: Citywide
Resolution No. NS-30,676 was adopted adopting the successor Memorandum of Understanding between the Service Employees International Union, Local 521 (SEIU) and the City of Santa Cruz, effective October 11, 2025 through October 10, 2028.

21. FY 2027 Funding for Senate Bill 1 Road Maintenance and Rehabilitation Account (RMRA) (PW)
LOCATION: Citywide
Resolution No. NS-30,677 was adopted approving the FY 2027 allocation of SB 1 Road Maintenance and Rehabilitation funds and authorizing the City Manager to submit the project list to the California Transportation Commission.

22. Santa Cruz Seaside Company Conditional Easement Agreement Located Adjacent to 400 Beach Street in the City of Santa Cruz (PW) LOCATION: District 4
Resolution No. NS-30,678 was adopted to approve a conditional easement agreement granted by the City to Santa Cruz Seaside Company (“Boardwalk”) for the installation of an electrical substation located adjacent to 400 Beach Street (APN No. 117-321-04), in a form acceptable to the City Attorney.

23. Wastewater Collections Division Lease Agreement - 195 Harvey West Boulevard (PW)
LOCATION: Citywide
Motion carried authorizing and directing the City Manager to execute a lease agreement, in a form approved by the City Attorney, and any amendments or documents necessary thereto of a non-substantive nature, with J3D Family Limited Partnership and Harvey West Mainini, LLC, collectively as landlord, for real property located at 195 Harvey West Boulevard.

10.10 June 23, 2026 CITY COUNCIL MINUTES 8308
Consent Agenda (continued)

24. Ratify Contract with Granite Construction for On-Call Paving Services (WT) LOCATION: County (Water Service Area)
Motion carried to:
 Ratify a contract with Granite Construction Company (Watsonville, CA) for on-call paving services in an amount not to exceed $200,000 per year, and authorizing the Water Director to execute future contract amendments, in a form approved by the City Attorney, that do not exceed the approved budget; and
 Adopt a CEQA finding of categorical exemption pursuant to California Code of Regulations Title 14, § 15301, (Class 1 categorical exemption for existing facilities).

25. Contract Amendment to Professional Services Agreement to Errol L.

Montgomery & Associates, Inc. For Groundwater Modeling Services in the Santa Cruz Mid-County Groundwater Basin (WT)
LOCATION: County
Motion carried to authorize the City Manager to execute a contract amendment, in a form to be approved by the City Attorney, with Errol L.

Montgomery & Associates (Oakland, CA) for groundwater modeling in the MidCounty groundwater basin, and authorize the Water Director to execute future contract amendments within the approved project budget.

26. Contract Amendment Service Order 12, Change Order 1 with HDR, Inc. for Capital Program Management Services (WT)
LOCATION: Citywide
Motion carried authorizing the City Manager to execute Contract Amendment Service Order 12, Change Order 1 with HDR, Inc. in the amount of $8,745,255 and in a form to be approved by the City Attorney.

End Consent Agenda

10.11 June 23, 2026 CITY COUNCIL MINUTES 8309
Consent Public Hearing
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 Vice Mayor KalantariJohnson, to approve the Consent Public Hearing Agenda.

ACTION: The motion carried with the following vote.

AYES: Councilmembers Trigueiro, Brunner (with the exception of item 27), Newsome, Golder, O’Hara; Vice Mayor Kalantari-Johnson; Mayor Keeley.

NOES: None.

ABSENT: None.

DISQUALIFIED: Councilmember Brunner (item 27).

27. Cooperative Retail Management Business Real Property Improvement District Assessments for FY 2027 (ED)
LOCATION: District 4
Resolution No. NS-30,679 was adopted confirming the Cooperative Retail Management Business Real Property Improvement District FY 2026/2027 Annual Report/Plan and levying Cooperative Retail Management Business Real Property Improvement District Assessments for FY 2027.

28. 2nd Reading and Final Adoption of Ordinance No. 2026-12 and Ordinance No. 2026-13 Amending the Santa Cruz Municipal Code Title 24, Zoning, Related to Protections Against On-Shore Facilities Supporting Off-Shore Oil and Gas Drilling and Deep-Sea Mining and Exploration, and Corresponding Changes to the City’s Local Coastal Program Implementation Plan (CM/CD/CN) LOCATION: Citywide
Motion carried to:
 Adopt Ordinance No. 2026-12 adding Section 24.06.093 to Chapter 24.06 – Zoning Map and Text Amendments and amending Sections 24.06.090 and

24.10.1620 of the Santa Cruz Municipal Code (SCMC) related to adding protections against on-shore facilities supporting off-shore oil and gas drilling and deep-sea mining exploration and development;  Adopt Ordinance No. 2026-13 amending the Local Coastal Program Implementation Plan (LCP IP) and amending Section 24.10.1525 of the SCMC to add protections against on-shore facilities supporting deep-sea mining exploration and development; and
 Adopt Resolution No. NS-30,680 directing staff to submit Ordinance No. 2026-13 to the California Coastal Commission.

10.12 June 23, 2026 CITY COUNCIL MINUTES 8310
General Business

29. Independent Police Auditor Report 2025 (CM)
LOCATION: Citywide
Principal Management Analyst E. Nguyen introduced the item.

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

Chief of Police B. Escalante responded to Council questions.

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

Lee Brokaw
Rhonda Reyna
Unidentified person
James Ewing-Whitman
Unidentified person
Mayor Keeley closed the public comment period.

MOTION: Councilmember Trigueiro moved, seconded by Councilmember O’Hara, to:
 Accept the 2025 annual report from the City’s Independent Police Auditor, OIR Group; and
 Direct Santa Cruz Police to prioritize use of the BlueTeam system and ensure the timely and complete entry of data into that system.

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.

10.13 June 23, 2026 CITY COUNCIL MINUTES 8311
General Business (continued)

30. Proposed Resolution Authorizing Application for the California Prohousing Designation Program (CD)
LOCATION: Citywide
Management Analyst E. Watkins gave a presentation and responded to Council questions.

Community Development Manager J. de Wit and Director of Community Development L. Butler responded to Council questions.

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

James Ewing-Whitman
Unidentified person
Mayor Keeley closed the public comment period.

MOTION: Councilmember Brunner moved, seconded by Vice Mayor Kalantari-Johnson, to:
 Adopt Resolution No. NS-30,681 to apply for a new Prohousing Designation from the California Department of Housing and Community Development (HCD); and
 Authorize the Director of Community Development to execute and deliver the application and any related program documents required for participation in the Prohousing Designation Program.

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.

10.14 June 23, 2026 CITY COUNCIL MINUTES 8312
General Business (continued)

31. Two Resolutions Ordering an Election on November 3, 2026: 1) To add Four Charter Amendment Ballot Measures, and 2) To add a Mayoral Election (CC) LOCATION: Citywide
City Clerk Administrator B. Bush and City Attorney C. Bronson spoke.

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 Vice Mayor Kalantari-Johnson, to:
 Not adopt the proposed resolution ordering an election to be held on November 3, 2026 for the purpose of submitting to the voters four measures to amend the City Charter; and
 Adopt Resolution No. NS-30,682 ordering an election to be held on November 3, 2026 for the purpose of submitting to the voters the two Mayoral candidates who received the most votes in the June 2, 2026 Primary election.

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.

Council took a break at 3:27 p.m. and returned at 3:41 p.m.

10.15 June 23, 2026 CITY COUNCIL MINUTES 8313
General Business (continued)

32. Ordinance Amending Santa Cruz Municipal Code Section 1.18.020 to Adjust the Salaries of the Mayor and Councilmembers (CN)
LOCATION: Citywide
Vice Mayor Kalantari-Johnson and Councilmember O’Hara spoke.

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

James Ewing-Whitman
Rhonda Reyna
Mayor Keeley closed the public comment period.

MOTION: Councilmember O’Hara moved, seconded by Vice Mayor Kalantari-Johnson, to:
 Introduce for publication Ordinance No. 2026-14 to adjust the salaries of the Mayor and Councilmembers; and
 Direct staff to annually, at or around the same time as the City Council’s budget hearings or budget adoption, prepare a proposed ordinance for City Council’s consideration that would adjust the salaries of the Mayor and Councilmembers.

FRIENDLY AMENDMENT: Mayor Keeley requested to amend Section 2 and Section 3 of Ordinance No. 2026-14 as follows:

SECTION 2. Section 1.18.020 of the Santa Cruz Municipal Code is amended as follows:
“1.18.020 ESTABLISHMENT OF SALARIES FOR MAYOR AND COUNCILMEMBERS.

Pursuant to Santa Cruz City Charter Section 603, effective as of the pay period ending September 11, 2026, each councilmember shall receive a salary of two thousand six hundred fifty three dollars and thirty-one cents ($2,653.31) per month, and, effective as of the pay period ending January 1, 2027, the mayor shall receive a salary of five thousand three hundred six dollars and sixty cents ($5,306.60) per month.”
SECTION 3. This ordinance shall take effect and be in force thirty (30) days after final adoption. The salary increases referenced in this ordinance shall be effective as of the pay period ending September 11, 2026 as specified in the amended Municipal Code.

10.16 June 23, 2026 CITY COUNCIL MINUTES 8314
General Business (continued)

32. Ordinance Amending Santa Cruz Municipal Code Section 1.18.020 to Adjust the Salaries of the Mayor and Councilmembers (CN) LOCATION: Citywide (continued)
Councilmember O’Hara and Vice Mayor Kalantari-Johnson accepted.

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.

At this time Councilmember Brunner left the dais.

Public Hearing

33. 201 Front Street: CP25-0116 (APN 007-031-04) Nonresidential Demolition Authorization Permit, Coastal Permit, Design Permit, Administrative Use Permit, Heritage Tree Removal Permit, and Downtown Density Bonus Request to Demolish a Commercial Building and Construct an Eight-Story Mixed-use Building Consisting of Approximately 12,000 Square Feet of Ground Floor Commercial Space, Live/Work Units on the Ground Floor, and 245 Rental Apartments on a Parcel Located in the CBD (Central Business District) Subdistrict E – Lower Pacific Avenue/CZ-O (Coastal Zone Overlay)/FP-O (Floodplain Overlay) Zone Districts and Within the South of Laurel Area District of the Downtown Plan. Environmental Review: Statutory Exemption Pursuant to Public Resources Code Section 21080.66. Applicant: Owen Lawlor, Lawlor Land Use Owner: 421 E 18th Street Property Partnership. (CD) LOCATION: District 4
Senior Planner R. Bane gave a presentation and responded to Council questions.

Applicant Owen Lawlor responded to Council questions.

Engineering Associate C. Busenhart and Director of Community Development L. Butler responded to Council questions.

10.17 June 23, 2026 CITY COUNCIL MINUTES 8315
Public Hearing (continued)

33. 201 Front Street: CP25-0116 (APN 007-031-04) Demolish a Commercial Building and Construct an Eight-Story Mixed-use Building (CD) LOCATION: District 4 (continued)
Mayor Keeley opened the public comment period. The following people spoke.

Unidentified person
James Ewing-Whitman
Mayor Keeley closed the public comment period.

MOTION: Councilmember Newsome moved, seconded by Vice Mayor Kalantari-Johnson, to adopt Resolution No. NS-30,683 acknowledging the environmental determination (Statutory Exemption pursuant to Public Resources Code Section 21080.66) and approval of the Nonresidential Demolition Authorization Permit, Coastal Permit, Design Permit, Administrative Use Permit, Heritage Tree Removal Permit, and Downtown Density Bonus request based on the findings listed in the resolution and the Conditions of Approval, with the below amendments and attached as Exhibit “A”:

Amend item 39:
 Prior to issuance of the Certificate of Occupancy for the project, the developer has agreed to voluntarily contribute $100,000 $250,000 to the cost of public infrastructure improvements identified in the Downtown Expansion Plan serving the Front Street corridor, including street, utility, and related public facility improvements (the “Downtown Improvements”). The purpose of this voluntary contribution is to fund infrastructure improvements required to serve development within the Downtown Expansion Plan area and the additional demand for public facilities generated by such development.

10.18 June 23, 2026 CITY COUNCIL MINUTES 8316
Public Hearing (continued)

33. 201 Front Street: CP25-0116 (APN 007-031-04) Demolish a Commercial Building and Construct an Eight-Story Mixed-use Building (CD) LOCATION: District 4 (continued)
MOTION (continued):

Add:
 Within six months of building permit issuance, the applicant shall work with the City to select a mural artist or artists and the design concept(s) for murals or other art work to be incorporated on to the building or site, with one objective to be improving the Front Street elevation with the roll-up doors, utility areas, and similar spaces along that frontage.

A panel consisting of one member of the Arts Commission, one member of the Downtown Association, and the Economic Development Director (or designee) shall work in coordination with the applicant to select the artist and design. The applicant shall provide evidence that a contract or contracts have been entered into with the selected artist(s) for the approved design within one year of building permit issuance, and murals shall be completed prior to issuance of the final Certificate of Occupancy.
 The building exterior shall be maintained in good condition throughout the life of the project.
 Prior to Building Permit issuance, and as part of the Building Permit Plan Check process, a subcommittee of the City Planning Commission in consultation with the Community Development Director or their designee shall review and approve the selected exterior materials for the project.

Councilmember O’Hara requested that the motion be divided to separate approval of the Heritage Tree Removal Permit. City Attorney C. Bronson advised that the motion was to adopt a resolution that includes approval of the Heritage Tree Removal Permit. To remove the approval of the Heritage Tree Removal Permit would require significant revisions to the resolution.

10.19 June 23, 2026 CITY COUNCIL MINUTES 8317
Public Hearing (continued)

33. 201 Front Street: CP25-0116 (APN 007-031-04) Demolish a Commercial Building and Construct an Eight-Story Mixed-use Building (CD) LOCATION: District 4 (continued)
ACTION: The motion carried with the following vote.

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

NOES: None.

ABSENT: None.

DISQUALIFIED: Councilmember Brunner.

Staff direction:

Vice Mayor Kalantari Johnson requested staff to look into all possible options in order to preserve the Heritage Trees surrounding this project.

Adjournment – Councilmember Golder moved, seconded by Councilmember Trigueiro, to adjourn. By consensus City Council adjourned at 4:54 p.m.

Respectfully Submitted:

Julia Wood, Deputy City Clerk Administrator
Attest:

Bonnie Bush, City Clerk Administrator
Approved:

Fred Keeley, Mayor

10.20 City Council

AGENDA REPORT
DATE: 06/25/2026
AGENDA OF: 08/11/2026
DEPARTMENT: City Clerk
SUBJECT: Certification of the June 2, 2026 Primary Election (CC) LOCATION: Districts 4 and 6, Citywide
RECOMMENDATION: Motion to adopt a resolution confirming and approving the canvass of ballots and returns for the City of Santa Cruz Primary Election held on June 2, 2026, and declaring the results.

BACKGROUND: At the meeting of January 13, 2026, Resolution No. NS-30,597 was adopted calling an election for the purpose of electing Councilmembers for Districts 4 and 6, and Mayor.

DISCUSSION: On June 2, 2026, the Primary Election was held in accordance with law and the votes were cast. The County Clerk certified the results of the election (Exhibit A – Statement of Vote).

The following candidates for Districts 4 and 6 were elected after receiving the majority of votes.  Scott Newsome, District 4
 Renee Golder, District 6
As no singular Mayoral candidate received 50% + 1 of the votes, the following two candidates received the highest number of votes and will be on the November 2, 2026 ballot in a run-off election.
 Ami Chen-Mills
 Ryan Coonerty
The newly elected members of the City Council will be sworn in and seated at the December 8, 2026 Council meeting.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: The proposed Council action is not a “project” under CEQA.

11.1 HEALTH IN ALL POLICIES (HiAP): This aligns with the HiAP Equity pillar as local elections provide an opportunity for broad community engagement in selecting elected officials that will represent voters in local initiatives and policy decisions.

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: None.

Prepared By:

Bonnie Bush
City Clerk
Submitted By:

Michelle Templeton
Assistant City Manager
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION.DOC

2. EXHIBIT A - STATEMENT OF VOTE.PDF

11.2 RESOLUTION NO. NS-30,XXX

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

CONFIRMING AND APPROVING THE CANVASS OF BALLOTS AND RETURNS FOR THE CITY OF SANTA CRUZ PRIMARY ELECTION HELD ON JUNE 2, 2026

AND DECLARING THE RESULTS
WHEREAS, at the meeting of January 13, 2026, the City Council adopted Resolution No. NS-30,597 calling for an election in the City of Santa Cruz for the purpose of electing Councilmembers for Districts 4 and 6, and an at-large Mayor; and WHEREAS, on June 2, 2026, the election so called and ordered was held in accordance with law and the votes were counted; and
WHEREAS, the County Clerk has certified the results of the election.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Cruz that it hereby certifies the following:

1. The Primary Election referred to above was held in the City of Santa Cruz on June 2, 2026.

2. The certified canvass of returns is set forth in Exhibit “A” and incorporated by reference.

3. Votes were cast for the candidates for the office of District 4 Councilmember as follows:

Name of Candidate Vote Count Percent
Hector Marin 1,333 47.19%
Scott Newsome 1,472 52.11%
Write-in 20 0.71%
Based on the official count by the County Elections Official, Scott Newsome was elected as District 4 Councilmember.

4. Votes were cast for the candidates for the office of District 6 Councilmember as follows:

Name of Candidate Vote Count Percent
Renee Golder 1,971 63.58%
Gabriella Noack 1,110 35.81%
Write-in 19 0.61%
Based on the official count by the County Elections Official, Renee Golder was elected as District 6 Councilmember.

11.3 RESOLUTION NO. NS-30,XXX

5. Votes were cast for the candidates for the office of Mayor as follows:

Name of Candidate Vote Count Percent
Ami Chen-Mills 3,991 20.51%
Ryan Coonerty 9,300 47.8%
Joy Schendledecker 2,435 12.52%
Gillian Greensite 2,161 11.11%
Joy Schendledecker 1,466 7.54%
Write-in 102 0.52
As no singular Mayoral candidate received 50% + 1 of the votes, the two candidates who received the highest number of votes and will be on the November 2, 2026 ballot in a runoff election are Ami Chen-Mills and Ryan Coonerty.

PASSED AND ADOPTED this 11th day of August, 2026, by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

APPROVED: _________________________
Fred Keeley, Mayor
ATTEST: _______________________________
Bonnie Bush, City Clerk Administrator

11.4 Statement of Vote
June 2, 2026 Statewide Direct Primary Election
Tricia Webber, Santa Cruz County Clerk
701 Ocean St., Room 310
Santa Cruz, CA 95060
831-454-2060 / 1-866-282-5900
831-454-2445 (FAX)
www.votescount.santacruzcountyca.gov

11.5 Certification of County Clerk/Registrar of Voters of the Results of the Canvass of the June 2, 2026, Statewide
Direct Primary Election

STATE OF CALIFORNIA
ss.

COUNTY OF SANTA CRUZ
I, Tricia Webber, County Clerk/Registrar of Voters of County of Santa Cruz, do hereby certify that, in pursuance of the provisions of Elections Code section 15300, et seq., I did canvass the results of the votes cast in the Statewide Direct Primary Election held in said County on June 2, 2026, for measures and contests that were submitted to the vote of the voters, and that the Statement of Votes Cast, to which this certificate is attached is full, true, and correct.

I hereby set my hand and official seal this 26th day of June 2026, at the County of Santa Cruz.

County Clerk/Registrar of Voters
County of Santa Cruz
State of California

11.6 1 City of Santa Cruz Mayor
1 1 1 1 1 1
Registered
Voters
Voters Cast
Turnout (%)
Ami Chen MillsRyan Coonerty
Joy
Schendledecker
Gillian
Greensite
Chris Krohn
Write In
11100 In-Person 1269 81 6.38% 15 31 17 5 7 2
11100 Mail Voting 1269 696 54.85% 102 391 42 66 31 1
11100 Total 1269 777 61.23% 117 422 59 71 38 3
11112 In-Person 1396 37 2.65% 2 18 1 7 7
11112 Mail Voting 1396 792 56.73% 103 483 61 67 20 3
11112 Total 1396 829 59.38% 105 501 62 74 27 3
31100 In-Person 1890 103 5.45% 17 40 7 18 12
31100 Mail Voting 1890 1039 54.97% 182 451 100 138 96 3 31100 Total 1890 1142 60.42% 199 491 107 156 108 3
31130 In-Person 154 6 3.90% 2 1 1 2
31130 Mail Voting 154 68 44.16% 13 22 16 3 7
31130 Total 154 74 48.05% 15 23 17 3 9
31200 In-Person 2039 95 4.66% 19 44 9 6 10
31200 Mail Voting 2039 1137 55.76% 194 570 104 108 86 6 31200 Total 2039 1232 60.42% 213 614 113 114 96 6
31201 In-Person 1486 71 4.78% 15 17 11 13 8
31201 Mail Voting 1486 764 51.41% 165 304 93 82 60 4
31201 Total 1486 835 56.19% 180 321 104 95 68 4
31202 In-Person 2100 97 4.62% 19 28 24 10 10
31202 Mail Voting 2100 906 43.14% 199 331 143 90 81 5
31202 Total 2100 1003 47.76% 218 359 167 100 91 5
31250 In-Person 1260 54 4.29% 15 15 6 10 5
31250 Mail Voting 1260 699 55.48% 158 324 46 76 48 7
31250 Total 1260 753 59.76% 173 339 52 86 53 7
31300 In-Person 2048 109 5.32% 22 41 16 12 9 2
31300 Mail Voting 2048 1165 56.88% 206 619 92 93 77 4
31300 Total 2048 1274 62.21% 228 660 108 105 86 6
31301 In-Person 1328 61 4.59% 22 17 8 3 4 1
31301 Mail Voting 1328 683 51.43% 158 314 64 73 30 1
31301 Total 1328 744 56.02% 180 331 72 76 34 2
31302 In-Person 1900 157 8.26% 44 43 26 19 16 1
31302 Mail Voting 1900 783 41.21% 147 294 108 105 71 5
31302 Total 1900 940 49.47% 191 337 134 124 87 6
31330 In-Person 1579 87 5.51% 20 29 12 7 3
31330 Mail Voting 1579 800 50.66% 132 405 75 86 42 5
31330 Total 1579 887 56.17% 152 434 87 93 45 5
31400 In-Person 1980 96 4.85% 26 33 16 6 8
31400 Mail Voting 1980 1147 57.93% 189 602 89 150 55 3
31400 Total 1980 1243 62.78% 215 635 105 156 63 3
31402 In-Person 2176 141 6.48% 40 38 29 12 7 1
31402 Mail Voting 2176 690 31.71% 158 183 161 67 67 2
31402 Total 2176 831 38.19% 198 221 190 79 74 3
31420 In-Person 2072 126 6.08% 35 33 28 7 10 2
31420 Mail Voting 2072 1067 51.50% 200 452 149 115 80 5 31420 Total 2072 1193 57.58% 235 485 177 122 90 7
31500 In-Person 741 19 2.56% 1 16 2
31500 Mail Voting 741 480 64.78% 62 330 19 37 14 5
31500 Total 741 499 67.34% 63 346 21 37 14 5
31501 In-Person 31 4 12.90% 1 3
Printed: Friday, June 26, 2026 3:53 PM Data Refreshed: Friday, June 26, 2026 3:53 PM Page 205 of 208 County of Santa Cruz
Santa Cruz June 2 2026 Primary Election
Precinct Canvass
June 2, 2026

11.7 1 City of Santa Cruz Mayor
1 1 1 1 1 1
Registered
Voters
Voters Cast
Turnout (%)
Ami Chen MillsRyan Coonerty
Joy
Schendledecker
Gillian
Greensite
Chris Krohn
Write In
31501 Mail Voting 31 13 41.94% 1 9 2 1
31501 Total 31 17 54.84% 2 12 2 1
31510 In-Person 1600 398 24.88% 116 116 65 17 21
31510 Mail Voting 1600 180 11.25% 34 56 45 8 10 2
31510 Total 1600 578 36.13% 150 172 110 25 31 2
31600 In-Person 591 72 12.18% 17 26 17 1 5
31600 Mail Voting 591 146 24.70% 35 43 36 5 14
31600 Total 591 218 36.89% 52 69 53 6 19
31601 In-Person 1802 100 5.55% 21 27 19 8 10 2
31601 Mail Voting 1802 833 46.23% 176 367 107 64 55 1
31601 Total 1802 933 51.78% 197 394 126 72 65 3
31611 In-Person 2176 118 5.42% 22 44 16 14 9 2
31611 Mail Voting 2176 1071 49.22% 173 491 129 133 70 9 31611 Total 2176 1189 54.64% 195 535 145 147 79 11
31620 In-Person 1878 93 4.95% 13 50 9 9 5
31620 Mail Voting 1878 1070 56.98% 169 579 63 116 87 2
31620 Total 1878 1163 61.93% 182 629 72 125 92 2
51100 In-Person 1514 69 4.56% 19 19 9 13 5
51100 Mail Voting 1514 812 53.63% 143 340 76 136 54 7
51100 Total 1514 881 58.19% 162 359 85 149 59 7
51110 In-Person 1391 69 4.96% 20 23 10 5 3
51110 Mail Voting 1391 616 44.28% 150 211 109 42 65 3
51110 Total 1391 685 49.25% 170 234 119 47 68 3
51200 In-Person 302 23 7.62% 5 5 8 2
51200 Mail Voting 302 117 38.74% 25 37 18 18 8
51200 Total 302 140 46.36% 30 42 26 20 8
51440 In-Person 39 5 12.82% 2 1 2
51440 Mail Voting 39 14 35.90% 1 4 3 3
51440 Total 39 19 48.72% 3 5 5 3
51500 In-Person 1843 79 4.29% 25 22 10 8 6 2
51500 Mail Voting 1843 738 40.04% 141 308 107 70 53 4
51500 Total 1843 817 44.33% 166 330 117 78 59 6
Total - In-Person 38585 2370 6.14% 575 780 378 212 182 15 Total - Mail Voting 38585 18526 48.01% 3416 8520 2057 1949 1284 87 Contest Total 38585 20896 54.16% 3991 9300 2435 2161 1466 102 Printed: Friday, June 26, 2026 3:53 PM Data Refreshed: Friday, June 26, 2026 3:53 PM Page 206 of 208 County of Santa Cruz
Santa Cruz June 2 2026 Primary Election
Precinct Canvass
June 2, 2026

11.8 1 City of Santa Cruz Councilmember -
District 4
1 1 1
Registered
Voters
Voters Cast
Turnout (%)
Hector Marin
Scott
Newsome
Write In
31400 In-Person 1980 96 4.85% 49 32
31400 Mail Voting 1980 1147 57.93% 395 618 1
31400 Total 1980 1243 62.78% 444 650 1
31402 In-Person 2176 141 6.48% 75 37 7
31402 Mail Voting 2176 690 31.71% 327 238 5
31402 Total 2176 831 38.19% 402 275 12
31420 In-Person 2072 126 6.08% 68 35 2
31420 Mail Voting 2072 1067 51.50% 410 503 5
31420 Total 2072 1193 57.58% 478 538 7
51440 In-Person 39 5 12.82% 4 1
51440 Mail Voting 39 14 35.90% 5 8
51440 Total 39 19 48.72% 9 9
Total - In-Person 6267 368 5.87% 196 105 9
Total - Mail Voting 6267 2918 46.56% 1137 1367 11
Contest Total 6267 3286 52.43% 1333 1472 20
Printed: Friday, June 26, 2026 3:53 PM Data Refreshed: Friday, June 26, 2026 3:53 PM Page 207 of 208 County of Santa Cruz
Santa Cruz June 2 2026 Primary Election
Precinct Canvass
June 2, 2026

11.9 1 City of Santa Cruz Councilmember -
District 6
1 1 1
Registered
Voters
Voters Cast
Turnout (%)
Gabriella
Noack
Golder
Renée
Write In
31600 In-Person 591 72 12.18% 48 12
31600 Mail Voting 591 146 24.70% 76 50
31600 Total 591 218 36.89% 124 62
31601 In-Person 1802 100 5.55% 57 24 1
31601 Mail Voting 1802 833 46.23% 265 467 2
31601 Total 1802 933 51.78% 322 491 3
31611 In-Person 2176 118 5.42% 51 49
31611 Mail Voting 2176 1071 49.22% 329 610 5
31611 Total 2176 1189 54.64% 380 659 5
31620 In-Person 1878 93 4.95% 33 48 2
31620 Mail Voting 1878 1070 56.98% 251 711 9
31620 Total 1878 1163 61.93% 284 759 11
Total - In-Person 6447 383 5.94% 189 133 3
Total - Mail Voting 6447 3120 48.39% 921 1838 16
Contest Total 6447 3503 54.34% 1110 1971 19
Printed: Friday, June 26, 2026 3:53 PM Data Refreshed: Friday, June 26, 2026 3:53 PM Page 208 of 208 County of Santa Cruz
Santa Cruz June 2 2026 Primary Election
Precinct Canvass
June 2, 2026

11.10 1 City of Santa Cruz Mayor
1 1 1 1 1 1
Registered
Voters
Voters Cast
Turnout (%)
Ami Chen MillsRyan Coonerty
Joy
Schendledecker
Gillian
Greensite
Chris Krohn
Write In
Electionwide Total 38585 20896 54.16% 3991 9300 2435 2161 1466 102 19th Congressional District Total 38585 20896 54.16% 3991 9300 2435 2161 1466 102 17th Senatorial District Total 38585 20896 54.16% 3991 9300 2435 2161 1466 102 28th Assembly District Total 38585 20896 54.16% 3991 9300 2435 2161 1466 102 State Board of Equalization -
District 2
Total 38585 20896 54.16% 3991 9300 2435 2161 1466 102
1st Supervisorial District Total 2665 1606 60.26% 222 923 121 145 65 6 3rd Supervisorial District Total 30831 16748 54.32% 3238 7407 1962 1722 1204 80 5th Supervisorial District Total 5089 2542 49.95% 531 970 352 294 197 16 City of Santa Cruz Total 38585 20896 54.16% 3991 9300 2435 2161 1466 102 City of Santa Cruz-District 1 Total 7614 4388 57.63% 768 2030 449 500 309 19 City of Santa Cruz-District 2 Total 7187 3963 55.14% 814 1675 462 415 316 22 City of Santa Cruz-District 3 Total 6855 3845 56.09% 751 1762 401 398 252 19 City of Santa Cruz-District 4 Total 6267 3286 52.43% 651 1346 477 357 230 13 City of Santa Cruz-District 5 Total 4215 1911 45.34% 381 860 250 141 104 13 City of Santa Cruz-District 6 Total 6447 3503 54.34% 626 1627 396 350 255 16 Printed: Friday, June 26, 2026 4:12 PM Data Refreshed: Friday, June 26, 2026 4:12 PM Page 28 of 30 County of Santa Cruz
Santa Cruz June 2 2026 Primary Election
District Total Canvass
Election Date: June 2, 2026

11.11 1 City of Santa Cruz Councilmember -
District 4
1 1 1
Registered
Voters
Voters Cast
Turnout (%)
Hector Marin
Scott
Newsome
Write In
Electionwide Total 6267 3286 52.43% 1333 1472 20
19th Congressional District Total 6267 3286 52.43% 1333 1472 20 17th Senatorial District Total 6267 3286 52.43% 1333 1472 20 28th Assembly District Total 6267 3286 52.43% 1333 1472 20 State Board of Equalization -
District 2
Total 6267 3286 52.43% 1333 1472 20
3rd Supervisorial District Total 6228 3267 52.46% 1324 1463 20 5th Supervisorial District Total 39 19 48.72% 9 9
City of Santa Cruz Total 6267 3286 52.43% 1333 1472 20
City of Santa Cruz-District 4 Total 6267 3286 52.43% 1333 1472 20 Printed: Friday, June 26, 2026 4:12 PM Data Refreshed: Friday, June 26, 2026 4:12 PM Page 29 of 30 County of Santa Cruz
Santa Cruz June 2 2026 Primary Election
District Total Canvass
Election Date: June 2, 2026

11.12 1 City of Santa Cruz Councilmember -
District 6
1 1 1
Registered
Voters
Voters Cast
Turnout (%)
Gabriella
Noack
Golder
Renée
Write In
Electionwide Total 6447 3503 54.34% 1110 1971 19
19th Congressional District Total 6447 3503 54.34% 1110 1971 19 17th Senatorial District Total 6447 3503 54.34% 1110 1971 19 28th Assembly District Total 6447 3503 54.34% 1110 1971 19 State Board of Equalization -
District 2
Total 6447 3503 54.34% 1110 1971 19
3rd Supervisorial District Total 6447 3503 54.34% 1110 1971 19 City of Santa Cruz Total 6447 3503 54.34% 1110 1971 19
City of Santa Cruz-District 6 Total 6447 3503 54.34% 1110 1971 19 Printed: Friday, June 26, 2026 4:12 PM Data Refreshed: Friday, June 26, 2026 4:12 PM Page 30 of 30 County of Santa Cruz
Santa Cruz June 2 2026 Primary Election
District Total Canvass
Election Date: June 2, 2026

11.13 1 City of Santa Cruz Mayor
1 1 1 1 1 1
Registered
Voters
Voters Cast
Turnout (%)
Ami Chen MillsRyan Coonerty
Joy
Schendledecker
Gillian
Greensite
Chris Krohn
Write In
Electionwide Total 38585 2370 6.14% 575 780 378 212 182 15 19th Congressional District Total 38585 2370 6.14% 575 780 378 212 182 15 17th Senatorial District Total 38585 2370 6.14% 575 780 378 212 182 15 28th Assembly District Total 38585 2370 6.14% 575 780 378 212 182 15 State Board of Equalization -
District 2
Total 38585 2370 6.14% 575 780 378 212 182 15
1st Supervisorial District Total 2665 118 4.43% 17 49 18 12 14 2 3rd Supervisorial District Total 30831 2007 6.51% 487 661 321 172 154 11 5th Supervisorial District Total 5089 245 4.81% 71 70 39 28 14 2 City of Santa Cruz Total 38585 2370 6.14% 575 780 378 212 182 15 City of Santa Cruz-District 1 Total 7614 365 4.79% 75 132 45 48 36 2 City of Santa Cruz-District 2 Total 7187 340 4.73% 73 109 58 41 33 City of Santa Cruz-District 3 Total 6855 414 6.04% 108 130 62 41 32 4 City of Santa Cruz-District 4 Total 6267 368 5.87% 103 105 75 25 25 3 City of Santa Cruz-District 5 Total 4215 500 11.86% 143 157 77 25 27 2 City of Santa Cruz-District 6 Total 6447 383 5.94% 73 147 61 32 29 4 Printed: Friday, June 26, 2026 4:14 PM Data Refreshed: Friday, June 26, 2026 4:14 PM Page 28 of 30 County of Santa Cruz
Santa Cruz June 2 2026 Primary Election
District In Person Canvass
Election Date: June 2, 2026

11.14 1 City of Santa Cruz Councilmember -
District 4
1 1 1
Registered
Voters
Voters Cast
Turnout (%)
Hector Marin
Scott
Newsome
Write In
Electionwide Total 6267 368 5.87% 196 105 9
19th Congressional District Total 6267 368 5.87% 196 105 9 17th Senatorial District Total 6267 368 5.87% 196 105 9 28th Assembly District Total 6267 368 5.87% 196 105 9
State Board of Equalization -
District 2
Total 6267 368 5.87% 196 105 9
3rd Supervisorial District Total 6228 363 5.83% 192 104 9 5th Supervisorial District Total 39 5 12.82% 4 1
City of Santa Cruz Total 6267 368 5.87% 196 105 9
City of Santa Cruz-District 4 Total 6267 368 5.87% 196 105 9 Printed: Friday, June 26, 2026 4:14 PM Data Refreshed: Friday, June 26, 2026 4:14 PM Page 29 of 30 County of Santa Cruz
Santa Cruz June 2 2026 Primary Election
District In Person Canvass
Election Date: June 2, 2026

11.15 1 City of Santa Cruz Councilmember -
District 6
1 1 1
Registered
Voters
Voters Cast
Turnout (%)
Gabriella
Noack
Golder
Renée
Write In
Electionwide Total 6447 383 5.94% 189 133 3
19th Congressional District Total 6447 383 5.94% 189 133 3 17th Senatorial District Total 6447 383 5.94% 189 133 3 28th Assembly District Total 6447 383 5.94% 189 133 3
State Board of Equalization -
District 2
Total 6447 383 5.94% 189 133 3
3rd Supervisorial District Total 6447 383 5.94% 189 133 3 City of Santa Cruz Total 6447 383 5.94% 189 133 3
City of Santa Cruz-District 6 Total 6447 383 5.94% 189 133 3 Printed: Friday, June 26, 2026 4:14 PM Data Refreshed: Friday, June 26, 2026 4:14 PM Page 30 of 30 County of Santa Cruz
Santa Cruz June 2 2026 Primary Election
District In Person Canvass
Election Date: June 2, 2026

11.16 1 City of Santa Cruz Mayor
1 1 1 1 1 1
Registered
Voters
Voters Cast
Turnout (%)
Ami Chen MillsRyan Coonerty
Joy
Schendledecker
Gillian
Greensite
Chris Krohn
Write In
Electionwide Total 38585 18526 48.01% 3416 8520 2057 1949 1284 87 19th Congressional District Total 38585 18526 48.01% 3416 8520 2057 1949 1284 87 17th Senatorial District Total 38585 18526 48.01% 3416 8520 2057 1949 1284 87 28th Assembly District Total 38585 18526 48.01% 3416 8520 2057 1949 1284 87 State Board of Equalization -
District 2
Total 38585 18526 48.01% 3416 8520 2057 1949 1284 87
1st Supervisorial District Total 2665 1488 55.83% 205 874 103 133 51 4 3rd Supervisorial District Total 30831 14741 47.81% 2751 6746 1641 1550 1050 69 5th Supervisorial District Total 5089 2297 45.14% 460 900 313 266 183 14 City of Santa Cruz Total 38585 18526 48.01% 3416 8520 2057 1949 1284 87 City of Santa Cruz-District 1 Total 7614 4023 52.84% 693 1898 404 452 273 17 City of Santa Cruz-District 2 Total 7187 3623 50.41% 741 1566 404 374 283 22 City of Santa Cruz-District 3 Total 6855 3431 50.05% 643 1632 339 357 220 15 City of Santa Cruz-District 4 Total 6267 2918 46.56% 548 1241 402 332 205 10 City of Santa Cruz-District 5 Total 4215 1411 33.48% 238 703 173 116 77 11 City of Santa Cruz-District 6 Total 6447 3120 48.39% 553 1480 335 318 226 12 Printed: Friday, June 26, 2026 4:15 PM Data Refreshed: Friday, June 26, 2026 4:15 PM Page 28 of 30 County of Santa Cruz
Santa Cruz June 2 2026 Primary Election
District Vote By Mail Canvass
Election Date: June 2, 2026

11.17 1 City of Santa Cruz Councilmember -
District 4
1 1 1
Registered
Voters
Voters Cast
Turnout (%)
Hector Marin
Scott
Newsome
Write In
Electionwide Total 6267 2918 46.56% 1137 1367 11
19th Congressional District Total 6267 2918 46.56% 1137 1367 11 17th Senatorial District Total 6267 2918 46.56% 1137 1367 11 28th Assembly District Total 6267 2918 46.56% 1137 1367 11 State Board of Equalization -
District 2
Total 6267 2918 46.56% 1137 1367 11
3rd Supervisorial District Total 6228 2904 46.63% 1132 1359 11 5th Supervisorial District Total 39 14 35.90% 5 8
City of Santa Cruz Total 6267 2918 46.56% 1137 1367 11
City of Santa Cruz-District 4 Total 6267 2918 46.56% 1137 1367 11 Printed: Friday, June 26, 2026 4:15 PM Data Refreshed: Friday, June 26, 2026 4:15 PM Page 29 of 30 County of Santa Cruz
Santa Cruz June 2 2026 Primary Election
District Vote By Mail Canvass
Election Date: June 2, 2026

11.18 1 City of Santa Cruz Councilmember -
District 6
1 1 1
Registered
Voters
Voters Cast
Turnout (%)
Gabriella
Noack
Golder
Renée
Write In
Electionwide Total 6447 3120 48.39% 921 1838 16
19th Congressional District Total 6447 3120 48.39% 921 1838 16 17th Senatorial District Total 6447 3120 48.39% 921 1838 16 28th Assembly District Total 6447 3120 48.39% 921 1838 16 State Board of Equalization -
District 2
Total 6447 3120 48.39% 921 1838 16
3rd Supervisorial District Total 6447 3120 48.39% 921 1838 16 City of Santa Cruz Total 6447 3120 48.39% 921 1838 16
City of Santa Cruz-District 6 Total 6447 3120 48.39% 921 1838 16 Printed: Friday, June 26, 2026 4:15 PM Data Refreshed: Friday, June 26, 2026 4:15 PM Page 30 of 30 County of Santa Cruz
Santa Cruz June 2 2026 Primary Election
District Vote By Mail Canvass
Election Date: June 2, 2026

11.19 City Council

AGENDA REPORT
DATE: 06/23/2026
AGENDA OF: 08/11/2026
DEPARTMENT: City Clerk
SUBJECT: Designation of Voting Delegate and Alternate to Attend the League of California Cities Annual Conference and Expo (CC)
LOCATION: Citywide
RECOMMENDATION: Motion to designate Councilmember Brunner as the voting delegate, and Councilmember Golder as the alternate, to attend the League of California Cities Annual Conference and Expo in Anaheim September 23-25, 2026.

BACKGROUND: This year’s League of California Cities (LOCC) Annual Conference and Expo is scheduled for Wednesday, September 23 through Friday, September 25, 2026, in Anaheim, California.

DISCUSSION: One very important aspect of the conference is the session to consider and take action on conference resolutions. This session is scheduled for Friday, September 25. Annual conference resolutions guide cities and the LOCC in their efforts to improve the quality, responsiveness, and vitality of local government in California. It is therefore important that all cities be represented. Although each member city has a right to cast one vote, at this time, the LOCC has asked that each city council designate a voting delegate and up to two alternates in the event that the voting delegate is unavailable so that proper records may be established.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: This is not a project under CEQA.

HEALTH IN ALL POLICIES (HiAP): By participating with other cities in efforts to improve the quality, responsiveness, and vitality of local governments in California, this action supports and advances the HiAP pillars of equity, public health and sustainability.

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: Funds have been budgeted to pay for City Council meeting/travel expenses.

12.1 Prepared By:

Bonnie Bush
City Clerk
Submitted By:

Michelle Templeton
Assistant City Manager
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. LEAGUE OF CALIFORNIA CITIES LETTER.PDF

12.2

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City Council

AGENDA REPORT
DATE: 07/22/2026
AGENDA OF: 08/11/2026
DEPARTMENT: Economic Development
SUBJECT: 2026-2031 Economic Development Strategy Budget Adjustment (ED) LOCATION: Citywide
RECOMMENDATION: Motion to adopt a resolution amending the Fiscal Year 2027 budget to appropriate $87,750 in the Economic Development Trust Fund (Fund 136) for the 2026-2031 Economic Development Strategy consultant contract.

BACKGROUND: The Office of Economic Development (ED) is nearing the conclusion of the 2021-2026 Economic Development Strategy (ED Strategy), which has served as the City’s primary roadmap for economic development activities. In April 2025, the City Council accepted a comprehensive ED Strategy update on the progress of the five-year ED Strategy, and City Council directed staff to incorporate several new strategies with a focus on Downtown retail attraction and activation of empty storefronts; placemaking and activation in Downtown to connect new development, the farmers market, and underutilized public spaces; and support for Midtown and Westside business improvement districts. Staff began implementation of these strategies in 2025 and plan to incorporate ongoing and new actions related to this work into the new ED Strategy.

DISCUSSION: The 2026-2031 ED Strategy will focus on the work of ED’s Business Services division with reference to goals and initiatives that are bolstered by the support of other divisions in Economic Development and the City Manager’s Office. Goals and initiatives identified in the ED Strategy will align with the City’s Strategic Plan, General Plan, and other relevant plans and policies.

The ED Strategy will include the following components:
 ED Strategy 2021-2026 Workplan Progress Analysis
 Economic Data Snapshot
 Industry Cluster Analysis
 Goals, Strategies, and Workplan
Staff released a Request for Proposals (RFP) in May 2026 to select a consultant to complete the required scope of work. ED received eleven responses to the RFP and, pending budget approval, intend to award the project to BAE Urban Economics, Inc. (BAE).

13.1 BAE has a strong track record of preparing economic development elements and strategic plans for cities and counties throughout California, including but not limited to: Santa Cruz County, Walnut Creek, Fairfield, San Ramon, Menlo Park, and South San Francisco. For this project, BAE is partnering with Greensfelder Real Estate Strategy (GRES), one of California’s leading retail consultancies. GRES’ Principal, David Greensfelder, brings hands-on retail development and downtown revitalization experience to the team. BAE was selected based on their experience in ED strategy development as well as GRES’s specialized expertise in retail and placemaking.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: The proposed City Council action is not a “project” under CEQA because the proposed budget amendment will not cause a direct or reasonably foreseeable indirect physical change in the environment. (See Public Resources Code § 21065 and 14 CCR § 15378(b) (“Project does not include . . . (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.”) HEALTH IN ALL POLICIES (HiAP): The strategies and actions in the ED Strategy align directly with the City's commitment to HiAP. The ED Strategy will guide the City’s work to support creation of communal spaces, business creation and expansion, and economic growth and prosperity of the community, all of which will enhance the quality of life for residents.

Moreover, the engagement of community members in the decision-making process to develop the ED Strategy ensures that their needs and perspectives are considered, leading to a more inclusive and healthier urban environment.

FISCAL IMPACT:

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

2. This recommendation requires a budget adjustment: Yes

3. The recommendation creates an on-going expenditure commitment: No FISCAL IMPACT DESCRIPTION: The ED Strategy was originally budgeted, in the amount of $90,000, in the Economic Development Trust Fund (Fund 136) in FY 2026. However, that appropriation was not spent due to the timing to complete the RFP and evaluation process which extended beyond the end of the fiscal year. Funding for the ED Strategy is a new appropriation, in the amount of $87,750, in the FY 2027 budget in the Economic Development Trust Fund (Fund 136). There is no impact to the General Fund.

Prepared By:

Sarah Domondon
Business Liaison
Rebecca Unitt
Economic Development
Manager
Submitted By:

Bonnie Lipscomb
Deputy City Manager
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. BAE ED STRATEGY PROPOSAL.PDF

2. BUDGET ADJUSTMENT.PDF

13.2 PROPOSAL TO PREPARE:

ECONOMIC DEVELOPMENT STRATEGY
Prepared for City of Santa Cruz
May 26, 2026
bae
urban economics

13.3 bae urban economics
Northern California Southern California Pacific Northwest Mid-Atlantic Southeast www.bae1.com
May 26, 2026
Sarah Domondon
Business Liaison
337 Locust St
Santa Cruz, CA 95060
Re: Proposal to Prepare Economic Development Strategy
Dear Ms. Domondon:

On behalf of BAE Urban Economics, Inc. (“BAE”), in association with Greensfelder Real Estate Strategy (“GRES”) we are pleased to submit this proposal to prepare an Economic Development Strategy for the City of Santa Cruz.

BAE is particularly well-suited for this engagement for several reasons. First, the firm is a longestablished, award-winning national consulting practice, headquartered in Berkeley with branch offices in Los Angeles, Sacramento, Atlanta, and Washington, DC. This extensive presence enables us to maintain leading-edge best practices in real estate and economic development strategies. Secondly, BAE has a strong track record of preparing economic development elements and strategic plans for cities and counties throughout California, including Santa Cruz County, Walnut Creek, Fairfield, San Ramon, Menlo Park, South San Francisco, Colma, Eureka, Pleasanton, Citrus Heights, Folsom, Sunnyvale, Chico, Milpitas, San Carlos and Vacaville. BAE’s partner for this engagement, GRES, is one of California’s leading retail consultancies and its Principal, David Greensfelder, brings “hands on” retail development and downtown revitalization experience to the team.

BAE was founded in Berkeley, California in 1986 and is a small and minority-owned business and we are certified as such by the State of California and other public agencies. We currently have 21 staff. We have been providing economic consulting services to our clients for the past 40 years with a reputation for excellence.

13.4 We would welcome the opportunity to help Santa Cruz achieve its economic development goals. Paul Peninger, Principal, will serve as the point of contact for this proposal and is authorized to negotiate and sign a contract on BAE’s behalf. He can be reached at [email protected] or 415-794-9014. BAE’s mailing address is 2030 Addison Street, Suite 640, Berkeley, CA 94704.

Sincerely,
Paul Peninger
Principal

13.5 Table of Contents
FIRM BACKGROUND INFORMATION................................................................ 2 FIRM QUALIFICATIONS, EXPERTISE, AND EXPERIENCE.............................. 4 TEAM QUALIFICATIONS, EXPERTISE, AND EXPERIENCE............................. 8 TECHNICAL APPROACH AND WORK PLAN..................................................... 9 COST PROPOSAL............................................................................................. 12 REFERENCES................................................................................................... 14 APPENDIX A: TEAM RESUMES ....................................................................... 15

13.6 2

FIRM BACKGROUND INFORMATION
A. Firm Information
Legal Name: BAE Urban Economics, Inc.

Address of Headquarters Office: 2030 Addison Street, Suite 640, Berkeley, California, 94704 Telephone Number of Principal Office: (510) 547-9380
B. Firm History
BAE Urban Economics, Inc. is an award-winning urban economics and real estate consultancy.

Since 1986, we have completed more than 2,800 client engagements for public agencies, nonprofit organizations, financial institutions, and real estate investors and developers. All of our work is led by seasoned professionals, who are responsible for project direction and quality control.

BAE’s services and practice areas include:
• Economic Development and Revitalization
• Market and Financial Feasibility Analyses
• Sustainable Development and TOD
• Economic and Demographic Analysis
• Development Advisory Services
• Affordable and Workforce Housing
• Fiscal and Economic Impact Analysis
• Public Finance
BAE’s passion about the “triple bottom-line” of sustainable economics, equity, and environment makes us unique among urban economists. We believe that there are practical solutions to urban issues which will achieve this triple bottom-line, and that consideration of environmental impacts and social benefits as well as financial returns result in the best value for our clients.

The BAE difference shows - we have earned more awards for excellence than any other firm in our field, our core staff has averaged more than 15 years each with the company, and our clients have retained us repeatedly over our 40-year history. BAE is also certified as an SBE/MBE/DBE by numerous public agencies.

C. Business Entity Status
BAE is a C Corporation registered in the State of California.

13.7 3
D. Project Terminations
BAE has not defaulted on the performance of an agreement or project during the last five (5) years.

E. Litigation and Bankruptcy
BAE has no pending litigation, liens or claims and has not filed for bankruptcy in the last ten years.

F. Environmental Practices
As one of our core principles around the “triple bottom line,” we create an environment and work products that support environmental sustainability. BAE has a long-standing policy of permitted working-from home to reduce vehicular trips (a pre-COVID pandemic policy). Each office practices recycling and purchasing recycled products. The firm supports cycling to work, and employees may store bicycles in the office. BAE offers commuter checks to encourage use of public transit. As part of this contract with the City of Santa Cruz, BAE will minimize printing of documents and will instead rely on electronic delivery of analyses and work products. With a local Bay Area presence, BAE can minimize our travel from out of state and can instead rely on local staff to attend in-person meetings, site visits, and any other in-person engagements.

13.8 4

FIRM QUALIFICATIONS, EXPERTISE,

AND EXPERIENCE
A. Firm Qualifications
BAE has worked on numerous Economic Development Strategies and related engagements for public sector clients across the United States We have a strong track record of successfully providing economic development, downtown revitalization and related services services for California jurisdictions. Examples of projects within the past five years are provided below.

Economic Development Plan Updates, 2021 and 2025
Client: City of San Carlos, CA
Scope of Services: Economic base profile, demographic profile, economic development strategy, business stakeholder outreach, Downtown revitalization Over the past several years, the City of San Carlos engaged BAE to prepare two updates to its Economic Development Strategy (EDS) which provides a road map for successive four-year periods. Traditionally a bedroom community on the San Francisco Peninsula, San Carlos has recently experienced significant new development, particularly for life-science uses. To ensure orderly and beneficial growth, the City has completed several planning initiatives including a General Plan Update, Northeast Area Specific Plan, and Eastside Innovation District Vision Plan, and it is currently completing a Downtown Specific Plan for its vibrant downtown.

Role: As part of these engagements, BAE worked closely with staff and the City’s Economic Development Advisory Commission to review and update prior goals, priorities, and actions in light of changes in development activity, the COVID-19 pandemic, and evolving economic conditions. BAE formulated a ranking methodology used by the EDAC to convey its priories to the City Council and public. BAE prepared a SWOT analysis of the City as a whole and its constituent business districts and tailored new priorities and actions to reflect new economic climate and new City strategic priorities. For the 2025 update, BAE prepared a demographic and economic profile of the City, including a location quotient analysis indicating components of San Mateo County economy that are considered “export” or “traded” sectors. The City Council adopted the latest update in for 2025-2028 in March 2025.

Link: https://cms3.revize.com/revize/sancarlos/FINAL%20San%20Carlos%202025- 2028%20EDP%203%2012%202025%20(2).pdf?t=202503261720490&t=202503261720490

13.9 5
Gateway/Maintain Street Specific Plan/Revitalization Strategy, 2024-25 (BAE & GRES) Client: City of Milpitas, CA
Scope of Services: Economic base profile, demographic profile, business stakeholder outreach, commercial revitalization strategy, community benefits strategy The City engaged BAE to conduct an analysis of the residential and commercial real estate markets as part of the planning process for the Gateway/Mainstreet Specific Plan. BAE prepared a detailed existing conditions evaluation of current demographic, economic, and real estate trends to determine support for new uses in the plan area with a focus on housing and retail. In association with Greensfelder Real Estate Strategy, BAE collaborated with City staff and the planning consultant team to create a retail strategy based on an assessment of parcel locations, traffic flows, and layouts along Main Street and Calaveras Boulevard/Serra Way. The strategy proposed the concept of a 'Crossroads' retail area and suggested flexible commercial uses for ground floor development outside of this area. This work also involved preparation of prototypical project pro formas that tested the financial feasibility of mixed-use projects on key sites. As part of this analysis, BAE examined the impact of factors such as development density, impact fees, parking arrangements, and community benefits on development feasibility.

Link: https://ascent.inc/wpcontent/uploads/2026/01/MilpitasGMS_SP_Adopted_2025_com.pdf Downtown Vacaville Downtown Specific Plan and Retail Revitalization Strategy, 2022 (BAE & GRES)
Client: City of Vacaville
Scope of Services: commercial market analysis; employment and industry profile; economic revitalization
BAE was the economics subconsultant for the Downtown Specific Plan (DTSP) in the City of Vacaville. The goal of the DTSP was to unlock Downtown’s full potential as a vibrant and walkable mixed-use destination, while also preserving the affordability and stability of existing downtown residents. The project builds upon Downtown’s unique history and setting to develop a framework that provides for a diversity of housing choices, enhances economic vitality by providing for a wide range of commercial and entertainment options, and promotes pedestrian, bicycle, and transit accessibility. BAE, in association with Greensfelder Real Estate Strategies, prepared a background economic and market profile, a residential anti-displacement strategy, a downtown retail revitalization strategy, a financial feasibility analysis for desired uses, and a district wide infrastructure financing strategy.

Link: https://www.cityofvacaville.gov/government/community-development/planning-anddevelopment/adopted-plans/specific-plans/downtown-specific-plan

13.10 6
Folsom Central Business District Vision Plan and Economic Development Strategy, 2024 Client: City of Folsom, CA
Scope of Services: economic development, commercial revitalization Folsom has an older central business district that was developed in the 1970s and 1980s with traditional auto-oriented shopping centers that have become functionally obsolete in a highly competitive retail environment. While the district’s occupancy remains high and the City continues to attract new affluent residents, the City desired to reposition this district to maintain and enhance its economic sustainability and meet its new housing production goals. As part of a multi-disciplinary planning team, BAE prepared a demographic, economic, and real estate market analysis. Based on the findings from this work and input from a Citizens Advisory Committee, BAE then formulated a revitalization and economic development strategy for the Master Plan that identified strategies to leverage the district’s many assets to promote new mixed uses including additional residential and new retail concepts. These strategies included branding and wayfinding, promotions and events programming, zoning modifications, public art programing, and establishing a business improvement district. The City Council adopted the Vision Plan in November 2024.

Link: https://www.folsom.ca.us/government/community-development/planning-services/centralbusiness-district Napa Riverline Revitalizaiton Strategy, 2025
Client: City of Napa, CA
Scope of Services: economic development, sustainability, community and stakeholder outreach, funding and financing strategies
Link: https://www.cityofnapa.org/m/newsflash/home/detail/931 The City of Napa undertook a strategic planning process for the Napa RiverLine, a proposed continuous waterfront trail intended to improve public access to the Napa River while serving as a catalyst for economic and community development. Existing riverfront trail segments were fragmented and deteriorated, limiting their ability to support recreation, tourism, and adjacent private investment. The RiverLine planning effort represented the culmination of years of visioning by the City to establish a cohesive design, financing, and implementation strategy for a signature riverfront amenity.

As part of a multidisciplinary consultant team, BAE Urban Economics led the economic analysis supporting the RiverLine Strategic Plan. BAE prepared a comprehensive existing conditions assessment, including demographic trends, regional and local economic conditions, and real

13.11 7
estate market dynamics, to establish the economic rationale for the project and document how enhanced riverfront access could strengthen the City’s economy.

BAE identified key economic development opportunities along the RiverLine corridor, including locations where trail investments could support tourism activity, increase commercial visibility, and encourage reinvestment in adjacent properties. To support implementation, BAE developed a detailed matrix of potential public and private funding sources and prepared an implementation blueprint outlining short-, medium-, and long-term actions needed to advance the project. BAE also prepared case studies of comparable riverfront trail investments nationwide, highlighting successful approaches to planning, governance, funding, and economic activation.

Throughout the process, BAE worked closely with City staff and a broad range of public and private stakeholders to integrate diverse perspectives into a cohesive, economically grounded strategy. The resulting Napa RiverLine Strategic Plan was recognized with a 2025 Award of Merit from the California Association for Local Economic Development, underscoring its effectiveness as an economic development–driven infrastructure plan B. Firm Organization
The Economic Development Strategy will be led by Paul Peninger, Principal, serving as Principal- in-Charge. Mr. Peninger will be responsible for all work products, workshops, and presentation preparations. Ms. Chelsea Guerrero, Vice President, will serve as Project Manager and lead the preparation of the Strategy. The BAE project team will also include Olivia El-Sadr Davis, Senior Associate, who will support the public meetings and assist report preparation as well as a BAE analyst providing demographic, economic and market analytical support.

GRES will support the retail aspects of the Strategy and David Greensfelder, Principal, will lead this effort.

C. Subconsultants
BAE proposed to partner with GRES to prepare this Strategy, building successful collaborations in diverse jurisdictions across California, including recently in Milpitas and Vacaville. Additional information regarding GRES and David Greensfelder is included in Appendix A below.

D. Services Provided to the City of Santa Cruz in Past Three Years Serving as a subconsultant to ELS Architecture, BAE worked on the Harvey West Pool Feasibility Study for the City of Santa Cruz in 2023-2024. This included a $14,00 task to evaluate market demand for aquatics facilities. This effort was led by Matt Kowta, managing principal, and not by members of the proposed project team.

13.12 8

TEAM QUALIFICATIONS, EXPERTISE,

AND EXPERIENCE
A. Project Team
The BAE Team offers Santa Cruz a set of professionals with deep experience in economic development, commercial revitalization and community and business stakeholder outreach.

Through our work in the Bay Area and nationally, BAE has observed and experienced the evolution of retail, technology, office, and industrial real estate and how tenant preferences (for both amenities and locations) have evolved. By bringing these qualifications and project experiences to Santa Cruz, the BAE Team is well positioned to deliver a Strategy that is informed by the market, reflects stakeholder input, and is formulated to have the highest probability of success.

B. Team Resumes
Key staff and subconsultant resumes are included as Appendix A at the end of this Proposal.

13.13 9

TECHNICAL APPROACH AND WORK
PLAN
BAE has carefully reviewed the City’s scope of work and incorporates it into this proposal with modifications to provide more detail as needed.

A. Technical Approach
As an initial task BAE proposes to meet with City staff to review the project objectives and realign the overall workplan, subtasks and outreach strategy as needed. This is a critical moment in the evolution of the Santa Cruz economy overall and in Downtown in particular, with the development of major mixed-use and public projects underway and new and existing businesses beginning to experience the benefits of increased visitation and foot traffic. At the same time, community concerns regarding traffic, quality of life, social equity and public safety demand both careful public outreach strategies, policies, and programs that are truly responsive to community and business needs. BAE will leverage our deep experience in both planning and economic development to tailor an approach that is responsive to the City’s unique needs and that is truly implementable.

B. Work Plan
Task 1: Project Initiation
The primary goal of this task will be to identify data requests and define an overall approach to working with the City, community and stakeholders to develop an Economic Development Strategy. For this task, BAE will convene a start-up meeting with City staff to review the scope of work, identify data needs, identify background documents for review, and confirm an overall schedule and work plan. The work plan will be geared to gathering stakeholder feedback through a series of meetings and two days of stakeholder meetings as further elaborated in subsequent tasks.

Project Start-Up Deliverables:
• Start-up Meeting Agenda
• Data Requests
• Refined Schedule and Work Plan
Task 2: Outreach Plan and Stakeholder Outreach
BAE proposes working with City staff to identify natural groupings of stakeholders to reduce the total number of separate meetings. BAE has found an efficient approach is to dedicate two full days to stakeholder interviews (45 minutes per group) that can be a combination of in-person and online meeting formats. Naturally, some stakeholders will not be available during the two

13.14 10
days, and for those separate arrangements can be made to collect input. The idea is to obtain as much input and feedback as possible and to keep the overall project schedule intact. For these meetings, BAE will work with staff to formulate general and specific questions to guide the interviews. BAE will prepare meeting notes to document the input and comments received.

Task 2 Deliverables:
• Stakeholder Outreach Plan
• Stakeholder Interview Guide
• Stakeholder Interview Notes
Task 3: Draft Economic Development Strategy and Existing Conditions Report/ The Building on findings from Task 2, the BAE Team will prepare an administrative draft Economic Development Strategy and Existing Conditions report for City staff review. After receiving receipt of the City’s consolidated comments, BAE will prepare a public draft for submittal and presentation. BAE will prepare a PowerPoint presentation that summarizes the Draft Strategy and existing condition report
Task 3: Deliverables:
• Draft and Final Existing Conditions Report with SWOT analyses • Draft Economic Development Strategy
Task 4: FINAL Economic Development Strategy
BAE will prepare final strategy for presentation to the Community and City Council. For each proposed policy and/or program, the BAE Team will indicate its potential impact, cost, and level of effort for implementation. The policies and programs will be grouped as themed priorities as developed from the stakeholder outreach and feedback from the City.

The Strategy document will be designed to be concise, easy to read, and graphically rich.

Task 4 Deliverables:
• Public Draft Strategy
• PowerPoint Strategy Summary Presentation
• City Council Presentation
Optional Task 6: Foot Traffic Patterns and Trends. Under this optional task, GRES will obtain Placer.ai cell phone data that can help give a clear understanding of the Downtown market area. This data can also give insights about when visits occur, dwell time, and historical patterns. From this data, the BAE Team will be able to evaluate levels and trends of traffic to select City’s retail districts and corridors. GRES will prepare an executive summary memorandum that summarizes findings from the foot traffic analysis.

13.15 11
Schedule
BAE reviewed the Preliminary Schedule provided in the RFP and finds that it is reasonable.

BAE will develop a refined schedule in collaboration with staff as part of Task 1.

13.16 12

COST PROPOSAL
BAE proposes to complete the scope of work on a fixed-fee basis. The proposed fixed fee for the above scope of work is $86,500 as detailed in the full cost proposal bull, broken down by staff person by hours per task. BAE reserves the right to re-allocate staff time as necessary to best meet project needs; however, in no event will the total project cost exceed the agreed-upon fixed fee budget unless the City authorizes additional scope and budget. Optional Task 5 would be a charged on a fixed-fee basis and would depend on updated Placer.ai charges, expected to be released in August 2026.

13.17 BAE Urban Economics, Inc.

Task Hours Budget Hours Budget Hours Budget Hours Budget Hours Budget CommentsTask 1: Initaiton 4 $1,280 8 $2,360 8 $1,840 0 $0 0 $0 $5,480 Per scope.Task 2: Stakeholder Outreach 16 $5,120 20 $5,900 24 $5,520 0 $0 8 $2,560 $19,100 Per scope.Task 3: Draft Strategy 16 $5,120 24 $7,080 38 $8,740 40 $5,000 36 $11,520 $37,460 Per scope.Task 4: Final Strategy 16 $5,120 36 $10,620 24 $5,520 0 $0 10 $3,200 $24,460 Per scope.

Total Labor - Subtasks 1-4 52 $16,640 88 $25,960 94 $21,620 40 $5,000 54 $17,280 $86,500Expenses BAE Mileage and Tolls $250 Included in onsite meetings budget.

Data $1,000 CoStar and Esri, as needed.

Total Expenses $1,250
Total Labor and Expenses $87,750
Paul Peninger,
PIC
Principal
Total Budget
Analyst David Greensfelder
GRES
Chelsea
Guerrero, Vice
President - PM
Olivia El SadrDavis, Senior
Associate

13.18 14

REFERENCES
San Carlos 2021-2024 & 2025-2028 Economic Development Plans (BAE) Adolfo Ruelas
Economic Development Coordinator
City of San Carlos
Email: [email protected]
(650) 801-2279 |
Vacaville Downtown Specific Plan and Retail Revitalization Strategy (BAE & GRES) Tyra Hayes
Senior Planner
City of Vacaville
650 Merchant Street
Vacaville, CA 95688
Email: [email protected]
(707) 449-5366
Milpitas Gateway/Main Street Specific Plan Retail Strategy (BAE and GRES) Mr. Jay Lee
Planning Director
City of Milpitas
Email: [email protected]
(408) 586-3279
Napa Riverline Revitalization Strategy
Brendan Hurley
Program Coordinator
City of Napa Community Development Department
Email: [email protected]
(707) 257-9310

13.19 15
APPENDIX A: TEAM RESUMES

13.20 16
Paul Peninger, MCP
Principal
[email protected]
Professional Experience
Paul is an urban economist and planner
specializing in real estate development
feasibility analysis, community economic
development and commercial
revitalization strategies.

Throughout his nearly 30-year career as a
consultant, teacher, policy advocate and
community development finance
professional, Paul has maintained a strong
commitment to building equitable and
sustainable communities and has
successfully led or participated in
hundreds of plans, strategies, policy
studies, and implementation projects in
diverse communities across the country.

Paul has led or participated in numerous
economic development strategies in
California and nationally, including
recently in the Los Angeles Area and the
Bay Area.

He has been an appointed lecturer in land
economics for the Master of Urban Design
program at the University of California,
Berkeley since 2002, and currently teaches
the core course on real estate economics
and market analysis for Berkeley's
graduate program in Real Estate
Development and Design (MRED+D).

A graduate of Merrill College at UC Santa
Cruz, Paul has worked extensively in Santa
Cruz County throughout his career on
economic development, affordable
housing, and sustainability strategies. As
part of this work, he has led numerous
public engagement efforts across the
county, reaching diverse audiences. He
has also lived and worked in Latin America
and is fluent in Spanish.

Education
Master of City Planning. University of California, Berkeley BA, Politics, University of California, Santa Cruz
Affiliations
Urban Land Institute | American Planning Association
LAI Land Economics Society
Teaching
Urban Economics, Department of City and Regional
Planning, UC Berkeley
Land Economics and Market Analysis, MRED+D Program
BAE Projects
Napa RiverLine Revitalizaiton Strategy
City of Napa, CA
Equitable Economic Development; Funding and
Financing Strategy; Sustainability and Resilience;
Community and Stakeholder Outreach
Saint Helena ULI Technical Assistance Panel
Saint-Helena, CA
Market Analysis; Commercial Corridor Revitalization;
Funding and Financing Strategies
Milpitas Gateway/Main Street Revitalization Strategy
City of Milpitas, CA
Economic Development; Commercial Revitalization;
Community Benefits Strategy
Treasure Island Interim Activation Strategy
San Francisco, CA
Retail Market Analysis; Best Practices; Stakeholder
Outreach
South Lake Tahoe Feasibility Analysis
City of South Lake Tahoe, CA
Retail, Lodging and Housing Market Feasibility; Pro
Forma Analysis

13.21 17
Professional Experience
Chelsea is BAE’s Director of Research, based in
BAE’s San Francisco Bay Area office, and brings
a strong background in research, data
analytics, and policy evaluation to BAE. With
expertise in econometric statistical modeling,
she specializes in complex quantitative
analyses to support BAE’s projects throughout
the nation.

Chelsea has extensive experience leveraging
complex datasets to conduct analyses to
support public planning, policy development,
and public decision-making. She has
prepared impact assessments to evaluate the
impacts from complex real estate
development projects, major long-range
plans, new policies, and land use changes.

She also has experience preparing financial
feasibility analyses to support negotiations for
new joint development projects and private
development projects seeking public benefit
density bonuses in the Bay Area. Her recent
housing-related work includes financial
feasibility testing of affordable housing impact
fees and potential inclusionary housing policy
options in the cities of Sunnyvale, San Leandro,
Atherton, Napa, and Menlo Park. She also
played a key role formulating recent citywide
economic development strategies in Milpitas,
San Carlos, and Sunnyvale.

Prior to joining BAE, Chelsea worked at the
Metropolitan Transportation Commission
(MTC) on its Regional Prosperity Plan, a threeyear regional planning initiative funded by the U.S. Department of Housing and Urban
Development (HUD).

Education
Master of City Planning, UC Berkeley
Bachelor of Arts, Political Economy and
Geography, UC Berkeley
BAE Projects
Milpitas General Plan Update
City of Milpitas, California
Market Study; Economic Development Element;
Fiscal Impact Analysis
San Rafael General Plan Update
City of San Rafael
Market Study; Fiscal Impact Analysis
Vallejo General Plan Update
City of Vallejo
Market Study; Fiscal Impact Analysis
Inclusionary Housing Feasibility Study
City of Napa
Inclusionary Housing Financial Feasibility Analysis;
Affordable Housing Policy
Menlo Park Community Benefits Evaluations
City of Menlo Park, California
Financial Feasibility Analysis & Community Benefits
Evaluations for Multiple Proposed Projects
(Residential/Mixed Use/Hotel) and Large Mixed-Use
Master Plan (Facebook Willow Village)
San Ramon Retail Strategy Update
City of San Ramon
Market Study; Financial Feasibility Testing; Fiscal
Impact Analysis
VTA Development Advisory Services
Santa Clara Valley Transportation Authority
Market Analysis; Developer Proposal Evaluations
Chelsea Guerrero, MCP
Director of Research
[email protected]

13.22 18
Professional Experience
Olivia El-Sadr Davis is an Associate in BAE’s
Berkeley office, and brings a background in
qualitative and quantitative research, geospatial
analysis, housing, and design.

Olivia provides research and analytical support
for BAE’s Northern California and Pacific
Northwest consulting assignments. Projects at
BAE have included economic development
strategies, real estate market studies, economic
background analysis for Specific Plans, affordable
housing investment strategies, and demographic
profiles for clients in the Bay Area, the Central
Valley, and the Pacific Northwest.

Prior to joining BAE, Olivia worked for the Terner
Center for Housing Innovation, where she
contributed to a landscape assessment of
California’s homelessness programs for the State
Legislature and Governor Newsom. For the study,
she focused on the Central Valley and Central
Coast, conducting stakeholder interviews with
local government leaders and service providers,
and synthesizing findings into written deliverables
for the statewide report. She also worked as a
Fellow focusing on housing tech at the Terner
Innovation Labs, an accelerator for early-stage
ventures focused on improving the housing
market and making it more affordable and fair.

As a graduate student, Olivia specialized in
affordable housing, community development,
and urban design, focusing her research on how
policy change impacts the built environment.

Education
Master of City Planning, UC Berkeley
Bachelor of Arts, Economics and Art History,
New York University
BAE Projects
Bay Area 2050+ Housing Needs & Revenue
Forecast
Association of Bay Area Governments (ABAG)
Affordable Housing Funding; Financing
Stakeholder Engagement
Downtown Market Study
City of Rohnert Park, California
Residential and Commercial Market Analysis;
Recommendations
Bliss Avenue Mixed-Use Residential Market
Study
City of Pittsburg, California
Market Analysis; Development Strategy
CSU East Bay Residential Market Analysis
California State University Real Estate Services
Real Estate Market Analysis; Economic and
Demographic Analysis; Housing Demand
Estimates
Napa RiverLine Economic Strategic Plan
City of Napa, California
Demographic/Economic Profile; Governance
and Funding Strategies; Community
Engagement
General Plan Update
City of Sonoma, California
Equitable Economic Development Strategies;
Recommendations; Community Engagement
Olivia El-Sadr Davis, MCP
Senior Associate
[email protected]

13.23 19
Professional Experience
William Saalsaa is an Analyst in BAE’s Berkeley
office, and brings a background in geospatial
analysis, housing, and land use.

Will provides research and analytical support for
BAE’s Northern California and Pacific Northwest
consulting assignments. Projects at BAE have
included fiscal impact analyses, real estate
market studies, economic background analysis
for general plans, and demographic profiles for
clients in the Bay Area, Southern California, and
the Pacific Northwest.

Prior to joining BAE, Will worked for Mintier Harnish,
where he helped prepare general plans, zoning
codes, and design standards for several
jurisdictions throughout California.

Will holds a bachelor’s degree in economics with
a minor in sustainability from the University of
Portland, where he specialized in environmental
economics and policy.

Education
Bachelor of Business Administration,
Economics, University of Portland
BAE Projects
General Plan Update
City of Los Altos, CA
Demographic/Economic Analysis, Real Estate
Market Analysis, Fiscal Conditions, Growth
Projections
Sites Reservoir Fiscal Impact Analysis
Colusa County, CA
Demographic Research, Geospatial Analysis
Vancouver Active Ground Floor Study
City of Vancouver, WA
Demographic/Economic Analysis, Real Estate
Market Analysis
Vancouver Historic Trust Redevelopment
Analysis
City of Vancouver, WA
Demographic/Economic Analysis, Real Estate
Market Analysis
UC Davis Apartment Survey
City of Davis, CA
Community Outreach, Data Collection,
Residential Market Analysis
William Saalsaa
Analyst
[email protected]

13.24 G REENSFELDER C OMMERCIAL R EAL E STATE LLC
S AN F RANCISCO B AY A REA | W ASHINGTON , DC
415.696.6767 | WWW . GREENSFELDER . NET

ABOUT G REENSFELDER R EAL ESTATE S TRATEGY
Greensfelder Real Estate Strategy (GRES) is a community design practice working across North America and internationally applying retail expertise to urban planning and economics projects. GRES defines a place-brand, and then translates that place-brand into master plans and strategies that talk about the consumer experience on the ground level. We always focus on practical solutions and implementation, and to that end, GRES pioneered Retail Resilience™, a quadruple bottom-line discipline for creating lasting commercial vitality, and dynamic, flexible, and adaptable strategies and recommendations for clients that range from communities to owners to retailers.

GRES has expertise in all manner of place-based projects including master plans, economic development plans, mall redevelopment, downtown and corridor plans, retail trends, best practices for incorporating retail into mixed-use projects, retail attraction, complete sidewalks, and development and redevelopment strategy and implementation. Significant assignments include the Downtown Los Angeles Civic Center Master Plan, the Downtown Albuquerque Redevelopment Plan, repositioning programs for “dead” malls such as Cupertino’s 1.4MM SF Vallco Fashion Square, Retail Trends and Domestic Exports Strategy for the State of Maine’s Department of Economic and Community Development, developing comprehensive retail and economic development strategies for San Jose, California Citywide and Downtown Retail Studies (winner of the APA California Northern Section 2020 Urban Design Award of Excellence), Boulder, Colorado’s Citywide Retail Strategy, five large-scale infill redevelopment projects in Honolulu, Hawaii, market strategies for retailers and REITs, and mixed-use and land-use planning and entitlement consulting. More information is available at www.greensfelder.net.

ABOUT D AVID G REENSFELDER
Founder and Managing Principal David Greensfelder, a nationally recognized retail thought leader and strategist, was named a Top Retail Influencer by GlobeStreet in 2024 and 2021. David is a specialist in analyzing the impacts of emerging retail trends and competing retail channels on bricks-and-mortar retail, economic development and redevelopment planning, understanding retail opportunities by applying behavioral economics to planning and community design strategies (including differentiating between commodity and specialty retail). David recently authored the Market Analysis chapter for Building Small – A Handbook for Real Estate Entrepreneurs, Civic Leaders, and Great Communities (ULI, 2021), the Retail Revolution and Retrofit chapter for Brownfields and Economic Development (McFarland, April, 2021), and the Retail and Last Mile narrative in ULI-pwc’s Emerging Trends in Real Estate where he discussed how influencers, platforms, an evolving landlord-tenant relationship, a new equilibrium between retail and other product types is reshaping the retail landscape, and how the “last mile” is the least understood and biggest force impacting all product types. David serves on National Academy of Sciences NCHRP research panels as an urban economics and last-mile expert including a current study on Last Mile Implications for 21st Century Communities’ Land Use, Design, and Transportation Systems. David has driven more than 350 development projects spanning over 10 million SF and a finish market value estimated at over $2 billion.

David frequently lectures at UC Berkeley’s Fisher Center for Real Estate and Urban Economics and MRED+D programs (where he is a Distinguished Visiting Fellow), the Haas Graduate School of Business, at USC’s Lusk Center for Real Estate Development, and teaches ULI’s Mixed-use Development Best Practices Professional Development program. He is a Director of Satellite Affordable Housing Associates and the Center for Creative Land Recycling, is an active ULI member (Urban Revitalization Council, Advisory Services, Education programs, and UrbanPlan and UP4PO steering committee, instructor, and trainer), and ICSC’s P3 National Steering Committee. David graduated from Pitzer College (The Claremont Colleges) with a degree in Business Economics, and the SciARC Foundation Program.

13.25 City of Santa Cruz

BUDGET ADJUSTMENT REQUEST
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08/11/2026
Appropriate funds, in the amount of, $87,750, in the Economic Development Trust Fund (Fund 136) for the 2026-2031 Economic Development Strategy consultant contract
0 136-10-05-5590-52151 N/A Program services 87,750
87,750
-87,750
Jennifer
Shelton
Digitally signed by
Jennifer Shelton
Date: 2026.07.21
06:36:19 -07'00'
Kathryn
L. Mintz
Digitally signed by
Kathryn L. Mintz
Date: 2026.07.21
14:36:08 -07'00'
Emily
Burton
Digitally signed
by Emily Burton
Date: 2026.07.23
10:19:44 -07'00'
Elizabet
h Cabell
Digitally signed by
Elizabeth Cabell
Date: 2026.07.27
08:10:36 -07'00' 13.26
City Council

AGENDA REPORT
DATE: 07/23/2026
AGENDA OF: 08/11/2026
DEPARTMENT: Economic Development
SUBJECT: Resolution of Support for Designation of the City’s Eligible Census Tract to be Considered for Inclusion as an Opportunity Zone in the Opportunity Zone 2.0 Program (ED)
LOCATION: District 4
RECOMMENDATION: Motion to adopt a resolution authorizing submission of a local authority recommendation form requesting that Census Tract 06087101002 be considered by the State of California for Opportunity Zone designation in the Opportunity Zone 2.0 Program.

BACKGROUND: The Opportunity Zone program was established in 2017 through the Tax Cuts and Jobs Act to encourage long-term private investment in economically distressed communities through federal tax incentives for investments in designated census tracts. The Opportunity Zone tax incentive can support a wide range of investments, including commercial and industrial real estate, housing, infrastructure, and both existing and start-up businesses.

The Opportunity Zone program was updated by Congress in 2025 to tighten the income eligibility threshold for eligible census tracts and to make it a permanent program that operates on a rolling 10-year cycle. Governors must nominate Qualified Opportunity Zones every decade.

The California Governor’s Office of Business and Economic Development (GO-Biz) initiated a formal process to accept applications from local jurisdictions to recommend additional Opportunity Zone designations under the updated program. The State is expected to release a draft list of recommended census tracts for public comment in August 2026, with final nominations submitted to the U.S. Department of the Treasury by September 28, 2026. Final Opportunity Zone designations are expected to be certified by the U.S. Treasury and become effective January 1, 2027.

DISCUSSION: The City Office of Economic Development prepared and submitted an application to GO-Biz recommending Opportunity Zone designation of Census Tract 06087101002. It is the only eligible tract in the City under the Opportunity Zone 2.0 criteria and includes a significant portion of Downtown Santa Cruz, including the Downtown Plan Expansion Area, surrounding commercial district, beach flats area and the Wharf.

The tract represents one of the City's highest-priority locations for future growth and investment, with extensive planning, environmental review, and infrastructure planning completed to

14.1 position the area for new housing, employment, economic activity, and visitor-serving opportunities. The Downtown Plan Expansion and Final Environmental Impact Report provide an approved framework for future development, including increased housing capacity, mixed-use development, enhanced connectivity between downtown and the beach area, and improvements to the public realm. The tract also contains a substantial pipeline of completed, underconstruction, and shovel-ready public and private projects that will support continued investment and economic activity. Major projects include the Downtown Library Affordable Housing Project and childcare center, Pacific Station North and South, the permanent Santa Cruz Warriors arena, the Cruz Hotel, and the new METRO Station. Pacific Station South is also expected to provide expanded healthcare access through planned tenants, including Dientes Community Dental Care and the Santa Cruz Women's Health Center. Together, these projects will support housing production, childcare, healthcare access, hospitality, tourism, professional services, recreation, technology, and the creative economy.

The area has also benefited from significant public investment to create the infrastructure necessary to support future development. More than $190 million in committed public funding has been secured over the last 3-5 years for projects within the tract, including stormwater infrastructure and downtown transportation infrastructure improvements, the Coastal Rail Trail, Santa Cruz Wharf resilience and rehabilitation projects, San Lorenzo River levee pedestrian and bicycle improvements, shoreline resilience planning, and broadband infrastructure serving downtown. The City has also established an Enhanced Infrastructure Financing District (EIFD) to help fund additional public infrastructure improvements and further encourage investment within the Downtown Plan Expansion area.

The Opportunity Zone designation would complement these existing efforts by providing an additional incentive for private investment in an area that has already been strategically planned and positioned for growth. While the designation does not provide direct funding, it may improve the competitiveness of the tract for equity investments in housing, commercial, mixeduse, hospitality, and employment-generating projects by providing federal tax incentives to qualified investors. Given the City's adopted planning framework, significant public investments, infrastructure improvements, and robust development pipeline, Census Tract 06087101002 is well positioned to leverage the Opportunity Zone designation to attract additional private capital, accelerate implementation of planned projects, create jobs, expand housing opportunities, and strengthen the local economy.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: The proposed Council 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). The proposed resolution supports designation of Census Tract 06087101002 as an Opportunity Zone and does not approve any specific development project or physical improvements. Future development proposals within the designated area will be subject to applicable planning, permitting, and CEQA requirements.

HEALTH IN ALL POLICIES (HiAP): The proposed Opportunity Zone designation supports the City's Health in All Policies framework by encouraging investment in projects that improve access to housing, childcare, healthcare, and active transportation. Planned development within the recommended Census Tract includes new affordable housing, a childcare center and public

14.2 parking as part of the Downtown Library Affordable Housing Project, and healthcare services through the planned Pacific Station South development.

The Census Tract also includes significant investments in pedestrian and bicycle infrastructure, including the Coastal Rail Trail and San Lorenzo River levee improvements. These projects improve connectivity between downtown, neighborhoods, and the beach area, creating a more walkable and bikeable environment that encourages active transportation, reduces vehicle trips, and supports healthier lifestyles while improving access to employment, services, and recreation.

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 direct fiscal impact from the proposed Council action. Opportunity Zone designation does not provide direct funding to the City or guarantee private investment. However, the designation has the potential to attract investments that may result in additional sales tax, property tax, and admissions tax that will expand the City's long-term tax base.

Prepared By:

Josephine Buchanan
Economic Development
Coordinator II
Submitted By:

Bonnie Lipscomb
Deputy City Manager
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. RESOLUTION.DOCX

2. CENSUS TRACT 06087101002 AREA MAP.PNG

14.3 RESOLUTION NO. NS-XX,XXX

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

SUBMISSION OF LOCAL AUTHORITY RECOMMENDATION FORM REQUESTING THAT CENSUS TRACT 06087101002 BE CONSIDERED BY THE STATE OF

CALIFORNIA FOR OPPORTUNITY ZONE DESIGNATION
WHEREAS, Congress established the federal Opportunity Zone 2.0 Program in 2025 by making the previously temporary Opportunity Zone Program permanent and authorizing governors to nominate eligible census tracts as Qualified Opportunity Zones on a rolling 10-year cycle; and
WHEREAS, Opportunity Zone designation is intended to encourage long-term private investment in economically distressed communities through federal tax incentives; and WHEREAS, California may nominate up to 618 of its 2,469 eligible census tracts as Qualified Opportunity Zones, one of which is located within the City of Santa Cruz; and WHEREAS, the City of Santa Cruz recommends designation of Census Tract 06087101002 because Opportunity Zone designation decisions will affect investment patterns, housing opportunities, infrastructure priorities, and economic development prospects; and WHEREAS, Census Tract 06087101002 includes a majority of Downtown Santa Cruz, including the Downtown Plan Expansion area and fully formed Santa Cruz Enhanced Infrastructure Financing District, and the Santa Cruz Wharf and Beach area, all of which serve and promote expansion of commerce, employment, housing, tourism, and community and economic vitality; and
WHEREAS, this census tract includes an extensive pipeline of proposed public and private investments paired with land use and environmental approvals to allow the creation of 1,600 plus housing units, a permanent Santa Cruz Warriors arena, the Downtown Library Affordable Housing project and childcare center, the Pacific Station North affordable housing project and new METRO transit center and Pacific Station South affordable housing project with planned low-income healthcare providers, and the entitled Cruz Hotel; and
WHEREAS, this census tract is primed for major public investments including the Coastal Rail Trail, the Wharf Master Plan public amenities and visitor-serving enhancements, storm water improvements enabling additional investment, river levee pedestrian and bicycle improvements and beautification, and broadband infrastructure serving downtown; and WHEREAS, Census Tract 06087101002 is currently designated under the original Opportunity Zone program, making redesignation important for continuity, investor familiarity, and the ability to translate designation into visible long and near-term community reinvestment; and

14.4 RESOLUTION NO. NS-XX,XXX
WHEREAS, designation would provide an additional federal investment tool to support locally desired outcomes, including housing production, redevelopment of underutilized properties, commercial revitalization, infrastructure investment, tourism and outdoor recreation, workforce development, and climate resilience.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Cruz that the City Council recommends designation of Census Tract 06087101002 in the Opportunity Zone 2.0 Program and authorizes staff to submit a Local Authority Recommendation Form, requesting that Census Tract 06087101002 be considered by the State of California for Opportunity Zone designation. .

PASSED AND ADOPTED this 11th day of August, 2026 by the following vote:

AYES:

NOES:

ABSENT:

DISQUALIFIED:

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

14.5 14.6
Brittany Inclan
From: Judi Grunstra <[email protected]>
Sent: Sunday, August 9, 2026 1:13 AM
To: City Council
Subject: Consent agenda 14
Dear Mayor and Councilmembers:

Please pull item 14 from the consent agenda and discuss this further.

The public needs to have a clearer picture of what it could mean for this very large census tract to be declared an Opportunity Zone, beyond the benevolent sounding language in the staff report.

Perhaps postpone this to a future meeting, after a more detailed explanation is presented.

Thank you.

Judi Grunstra

14.7 City Council

AGENDA REPORT
DATE: 07/22/2026
AGENDA OF: 08/11/2026
DEPARTMENT: Finance
SUBJECT: Liability Claims Filed Against the City of Santa Cruz (FN) RECOMMENDATION: Motion to reject the liability claims of 1) Mathew D. Sheldon, 2) Michael John Deuschel, 3) Juan Carlos Valencia, 4) Joshua S. Grant, and 5) Nathan Escalante, and to return as late the claim of 6) Jose Noel Hinojosa, based on staff recommendation.

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

1. Claimant: Mathew D. Sheldon
Date of occurrence: 3/18/2026
Date of claim: 6/11/2026
Amount of claim: Unspecified
Claimant seeks damages related to alleged violations of his civil rights by SCPD.

Self-Represented

2. Claimant: Michael John Deuschel
Date of occurrence: 2/2/2026
Date of claim: 6/11/2026
Amount of claim: Unspecified
Claimant seeks damages related to alleged violations of his civil rights by SCPD, the County of Santa Cruz, the Santa Cruz County Court, and Dominican Hospital.

Self-Represented

15.1 3. Claimant: Juan Carlos Valencia
Date of occurrence: 6/8/2026
Date of claim: 6/16/2026
Amount of claim: $400.00
Claimant seeks reimbursement for damage to his vehicle window.

Self-Represented

4. Claimant: Joshua S. Grant
Date of occurrence: 1/15/2026
Date of claim: 7/7/2026
Amount of claim: $811.74
Claimant seeks reimbursement for damage to his vehicle and tire damage allegedly caused by a steel plate in the unincorporated area of Santa Cruz County.

Self-Represented

5. Claimant: Nathan Escalante
Date of occurrence: 1/30/2026
Date of claim: 7/1/2026
Amount of claim: Unlimited
Claimant seeks damages for injuries allegedly sustained in a motorcycle accident involving a third party.

Represented by Legal Counsel
II. Claim to be returned as late:

6. Claimant: Jose Noel Hinojosa
Date of occurrence: 4/21/2023
Date of claim: 7/1/2026
Amount of claim: $300.000.00
Claimant seeks damages allegedly resulting from police action.

Self-Represented
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: N/A HEALTH IN ALL POLICIES (HiAP): N/A
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

15.2 FISCAL IMPACT DESCRIPTION: No fiscal impact.

Prepared By:

Ross Brandon
Risk & Safety Manager
Submitted By:

Elizabeth Cabell
Finance Director
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

None.

15.3 City Council

AGENDA REPORT
DATE: 07/22/2026
AGENDA OF: 08/11/2026
DEPARTMENT: Parks and Recreation
SUBJECT: Civic Auditorium – Handrail Project (c302422) – Notice of Completion (PR)
LOCATION: District 4
RECOMMENDATION: Motion to accept the work of Selway Construction, Inc. (San Jose, CA) as completed per the plans and specifications and authorize the filing of the Notice of Completion for Civic Auditorium - Handrail Project (c302422).

BACKGROUND: On June 10, 2025, Council authorized and directed the City Manager to advertise for bids and award the contract for the Civic Auditorium – Handrail Project.

On October 14, 2025, the project was awarded to the lowest responsive and responsible bidder Selway Construction, Inc. (San Jose, CA) in the amount of $63,800.00 (including 10% contingency).

The project included the installation of handrails throughout the Civic Auditorium on the existing stair aisleways.

DISCUSSION: The project has been inspected by Public Works and Building Department staff and found to be constructed in accordance with the plans and specifications.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: On June 10, 2025, the project was deemed exempt from CEQA pursuant to the Class 1 Categorical Exemption (14 CCR § 15301) and the Common Sense Exemption (14 CCR § 15061(b)(3)).

Acceptance of the work and the filing of a Notice of Completion is a an administrative step within the scope of the approved, exempt project and will not result in any physical changes to the environment or expand the scope of use beyond what was originally evaluated.

HEALTH IN ALL POLICIES (HiAP): Completion of this scope of work aligns with the following City Health in All Policies Conditions: Health and Wellness, Thriving Families, Community Connectedness, and Healthy Environments.

The work allows for safe and successful access to the Civic Auditorium, offering patrons greater use of the facilities for gatherings, recreational activities, and public meetings.

16.1 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: The Civic Auditorium – Handrail Project (c302422) was funded by a Community Development Block Grant (CDBG) and was completed within budget.

Consequently, there is no impact on the General Fund.

Prepared By:

BJ Dericco
Engineering Associate
Submitted By:

Tony Elliot
Director of Parks and
Recreation
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. NOTICE OF COMPLETION - CIVIC HANDRAIL PROJECT FORM.PDF

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

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

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

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

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

2. Project Title and Number. The full name of the work of improvement/public works project (the “Project”) which is the subject of this Notice of Completion is: Civic Auditorium – Handrail Project c302422

3. Nature of Work Performed on the Property or Materials Furnished for the City. The Project consisted of work described as: Installation of new handrails.

4. The general site location description or address (the “Property”) of the public improvement is located at: 307 Church St., Santa Cruz, CA, 65060

5. Name and Address of Contractor. The Contractor on the Project is: Selway Construction, Inc. 728 Charcot Ave., San Jose, CA, 95131

6. Construction Lender. The name and address of the construction lender, if any, is: Swiss Re Corporate Solutions America Insurance Corporation

7. Date of Completion. The Project on the Property was completed on: August 11, 2026

8. The filing of this Notice of Completion was authorized by the Santa Cruz City Council Minute Order on Tuesday, August 11, 2026
DATE: ___________________
Tony Elliot
Director of Parks & Recreation, City of
Santa Cruz
RECORDED AT THE REQUEST OF:

City of Santa Cruz, Parks and Recreation
Attn: BJ Dericco
WHEN RECORDED MAIL TO:

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

16.3 Notice of Completion (Revised Oct 2021)

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

Executed on ____________________at Santa Cruz, CA
Tony Elliot
Director of Parks & Recreation, City of
Santa Cruz

16.4 Notice of Completion (Revised Oct 2021) 16.5
Notice of Completion (Revised Oct 2021)

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

Direct Contractor: Selway Construction, Inc.
728 Charcot Ave., San Jose, CA, 95131
☒ REGISTERED, CERTIFIED, OR EXPRESS MAIL: by placing the Notice in a sealed envelope with postage fully prepaid and depositing the envelope in the United States mail by registered, certified, or express mail. Documentation of such service is attached herein. ☐ OVERNIGHT DELIVERY: by causing the Notice to be picked up for overnight delivery by an express service carrier. Documentation of such service is attached herein. ☐ PERSONAL DELIVERY: by causing the Notice to be personally delivered to each of the addresses above stated on the date below.
☐ CODE OF CIV. PROC. § 415.20: by leaving the Notice and mailing a copy of the Notice in the manner provided under California Code of Civil Procedure § 415.20 for service of a summons and complaint in a civil action.

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

Executed on Click here to enter a date., at Santa Cruz, California.

BJ Dericco

16.6 City Council

AGENDA REPORT
DATE: 07/22/2026
AGENDA OF: 08/11/2026
DEPARTMENT: Parks and Recreation
SUBJECT: Award Contract for Poet's Park Playground Improvement Project (c302603) (PR)
LOCATION: District 4
RECOMMENDATION: Motion to:
1) Approve the plan and design of the Poet’s Park Playground Improvement Project (c302603), as shown in the attachment, POET'S PARK PLAYGROUND-OPTION 2.PDF; 2) Award the Poet's Park Playground equipment and installation contract to Ross Recreation Equipment (Santa Rosa, CA) in the amount of $130,195.63, and Authorize the City Manager to execute the contract in a form approved by the City Attorney; 3) Authorize the Parks and Recreation Director to execute change orders within the project budget, including potential modifications of the approved plan and design; and 4) Adopt a finding of exemption from CEQA pursuant to CEQA Guidelines Section 15061 (Common Sense Exemption) and the following categorical exemptions: CEQA Guidelines Section 15301 (Existing Facilities); Section 15302 (Replacement or Reconstruction); Section 15303 (New Construction or Conversion of New Structures); and Section 15304 (Minor Alterations of Land).

BACKGROUND: Included in the FY2026 Capital Improvement Program budget, Poet's Park Playground Improvement Project (c302603) will replace the existing playground equipment and poured-in-place safety surfacing with new play equipment serving children ages 2-12, along with updated site furnishings and accessibility improvements. The work will address aging infrastructure and bring the playground into alignment with current Americans with Disabilities Act (ADA), American Society for Testing and Materials (ASTM), and Consumer Product Safety Commission (CPSC) standards.

The layout of design and equipment was based on two community meetings held on June 20th and July 1st where staff heard feedback from nearby residents and park users. Feedback included commentary on design and the need to provide play opportunities for a range of ages. Staff consolidated the community feedback along with accessibility needs and required safety

17.1 standards and provided direction to the contracted playground design team, Ross Recreation, to develop a design and layout that met the specifications. The attached design, Poets’ Park Playground- Option 2, is the proposed project recommended for approval.

DISCUSSION: Section 3.08.170 of the Municipal Code allows the City to purchase through cooperative purchasing agreements when it is in the City's best interest. The City will use the NPP.Gov cooperative purchasing contract for Landscape Structures equipment through Ross Recreation Equipment. The $130,195.63 contract includes demolition, purchase of playground equipment for children ages 2-12, installation, approximately 875 square feet of poured-in-place rubber surfacing, site furnishings, temporary fencing, freight, taxes, and required bonds. Staff recommend awarding the contract so the project may proceed.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION: The project is exempt from CEQA under CEQA Guidelines Section 15061 (Common Sense Exemption); Section 15301, Existing Facilities (Class 1 Exemption); Section 15302, Replacement or Reconstruction (Class 2 Exemption); Section 15303, New Construction or Conversion of New Structures (Class 3 Exemption); and Section 15304, Minor Alterations of Land (Class 4 Exemption). It can be seen with certainty that there is no possibility that the project may have a significant effect on the environment. The project consists of replacement and reconstruction of existing playground facilities at the same site and for the same purpose, with a negligible expansion of use. None of the exceptions to exemptions listed in CEQA Guidelines Section 15300.2 apply.

HEALTH IN ALL POLICIES (HiAP): The project implements Health in All Policies by supporting health and wellness, community connectedness, accessibility, and equity, while also addressing deferred maintenance and safety. The project aligns with Parks Master Plan 2030 goals and policies related to creating unique and interesting play structures, distributing them equitably throughout the City, and ensuring they are safe and accessible.

FISCAL IMPACT:

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

2. This recommendation requires a budget adjustment: Yes

3. The recommendation creates an on-going expenditure commitment: No FISCAL IMPACT DESCRIPTION: The Poet's Park Playground Project (c302603) budget which included $125,000 of Southwest Quimby Funds was approved by Council as part of the FY 2026 Capital Improvement Program. The proposed contract amount is $130,195.63. The remaining $5,195.63 will be funded by reallocating money from the Riverside Gardens Parks Pathway project (c302405). The required administrative budget adjustment for this is currently being processed.

Prepared By:

Mike Godsy
Superintendent of Parks
Submitted By:

Tony Elliot
Director of Parks and
Recreation
Approved By:

Matt Huffaker
City Manager
ATTACHMENTS:

1. DRAFT COOPERATIVE PURCHASING AGREEMENT.PDF

2. POET'S PARK PLAYGROUND-OPTION 2.PDF

17.2 City of Santa Cruz Cooperative Purchase Agreement

Page 1 ends

COOPERATIVE PURCHASE AGREEMENT
THIS COOPERATIVE PURCHASE AGREEMENT (“Agreement”) is entered into as of __________________, 2026 (the “Effective Date”) between the City of Santa Cruz (“City”) and Ross Recreation Equipment Company, Inc. (“Vendor”) (collectively “Parties”) in order to incorporate a piggyback contract between Vendor and League of Oregon Cities (“Original Entity”), entitled Park, Playground, and Recreation Equipment Solicitation No. 2060, and dated March 22, 2021.

RECITALS
WHEREAS, the City wishes to obtain services relating to the Grant Street Park Playground Renovation project (the “Services”) in a cost-effective manner, as defined and described in the Scope of Work, attached hereto as Exhibit A and incorporated herein by reference (“Scope of Work”).

WHEREAS, Original Entity published its Notice Inviting Bids for Park, Playground, and Recreation Equipment in accordance with Government Code Section 6066 and Public Contract Code Section 20112 (“Original Entity Notice”) concerning the same Services; WHEREAS, Vendor submitted a Bid Proposal to the Original Entity Notice; WHEREAS, Original Entity selected Vendor based on Vendor’s Bid Proposal and Original Entity awarded the agreement on March 15, 2021 to Vendor (“Vendor Agreement”). The Vendor Agreement, incorporating Vendor’s Bid Proposal by reference, is attached hereto as Exhibit B and incorporated herein by reference; WHEREAS, the Vendor Agreement contains a “piggyback” cooperative provision, permitting the City to utilize the Vendor Agreement to purchase the Services;
WHEREAS, the City has determined that it is in its best interests to piggyback on the same terms as provided via the Vendor Agreement; and
WHEREAS, Vendor wishes to provide the City with the Scope of Work, pursuant to the terms and conditions of the Vendor Agreement, with appropriate modifications to address that the Agreement is with the City.

AGREEMENT
NOW, THEREFORE, in consideration of each other’s mutual promises, and incorporating the above Recitals, the Parties hereto agree as follows:

SECTION 1: INCORPORATION OF DOCUMENTS

1. This Agreement fully incorporates by this reference the following documents:
a. Scope of Work, attached hereto as Exhibit A.
b. The Vendor Agreement, attached hereto as Exhibit B, but as modified by subpart 2 below. c. The City’s standard Terms and Conditions of Purchase (the “Terms and Conditions”), attached hereto as Exhibit C.

2. This Agreement makes the following modifications to the Vendor Agreement:
a. All references to “League of Oregon Cities,” “LOC,” “Purchaser” or the Original Entity in the Purchasing Agreement shall mean and refer to the City for purposes of this Agreement except Article II, section 1.9, where League of Oregon Cities is defined as the Lead Contracting Agency. All references to the Original Entity as a corporation in the Purchasing Agreement are to be replaced with references to the City as a California Charter City. b. Article 5 – Insurance, is replaced with Section 6: Insurance, below.

17.3 City of Santa Cruz Cooperative Purchase Agreement

Page 2 ends

c. Article 6 – Indemnification and Hold Harmless is modified such that the language of 6.2 is replaced with the following: LIMITATION OF LIABILITY: except for the indemnification obligations and except where caused by the gross negligence or willful misconduct of VENDOR, its officers, employees, agents or anyone on VENDOR’s behalf IN NO EVENT

SHALL EITHER PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL,

CONSEQUENTIAL OR EXEMPLARY DAMAGES IN CONNECTION WITH OR

ARISING OUT OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO,

DAMAGES FOR INJURIES TO PERSONS OR TO PROPERTY OR LOSS OF PROFITS

OR LOSS OF FUTURE BUSINESS OR REPUTATION, WHETHER BASED ON TORT OR

BREACH OF CONTRACT OR OTHER BASIS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
d. Article 15 – Notices is replaced with Section 8: Miscellaneous Provisions, subsection (3) Notices, below.

SECTION 2: SCOPE OF WORK
Vendor will furnish the Scope of Work, as further defined and described in the attached hereto as Exhibit A. Any change to the Scope of Work, including compensation in excess of the Total Maximum Cost, shall be made with the prior written approval of City and Vendor.

SECTION 3: PRECEDENCE
To the extent any term or condition of this Agreement is inconsistent with the Vendor Agreement or any of the other exhibits hereto, the terms and conditions of this Agreement shall have priority and control, in particular the Scope of Work (Section 1), payment (Section 4), venue and jurisdiction (Section 8, 4), insurance (Section 6), and indemnification (Section 7) provisions in this Agreement which shall control over all other contradictory provisions. The order of control is: (1) this Agreement, (2) the Terms and Conditions, (3) the Exhibit A Statement of Work, and then (4) the Vendor Agreement.

SECTION 4: PRICING AND PAYMENT
Vendor hereby acknowledges and certifies that the prices indicated herein and in the referenced documents are the prices indicated and/or authorized in the Vendor Agreement.

The total not-to-exceed cost for this Agreement shall not exceed two hundred and eighty eight thousand nine hundred and ninety one dollars and forty seven cents ($288,991.47) (the “Total Maximum Cost”). The Total Maximum Cost consists of the costs for all services rendered by Vendor in the performance of the Scope of Work, as identified in Exhibit A.

For Services actually rendered, the City will pay all undisputed sums properly invoiced and on a form acceptable to the City, within thirty (30) days based on itemized invoices from the Vendor listing actual costs and expenses.

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.

All invoices shall contain the following affidavit signed by Vendor (if individual) or by an authorized representative of Vendor’s firm (if Vendor is an entity):

17.4 City of Santa Cruz Cooperative Purchase Agreement

Page 3 ends

"I hereby certify [or an authorized representative of Vendor] 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."
SECTION 5: TERM AND SCHEDULE
The term of this Agreement shall be on the effective date of this Agreement and terminating upon completion of the Scope of Work. Vendor shall begin work as specified in a written authorization (e.g., Notice to Proceed).

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

SECTION 6: INSURANCE
Prior to the beginning of and throughout the duration of the Agreement, Vendor will maintain and comply with the Insurance Requirements as set forth in Exhibit D. Vendor 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 Vendor.

SECTION 7: INDEMNIFICATION
Vendor 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”) arising in any way related to the obligations or performance of this Agreement by Vendor, Vendor’s officers, employees, agents, or subcontractors in any way related to this Agreement. Vendor’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. The obligation to defend shall arise regardless of any claim or assertion that Indemnitees caused or contributed to the Losses.

The obligations of the Vendor under this Section shall survive expiration or termination of the Agreement to the fullest extent permitted by law.

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

SECTION 8: MISCELLANEOUS PROVISIONS

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

2. 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, Vendor agrees to comply with the requirements of the Living Wage ordinance as provided in Santa Cruz Municipal Code Chapter 5.10.

3. 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

17.5 City of Santa Cruz Cooperative Purchase Agreement

Page 4 ends

(written or oral), the terms of this Agreement shall control.

4. Venue and Jurisdiction. This Agreement shall be governed by and interpreted in accordance with California law. Any action or proceeding to enforce this Agreement shall be commenced and maintained in Santa Cruz, California. Notwithstanding any provision to the contrary, this venue and jurisdiction provision shall control over any contradictory provision in the Vendor Agreement.

5. 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.

6. 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.

7. Notices. If either party shall desire or is required to give notice to the other such notice shall be given in writing, via email, and concurrently delivered by: (a) personal delivery, in which case notice is effective upon delivery; (b) overnight courier (i.e., Federal Express) with charges prepaid or charged to the sender’s account, in which case notice is effective when delivered; (c) priority U.S. Mail, in which case notice shall be deemed delivered on the second business day after the deposit thereof with the U.S. Postal Service. Notices shall be addressed to recipient as follows:

To CITY:

Parks & Recreation
Tony Elliot
323 Church St.

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

Ross Recreation Equipment Company Inc.

Heather Hailey
100 Brush Creek Rd, Suite 206
Santa Rosa, CA 95404
[email protected]
707-538-3800
Changes to the above information shall be given to the other party in writing ten (10) business days before the change is effective.

8. 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.

9. 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]

17.6 City of Santa Cruz Cooperative Purchase Agreement

Page 5 ends

Approved As To Form:

By: _____________________________
Office of the City Attorney
VENDOR
By: _____________________________ Date: _________________ Printed: ___________________________ Title: __________________ By: _____________________________ Date: _________________ Printed: ___________________________ Title: __________________ Signature Requirements for a Corporation – 2 officer signatures required (one from each group, unless person signing holds officer positions in both Group 1 and 2):

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

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

17.7 EXHIBIT A

17.8 CONTRACT
100 Brush Creek Rd #206, Santa Rosa, CA 95404
Casey Hilbert
707.538.3800 | (831) 689-9110
[email protected]
Opportunity Name: Poet's Park Playground
Quote #: 00050395
Quote Name: Poet's Park Playground - Option 2
Quote Total: $130,195.63
Billing Address:

Santa Cruz Purch., City of
323 Church Street
Santa Cruz, California 95060
Shipping Address:

Poet's Park
200 Raymond St
Santa Cruz, California
Quote Date: 6/29/26
Expiration Date: 8/29/26
100 Brush Creek Rd, #206, Santa Rosa, CA 95404 • 707.538.3800 • www.rossrec.com • CA Contractors License #520752 • OR Contractors License #186870 • Tax ID #68-0103540 • DIR 1000003500

Page 1 of 7 ends

Opportunity Name Lead Time Payment terms
Poet's Park Playground 8-12 weeks Net 30 On Materials Shipment

QTY PRODUCT DESCRIPTION UNIT PRICE SUBTOTAL

1.00 Demolition Demolition of existing play equipment and PIP surfacing. Includes re-compaction and any minor repairs needed to sub-base $8,750.00 $8,750.00

1.00 PlayBooster, 5-12
Landscape Structures PlayBooster Design #1206453-02-01, Ages 5-12, Colors TBD
* 48i Log Stack Climber shown to be included at no charge * New hardware needed to install Log Stack Climber is included. $47,211.00 $47,211.00

1.00 NPP Ross
Recreation
Discount
3% NPP Purchasing Contract on Play Equipment ($1,416.34) ($1,416.34)

1.00 Install - Play
Equipment
Installation of Landscape Structures Design #1206453-02-01 by a manufacturer certified installer.
* Project DIR # needed for state Prevailing Wage projects * Includes equipment layout, footing excavation, equipment assembly and concrete footings per manufacturer specifications. If different footing details are provided by the owner/specifier a change order may be required. * Installation quoted assumes installation of footings through native soil or 95% compacted base rock. If rock, poor soil conditions, a high water table and/or other unforeseen site conditions exist requiring additional materials and labor, a change order may be required.
$23,275.00 $23,275.00

1.00 PIP Rubber
Surface America ‘PlayBound’ Poured-In-Place Rubber surfacing materials:
~ Square Footage: 875 sf
~ Thickness: 3” (per 7’ CFH of proposed play equipment) ~ Binder: Aromatic Urethane
~ Color: 50% Color & 50% Black speckled mix (Colors TBD) * PIP surfacing will follow contour of sub-base and maintain minimum 3" thickness throughout the area.
* If 100% Color is required, add $6/sf to material cost. * Any change to color, thickness, square footage or binder type may require a change order.
* Pricing does not include sub-base materials. Acceptable sub-base materials include: Concrete, Asphalt or Compacted Base Rock. More details available upon request.
* Thicknesses quoted to meet or exceed industry standards for ASTM testing (1000 HIC/200 GMax) and comply with IPEMA certification requirements. $11,530.00 $11,530.00

1.00 NPP Ross
Recreation
Discount
4% NPP Purchasing Contract on Surfacing Materials ($461.20) ($461.20)

17.9 CONTRACT
100 Brush Creek Rd #206, Santa Rosa, CA 95404
Casey Hilbert
707.538.3800 | (831) 689-9110
[email protected]
Opportunity Name: Poet's Park Playground
Quote #: 00050395
Quote Name: Poet's Park Playground - Option 2
Quote Total: $130,195.63
100 Brush Creek Rd, #206, Santa Rosa, CA 95404 • 707.538.3800 • www.rossrec.com • CA Contractors License #520752 • OR Contractors License #186870 • Tax ID #68-0103540 • DIR 1000003500

Page 2 of 7 ends

1.00 Install - Rubber
Surfacing
Installation of 875 sf of Surface America ‘PlayBound’ Poured-in-Place rubber surfacing at 3" thickness by a manufacturer certified installer.

Price does not include sub-base preparation, drainage, design work or inspections. General contractor is responsible for verifying that quoted material meets all details and that sub-base is prepared at the proper depth from finish grade. Surfacing will be installed to follow slope of the sub-base and thickness of safety surfacing quoted to be kept consistent. Surfacing will not be installed thicker over drains unless requested. Please advise if surfacing is to be installed in any other manner so quote can be adjusted.
* Acceptable sub-base materials include: Concrete, Asphalt or Compacted Aggregate Class II Base Rock (with layer of fines, minimum of 4” compacted to 90-95%, graded at 1-2%)
* Does not include security or temporary fencing to protect surfacing during installation and minimum 24 hour cure time after installation is complete. If security/fencing is to be provided by Ross Recreation a change order will be required.
$9,745.00 $9,745.00

1.00 437-40SH
DuMor 437-40SH Trash/Recycling Receptacle w/ Shield; 40 Gal Capacity w/ (2) 20 Gal Liners, Side Deposit, 5" x 10" Trash & 4" Diameter Recycling Lids, Black PC
$2,480.00 $2,480.00

1.00 298-60HS DuMor 298-60HS Steel Picnic Table; 6' Length, Surface Mount, Black PC $3,490.00 $3,490.00

1.00 298-60-2HS DuMor 298-60-2HS ADA Accessible Steel Picnic Table; 6' Length, Surface Mount, Black PC $3,490.00 $3,490.00

1.00 NPP Ross
Recreation
Discount
3% NPP Purchasing Contract on Site Furnishings ($283.80) ($283.80)

1.00 Rentals 200' of temporary fencing and on-site restroom for duration of project $1,700.00 $1,700.00

1.00 Bond Payment & Performance Bonds $3,792.10 $3,792.10 Totals
County/ City Tax (Santa Cruz County/ Santa Cruz 9.7500 %) Materials $66,039.66 Sales Tax $6,438.87
Labor/ Fees $47,262.10
Freight $10,455.00
Total $130,195.63
Notes to Customer

17.10 EXHIBIT B

17.11 LEAGUE OF OREGON CITIES

MASTER PRICE AGREEMENT
This Master Price Agreement is effective as of the date of the last signature below (the “Effective Date”) by and between the LEAGUE OF OREGON CITIES, an Oregon public corporation under ORS Chapter 190 (“LOC” or “Purchaser”) and Ross Recreation Equipment Company, Inc. (“Vendor”).

RECITALS
WHEREAS, the Vendor is in the business of selling certain PARK, PLAYGROUND, AND RECREATION EQUIPMENT, as further described herein; and
WHEREAS, the Vendor desires to sell and the Purchaser desires to purchase certain products and related services all upon and subject to the terms and conditions set forth herein; and WHEREAS, through a solicitation for PARK, PLAYGROUND, AND RECREATION EQUIPMENT the Vendor was awarded the opportunity to complete a Master Price Agreement with the LEAGUE OF OREGON CITIES as a result of its response to Request for Proposal No. 2060 for PARK, PLAYGROUND, AND RECREATION EQUIPMENT; and
WHEREAS, the LEAGUE OF OREGON CITIES asserts that the solicitation and Request for Proposal meet Oregon public contracting requirements (ORS 279, 279A, 279B and 279C et. seq.); and WHEREAS, Purchaser and Vendor desire to extend the terms of this Master Price Agreement to benefit other qualified government members of National Purchasing Partners, LLC dba Public Safety GPO, dba First Responder GPO, dba Law Enforcement GPO and dba NPPGov; NOW, THEREFORE, Vendor and Purchaser, intending to be legally bound, hereby agree as follows:

ARTICLE 1 – CERTAIN DEFINITIONS

1.1 “Agreement” shall mean this Master Price Agreement, including the main body of this Agreement and Attachments A-F attached hereto and by this reference incorporated herein, including Purchaser’s Request for Proposal No. 2060 (herein “RFP”) and Vendor’s Proposal submitted in response to the RFP (herein “Vendor’s Proposal”) as referenced and incorporated herein as though fully set forth (sometimes referred to collectively as the “Contract Documents”).

1.2 “Applicable Law(s)” shall mean all applicable federal, state and local laws, statutes, ordinances, codes, rules, regulations, standards, orders and other governmental requirements of any kind.

1.3 “Employee Taxes” shall mean all taxes, assessments, charges and other amounts whatsoever payable in respect of, and measured by the wages of, the Vendor’s employees (or subcontractors), as required by the Federal Social Security Act and all amendments thereto and/or any other applicable federal, state or local law.

1.4 “Purchaser’s Destination” shall mean such delivery location(s) or destination(s) as Purchaser may prescribe from time to time.

DocuSign Envelope ID: E0575664-26DA-44D5-BA50-B3668C0198E5 Exhibit B

17.12 2

1.5 “Products and Services” shall mean the products and/or services to be sold by Vendor hereunder as identified and described on Attachment A hereto and incorporated herein, as may be updated from time to time by Vendor to reflect products and/or services offered by Vendor generally to its customers.

1.6 “Purchase Order” shall mean any authorized written order for Products and Services sent by Purchaser to Vendor via mail, courier, overnight delivery service, email, fax and/or other mode of transmission as Purchaser and Vendor may from time to time agree.

1.7 “Unemployment Insurance” shall mean the contribution required of Vendor, as an employer, in respect of, and measured by, the wages of its employees (or subcontractors) as required by any applicable federal, state or local unemployment insurance law or regulation.

1.8 “National Purchasing Partners” or “(NPP)” is a subsidiary of two nonprofit health care systems.

The Government Division of NPP, hereinafter referred to as “NPPGov”, provides group purchasing marketing and administrative support for governmental entities within the membership. NPPGov’s membership includes participating public entities across North America.

1.9 “Lead Contracting Agency” shall mean the LEAGUE OF OREGON CITIES, which is the governmental entity that issued the Request for Proposal and awarded this resulting Master Price Agreement.

1.10 “Participating Agencies” shall mean members of National Purchasing Partners for which Vendor has agreed to extend the terms of this Master Price Agreement pursuant to Article 2.6 and Attachment C herein. For purposes of cooperative procurement, “Participating Agency” shall be considered “Purchaser” under the terms of this Agreement.

1.11 “Party” and “Parties” shall mean the Purchaser and Vendor individually and collectively as applicable.

ARTICLE 2 – AGREEMENT TO SELL

2.1 Vendor hereby agrees to sell to Purchaser such Products and Services as Purchaser may order from time to time by Purchase Order, all in accordance with and subject to the terms, covenants and conditions of this Agreement. Purchaser agrees to purchase those Products and Services ordered by Purchaser by Purchase Order in accordance with and subject to the terms, covenants and conditions of this Agreement.

2.2 Vendor may add additional products and services to the contract provided that any additions reasonably fall within the intent of the original RFP specifications. Pricing on additions shall be equivalent to the percentage discount for other similar products. Vendor may provide a web-link with current product listings, which may be updated periodically, as allowed by the terms of the resulting Master Price Agreement.

Vendor may replace or add product lines to an existing contract if the line is replacing or supplementing products on contract, is equal or superior to the original products offered, is discounted in a similar or to a greater degree, and if the products meet the requirements of the solicitation. No products may be added to avoid competitive procurement requirements. LOC may reject any additions without cause.

2.3 All Purchase Orders issued by Purchaser to Vendor for Products during the term (as hereinafter defined) of this Agreement are subject to the provisions of this Agreement as though fully set forth in such Purchase Order. The Vendor retains authority to negotiate above and beyond the terms of this Agreement to meet the Purchaser or Vendor contract requirements. In the event that the provisions of this Agreement conflict with any Purchase Order issued by Purchaser to Vendor, the provisions of this Agreement shall govern. No other terms and conditions, including, but not limited to, those contained in Vendor’s standard DocuSign Envelope ID: E0575664-26DA-44D5-BA50-B3668C0198E5

17.13 3
printed terms and conditions, on Vendor’s order acknowledgment, invoices or otherwise, shall have any application to or effect upon or be deemed to constitute an amendment to or to be incorporated into this Agreement, any Purchase Order, or any transactions occurring pursuant hereto or thereto, unless this Agreement shall be specifically amended to adopt such other terms and conditions in writing by the Parties.

2.4 Notwithstanding any other provision of this Agreement to the contrary, the Lead Contracting Agency shall have no obligation to order or purchase any Products and Services hereunder and the placement of any Purchase Order shall be in the sole discretion of the Participating Agencies. This Agreement is not exclusive. Vendor expressly acknowledges and agrees that Purchaser may purchase at its sole discretion, Products and Services that are identical or similar to the Products and Services described in this Agreement from any third party.

2.5 In case of any conflict or inconsistency between any of the Contract Documents, the documents shall prevail and apply in the following order of priority:
(i) This Agreement;
(ii) The RFP;
(iii) Vendor’s Proposal;

2.6 Extension of contract terms to Participating Agencies:

2.6.1 Vendor agrees to extend the same terms, covenants and conditions available to Purchaser under this Agreement to Participating Agencies, that have executed an Intergovernmental Cooperative Purchasing Agreement (“IGA”) as may be required by each Participating Agency’s local laws and regulations, in accordance with Attachment C. Each Participating Agency will be exclusively responsible for and deal directly with Vendor on matters relating to ordering, delivery, inspection, acceptance, invoicing, and payment for Products and Services in accordance with the terms and conditions of this Agreement as if it were “Purchaser” hereunder. Any disputes between a Participating Agency and Vendor will be resolved directly between them under and in accordance with the laws of the State in which the Participating Agency exists.

Pursuant to the IGA, the Lead Contracting Agency shall not incur any liability as a result of the access and utilization of this Agreement by other Participating Agencies.

2.6.2 This Solicitation meets the public contracting requirements of the Lead Contracting Agency and may not be appropriate under or meet Participating Agencies’ procurement laws. Participating Agencies are urged to seek independent review by their legal counsel to ensure compliance with all local and state solicitation requirements.

2.6.3 Vendor acknowledges execution of the Vendor Administration Fee Agreement, Contract Number PS21070, with NPPGov, pursuant to the terms of the RFP.

2.7 Oregon Public Agencies are prohibited from use of Products and Services offered under this Agreement that are already provided by qualified nonprofit agencies for disabled individuals as listed on the Department of Administrative Service’s Procurement List (“Procurement List”) pursuant to ORS 279.835-.855.

See www.OregonRehabilitation.org/qrf for more information. Vendor shall not sell products and services identified on the Procurement List (e.g., reconditioned toner cartridges) to Purchaser or Participating Agencies within the state of Oregon.

ARTICLE 3 – TERM AND TERMINATION

3.1 The initial contract term shall be for three (3) calendar years from the Effective Date of this Agreement (“Initial Term”). Upon termination of the original three (3) year term, this Agreement shall automatically extend for up to three (3) successive one (1) year periods; (each a “Renewal Term”); provided, DocuSign Envelope ID: E0575664-26DA-44D5-BA50-B3668C0198E5

17.14 4
however, that the Lead Contracting Agency and/or the Vendor may opt to decline extension of the MPA by providing notification in writing at least thirty (30) calendar days prior to the annual automatic extension anniversary of the Initial Term.

3.2 Either Vendor or the Lead Contracting Agency may terminate this Agreement by written notice to the other party if the other Party breaches any of its obligations hereunder and fails to remedy the breach within thirty (30) days after receiving written notice of such breach from the non-breaching party.

ARTICLE 4 – PRICING, INVOICES, PAYMENT AND DELIVERY

4.1 Purchaser shall pay Vendor for all Products and Services ordered and delivered in compliance with the terms and conditions of this Agreement at the pricing specified for each such Product and Service on Attachment A, including shipping. Unless Attachment A expressly provides otherwise, the pricing schedule set forth on Attachment A hereto shall remain fixed for the Initial Term of this Agreement; provided that manufacturer pricing is not guaranteed and may be adjusted based on the next manufacturer price increase.

Pricing contained in Attachment A shall be extended to all NPPGov, Public Safety GPO, First Responder GPO and Law Enforcement GPO members upon execution of the IGA.

4.2 Vendor shall submit original invoices to Purchaser in form and substance and format reasonably acceptable to Purchaser. All invoices must reference the Purchaser’s Purchase Order number, contain an itemization of amounts for Products and Services purchased during the applicable invoice period and any other information reasonably requested by Purchaser, and must otherwise comply with the provisions of this Agreement. Invoices shall be addressed as directed by Purchaser.

4.3 Unless otherwise specified, Purchaser is responsible for any and all applicable sales taxes.

Attachment A or Vendor’s Proposal (Attachment D) shall specify any and all other taxes and duties of any kind which Purchaser is required to pay with respect to the sale of Products and Services covered by this Agreement and all charges for packing, packaging and loading.

4.4 Except as specifically set forth on Attachments A and F, Purchaser shall not be responsible for any additional costs or expenses of any nature incurred by Vendor in connection with the Products and Services, including without limitation travel expenses, clerical or administrative personnel, long distance telephone charges, etc. (“Incidental Expenses”).

4.5 Price reductions or discount increases may be offered at any time during the contract term and shall become effective upon notice of acceptance from Purchaser.

4.6 Notwithstanding any other agreement of the Parties as to the payment of shipping/delivery costs, and subject to Attachments A, D, and F herein, Vendor shall offer delivery and/or shipping costs prepaid FOB Destination. If there are handling fees, these also shall be included in the pricing.

4.7 Unless otherwise directed by Purchaser for expedited orders, Vendor shall utilize such common carrier for the delivery of Products and Services as Vendor may select; provided, however, that for expedited orders Vendor shall obtain delivery services hereunder at rates and terms not less favorable than those paid by Vendor for its own account or for the account of any other similarly situated customer of Vendor.

4.8 Vendor shall have the risk of loss of or damage to any Products until delivery to Purchaser.

Purchaser shall have the risk of loss of or damage to the Products after delivery to Purchaser. Title to Products shall not transfer until the Products have been delivered to and accepted by Purchaser at Purchaser’s Destination.

DocuSign Envelope ID: E0575664-26DA-44D5-BA50-B3668C0198E5

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ARTICLE 5 – INSURANCE

5.1 During the term of this Agreement, Vendor shall maintain at its own cost and expense (and shall cause any subcontractor to maintain) insurance policies providing insurance of the kind and in the amounts generally carried by reasonably prudent manufacturers in the industry, with one or more reputable insurance companies licensed to do business in Oregon and any other state or jurisdiction where Products and Services are sold hereunder. Such certificates of insurance shall be made available to the Lead Contracting Agency upon 48 hours’ notice. BY SIGNING THE AGREEMENT PAGE THE VENDOR AGREES TO THIS

REQUIREMENT AND FAILURE TO MEET THIS REQUIREMENT WILL RESULT IN CANCELLATION OF THIS MASTER PRICE AGREEMENT.

5.2 All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of this Agreement is satisfactorily completed and formally accepted.

Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect the Lead Contracting Agency. The insurance policies may provide coverage that contains deductibles or self-insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to the Lead Contracting Agency under such policies. Vendor shall be solely responsible for the deductible and/or self-insured retention and the Lead Contracting Agency, at its option, may require Vendor to secure payment of such deductibles or self-insured retentions by a surety bond or an irrevocable and unconditional letter of credit.

5.3 Vendor shall carry Workers’ Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction over Vendor’s employees engaged in the performance of the work or services, as well as Employer’s Liability insurance. Vendor waives all rights against the Lead Contracting Agency and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the Workers’ Compensation and Employer’s Liability or commercial umbrella liability insurance obtained by Vendor pursuant to this Agreement.

5.4 Insurance required herein shall not be permitted to expire, be canceled, or materially changed without thirty days (30 days) prior written notice to the Lead Contracting Agency.

ARTICLE 6 – INDEMNIFICATION AND HOLD HARMLESS

6.1 Vendor agrees that it shall indemnify, defend and hold harmless Lead Contracting Agency, its respective officials, directors, employees, members and agents (collectively, the “Indemnitees”), from and against any and all damages, claims, losses, expenses, costs, obligations and liabilities (including, without limitation, reasonable attorney’s fees), suffered directly or indirectly by any of the Indemnitees to the extent of, or arising out of, (i) any breach of any covenant, representation or warranty made by Vendor in this Agreement, (ii) any failure by Vendor to perform or fulfill any of its obligations, covenants or agreements set forth in this Agreement, (iii) the negligence or intentional misconduct of Vendor, any subcontractor of Vendor, or any of their respective employees or agents, (iv) any failure of Vendor, its subcontractors, or their respective employees to comply with any Applicable Law, (v) any litigation, proceeding or claim by any third party relating in any way to the obligations of Vendor under this Agreement or Vendor’s performance under this Agreement, (vi) any Employee Taxes or Unemployment Insurance, or (vii) any claim alleging that the Products and Services or any part thereof infringe any third party’s U.S. patent, copyright, trademark, trade secret or other intellectual property interest. Such obligation to indemnify shall not apply where the damage, claim, loss, expense, cost, obligation or liability is due to the breach of this Agreement by, or negligence or willful misconduct of, Lead Contracting Agency or its officials, directors, employees, agents or contractors.

The amount and type of insurance coverage requirements set forth herein will in no way be construed as DocuSign Envelope ID: E0575664-26DA-44D5-BA50-B3668C0198E5

17.16 6
limiting the scope of the indemnity in this paragraph. The indemnity obligations of Vendor under this Article shall survive the expiration or termination of this Agreement for two years.

6.2 LIMITATION OF LIABILITY: IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY

SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES IN CONNECTION

WITH OR ARISING OUT OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR

INJURIES TO PERSONS OR TO PROPERTY OR LOSS OF PROFITS OR LOSS OF FUTURE BUSINESS

OR REPUTATION, WHETHER BASED ON TORT OR BREACH OF CONTRACT OR OTHER BASIS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6.3 The same terms, conditions and pricing of this Agreement may be extended to government members of National Purchasing Partners, LLC. In the event the terms of this Agreement are extended to other government members, each government member (procuring party) shall be solely responsible for the ordering of Products and Services under this Agreement. A non-procuring party shall not be liable in any fashion for any violation by a procuring party, and the procuring party shall hold nonprocuring parties or unrelated purchasing parties harmless from any liability that may arise from action or inaction of the procuring party.

ARTICLE 7 – WARRANTIES
Purchaser shall refer to Vendor’s Proposal for all Vendor and manufacturer express warranties, as well as those warranties provided under Attachment B herein.

ARTICLE 8 - INSPECTION AND REJECTION

8.1 Purchaser shall have the right to inspect and test Products at any time prior to shipment, and within a reasonable time after delivery to the Purchaser’s Destination. Products not inspected within a reasonable time after delivery shall be deemed accepted by Purchaser. The payment for Products shall in no way impair the right of Purchaser to reject nonconforming Products, or to avail itself of any other remedies to which it may be entitled.

8.2 If any of the Products are found at any time to be defective in material or workmanship, damaged, or otherwise not in conformity with the requirements of this Agreement or any applicable Purchase Order, as its exclusive remedy, Purchaser may at its option and at Vendor’s sole cost and expense, elect either to (i) return any damaged, non-conforming or defective Products to Vendor for correction or replacement, or (ii) require Vendor to inspect the Products and remove or replace damaged, non-conforming or defective Products with conforming Products. If Purchaser elects option (ii) in the preceding sentence and Vendor fails promptly to make the necessary inspection, removal and replacement, Purchaser, at its option, may inspect the Products and Vendor shall bear the cost thereof. Payment by Purchaser of any invoice shall not constitute acceptance of the Products covered by such invoice, and acceptance by Purchaser shall not relieve Vendor of its warranties or other obligations under this Agreement.

8.3 The provisions of this Article shall survive the expiration or termination of this Agreement.

ARTICLE 9 – SUBSTITUTIONS
Except as otherwise permitted hereunder, Vendor may not make any substitutions of Products, or any portion thereof, of any kind without the prior written consent of Purchaser.

DocuSign Envelope ID: E0575664-26DA-44D5-BA50-B3668C0198E5

17.17 7
ARTICLE 10 - COMPLIANCE WITH LAWS

10.1 Vendor agrees to comply with all Applicable Laws and at Vendor’s expense, secure and maintain in full force during the term of this Agreement, all licenses, permits, approvals, authorizations, registrations and certificates, if any, required by Applicable Laws in connection with the performance of its obligations hereunder. At Purchaser’s request, Vendor shall provide to Purchaser copies of any or all such licenses, permits, approvals, authorizations, registrations and certificates.

10.2 Purchaser has taken all required governmental action to authorize its execution of this Agreement and there is no governmental or legal impediment against Purchaser’s execution of this Agreement or performance of its obligations hereunder.

ARTICLE 11 – PUBLICITY / CONFIDENTIALITY

11.1 No news releases, public announcements, advertising materials, or confirmation of same, concerning any part of this Agreement or any Purchase Order issued hereunder shall be issued or made without the prior written approval of the Parties. Neither Party shall in any advertising, sales materials or in any other way use any of the names or logos of the other Party without the prior written approval of the other Party.

11.2 Any knowledge or information which Vendor or any of its affiliates shall have disclosed or may hereafter disclose to Purchaser, and which in any way relates to the Products and Services covered by this Agreement shall not, unless otherwise designated by Vendor, be deemed to be confidential or proprietary information, and shall be acquired by Purchaser, free from any restrictions, as part of the consideration for this Agreement.

ARTICLE 12 - RIGHT TO AUDIT
Subject to Vendor’s reasonable security and confidentiality procedures, Purchaser, or any third party retained by Purchaser, may at any time upon prior reasonable notice to Vendor, during normal business hours, audit the books, records and accounts of Vendor to the extent that such books, records and accounts pertain to sale of any Products and Services hereunder or otherwise relate to the performance of this Agreement by Vendor. Vendor shall maintain all such books, records and accounts for a period of at least three (3) years after the date of expiration or termination of this Agreement. The Purchaser’s right to audit under this Article 12 and Purchaser’s rights hereunder shall survive the expiration or termination of this Agreement for a period of three (3) years after the date of such expiration or termination.

ARTICLE 13 - REMEDIES
Except as otherwise provided herein, any right or remedy of Vendor or Purchaser set forth in this Agreement shall not be exclusive, and, in addition thereto, Vendor and Purchaser shall have all rights and remedies under Applicable Law, including without limitation, equitable relief. The provisions of this Article shall survive the expiration or termination of this Agreement.

ARTICLE 14 - RELATIONSHIP OF PARTIES
Vendor is an independent contractor and is not an agent, servant, employee, legal representative, partner or joint venture of Purchaser. Nothing herein shall be deemed or construed as creating a joint venture or partnership between Vendor and Purchaser. Neither Party has the power or authority to bind or commit the other.

DocuSign Envelope ID: E0575664-26DA-44D5-BA50-B3668C0198E5

17.18 8
ARTICLE 15 - NOTICES
All notices required or permitted to be given or made in this Agreement shall be in writing. Such notice(s) shall be deemed to be duly given or made if delivered by hand, by certified or registered mail or by nationally recognized overnight courier to the address specified below:

If to Lead Contracting Agency:

LEAGUE OF OREGON CITIES
1201 Court St. NE
Suite 200
Salem OR 97301
ATTN: Jamie Johnson-Davis
Email: [email protected]
If to Vendor:

Ross Recreation Equipment Company, Inc.
100 Brush Creek Rd., #206
Santa Rosa CA 95404
ATTN: Heather Hailey
Email: [email protected]
Either Party may change its notice address by giving the other Party written notice of such change in the manner specified above.

ARTICLE 16 - FORCE MAJEURE
Except for Purchaser’s obligation to pay for Products and Services delivered, delay in performance or non-performance of any obligation contained herein shall be excused to the extent such failure or nonperformance is caused by force majeure. For purposes of this Agreement, “force majeure” shall mean any cause or agency preventing performance of an obligation which is beyond the reasonable control of either Party hereto, including without limitation, fire, flood, sabotage, shipwreck, embargo, strike, explosion, labor trouble, accident, riot, acts of governmental authority (including, without limitation, acts based on laws or regulations now in existence as well as those enacted in the future), acts of nature, and delays or failure in obtaining raw materials, supplies or transportation. A Party affected by force majeure shall promptly provide notice to the other, explaining the nature and expected duration thereof, and shall act diligently to remedy the interruption or delay if it is reasonably capable of being remedied. In the event of a force majeure situation, deliveries or acceptance of deliveries that have been suspended shall not be required to be made upon the resumption of performance.

ARTICLE 17 - WAIVER
No delay or failure by either Party to exercise any right, remedy or power herein shall impair such Party’s right to exercise such right, remedy or power or be construed to be a waiver of any default or an acquiescence therein; and any single or partial exercise of any such right, remedy or power shall not preclude any other or further exercise thereof or the exercise of any other right, remedy or power. No waiver hereunder shall be valid unless set forth in writing executed by the waiving Party and then only to the extent expressly set forth in such writing.

DocuSign Envelope ID: E0575664-26DA-44D5-BA50-B3668C0198E5

17.19 9
ARTICLE 18 - PARTIES BOUND; ASSIGNMENT
This Agreement shall inure to the benefit of and shall be binding upon the respective successors and assigns of the Parties hereto, but it may not be assigned in whole or in part by Vendor without prior written notice to Purchaser which shall not be unreasonably withheld or delayed.

ARTICLE 19 - SEVERABILITY
To the extent possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under Applicable Law. If any provision of this Agreement is declared invalid or unenforceable, by judicial determination or otherwise, such provision shall not invalidate or render unenforceable the entire Agreement, but rather the entire Agreement shall be construed as if not containing the particular invalid or unenforceable provision or provisions and the rights and obligations of the Parties shall be construed and enforced accordingly.

ARTICLE 20 - INCORPORATION; ENTIRE AGREEMENT

20.1 All the provisions of the Attachments hereto are hereby incorporated herein and made a part of this Agreement. In the event of any apparent conflict between any provision set forth in the main body of this Agreement and any provision set forth in the Attachments, including the RFP and/or Vendor’s Proposal, the provisions shall be interpreted, to the extent possible, as if they do not conflict. If such an interpretation is not possible, the provisions set forth in the main body of this Agreement shall control.

20.2 This Agreement (including Attachments and Contract Documents hereto) constitutes the entire Agreement of the Parties relating to the subject matter hereof and supersedes any and all prior written and oral agreements or understandings relating to such subject matter.

ARTICLE 21 - HEADINGS
Headings used in this Agreement are for convenience of reference only and shall in no way be used to construe or limit the provisions set forth in this Agreement.

ARTICLE 22 - MODIFICATIONS
This Agreement may be modified or amended only in writing executed by Vendor and the Lead Contracting Agency. The Lead Contracting Agency and each Participating Agency contracting hereunder acknowledge and agree that any agreement entered into in connection with any Purchase Order hereunder shall constitute a modification of this Agreement as between the Vendor and the Participating Agency. Any modification of this Agreement as between Vendor and any Participating Agency shall not be deemed a modification of this Agreement for the benefit of the Lead Contracting Agency or any other Participating Agency.

ARTICLE 23 - GOVERNING LAW
This Agreement shall be governed by and interpreted in accordance with the laws of the State of Oregon or in the case of a Participating Agency’s use of this Agreement, the laws of the State in which the Participating Agency exists, without regard to its choice of law provisions.

DocuSign Envelope ID: E0575664-26DA-44D5-BA50-B3668C0198E5

17.20 10
ARTICLE 24 - COUNTERPARTS
This Agreement may be executed in counterparts all of which together shall constitute one and the same Agreement.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year last written below.

PURCHASER:

Signature: ____________________________________
Printed Name:

Title: ____________________________________________

LEAGUE OF OREGON CITIES
Dated: ____________________________
VENDOR:

Signature: ______________________________
Printed Name:

Title: _____________________________
Ross Recreation Equipment Company, Inc.

Dated: ____________________________
DocuSign Envelope ID: E0575664-26DA-44D5-BA50-B3668C0198E5 March 22, 2021 | 5:39 PM PDT
Accounting Manager
Heather Hailey
Executive Director
Mike Cully
March 22, 2021 | 8:57 PM PDT

17.21 ATTACHMENT A
to Master Price Agreement by and between VENDOR and PURCHASER.

PRODUCTS, SERVICES, SPECIFICATIONS AND PRICES

EQUIPMENT CATEGORIES

PROPOSED BRAND PROPOSED
DISCOUNT OFFERED (%) OFF

PUBLISHED LIST PRICE

VOLUME DISCOUNT

OFFERED

1. SCHOOL AGE PLAYGROUNDS
AND COMPONENTS LANDSCAPE STRUCTURES, INC. 5% MATERIAL DISCOUNT OFF LIST PRICE > $100,000 MATERIALORDER = ADD'L 2%

2. AQUATIC & OTHER
PLAYGROUNDS AND VORTEX AQUATIC STRUCTURES 3% MATERIAL DISCOUNT OFF LIST PRICE > $50,000 MATERIALORDER = ADD'L 2%

3. SHELTERS AND SHADE

STRUCTURES
CLASSIC RECREATION; CUSTOM CANOPIES;

LANDSCAPE STRUCTURES SKYWAYS
5% MATERIAL DISCOUNT OFF LIST PRICE N/A

4. OUTDOOR FITNESS

EQUIPMENT

LANDSCAPE STRUCTURES HEALTHBEAT &
FITCORE EXTREME 5% MATERIAL DISCOUNT OFF LIST PRICE > $100,000 MATERIALORDER = ADD'L 2%

5. SAFETY SURFACING
SURFACE AMERICA RUBBERIZED SURFACING;
FOREVERLAWN SYNTHETIC TURF;
SOFSURFACES TILE; FIBAR AND ZEAGER

BROTHERS ENGINEERED WOOD FIBER
4% MATERIAL DISCOUNT OFF SURFACE
AMERICA & SOFSURFACES LIST PRICE; 8%

MATERIAL DISCOUNT OFF
FOREVERLAWN LIST PRICE; 5% MATERIAL

DISCOUNT OFF FIBAR LIST PRICE

SINGLE PROJECT OVER
10,000 SQUARE FEET =
ADD'L 2%

6. SITE AMENITIES DUMOR, INC; WEBCOAT/SUPERIOR
AMENITIES 3% MATERIAL DISCOUNT OFF LIST PRICE 30 UNITS OR MORE* =ADD'L 2%

7. INSTALLATION

MANUFACTURER CERTIFIED INSTALLERS &

SUB-CONTRACTORS
QUOTED ON A PER PROJECT BASIS;
MARK-UP NOT TO EXCEED 25% ABOVE

TOTAL COSTS
N/A

8. OTHER
SCOREMASTER SPORTS GOALS; LA
STEELCRAFT; PW ATHLETIC; JAYPRO ATHLETIC;
DOGIPOT; HAWS DRINKING FOUNTAINS
4% MATERIAL DISCOUNT OFF LIST PRICE
15 UNITS OR MORE*
=ADD'L 2%
DocuSign Envelope ID: E0575664-26DA-44D5-BA50-B3668C0198E5

17.22 *ALL UNITS ORDERED AT ONE TIME ON ONE PURCHASE ORDER.

AVAILABLE 2021 PRICE LISTS INCLUDED IN PROPOSAL APPENDIX.

PRICE LISTS ARE SUBJECT TO CHANGE BASED ON CURRENT MANUFACTURER'S PRICING AND ANNUAL PRICING CHANGES.

THE FOLLOWING DO NOT HAVE STANDARD PUBLISHED PRICE LISTS DUE TO THE CUSTOM NATURE OF HOW MATERAILS ARE QUOTED PER PROJECT: LANDSCAPE STRUCTURES, VORTEX,

CLASSIC RECREATION, CUSTOM CANOPIES, SURFACE AMERICA, SOFSURFACES, FOREVERLAWN, ZEAGER BROTHERS AND FIBAR.

Pricing contained in this Attachment A shall be extended to all NPPGov members upon execution of the Intergovernmental Agreement.

Participating Agencies may purchase from Vendor’s authorized dealers and distributors, as applicable, provided the pricing and terms of this Agreement are extended to Participating Agencies by such dealers and distributors. [ A current list may be obtained from Vendor.] DocuSign Envelope ID: E0575664-26DA-44D5-BA50-B3668C0198E5

17.23 13

ATTACHMENT B
to Master Price Agreement by and between VENDOR and PURCHASER.

ADDITIONAL SELLER WARRANTIES
To the extent possible, Vendor will make available all warranties from third party manufacturers of Products not manufactured by Vendor, as well as any warranties identified in this Agreement and Vendor’s Proposal.

DocuSign Envelope ID: E0575664-26DA-44D5-BA50-B3668C0198E5

17.24 14

ATTACHMENT C
to Master Price Agreement by and between VENDOR and PURCHASER.

PARTICIPATING AGENCIES
The Lead Contracting Agency in cooperation with National Purchasing Partners (NPPGov) entered into this Agreement on behalf of other government agencies that desire to access this Agreement to purchase Products and Services. Vendor must work directly with any Participating Agency concerning the placement of orders, issuance of the purchase orders, contractual disputes, invoicing, and payment. The Lead Contracting Agency shall not be held liable for any costs, damages, etc., incurred by any Participating Agency.

Any subsequent contract entered into between Vendor and any Participating Agency shall be construed to be in accordance with and governed by the laws of the State in which the Participating Agency exists. Each Participating Agency is directed to execute an Intergovernmental Cooperative Purchasing Agreement (“IGA”), as set forth on the NPPGov web site, www.nppgov.com. The IGA allows the Participating Agency to purchase Products and Services from the Vendor in accordance with each Participating Agency’s legal requirements as if it were the “Purchaser” hereunder.

DocuSign Envelope ID: E0575664-26DA-44D5-BA50-B3668C0198E5

17.25 15

ATTACHMENT D
to Master Price Agreement by and between VENDOR and PURCHASER.

Vendor’s Proposal
(The Vendor’s Proposal is not attached hereto.)
(The Vendor’s Proposal is incorporated by reference herein.) DocuSign Envelope ID: E0575664-26DA-44D5-BA50-B3668C0198E5

17.26 16

ATTACHMENT E
to Master Price Agreement by and between VENDOR and PURCHASER.

Purchaser’s Request for Proposal
(The Purchaser’s Request for Proposal is not attached hereto.) (The Purchaser’s Request for Proposal is incorporated by reference herein.) DocuSign Envelope ID: E0575664-26DA-44D5-BA50-B3668C0198E5

17.27 LEAGUE OF OREGON CITIES

PARK, PLAYGROUND, AND RECREATION EQUIPMENT
Request for Proposal Solicitation No. 2060

CLOSE DATE EXTENSION
Due to the current world-wide Coronavirus (COVID-19) pandemic, the dates of this RFP have been extended to allow adequate time for review and respond for all eligible vendors. The extended close date for this RFP will be January 15, 2021. The subsequent contract milestone dates have also been updated based on this close date change.

All responses are directed to a 3rd party facility. The Response and Inquiries address has been updated and included.

Pursuant to RFP Section 4.2.2, Proposers are hereby notified that the close date has been extended for PARK, PLAYGROUND, AND RECREATION EQUIPMENT.

Deadline for submission of proposals is 5:00 P.M. PST on January 15, 2021.

All Proposals must be signed, sealed, and addressed to:

LOC “PARK, PLAYGROUND, AND RECREATION EQUIPMENT RFP” #2060

LEAGUE OF OREGON CITIES
c/o Jamie Johnson-Davis, RFP Manager
1567 Edgewater Street NW
Salem, OR 97304
and marked “RFP #2060 PARK, PLAYGROUND, AND RECREATION EQUIPMENT” Proposed Opening Date: January 18, 2021
Approximate Selection and Negotiation Period: February 1, 2021 to February 15, 2021 Approximate Award of Proposal: March 8, 2021
NOTE: THE LEAGUE OF OREGON CITIES WILL NOT ACCEPT PROPOSAL ENVELOPES WITH INSUFFICIENT POSTAGE.

INQUIRIES:

LOC “PARK, PLAYGROUND, AND RECREATION EQUIPMENT RFP” #2060

LEAGUE OF OREGON CITIES
c/o Jamie Johnson-Davis, RFP Manager
1567 Edgewater Street NW
Salem, OR 97304
[email protected]
NOTE: LEAGUE OF OREGON CITIES PUBLISHES ITS NOTICE OF SOLICITATIONS IN THE OREGON DAILY JOURNAL OF COMMERCE, USA TODAY, AND ONLINE AT www.orcities.org, http://www.findrfp.com and www.nppgov.com REQUESTS FOR PROPOSALS (RFP’s) ARE AVAILABLE FOR VIEWING AND/OR DOWNLOADING ONLINE AT www.orcities.org, http://www.findrfp.com and www.nppgov.com

17.28 NOTICE OF SOLICITATION

LEAGUE OF OREGON CITIES
RFP NUMBER 2060
SOLICITATION FOR: PARK, PLAYGROUND, AND RECREATION EQUIPMENT Notice is hereby given that the LEAGUE OF OREGON CITIES (LOC) will accept sealed proposals for PARK, PLAYGROUND, AND RECREATION EQUIPMENT at the address listed below, until 5:00 PM PST on NOVEMBER 30TH, 2020. Those proposals will be for the LEAGUE OF OREGON CITIES and members of National Purchasing Partners Government Division (“NPPGov”) across the nation, including but not limited to governmental units incorporated by “ATTACHMENT H” of the Request for Proposal (RFP), WIPHE members identified in “ATTACHMENT G” of the RFP, as well as government units in all other states (collectively, “Participating Agencies”). Significant sales potential exists because the resulting Master Price Agreement for national proposers will include piggy backing language that permits use of the Master Price Agreement nationwide which may allow Participating Agencies to forego duplicating the formal solicitation process and expend staff resources and funds.

All Proposals must be signed, sealed and addressed to:

Mailing Address:

LOC PUBLIC “PARK, PLAYGROUND, AND RECREATION EQUIPMENT RFP” #2060

LEAGUE OF OREGON CITIES
c/o Jamie Johnson-Davis, RFP Manager
1567 Edgewater Street NW
Salem, OR 97304
All Proposals must clearly state RFP #2060 and Proposing company’s full name on the OUTERMOST packaging.

NOTE: THE LEAGUE OF OREGON CITIES WILL NOT ACCEPT PROPOSAL ENVELOPES WITH INSUFFICIENT POSTAGE.

INQUIRIES:

LOC “PARK, PLAYGROUND, AND RECREATION EQUIPMENT RFP” #2060

LEAGUE OF OREGON CITIES
c/o Jamie Johnson-Davis, RFP Manager
1567 Edgewater Street NW
Salem, OR 97304
[email protected]
The solicitation documents may be reviewed at the office address listed above.

NOTE: NOTICES OF SOLICITATION WILL BE PUBLISHED IN THE OREGON DAILY JOURNAL OF COMMERCE AND THE USA TODAY.

17.29 IMPORTANT

PLEASE READ BEFORE SUBMITTING YOUR PROPOSAL
SOLICITATIONS FOR: PARK, PLAYGROUND, & RECREATION EQUIPMENT

1.0 INTENT:

1.1 GENERAL INTENT
The LEAGUE OF OREGON CITIES (“LOC”) serves as the “Lead Contracting Agency” for this solicitation on behalf of its members, and as authorized by the LOC Intergovernmental Agreement, which is an agreement for intergovernmental cooperation among select local Oregon governments and recognized under ORS Chapter 190. LOC, in association with the members of National Purchasing Partners, LLC dba NPPGov (hereinafter referred to as “NPPGov”), comprises a cooperative procurement group. NPPGov membership includes government entities, non-profit organizations across the nation, members of Public Safety GPO, First Responders GPO, and Law Enforcement GPO, Hawaii, and Oregon local government units (ATTACHMENT H), and WIPHE members (ATTACHMENT G), as well as all other government units in all other states, as authorized under the terms of the Intergovernmental Cooperative Purchasing Agreement executed by all Lead Contracting and Participating Agencies (the foregoing list of entities hereinafter referred to as “Participating Agencies”). This procurement group is soliciting proposals from qualified companies (hereinafter referred to as “Proposer”) to enter into a Master Price Agreement for PARK, PLAYGROUND, ANDREATION EQUIPMENT.

The intent of this Interstate Cooperative Procurement Solicitation (hereinafter referred to as “Solicitation” or “RFP”) is to invite Proposers to submit a competitive pricing proposal offering PARK, PLAYGROUND, & RECREATION EQUIPMENT to LOC, which will then be made available to NPPGov members locally and nationwide; to reduce expenses by eliminating multiple requests for proposals and multiple responses by Vendors; and to obtain discounted pricing through volume purchasing. Significant sales potential exists because the Master Price Agreement will be used nationwide which may allow Participating Agencies to forego duplicating the formal solicitation process and expend staff resources. Preferably, the successful Proposer will provide its entire catalog of products and/or services in order that Participating Agencies who wish to access the Master Price Agreement may order a broad range of goods and services as needed.

With the exception of successful local Proposer(s) capable of servicing LOC and Participating Agencies within the state of Oregon, successful Proposer(s) should have a strong national presence for PARK, PLAYGROUND, & RECREATION EQUIPMENT for use by government agencies nationwide.

This Solicitation meets Oregon public contracting requirements (ORS 279A et. seq.) and may not be appropriate under or meet Participating Agencies’ procurement laws. Participating Agencies are urged to seek independent review by their legal counsel to ensure compliance with all local and state solicitation requirements.

1.2 POTENTIAL MARKET
The LOC is publishing this RFP to create publicly awarded contracts for use by its members, which may also benefit the thousands of fellow members of NPPGov, Public Safety GPO, First Responders GPO, and Law Enforcement GPO. These are nationwide programs representing member government agencies in all 50 states. We encourage each Proposer’s response to be a collaborative effort including manufacturer and distributor (when they are not the same company) to ensure nationwide contract

17.30 utilization.

Proposer’s response should also take into consideration the considerable market potential for this Solicitation. Because the successful proposal will be incorporated into a nationwide cooperative procurement program including tens of thousands of state, local government and non-profit participants from all 50 states, the LOC believes that contracts created from this Solicitation will provide vendors with a significant market advantage. Members of NPPGov, Public Safety GPO, First Responders GPO, and Law Enforcement GPO and current vendors who participate in the program indicate the ability to shorten the sale cycle by eliminating the need to complete individual RFP processes is a significant advantage to participation.

The LOC believes that participation in the NPPGov purchasing program benefits both its Participating Agencies and successful Proposers. NPPGov engages with successful proposers who complete the Vendor Administration Agreement through a marketing and sales partnership. This partnership includes (but is not limited to) contract promotion to members, contract administration support to potential customers and live customer phone support.

1.3 REQUIREMENTS

1.3.1 The RFP and resulting Master Price Agreement are anticipated for use by the LOC’s government members, as well as other Participating Agencies across the nation. The LOC has entered into an Intergovernmental (interlocal) Cooperative Purchasing Agreement with other Participating Agencies for the purpose of obtaining Master Price Agreements with various vendors. Interlocal cooperative purchasing agreements allow Participating Agencies to make purchases at the LOC’s accepted proposal price, terms and conditions, provided that the Participating Agency has satisfied all of its local and state cooperative procurement requirements. By submitting a proposal, the Proposer(s) agrees to make the same proposal terms and price, exclusive of any possible rebates, incentives, freight and transportation fees, available to other Participating Agencies. The LOC and NPPGov will not incur any direct liability with respect to specifications, delivery, payment, or any other aspect of purchases by such Participating Agencies or nonprofit institutions. The Intergovernmental Cooperative Purchasing Agreement is incorporated by reference herein and is available upon request — See Attachment A.

The successful Proposer must work directly with the Participating Agencies concerning the placement of orders, disputes, invoicing and payment. The LOC and NPPGov shall not be held liable for any costs or damages incurred by or as a result of the actions of the Vendor or any Participating Agency. Successful Proposers must comply with the state and local laws, rules and regulations in each state and locality where the product or service is provided.

1.3.2 Each Participating Agency shall execute a Participating Agency Endorsement and Authorization included in the Intergovernmental Cooperative Purchasing Agreement. While the terms of the Master Price Agreement shall govern the general pricing terms, each Participating Agency may request modification of the Master Price Agreement in accordance with each Participating Agency’s state and/or local purchasing laws, rules, regulations and procedures, provided said modifications are not material changes. Each Participating Agency may, at its discretion, and upon written agreement by the Participating Agency and Successful Proposer, request additional legal and procedural provisions not included herein that the successful Proposer must adhere to if it wishes to conduct business with said Participating Agency using the Master Price Agreement.

1.3.3 NPPGov, Public Safety GPO, First Responders GPO, and Law Enforcement GPO provide vendor exposure/marketing and contract utilization support for the successful Proposer’s products and services. Successful Proposers servicing the awarded contract to Participating Agencies shall pay a Contract Administration Fee representing 2% percent of actual net sales under the Master Price Agreement as established in the NPPGov Vendor Administration Agreement (available upon request). Administration fee may not be listed or charged as a separate line item to users of the contract. The value of trade-ins or rebates shall not affect the amount of the administration fee paid to NPPGov.

17.31 1.4 MULTIPLE AWARDS
Multiple awards may be granted to meet the requirements of this Solicitation provided that such awards are differentiated by product make and model, service, and/or distribution regions and capabilities of the successful Proposers. Specifically, the LOC may award separate contracts to Proposers in order to cover all local and national geographical markets, electronic purchasing capabilities, and products and services identified in this Request for Proposal, as well as the diverse and large number of Participating Agencies.

The award of multiple contracts is to be determined upon receipt and review of all proposals, and based upon the general criteria provided herein. The LOC may solicit proposals from local qualified companies with or without a national presence provided that the successful Proposer is able to provide the LOC with the products and services requested. Multiple awards will ensure fulfillment of current and future requirements of the diverse and large number of Participating Agencies. In the event a local Proposer with no national distribution capabilities best meets the proposal selection criteria, multiple local and nationwide responsive proposals may be awarded simultaneously in the best interests of local commerce, compliance with local laws, and the Participating Agencies nationwide.

Proposers should be able to serve the needs of Participating Agencies on a national basis. However, this requirement shall not exclude local Proposers without a national presence that are capable of meeting the requirements of the LOC within the state of Oregon.

1.5 CONTRACT USAGE
The actual utilization of any Master Price Agreement will be at the sole discretion of LOC and the other Participating Agencies. It is the intent of this Request for Proposal and resulting Master Price Agreement that Participating Agencies may buy directly from Successful Proposers without the need for further solicitation. However, Participating Agencies are urged to seek independent review by their legal counsel to ensure compliance with all local and state solicitation requirements as well as the need of further notice prior to utilizing the Master Price Agreement

1.6 BACKGROUND OF NPPGov
NPPGov, owned by two non-profit healthcare organizations, provides group purchasing opportunities and purchasing administrative support for governmental entities and nonprofit institutions within its membership. NPPGov’s membership includes participating public and nonprofit entities across North America.

1.7 EQUAL OPPORTUNITY
The LOC encourages Minority and Women-owned Small Business Proposers to submit proposals.

1.8 QUALIFIED REHABILITATION FACILITIES
Oregon Public Agencies are prohibited from use of products and services offered under this contract that are already provided by qualified nonprofit agencies for disabled individuals as listed on the Department of Administrative Service’s Procurement List pursuant to ORS 279.835 ORS 279.855. Please see www.OregonRehabilitation.org/qrf for more information.

2.0 SCOPE OF WORK:

2.1 REQUIREMENTS OF PROPOSERS SUBMITTING A RESPONSE:

Proposers must present clear and concise evidence indicating Proposer’s ability to comply with the requirements stated herein and to provide and deliver the specified products and services to Participating Agencies.

17.32 2.1.1 PROPOSER COMMITMENTS
Each Proposer is required to commit to low pricing, and accurate and timely reporting to NPPGov pursuant to the reporting requirements identified in the NPPGov Vendor Administration Agreement (available upon request). In addition, successful Proposer(s) with a national presence must commit to marketing of the Master Price Agreement nationwide and that the sales force will be trained, engaged and committed to offering NPPGov pricing to member government agencies nationwide, including the opportunity for NPPGov to train the Vendor sales staff.

2.1.2 PROPOSERS MUST COMPLETE “ATTACHMENT B” – PROPOSER PROFILE WORKBOOK”.

2.2 PRODUCTS AND SERVICES:

2.2.1 Provide a description of the PARK, PLAYGROUND, AND RECREATION EQUIPMENT offered as set forth in ATTACHMENT C. The primary objective is for the Proposer(s) to provide the Proposer(s)’s entire catalog of products and services (“catalog discount”) that are responsive to this RFP so that Participating Agencies may order a broad range of products and services as appropriate for their needs. Anticipated future models and related products/services that may be offered during the term of the resulting Master Price Agreement should also be in included in Vendor’s Proposal.

2.2.2 All products offered must be new, unused and the most current product lines, unless otherwise clearly identified as remanufactured goods.

2.2.3 Describe any special programs that Proposer offers that shall improve the ability of the Participating Agencies to access the products, such as retail store availability, expedited delivery intervals, item sourcing, or other unique plans and services.

2.2.4 Additional Benefits: Proposer shall identify any other added value it offers to the LEAGUE OF OREGON CITIES (“LOC”) and Participating Agencies (e.g. convenience cards, individual/member discounts, additional admin fee, etc.)

2.3 PRICING:

2.3.1 Pricing for the products and services may be based on “ATTACHMENT D” - PRICING SCHEDULE as follows:

A A fixed percentage (%) off marked price based on the Proposer’s catalog or retail store price for each CATEGORY specified in ATTACHMENT D – PRICING SCHEDULE.

Proposer shall identify the catalog used.

Option (A) is preferred. If option (A) is not feasible proposer may use option (B) provided Proposer includes a justification.

B Alternatively, contract pricing may be based upon fixed prices (contingencies for economic price adjustments must be identified in the proposal), or a combination fixed percentage off and firm fixed prices. Proposer may offer additional discounts to LOC and Participating Agencies based on volume.

If proposers are responding with option “B”, proposers may request price increases based on manufacturer costs, cost of labor and/or materials that must be supported by appropriate documentation. If LOC agrees to the price modification, LOC may approve in writing, including electronic mail, without the need for a written amendment to the Master Price Agreement.

17.33 2.3.2 Proposers may also add additional products and services provided that any additions reasonably fall within the intent of the original RFP specifications. Pricing on additions shall be equivalent to the percentage discount for other similar products. Proposer may provide a web-link with current product listings, which may be updated periodically, as allowed by the terms of the resulting Master Price Agreement. Proposer may replace or add product lines to an existing contract if the line is replacing or supplementing products on contract, is equal or superior to the original products offered, is discounted in a similar or to a greater degree, and if the products meet the requirements of the solicitation. No products may be added to avoid competitive procurement requirements. LOC may reject any additions without cause.

2.3.3 Explain any additional pricing incentives that may be available such as large volume purchases, cash terms, or rebates to Participating Agencies. However, steeper discounts are preferred to rebates.

2.3.4 All pricing proposals shall clearly explain how freight and/or delivery costs are determined as described in ATTACHMENT D PRICING SCHEDULE herein.

2.4 TAX:

Proposers shall strictly adhere to all federal, state and local tax requirements applicable to their operation, and to any contract or activity resulting from this Solicitation.

3.0 SPECIAL TERMS & CONDITIONS:

3.1 MASTER PRICE AGREEMENT TERM:

As a result of this Solicitation the successful Proposer(s) shall be awarded a Master Price Agreement for a three (3) year period. The Master Price Agreement may be extended up to a maximum of three (3) additional one (1) year periods.

3.2 MASTER PRICE AGREEMENT ACCESS PROVISIONS
Utilization of the Master Price Agreement will be at the discretion of the LEAGUE OF OREGON CITIES (“LOC”) and Participating Agencies. The LOC shall be under no obligation to purchase off of the Master Price Agreement. Assuming all local competitive solicitation requirements have been met, Participating Agencies may purchase directly from the successful Proposer(s) without the need for further solicitation.

3.3 INDEMNIFICATIONS AND INSURANCE:

Indemnification and insurance requirements will vary based on the nature of the RFP. Proposer is responsible for submitting appropriate indemnification and insurance coverage as applicable.

3.3.1 Indemnification
The successful Proposer shall indemnify the LOC and NPPGov as specified in the Master Price Agreement.

3.3.2 Insurance Requirements.

Proposer(s), at Proposer(s)’s own expense, shall purchase and maintain the herein stipulated minimum insurance from a reputable company or companies duly licensed by the State of Oregon. In lieu of State of Oregon licensing, the stipulated insurance may be purchased from a company or companies that are authorized to do business in the State of Oregon, provided that

17.34 said insurance companies meet the approval of the LOC.

Proposer(s)’s insurance shall be primary insurance with respect to the LOC, and any insurance or self-insurance maintained by the LOC shall not contribute to it.

Award of this Solicitation is contingent upon the required insurance policies and/or endorsements identified herein. The LOC shall not be obligated to review such policies and/or endorsements or to advise Proposer(s) of any deficiencies in such policies and endorsements, and such receipt shall not relieve Proposer(s) from, or be deemed a waiver of the LOC’s right to insist on strict fulfillment of Proposer(s)’s obligations under this RFP.

The insurance policies required by this RFP, except Workers’ Compensation, shall name the LOC, its agents, representatives, officers, directors, officials and employees as an Additional Insured.

The policies required hereunder, except Workers’ Compensation, shall contain a waiver of transfer of rights of recovery (subrogation) against the LOC, its agents, representatives, officers, directors, officials and employees for any claims arising out of Proposer(s)’s work or service.

3.3.3 Commercial, automobile and workers’ compensation insurance.

3.3.3.1 Commercial General Liability. Proposer(s) shall maintain Commercial General Liability Insurance (CGL) and, if necessary, Commercial Umbrella Insurance. The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage including, but not limited to, the liability assumed under the indemnification provisions of the Master Price Agreement.

3.3.3.2 Automobile Liability. Proposer(s) shall maintain Automobile Liability Insurance and, if necessary, Commercial Umbrella Insurance. If hazardous substances, materials, or wastes are to be transported, MCS 90 endorsement shall be included.

3.3.3.3 Workers’ Compensation and Employer’s Liability. Proposer(s) shall carry Workers’ Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction over Proposer(s)’s employees engaged in the performance of the work or services, as well as Employer’s Liability insurance.

In case any work is subcontracted, Proposer(s) will require the SubProposer(s) to provide Workers’ Compensation and Employer’s Liability insurance to at least the same extent as required of Proposer(s).

4.0 SCHEDULE, RESPONSE PREPARATION AND SUBMISSION

4.1 SCHEDULE OF EVENTS

4.1.1 Publication of Request for Proposal
Publication of this Solicitation conforms with ORS 279B, to include Public Notice by publication in a newspaper of general circulation in the area where the LEAGUE OF OREGON CITIES (“LOC”) is located no less than 30 days prior to the proposal due date, as well as posting of the Public Notice on the web site that typically posts Public Notices concerning the LOC.

Sollicitation Notice Publication: OCTOBER 14th , 2020

4.1.2 Question and Answer period

17.35 The LOC will post questions and answers concerning this Solicitation no later than 10 days prior to the proposal due date. All questions shall be submitted in writing via email to 2060, Contract Manager, at [email protected]. The LOC reserves the right to accept and answer questions after the question and answer period has expired. All questions and answers will be posted on the LOC website at www.orcities.org.

4.1.3 Submission of Proposals
There will be no mandatory pre-proposal meeting. All questions must be submitted via email as directed above. If necessary, questions can be submitted in writing to LEAGUE OF OREGON CITIES, c/o Jamie Johnson-Davis, RFP Manager -1567 Edgewater Street NW Salem, OR 97304 or [email protected].

Close date: Deadline for submission of proposals is 5:00 PM PST, on NOVEMBER 30TH, 2020. The LOC must receive all proposals before 5:00 PM PST on the above closing date in the office of the LEAGUE OF OREGON CITIES, c/o Jamie Johnson-Davis, RFP Manager -1567 Edgewater Street NW Salem, OR 97304
Approximate opening date: 9:00 AM PST on DECEMBER 1ST, 2020 at the office of the LEAGUE OF OREGON CITIES, c/o Jamie Johnson-Davis, RFP Manager -1567 Edgewater Street NW Salem, OR 97304
Proposal selection: DECEMBER 1ST, 2020 to DECEMBER 15TH, 2020.

Approximate award date: JANUARY 4TH, 2021.

All responses to this Solicitation become the property of the LOC. Proposers should mark those aspects of the proposal that they consider trade secrets and exempt from public disclosure. The LOC will not be held accountable if parties other than the LOC obtain material from proposal responses without the written consent of the Proposer(s).

4.1.4 Withdrawal of Proposal
The Proposer(s) may withdraw its proposal at any time prior to the hour and date set for the receipt of proposals. Withdrawal will not preclude the submission of another proposal prior to the deadline.

4.2 REVIEW, INQUIRIES AND NOTICES:

4.2.1 The solicitation documents may be reviewed in person at the following address:

LEAGUE OF OREGON CITIES
1201 Court St. NE
Suite 200
Salem, OR 97301
All inquiries concerning information herein shall be addressed to:

LEAGUE OF OREGON CITIES
c/o Jamie Johnson-Davis, RFP Manager
1567 Edgewater Street NW
Salem, OR 97304
Administrative telephone inquiries shall be addressed to:

Mike Cully

17.36 Email inquiries shall be addressed to: [email protected] Inquiries are required to be submitted by email to the Administrative Contact listed above.

No oral communication is binding on the LOC.

4.2.2 Proposal Interpretation of the RFP Documents and Issuance of Addenda If any Proposer(s) finds discrepancy in, or omissions from, or is in doubt to the true meaning of any part of the RFP document, he/she shall submit a written request for a clarification or interpretation thereof to:

LEAGUE OF OREGON CITIES
c/o Jamie Johnson-Davis, RFP Manager
1567 Edgewater Street NW
Salem, OR 97304
Any request for clarification or interpretation must be received at least ten (10) calendar days prior to the RFP closing date.

The LOC is not responsible for any explanation, clarification, interpretation, or approval made or given in any manner, except by addenda. Addenda, if necessary, will be issued not later than five (5) days prior to the RFP closing date by publication on the LOC’s web site and NPPGov website.

Oral interpretations or statements cannot modify the provisions of this Request for Proposal. If inquiries or comments by Proposers raise issues that require clarification by the LOC, or the LOC decides to revise any part of this Request for Proposal, addenda will be published and provided to all persons who receive the Request for Proposal. Receipt of an addendum must be acknowledged by signing and returning it with the proposal.

4.3 INSTRUCTIONS FOR PREPARING AND SUBMITTING PROPOSALS:

Proposers are to provide two (2) hard copies and two (2) electronic copies of the complete proposal.

Each electronic copy is to be submitted on a USB flash drive with the core response in a file less than 10 MB, when possible. Electronic files may be used by the Evaluation Committee so they should be organized and named in an easy to understand manner. Proposers are to address proposals identified with return address, RFP number and title in the following manner:

LOC “PARK, PLAYGROUND, AND RECREATION EQUIPMENT RFP”
#2060

LEAGUE OF OREGON CITIES
c/o Jamie Johnson-Davis, RFP Manager
1567 Edgewater Street NW
Salem, OR 97304
All prices shall be held firm for a period of sixty (60) days after the Solicitation closing date. Any Proposer may withdraw its proposal if a Master Price Agreement has not been executed within sixty (60) days from the RFP closing date.

4.4 EXCEPTIONS AND DEVIATIONS TO THE RFP
The Proposer shall identify and list all exceptions taken to all sections of this RFP and list these exceptions, referencing the section (paragraph) where the exception exists and stating the proposed

17.37 revision. The Proposer shall list these exceptions under the heading, “Exception to the Solicitation, RFP Number 2060.” Exceptions not listed under the heading “Exception to the Solicitation, RFP Number 2060.” shall be considered invalid. The LOC reserves the right to reject exceptions, render the proposal non-responsive, enter into negotiation on any of the Proposer exceptions, or accept any or all exceptions.

The Proposer shall detail any and all deviations from specifications, if any, contained in this Solicitation and Attachments, as requested. The LOC may accept or reject deviations, and all LOC decisions shall be final.

4.5 RESPONSE FORMAT AND CONTENT:

To aid in the evaluation, it is desired that all proposals follow the same general format. The proposals are to be submitted in binders and have sections tabbed as follows:

4.5.1 Letter of Transmittal

4.5.2 Table of Contents

4.5.3 Short introduction and executive summary. This section shall contain an outline of the general approach utilized in the proposal.

4.5.4 The proposal should contain a statement of all of the programs and services proposed, including conclusions and generalized recommendations. Proposals should be all-inclusive, detailing the Proposer’s best offer. Additional related services should be incorporated into the proposal, if applicable.

4.5.5 Qualifications – This section shall describe the Proposer’s ability and experience related to the programs and services proposed.

4.5.6 Exceptions to the Solicitation, RFP Number 2060.

4.5.7 PRICING SCHEDULE (“ATTACHMENT D”).

4.5.8 PROPOSER PROFILE WORKBOOK (“ATTACHMENT B”).

4.5.9 Complete, Current Catalog Pricing shall be submitted on a USB flash drive.

4.5.10 Format Proposal to specifically address each individual sub-section and sub-set of the SCOPE OF WORK (Section 2.0).

4.5.11 Signed Addenda, if any.

4.5.12 Proposal Final Certification.

5.0 EVALUATION AND POST SUBMISSION

5.1 EVALUATION OF PROPOSAL – SELECTION FACTORS:

LOC will evaluate each Proposal and prepare a scoring of each Proposal. Each Proposal received and reviewed shall be awarded points under each criterion solely on the judgment and determination of the Evaluation Committee and the LOC. There is a maximum score of 500 points and Proposer’s average total score must be at least 200 points for consideration of an award. Proposals will be evaluated on the following criteria and further defined in the Proposal Evaluation Form (ATTACHMENT E) utilizing the point system indicated on the form:
1) Pricing 2) Product Line (within each category) 3) Marketing 4) Customer Service 5) Proven

17.38 Experience & References 6) Coverage 7) Conformance At the LOC’s discretion, Proposers may be invited to make presentations to the Evaluation Committee.

LOC reserves the right to make multiple awards to meet the national membership needs of this Solicitation.

5.1.1 Additional criteria/preferences that are not necessarily awarded points.

5.1.1.1 Pursuant to ORS 279A.128, Lead Contracting Agency shall give preference to goods fabricated or processed within state or services performed within state.

5.1.1.2 Pursuant to ORS 279A.125, Lead Contracting Agency shall give preference to the procurement of goods manufactured from recycled materials.

5.1.1.3 Pursuant to ORS 279A.120, Lead Contracting Agency shall give preference to goods and services that have been manufactured or produced within the State of Oregon if price, fitness, availability and quality are otherwise equal; and the Lead Contracting Agency shall add a percent increase to the proposal of a nonresident Proposer equal to the percent, if any, of the preference given to the Proposer in the state in which the Proposer resides. All Proposers shall identify the state to which it is a resident bidder.

5.1.1.4 Lead Contracting Agency shall consider proposals for printing, binding and stationary work in accordance with ORS 282.210, incorporated herein by this reference.

5.1.1.5 Proposer shall comply with all federal, state and local laws applicable to the work under the Master Price Agreement awarded as a result of this Solicitation, including, without limitation, the provisions of ORS 279A and ORS 279B, including those provisions set forth on “ATTACHMENT F”, attached hereto and incorporated herein by this reference.

5.1.1.6 Pursuant to Section 1.7, the Lead Contracting Agency encourages Minority and Women-owned Small Business Proposers to submit proposals.

5.2 RIGHT OF LEAGUE OF OREGON CITIES TO AWARD OR REJECT PROPOSALS

5.2.1 The Request for Proposal does not commit the LOC to award a Master Price Agreement for the products or services specified within the Request for Proposal document. The LOC may cancel the procurement or reject any or all proposals in accordance with ORS 279B.100. Under no circumstance will the LOC pay the costs incurred in the preparation of a response to this request.

5.2.2 The LOC reserves the right to:

5.2.2.1 Accept or reject any or all proposals and proposal terms and conditions received as a result of the Request for Proposals;

5.2.2.2 Accept a proposal and subsequent offers for a Master Price Agreement from proposer(s) other than the lowest cost proposer;

5.2.2.3 Waive or modify any irregularities in proposals received after prior notification to the Proposer(s).

5.2.3 The award, if there is one, will be made to that Proposer(s) who is determined to be the most qualified, responsible and responsive within a competitive price range based upon the evaluation of the information furnished under this RFP.

5.3 PROTEST PROCESS
A prospective Proposer may protest the procurement process of the Solicitation for an Agreement solicited under ORS 279B. Before seeking judicial review, a prospective Proposer must file a written

17.39 protest with the LOC and exhaust all administrative remedies. Written protests must be delivered to the LOC at c/o Jamie Johnson-Davis, RFP Manager -1567 Edgewater Street NW Salem, OR 97304 not less than ten (10) days prior to the date upon which all proposals are due. The written protest shall contain a statement of the desired changes to the procurement process or Solicitation document that the protester believes will remedy the conditions upon which the protest is based. The LOC shall consider the protest if it is timely filed and meets the conditions set forth in ORS 279B.405. The LOC shall respond pursuant to ORS 279B.405. If the LOC upholds the protest, in whole or in part, the LOC may in its sole discretion either issue an Addendum reflecting its disposition or cancel the procurement or solicitation. The LOC may extend the due date of proposals if it determines an extension is necessary to consider and respond to the protest.

A Proposer may protest the Award of the Contract, or the intent to Award the Contract, if the conditions set forth in ORS 279B.410 are satisfied. Judicial review of the protest and the LOC’s decision shall be governed by ORS 279B.415.

5.4 NON-ASSIGNMENT
If a Master Price Agreement is awarded, Proposer shall not assign the Agreement in part or in total.

5.5 POST AWARD MEETING:

The successful Proposer(s) may be required to attend a post-award meeting with the LOC to discuss the terms and conditions of the Master Price Agreement.

5.6 PROPOSAL FINAL CERTIFICATION
The Proposer must certify the following:
a) I hereby certify that the Proposal contained herein fully and exactly complies with the instruction for proposers and specifications as they appear in this Notice of Solicitation. b) I hereby further certify that I am authorized by the Board of Directors or Corporate Officers of the Corporation to sign the Requests for Proposals and proposals in the name of the corporation listed below:

Proposer Name: ____________________________________________ Signature: _________________________________________________ Name Typed: ______________________ Title: ___________________ Proposer is a resident bidder of the state of _______________________ Date: _____________________

17.40 ATTACHMENT A

INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT
(The Intergovernmental Cooperative Purchasing Agreement is not attached hereto, but the current version is available upon request from the Lead Public Agency)
(The Intergovernmental Cooperative Purchasing Agreement is incorporated by reference herein)

17.41 ATTACHMENT B
Proposer Profile Workbook to be completed by all responders as directed herein (fillable form available upon request)

1.0 GENERAL QUESTIONS:

Section 1.1 only to be completed by vendors with a national presence; i.e. vendors with a sales territory in 25 states or more.

1.1 The “Yes” or “No” questions below are to help evaluators familiarize themselves with national vendors.

Indicate “Yes” or “No” as it applies to your company.
 Do you have a national sales force adequate in size to meet the demands of multiple agencies and their unique needs for the products and services listed herein? Yes No
 Do you have a national distribution network that will support sales resulting from this RFP? Yes No
 Can you provide product availability to meet the requirements for materials and services listed herein for government and nonprofit agencies nationwide in a timely manner? Yes No
 Does your company have the ability to provide toll-free telephone/fax access, and an online presence? Yes No
 Can you provide a single point of contact (National Account Manager) to interact with the lead agency and NPPGov staff?
Yes No
 Are you a strong competitor in the industry with a minimum of three consecutive years of demonstrated success in all business practices and pursuits?
Yes No

1.2 Provide at least three references of government agencies within the United States that have purchased products/services from Proposer similar to those specified in this solicitation within the last year. If proposed products/services are new to market, please use most similar business references available. Include:

Agency name and address
Contact name, phone and email
Description of products/services sold and date.

LOC may use other information, however learned, in evaluation of the response.

1.3 OPTIONAL: If a Dun and Bradstreet Comprehensive Report (or similar) for your company is available, please submit it with your response.

1.4 OPTIONAL: Attach any case studies, white papers and/or testimonials supporting your company and products/services.

17.42 2.0 ABOUT PROPOSER:

2.1 State of incorporation:

2.2 Federal Tax Identification Number:

2.3 If applicable to the product(s) and/or service(s), describe the Proposer’s ability to conduct Ecommerce or online ordering. [Insert response in box below]

2.4 Describe Proposer’s system for processing orders from point of customer contact through delivery and billing. [Insert response in box below]

2.5 Describe Proposer’s ability to provide detailed electronic reporting of quarterly sales correlated with NPPGov Member ID numbers of Participating Agency purchases as set forth in Addendum A to Vendor Administration Agreement (VAA), a copy of which is available upon request from the LOC. [Insert response in box below]

2.6 Describe the capacity of Proposer to meet Minority and Women Business Enterprises (MWBE) preferences, which may vary among Participating Agencies. [Insert response in box below]

2.7 Proposer acknowledges compliance with Davis Bacon wage requirements where labor is concerned by indicating “yes” or “no” below.

2.8 By submitting a Proposal in response to this RFP, Proposer agrees, if applicable, to comply with all applicable provisions of Title 2, Subtitle A, Chapter II, PART 200—UNIFORM ADMINISTRATIVE

REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS contained in Title 2 C.F.R. § 200 et seq. Indicate “yes” or “no” below.

2.9 Complete Exhibit 1, located at the end of this workbook.

17.43 3.0 DISTRIBUTION SYSTEM:

3.1 Describe distribution of products and/or services available in Proposer’s response through Proposer’s distribution system (including Alaska and Hawaii), including any limitations. [Insert response in box below]

3.1.A Is it your intent to offer the proposed products and/or services through a designated distribution/dealer network, indicate “yes” or “no” below? YES NO

3.2 Provide Proposer’s shipping and delivery policy, including standard delivery time and any options and costs for expedited delivery and return policies. [Insert response in box below]

3.3 Third party and/or subcontracting may be allowed. If applicable, detail the sub-contracting process (ordering, shipment, invoicing, billing) for those products not carried in Proposer’s distribution center.

Alternatively, if proposer utilizes a third-party ordering, shipment, invoicing or billing partner, please describe in detail. [Insert response in box below]

3.4 What is Proposer’s backorder policy? Is your policy to classify as “immediate or cancel” (requiring the Participating Agency to reorder if item is backordered) or “good until cancelled”? [Insert response in box below]

3.5 Indicate whether the Proposer has any dealer or distributors that are authorized to fulfil purchases? Yes No
[Check one]

3.6 If answered yes to 3.5, include a copy of or link to authorized dealers or distributors.

17.44 4.0 MARKETING:

4.1 Outline Proposer’s plan for marketing the Products and Services to the Participating Agencies on a local and national basis. Include any marketing incentives such as committed dollars for advertising, conferences/travel and custom marketing materials. [May attach marketing plan or insert response in box below]

4.2 Explain how Proposer will educate its local and national sales force about the use of the Master Price Agreement. [Insert response in box below]

4.3 Indicate the Proposer’s willingness to allow training to its local and national sales force about the use of the Master Price Agreement. [Insert response in box below]

5.0 POINT OF CONTACT:

Proposer POC who will administer, coordinate, and manage this program with NPPGov and the LEAGUE OF OREGON CITIES:

Contact Person: Title:

Mailing Address:

City: State & Zip:

Email Address:

Phone #: Fax #:

Attach current resume of National Account Manager that will be the POC managing this contract.

17.45 6.0 CUSTOMER SUPPORT SERVICES:

Explain Proposer’s policy regarding each of the following if applicable to product(s) and/or service(s):

6.1 Auditing for order completeness. [Insert response in box below]

6.2 Replacement policy (i.e., damaged or defective goods). [Insert response in box below]

6.3 Minimum order requirement (e.g., Individual item vs. case lot). [Insert response in box below]

6.4 Customer service hours/days of operation [Insert response in boxes below] Monday: Tuesday: Wednesday: Thursday: Friday: Saturday: Sunday:

6.5 Special Orders. [Insert response in box below]

6.6 Post sale services issues. [Insert response in box below]

6.7 Repair services, including repair warranty programs, if any. Proposer shall identify, where applicable, authorized factory repair facilities that will honor the warranty of items on contract. [Insert response in box below]

6.8 Technical support services Proposer provides. [Insert response in box below]

6.9 Product substitution policy. [Insert response in box below]

6.10 Identify trade-in program criteria (if applicable). [Insert response in box below]

6.11. After hours service (including weekends and holidays) [Insert response in boxes below] Monday: Tuesday: Wednesday: Thursday: Friday: Saturday: Sunday:

6.12 Shipment tracking. [Insert response in box below]

6.13 Back order tracking process. [Insert response in box below]

17.46 6.14 Return Item process, including any/all associated fees (e.g., restocking, shipping, turnaround time on returns). [Insert response in box below]

6.15 Electronic billing. [Insert response in box below]

6.16 Explain how Proposer will resolve complaints, issues, or challenges. [Insert response in box below]

6.17 Other services not already covered. [Insert response in box below]

17.47 7.0 DELIVERY AND FREIGHT CHARGES:

7.1 Identify delivery and/or shipping costs or provide a shipping rate schedule based on weight, item, and/or destination for all items ordered within the continental U.S. (and Hawaii/Alaska). The Proposer shall identify all exceptions to this shipping rate schedule. [Insert response in box below]

7.2 Identify policy for transfer of product ownership (delivery) and damage/issue resolution. [Insert response in box below]

8.0 VENDOR TERMS AND CONDITIONS.

8.1 Does Proposer require that customers/Participating Agencies agree to standard terms and conditions related to their purchase? Yes No [Circle one]

8.2 If answered yes to 8.1, include a copy of or link to terms and conditions.

9.0 WARRANTY INFOMATION:

9.1 Identify warranty options, if applicable. [Insert response in box below]

17.48 Exhibit 1
PARK, PLAYGROUND, AND RECREATION EQUIPMENT Coverage

RETAIL, DISTRIBUTION AND SERVICE/SUPPORT LOCATIONS
Number of retail
stores in each state?
(leave blank for
none)
Number of
distribution centers
in each state?
(leave blank for
none)
Number of support
locations in each
state? (leave blank
for none)

ALABAMA
ALASKA

ARIZONA

ARKANSAS

CALIFORNIA

COLORADO

CONNECTICUT

DELAWARE

FLORIDA

GEORGIA
HAWAII
IDAHO

ILLINOIS

INDIANA
IOWA
KANSAS

KENTUCKY

LOUISIANA
MAINE

MARYLAND

MASSACHUSETTS

MICHIGAN

MINNESOTA

MISSISSIPPI

MISSOURI

MONTANA

NEBRASKA
NEVADA

NEW HAMPSHIRE

NEW JERSEY

NEW MEXICO

NEW YORK

NORTH CAROLINA

NORTH DAKOTA
OHIO

OKLAHOMA
OREGON

PENNSYLVANIA

17.49 Number of retail stores in
each state? (leave blank
for none)
Number of distribution
centers in each state?
(leave blank for none)
Number of support
locations in each state?
(leave blank for none)

RHODE ISLAND

SOUTH CAROLINA

SOUTH DAKOTA

TENNESSEE
TEXAS
UTAH

VERMONT

VIRGINIA

WASHINGTON

WEST VIRGINIA

WISCONSIN

WYOMING

17.50 THE FORM LISTED BELOW MUST BE SIGNED AND RETURNED WITH SOLICITATION RESPONSE

17.51 Exhibit 2
Declaration of Non-Collusion
The undersigned does hereby declare that there has been no collusion between the undersigned, the LEAGUE OF OREGON CITIES, and National Purchasing Partners, and in further support of said Declaration, states as follows:

The person, firm, association, co-partnership or corporation herein named has not, either directly or indirectly, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding or solicitation in the preparation and submission of a proposal to the LEAGUE OF OREGON CITIES for consideration in the award of a contract or Master Price Agreement negotiated as a result of this Request for Proposal.

DATED this ______ day of _____________, _______.

(Name of Firm)
By:
(Authorized Signature)
Title:

17.52 ATTACHMENT C

SPECIFICATIONS

PARK, PLAYGROUND, AND RECREATION EQUIPMENT
These specifications are intended to cover the complete range of PARK, PLAYGROUND, AND RECREATION EQUIPMENT. Several categories are included below but are in no means intended to limit the Proposer to responding to just these categories if there are other related products and services that Proposer would like to be considered for the award.

Proposers should respond with pricing for all products and services they wish to be considered in the evaluation for a possible award and master price agreement.

The following categories are provided to indicate the intended extent of the RFP but do not necessarily represent the format of the Proposer’s response. Proposers may combine any and all categories and elements in a format that is most appropriate to represent their business in their response.

NOTE: Proposers are not required to respond to all categories. Proposals will only be evaluated based on the categories to which they respond.

CATEGORY 1: SCHOOL AGE PLAYGROUNDS AND COMPONENTS: Including but not limited to climbers, tubes, ramps, slides, ladders, bridges, panels, enclosures, barriers, swings, towers, decorative accessories, etc.

CATEGORY 2: AQUATIC & OTHER PLAYGROUNDS AND COMPONENTS:

Including but not limited to climbers, tubes, ramps, slides, ladders, bridges, panels, enclosures, barriers, swings, towers, decorative accessories, etc.

CATEGORY 3: SHELTERS AND SHADE STRUCTURES: Including but not limited to shelters, pavilions, shades, gazebos, pergolas, etc.

CATEGORY 4: OUTDOOR FITNESS EQUIPMENT: Including but not limited to cardio equipment, resistance equipment, lifting equipment, beams, bars, benches, steps, etc.

CATEGORY 5: SAFETY SURFACING: Including but not limited to wood fiber, rubber, sand, synthetic turf, etc.

CATEGORY 6: SITE AMENITIES: Including but not limited to benches, bike racks, tables, trash cans, etc.

CATEGORY 7: INSTALLATION of park and playground equipment, surfaces, amenities and related items
CATEGORY 8: OTHER: Other Park and Playground Equipment, Surfaces & Amenities not included in other categories including but not limited to soccer goals, basketball hoops, batting cages, field game equipment, etc.

17.53 ATTACHMENT D

PRICING SCHEDULE
The intent is for each Proposer to submit their complete product line so that Participating Agencies may order a wide array of products and services as appropriate for their needs. Proposer is encouraged but is not required to respond to all categories. Proposer may suggest additional categories and sub-categories as applicable. Proposer may subcontract items Proposer does not supply.

The Proposer should not necessarily limit the proposal to the performance of the services in accordance with this document but should outline any additional services and their costs if the Proposer deems them necessary to accomplish the program.

Pricing and resulting relative discount to LOC and NPPGov membership shall be clearly delineated on each proposal. Contract admin fee (established in the “Requirements” Section of the RFP) may not be listed or charged as a separate line item to users of the contract. Contract pricing shall be based upon:
1) Fixed discount(s) off published price list(s) or catalog(s) 2) Firm fixed price with economic adjustment (contingencies for economic price adjustments must be identified in the proposal)
3) A combination of the above.

EXAMPLE

PARK, PLAYGROUND, AND RECREATION EQUIPMENT
Product Category Percentage (%) off List
Price*
(OR fixed price if % off
pricing is not available)

SCHOOL AGE PLAYGROUNDS &

COMPONENTS

AQUATIC & OTHER PLAYGROUNDS &

COMPONENTS

SHELTERS AND SHADE STRUCTURES

OUTDOOR FITNESS EQUIPMENT

SAFETY SURFACING

SITE AMMENITIES

INSTALLATION
OTHER
Options
Proposers shall provide pricing on all options, modifications, and accessories in a format that best represents their product line and pricing structure. This may include specific pricing for some options and may also include general pricing/discounts for categories of options. Proposer may also indicate availability and pricing of all other non-specified options. The intent is to provide Proposers the opportunity to present as much product as possible in the format that fits within their individual formatting needs so that the resulting award allows LOC and NPPGov members the greatest number of procurement options.

Miscellaneous
Proposers should include any applicable pricing information related to Section 2.3 of the RFP including but not limited to: large volume purchases, cash terms, rebates, freight/delivery costs and individual discounts.

17.54 ATTACHMENT E

PROPOSAL EVALUATION FORM
Proposals will be evaluated using a two-step process.

The first step evaluates the responsiveness of the proposer and determines 1) if the proposer is deemed fully responsive enabling the proposal to move to the second step and 2) if the proposal will be evaluated as a local response (within the State of Oregon), regional response (covering multiple States, but not the entire US) or a national response (covering the entire US, or at least the continental US).

The second step of the evaluation process will only occur with proposals deemed fully responsive from the first step. The second step fully evaluates the proposer’s response based on the criteria found in the proposal evaluation form.

STEP 1
Proposal Responsiveness
Component YES NO
Submitted on time
Company name and RFP number on outermost
packaging
Completed Proposer Profile Workbook (PPW)
Included pricing structure
Included references
Proposal signed
Deemed Fully Responsive YES NO
Categorized as Local, Regional or National Local Regional National

17.55 Proposal Evaluation Form
STEP 2
Full Evaluation of Proposal
Point Value Definitions
(5) Exceeded Requirements - Compelling Detail, Showed Ability to Complete (4) Met Requirements - Thorough, Provided Supportive Material/Examples (3) Satisfied Requirements - Sufficient
(2) Unclear if Requirements Met - Poor or Confusing
(1) Did Not Comply with Requirements - Substandard or Blank

Component Evaluated Weight Possible
Points
(1-5)
Total
Points
(Weight
x PP)
Evaluator’s Comments
Pricing: Product price and
discounts proposed included
favorable pricing for
cooperative purchasing.

Shipping conditions.

PPW Section 7.0 and Pricing
structure.
25 Comments:

Product Line (Score only
categories proposed):

Breadth, variety, quality of
product line and innovation
of products. Warranty
availability.

PPW Section 9.0.
15 Comments:

Marketing: Marketing plan
to promote the resulting
contractual agreement and
ability to incorporate use of
agreement in their sales
system throughout indicated
coverage region.

Willingness to allow
training of salesforce.

PPW Section 4.0.
15 Comments
Customer Service: Support
dedicated to Participating
Agencies. Ability to meet
promised delivery timelines.

Additional services offered.

Conduct e-commerce.

PPW Sub-Sections 2.3 & 2.4
and Section 6.0.
15 Comments:

17.56 Proven Experience: Success
in providing products and
services in a timely manner.

Years in business,
references and reputation.

Experience with cooperative
purchasing.

PPW Sub-Section 1.2.
15 Comments:

Coverage: Ability to provide
products and services for
indicated coverage region
including distribution, retail
& service facilities,
coordination of
manufacturer and
distribution, and staff
availability. Clearly states
distribution model and
provides dealer list if
applicable.

PPW Section 3.0 and Exhibit 1.
10 Comments:

Conformance: Completeness
of proposal and the degree
to which the Proposer
responded to the terms and
all requirements and
specifications of the RFP.

Followed the response
format and content, was
clear and easily understood.

Provided Term’s and
Condition’s, if applicable.

PPW Section 8.0 and 4.5 of
RFP.
5 Comments:

TOTAL 100
General Comments:

Name of Evaluator _________________________
Signature _________________________________
Date _________________

17.57 ATTACHMENT F

OREGON REVISED STATUTES (AS MAY BE AMENDED) REQUIREMENTS Successful Proposer (Contractor) shall comply with the requirements of this ATTACHMENT F to the extent required by any applicable federal or state law.
(1) Contractor shall pay promptly, as due, all persons supplying labor or materials for the performance of the work provided for in the contract and shall be responsible for such payment of all persons supplying such labor or material to any Subcontractor.
(2) Contractor shall promptly pay all contributions or amounts due the Industrial Accident Fund from such Contractor or Subcontractor incurred in the performance of the contract. (3) Contractor shall not permit any lien or claim to be filed or prosecuted against the LOC or any Participating Agency on account of any labor or material furnished and agrees to assume responsibility for satisfaction of any such lien so filed or prosecuted.
(4) Contractor and any Subcontractor shall pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167
(5) If Contractor fails, neglects or refuses to make prompt payment of any claim for labor or materials furnished to the Contractor or a Subcontractor by any person in connection with the contract as such claim becomes due, the LOC or any Participating Agency may pay such claim to the persons furnishing the labor or material and charge the amount of payment against funds due or to become due Contractor by reason of the contract. The payment of a claim in the manner authorized hereby shall not relieve the Contractor or Contract surety from Contractor or its obligation with respect to any unpaid claim. If the LOC or any Participating Agency is unable to determine the validity of any claim for labor or material furnished, the District may withhold from any current payment due Contractor an amount equal to said claim until its validity is determined and the claim, if valid, is paid. (6) Contractor shall promptly, as due, make payment to any person, co-partnership, association, or corporation, furnishing medical, surgical and hospital care services or other needed care and attention, incident to sickness or injury, to employees of such Contractor, of all sums which the Contractor agrees to pay for such services and all monies and sums which the Contractor collected or deducted from the wages of employees pursuant to any law, contract or agreement for the purpose of providing or paying for such service. (7) In a contract for personal services, contractor shall pay employees at least time and half for all overtime worked in excess of 40 hours in any one week under the contract in accordance with ORS 653.010 to 653.261 and the Fair Labor Standards Act of 1938 (29 USC 201, et seq.). In contracts for services, contractors shall pay employees at least time and a half pay for work performed on the legal holidays specified in a collective bargaining agreement or in ORS 279B.020(1)(b)(A) to (G) and for all time worked in excess of 10 hours in any one day or in excess of 40 hours in any one week, whichever is greater.
(8) The Contractor must give notice in writing to employees who work on this contract, either at the time of hire or before commencement of work on the contract, or by posting a notice in a location frequented by employees, of the number of hours per day and the days per week that the employees may be required to work. (9) All subject employers working under the contract are either employers that will comply with ORS 656.017, or employers that are exempt under ORS 656.126.
(10) All sums due the State Unemployment Compensation Trust Fund from the Contractor or any Subcontractor in connection with the performance of the contract shall be promptly so paid. (11) The contract may be canceled at the election of LOC for any willful failure on the part of Contractor to faithfully perform the contract according to its terms.

17.58 (12) Contractor certifies compliance with all applicable Oregon tax laws, in accordance with ORS 305.385. (13) Contractor certifies that it has not discriminated against minorities, women, emerging small business enterprises certified under ORS 200.055, or business enterprises owned or controlled by or that employ a disabled veteran in obtaining any required subcontractors.

17.59 ATTACHMENT G

WIPHE RESPONSE FORM

THIS FORM MUST BE RETURNED WITH SOLICITATION RESPONSE
Vendor servicing Washington State AGREES to sell items included in this solicitation to WIPHE institutions at prices offered, unless otherwise noted below:
________ DOES NOT agree to sell to WIPHE Institutions.
________ AGREES to sell to WIPHE Institutions at same prices and discounts, with the following exceptions: (attach additional pages as necessary)
Vendor must state geographic areas or specific institution(s) listed below within the State of Washington that are EXCLUDED from the contract(s) resulting from this solicitation:

Washington Institutions of Public Higher Education (WIPHE). See list on following page.

If Vendor agrees to sell to the WIPHE Institutions, a WIPHE Contract number will be assigned and the information will be reported to the Council of Presidents. The Council of Presidents notifies all the other schools when a WIPHE contract has been awarded and a master list will be maintained and the WIPHE website updated.

WIPHE shall determine, at its absolute discretion, whether it shall accept and/or utilize the contract resulting from the Request for Proposal

17.60 Washington Institutions of Public Higher Education (WIPHE)

FOUR-YEAR UNIVERSITIES

CENTRAL WASHINGTON UNIVERSITY

EASTERN WASHINGTON UNIVERSITY

THE EVERGREEN STATE COLLEGE

UNIVERSITY OF WASHINGTON

WASHINGTON STATE UNIVERSITY

WESTERN WASHINGTON UNIVERSITY
COMMUNITY AND TECHNICAL COLLEGES:

BATES TECHNICAL COLLEGE

BELLEVUE COMMUNITY COLLEGE

BELLINGHAM TECHNICAL COLLEGE

BIG BEND COMMUNITY COLLEGE

CASCADE COMMUNITY COLLEGE

CASCADIA COLLEGE

CENTRALIA COLLEGE

CLARK COLLEGE

CLOVER PARK TECHNICAL COLLEGE

COLUMBIA BASIN COLLEGE

EDMONDS COMMUNITY COLLEGE

EVERETT COMMUNITY COLLEGE

GRAYS HARBOR COLLEGE

GREEN RIVER COMMUNITY COLLEGE

HIGHLINE COMMUNITY COLLEGE

LAKE WASHINGTON TECHNICAL COLLEGE

LOWER COLUMBIA COLLEGE

OLYMPIC COLLEGE

PENINSULA COLLEGE

PIERCE COLLEGE

RENTON TECHNICAL COLLEGE

SEATTLE CENTRAL COMMUNITY COLLEGES

SHORELINE COMMUNITY COLLEGE

SKAGIT VALLEY COLLEGE

SOUTH PUGET SOUND COMMUNITY COLLEGE

SPOKANE COMMUNITY COLLEGES

STATE BOARD FOR TECHNICAL & COMMUNITY

COLLEGES

WENATCHEE VALLEY COLLEGE

YAKIMA VALLEY COMMUNITY COLLEGE

WHATCOM COMMUNITY COLLEGE

17.61 Miscellaneous local agencies within Washington State*

ADAMS COUNTY
PUYALLUP SCHOOL DIST 3

KITSAP COUNTY
FIFE SCHOOL DIST 417
RIVERVIEW SCHOOL DIST 407

GONZAGA UNIVERSITY

PLANNED PARENTHOOD OF WESTERN

WASHINGTON

SNOHOMISH COUNTY

MASON COUNTY

FEDERAL WAY SCHOOL DIST

SPOKANE COUNTY
ISSAQUAH SCHOOL DIST 411

ADAMS COUNTY FIRE DISTRICT

ADAMS COUNTY HEALTH DISTRICT

AFFILIATED HEALTH SERVICES

ALDERWOOD WATER DISTRICT

ANACORTES PORT OF
ANACORTES SCHOOL DISTRICT 103

ANNAPOLIS WATER DISTRICT

ASOTIN COUNTY
AUBURN SCHOOL DISTRICT 408
BAINBRIDGE IS SCHOOL DISTRICT 303

BAINBRIDGE ISLAND FIRE DEPARTMENT

BAINBRIDGE ISLAND PARKS
BATTLE GROUND SCHOOL DISTRICT 119
BELLEVUE SCHOOL DISTRICT 405

BELLINGHAM PORT OF
BELLINGHAM SCHOOL DISTRICT 501

BENTON COUNTY

BENTON COUNTY FIRE DISTRICT

BENTON COUNTY PUD

BENTON FRANKLIN COUNTY

BENTON FRANKLIN PRIVTE INDUST CNCL

BENTON PORT OF
BETHEL SCHOOL DISTRICT 403

BIG BROTHERS BIG SISTERS OF KING CO

BIRCH BAY WATER & SEWER DISTRICT

BLANCHET SCHOOL DISTRICT

BREMERTON KITSAP CO HEALTH DISTRICT

BREMERTON PORT OF
BREMERTON SCHOOL DISTRICT 100
BURLINGTON EDISON SCHOOL DIST 100

CANCER RESEARCH AND BOISTATISTICS

CASCADE BLUE MT FD SHR

CASCADE IRRIGATION DISTRICT
CASHMERE SCHOOL DISTRICT 222

CATHOLIC COMM SVCS OF KING CO
CENTRAL KITSAP SCHOOL DISTRICT 401

CENTRAL WAS COMP MENTAL HEALTH
CENTRALIA SCHOOL DISTRICT 40
CHEHALIS SCHOOL DISTRICT 302

CHELAN COUNTY

CHELAN COUNTY COMMUNITY HOSPITAL

CHELAN COUNTY FIRE DISTRICT
CHELAN COUNTY PUD 1

CHELAN DOUGLAS COUNTY HEALTH DIST

CHENEY CARE CENTER

CHILD CARE RESOURCE & REFERRAL

CHILDRENS THERAPY CENTER
CHIMACUM SCHOOL DISTRICT 49

CLALLAM COUNTY

CLALLAM COUNTY FIRE DISTRICT

CLALLAM COUNTY HOSPITAL DISTRICT

CLALLAM COUNTY PUD

CLARK COUNTY

CLARK COUNTY FIRE DISTRICT

CLARK COUNTY PUD
CLE ELUM-ROSLYN SCHOOL DISTRICT 404
CLOVER PARK SCHOOL DISTRICT 400

CNTRL WHIDBEY FIRE & RESCUE

COAL CREEK UTILITY DISTRICT

COALITION AGAINST DOMESTIC VIOLENCE

COLUMBIA COUNTY

COLUMBIA IRRIGATION DISTRICT

COLUMBIA MOSQUITO CONTROL DISTRICT

COMMUNITY CHRISTIAN ACADEMY

COMMUNITY PSYCHIATRIC CLINIC

COMMUNITY TRANSIT

CONFEDERATED TRIBES OF CHEHALIS

CONSOLIDATED DIKING IMPROVEMENT DIST

CONSOLIDATED IRRIGATION

COWLITZ COUNTY

COWLITZ COUNTY FIRE DISTRICT

COWLITZ COUNTY PUD

CROSS VALLEY WATER DISTRICT
DAYTON SCHOOL DISTRICT 2

DOUGLAS COUNTY

DOUGLAS COUNTY FIRE DISTRICT

DOUGLAS COUNTY PUD

DRUG ABUSE PREVENTION CENTER

E COLUMBIA BASIN IRRIGATION DIST

EAST WENATCHEE WATER
EATONVILLE SCHOOL DIST 404
EDMONDS SCHOOL DISTRICT 15
EDUCATIONAL SERVICE DIST 114
EDUCATIONAL SERVICE DISTRICT 113
ELLENSBURG SCHOOL DIST 401

ENUMCLAW SCHOOL DIST

EVERETT PORT OF

EVERETT PUBLICE FACILITIES DIST

EVERGREEN MANOR INC
EVERGREEN SCHOOL DIST 114

FEDERAL WAY FD

FERRY COUNTY

FERRY COUNTY PUBLIC HOSPITAL

FERRY OKAHOGAN FPD

FOSS WATERWAY DEVELOPMENT AUTHORITY

FRANKLIN COUNTY

FRANKLIN COUNTY PUD

17.62 FRANKLIN PIERCE SCHOOL DIST 402

FRIDAY HARBOR PORT OF
GARDENA FARMS IRRIGATION DIST 13

GARFIELD COUNTY

GRAND COULEE PROJECT
GRANDVIEW SCHOOL DIST 116/200
GRANITE FALLS SCHOOL DIST 332

GRANT COUNTY

GRANT COUNTY HEALTH DIST

GRANT COUNTY PUD

GRAYS HARBOR COUNTY

GRAYS HARBOR COUNTY FIRE DIST
GRAYS HARBOR COUNTY PUD # 1

GRAYS HARBOR PORT OF

GRAYS HARBOR PUB DEV AUTH

GRAYS HARBOR TRANSIT
GRIFFIN SCHOOL DIST 324

HARBORVIEW MEDICAL CENTER

HAZEL DELL SEWER DIST

HEALTHY MOTHERS HEALTHY BABIES COAL
HIGHLINE SCHOOL DIST 401

HIGHLINE WATER DIST

HOMESIGHT

HOPELINK
HOQUIAM SCHOOL DIST 28

HOUSING AUTHORITY OF PORTLAND

ILWACO PORT OF
INCHELIUM SCHOOL DIST 70

ISLAND COUNTY

ISLAND COUNTY FIRE DIST

JEFFERSON COUNTY

JEFFERSON COUNTY FIRE DIST

JEFFERSON COUNTY LIBRARY

JEFFERSON COUNTY PUD

JEFFERSON GENERAL HOSPITAL

KARCHER CREEK SEWER DIST
KELSO SCHOOL DIST 458

KENNEWICK GENERAL HOSPITAL
KENNEWICK SCHOOL DISTRICT 17
KENT SCHOOL DIST 415
KETTLE FALLS SCHOOL DIST 212

KING COUNTY

KING COUNTY FIRE DIST

KING COUNTY HOUSING AUTHORITY

KING COUNTY LIBRARY

KING COUNTY WATER SEWER

KINGSTON PORT OF

KITSAP COUNTY FIRE & RESCUE

KITSAP COUNTY LIBRARY
KITSAP COUNTY PUD 1

KITTITAS COUNTY

KITTITAS COUNTY PUD

KITTITAS COUNTY RECLAMATION DIST

KLICKITAT COUNTY

KLICKITAT COUNTY PUD

LAKE CHELAN RECLAMATION DIST
LAKE STEVENS SCHOOL DIST 4
LAKE WASHINGTON SCHOOL DIST 414

LAKEHAVEN UTILITY DIST
LAKEWOOD SCHOOL DIST 306
LEWIS CO PUD 1

LEWIS COUNTY

LEWIS COUNTY FIRE DIST

LEWIS PUBLIC TRANSPORTATION

LIBERTY LAKE SEWER & WATER DIST

LINCOLN COUNTY

LINCOLN COUNTY FIRE DIST

LONGVIEW PORT OF
LONGVIEW SCHOOL DIST 122

LOTT WASTEWATER ALLIANCE

LUMMI INDIAN NATION

MANCHESTER WATER DIST
MARYSVILLE SCHOOL DIST 25

MASON COUNTY FIRE DIST

MASON COUNTY PUD
MEAD SCHOOL DIST 354

METRO PARK DISTRICT OF TACOMA

MID COLUMBIA LIBRARY

MIDWAY SEWER DISTRICT
MONROE SCHOOL DIST 103
MORTON SCHOOL DIST 214

MOSES LAKE PORT OF

MOUNT BAKER SCHOOL DIST
MT VERNON SCHOOL DISTRICT 320
MUKILTEO SCHOOL DIST 6

MUKILTEO WATER DIST

NAVAL STATION EVERETT

NE TRI COUNTY HEALTH DIST

NORTH CENTRAL REGIONAL LIBRARY DIST
NORTH KITSAP SCHOOL DIST 400

NORTH SHORE UTILITY DISTRICT

NORTH THURSTON SCHOOL DISTRICT
NORTHSHORE SCHOOL DIST 417

NORTHWEST KIDNEY CTR

NORTHWEST WORK FORCE DEVELOPMENT CO

NW REGIONAL COUNCIL
OAK HARBOR SCHOOL DIST 201
OAKVILLE SCHOOL DIST 400
OCOSTA SCHOOL DIST 172

OKANOGAN COUNTY

OKANOGAN COUNTY FIRE DIST

OKANOGAN COUNTY PUD

OKANOGAN SCHOOL DISTRICT

OLYMPIA PORT OF
OLYMPIA SCHOOL DISTRICT 111

OLYMPIA THURSTON CHAMBER FOUNDATION

OLYMPIC AREA AGENCY ON AGING

OLYMPIC MEMORIAL HOSPITAL DIST

OLYMPIC REGION CLEAN AIR AGENCY

OLYMPIC VIEW WATER & SEWER DIST

OLYMPUS TERRACE SEWER DIST

PACIFIC COUNTY

PACIFIC COUNTY FIRE

PARATRANSIT SERVICES

17.63 PASCO SCHOOL DIST

PEND OREILLE COUNTY CONSERV DIST

PEND OREILLE COUNTY PUB HOSP DIST

PEND OREILLE COUNTY PUD
PENINSULA SCHOOL DISTRICT 401

PERRY TECHNICAL INSTITUTE

PIERCE COUNTY

PIERCE COUNTY FIRE DIST

PORT ANGELES PORT OF
PORT ANGELES SCHOOL DISTRICT 121

PRESCOTT SCHOOL DIST

PUGET SOUND CLEAN AIR AGENCY

PUGET SOUND SCHOOL DIST

QUINCY COLUMBIA BASIN IRRIG DIST
RICHLAND SCHOOL DIST 400
S KITSAP SCHOOL DISTRICT 402

S SNOHOMISH CO PUBLIC FAC DIST

SAFEPLACE

SAMISH WATER DIST

SAMMAMISH WATER AND SEWER DIST

SAN JUAN COUNTY

SAN JUAN COUNTY FIRE DIST

SEA MAR COMM HEALTH CTR

SEATTLE JEWISH PRIMARY SCHOOL

SEATTLE PORT OF
SEATTLE SCHOOL DIST 1

SEATTLE UNIVERSITY

SECOND AMENDMENT FOUNDATION

SECOND CHANCE INC

SENIOR OPPORTUNITY SERVICES
SHELTON SCHOOL DISTRICT 309

SILVERDALE WATER

SKAGIT COUNTY

SKAGIT COUNTY CONSERVATION DIST

SKAGIT COUNTY FIRE DIST

SKAGIT COUNTY ISLAND HOSPITAL

SKAGIT COUNTY PORT OF
SKAGIT COUNTY PUD 1

SKAGIT TRANSIT

SKAMANIA COUNTY

SKOOKUM INC

SNOHOMISH COUNTY LIBRARY

SNOHOMISH COUNTY PUD

SNOHOMISH HEALTH DISTRICT
SNOHOMISH SCHOOL DISTRICT 201
SOAP LAKE SCHOOL DISTRICT 156

SOOS CREEK WATER AND SEWER DIST

SOUND TRANSIT

SOUTH COLUMBIA BASIN IRRIG DIST

SOUTH EAST EFFECTIVE DEVELOPMENT

SOUTH SOUND MENTAL HEALTH SERVICES

SOUTHWEST YOUTH & FAMILY SERVICES

SPECIAL MOBILITY SERVICES INC

SPOKANE CO AIR POLLUTION CNTRL AUTHORITY

SPOKANE COUNTY FIRE DIST

SPOKANE COUNTY LIBRARY
SPOKANE SCHOOL DISTRICT 81

ST JOSEPH/MARQUETTE SCHOOL
STANWOOD SCHOOL DIST 410

STEVENS COUNTY

STEVENS COUNTY PUD

STILLAGUAMISH TRIBE OF INDIANS
SUMNER SCHOOL DISTRICT 320

SUNNYSIDE PORT OF
SUNNYSIDE SCHOOL DISTRICT 201

SUQUAMISH TRIBE

SW CLEAN AIR AGENCY

SWINOMISH TRIBE

TACOMA DAY CHILD CARE AND PRESCHOOL

TACOMA MUSICAL PLAYHOUSE

TACOMA PORT OF
TACOMA SCHOOL DISTRICT 10

TACOMA-PIERCE CO
TAHOMA SCHOOL DISTRICT 409

TERRACE HEIGHTS SEWER DISTRICT

THURSTON COMMUNITY TELEVISION

THURSTON COUNTY

THURSTON COUNTY CONSERVATION DIST

THURSTON COUNTY FIRE DISTRICT
TOPPENISH SCHOOL DISTRICT 202
TOUCHET SD 300

TRIUMPH TREATMENT SERVICES
TUKWILA SCHOOL DIST 406
TUMWATER SCHOOL DISTRICT 33

U S DEPARTMENT OF TRANSPORTATION

UNITED WAY OF KING COUNTY

UNIVERSITY PLACE SCHOOL DIST

UPPER SKAGIT INDIAN TRIBE

VAL VUE SEWER DISTRICT

VALLEY TRANSIT

VALLEY WATER DISTRICT

VANCOUVER PORT OF
VANCOUVER SCHOOL DISTRICT 37
VASHON ISLAND SCHOOL DISTRICT 402

VERA IRRIGATION

VETERANS ADMINISTRATION

VOLUNTEERS OF AMERICA

WA ASSOC OF SCHOOL ADMINISTRATORS

WA ASSOC SHERIFFS & POLICE CHIEFS

WA GOVERNMENTAL ENTITY POOL

WA LABOR COUNCIL AFL-CIO

WA PUBLIC PORTS ASSOCIATION

WA RESEARCH COUNCIL

WA ST ASSOCIATION OF COUNTIES

WA STATE PUBLIC STADIUM AUTHORITY

WAHKIAKUM COUNTY

WALLA WALLA COLLEGE

WALLA WALLA COUNTY

WALLA WALLA COUNTY FIRE DISTRICT

WALLA WALLA PORT OF
WALLA WALLA SD 140

WASHINGTON ASSOCIATION

WASHINGTON COUNTIES RISK POOL

WASHINGTON FIRE COMMISSIONERS ASSOC

17.64 WASHINGTON HEALTH CARE ASSOCIATION

WASHINGTON PUBLIC AFFAIRS NETWORK

WASHINGTON STATE MIGRANT COUNCIL
WEST VALLEY SCHOOL DISTRICT 208
WEST VALLEY SCHOOL DISTRICT 363

WESTERN FOUNDATION THE

WHATCOM CONSERVATION DIST

WHATCOM COUNTY

WHATCOM COUNTY FIRE DISTRICT

WHATCOM COUNTY RURAL LIBRARY DIST

WHIDBEY GENERAL HOSPITAL

WHITMAN COUNTY

WHITWORTH WATER

WILLAPA COUNSELING CENTER
WILLAPA VALLEY SCHOOL DISTRICT 160

WILLAPA VALLEY WATER DISTRICT
WINLOCK SCHOOL DISTRICT 232

WOODINVILLE FIRE & LIFE SAFETY DIST

WOODLAND PORT OF

YAKIMA COUNTY

YAKIMA COUNTY FIRE DISTRICT

YAKIMA COUNTY REGIONAL LIBRARY
YAKIMA SCHOOL DISTRICT 7

YAKIMA VALLEY FARMWORKERS CLINIC

YAKIMA-TIETON IRRIGATION DISTRICT

YELM COMMUNITY SCHOOL DISTRICT

YMCA - TACOMA PIERCE COUNTY

YMCA OF GREATER SEATTLE
*Washington State cities and other unnamed
Washington State local and municipal agencies may
also utilize the resulting Master Price Agreement;
provided they enter into the Intergovernmental
Cooperative Purchasing Agreement.

17.65 ATTACHMENT H

ELIGIBLE POLITICAL SUBDIVISIONS BY STATE
ATTACHMENT H: ELIGIBLE POLITICAL SUBDIVISION BY STATE is included as a separate document and incorporated by reference herein.

17.66 17

ATTACHMENT F
to Master Price Agreement by and between VENDOR and PURCHASER.

ADDITIONAL VENDOR TERMS OF PURCHASE, IF ANY.

DocuSign Envelope ID: E0575664-26DA-44D5-BA50-B3668C0198E5

17.67 Certificate Of Completion
Envelope Id: E057566426DA44D5BA50B3668C0198E5 Status: Completed Subject: Please DocuSign: MPA 2060 LOC and Ross Rec - FINAL.pdf, VAA 2060 NPPGov and Ross Recreation - F...

Source Envelope:

Document Pages: 32 Signatures: 4 Envelope Originator:

Certificate Pages: 5 Initials: 0 Marshall Stiles
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
1100 Olive Way
Suite 1020
Seattle, WA 98101
[email protected]
IP Address: 24.113.4.135
Record Tracking
Status: Original
3/22/2021 4:26:13 PM
Holder: Marshall Stiles
[email protected]
Location: DocuSign
Signer Events Signature Timestamp
Heather Hailey
[email protected]
Accounting Manager
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 76.21.101.11
Sent: 3/22/2021 4:31:04 PM
Viewed: 3/22/2021 5:34:58 PM
Signed: 3/22/2021 5:39:57 PM
Electronic Record and Signature Disclosure:

Accepted: 3/22/2021 5:34:58 PM
ID: 621d07a5-5de6-4bea-b390-ffb8f555432a
Mike Cully
[email protected]
Executive Director
Security Level: Email, Account Authentication
(None) Signature Adoption: Drawn on Device
Using IP Address: 71.63.236.213
Sent: 3/22/2021 5:40:00 PM
Viewed: 3/22/2021 8:57:00 PM
Signed: 3/22/2021 8:57:14 PM
Electronic Record and Signature Disclosure:

Accepted: 3/22/2021 8:57:00 PM
ID: 7f9cd513-34e3-4975-9635-b5d63c1d3494
Bruce Busch
[email protected]
Senior Vice President
National Purchasing Partners
Security Level: Email, Account Authentication
(None)
Signature Adoption: Uploaded Signature Image
Using IP Address: 73.97.193.171
Signed using mobile
Sent: 3/22/2021 8:57:16 PM
Viewed: 3/22/2021 9:05:43 PM
Signed: 3/22/2021 9:07:00 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp

17.68 Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 3/22/2021 4:31:04 PM
Certified Delivered Security Checked 3/22/2021 9:05:43 PM Signing Complete Security Checked 3/22/2021 9:07:00 PM
Completed Security Checked 3/22/2021 9:07:00 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure

17.69 ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, National Purchasing Partners (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.

Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below.

Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.

Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us.

All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 12/29/2020 5:54:29 AM Parties agreed to: Heather Hailey, Mike Cully

17.70 Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.

How to contact National Purchasing Partners:

You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows:

To contact us by email send messages to: [email protected] To advise National Purchasing Partners of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at [email protected] and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address.

If you created a DocuSign account, you may update it with your new email address through your account preferences.

To request paper copies from National Purchasing Partners To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to [email protected] and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any.

To withdraw your consent with National Purchasing Partners To inform us that you no longer wish to receive future notices and disclosures in electronic format you may:

17.71 i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to [email protected] and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process..

Required hardware and software
The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https://support.docusign.com/guides/signer-guidesigning-system-requirements.

Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.

By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm that:
 You can access and read this Electronic Record and Signature Disclosure; and  You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and
 Until or unless you notify National Purchasing Partners as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by National Purchasing Partners during the course of your relationship with National Purchasing Partners.

17.72 EXHIBIT C

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

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

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

All deliveries are F.O.B. destination.

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

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

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

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

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

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

6. Indemnity:

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

For Design Professional Services under Civil Code §2782.8: To the fullest extent permitted by law, Vendor agrees to indemnify, defend, and hold harmless City, its officials, officers, employees, and volunteers from and against any and all claims, demands, actions, liabilities, damages, or expenses, (including attorneys’ fees and costs) arising from the negligence, recklessness, or willful misconduct of the Vendor, Vendor’s employees or agents, in any way related to the Exhibit C

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

7. Compliance Requirements: Vendor shall be responsible for complying with all applicable Federal, State, and local laws and regulations including, but not limited to, City policies, ordinances, and Best Management Practices. Requirements vary based on the nature of the product to be provided and/or work to be performed; these shall include, but are not limited to, complying with the items listed below and following City Council policies regarding asbestos in products, polystyrene foam, recycled paper, and fair trade coffee. These policies are available on the City’s website here. a. Licensing: Vendor warrants that it has complied with any and all federal, state, and local licensing requirements and agrees to provide proof of a current City of Santa Cruz Business Tax Certificate if:
i. Vendor is located in the City of Santa Cruz;
ii. Will perform physical work in the City of Santa Cruz for 6 or more days annually; or iii. Will use company vehicles to deliver within the City of Santa Cruz for 6 or more days annually.

For additional information and licensing requirements, view the City’s Business Licenses and Permits webpage or call the Revenue and Taxation division at 831/420-5070. b. Prevailing Wage: In performing “public work” pursuant to and subject to Labor Code §1720 et seq. under this contract, Vendor (and any subcontractor performing the work or services) shall conform to any and all prevailing wage requirements applicable to such work/and or services. All workers employed in the execution of a public works contract (as defined in Labor Code §1720 et seq. and §1782(d)(1)) must be paid not less than the specified prevailing wage rates for the type of work performed. (See Labor Code §§1720, 1774 and 1782.) Pursuant to Labor Code §1773.2, the current prevailing rate of per diem wages at the time of the contract as determined by the Director of the Department of Industrial Relations (DIR) may be on file at the dept. office awarding the public work.

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

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

Any failure of Vendor and/or its subcontractors to comply with the above requirements shall constitute a breach of this contract that excuses the City’s performance of this contract at the City’s sole and absolute option, and shall be at the sole risk of Vendor. Vendor on behalf of itself, and any subcontractor, agrees to indemnify, defend and hold harmless the City and its officials, officers, employees, and agents from and against any and all claims, liabilities, losses, costs, expenses, attorneys’ fees, damages, expenses, fines, financial consequences, interest, and penalties, of any kind or nature, arising from or relating to any failure (or alleged failure) of the Vendor and any subcontractor to pay prevailing wages or to otherwise comply with the requirements of prevailing wage law. c. Living Wage: Every contract for services to the City for $10,000 or more, is subject to City of Santa Cruz Living Wage Ordinance number 2000-25. The requirements of the Living Wage ordinance are provided in Santa Cruz Municipal Code Chapter 5.10.
d. Vendors’ Duties Concerning Labor Code Compliance. As required by Labor Code §1775(b)(1), Vendor shall include in any contract between Vendor and subcontractors for the performance of work on a public works project, a copy of Labor Code §§1771, 1775, 1776, 1777.5, 1813 and 1815. e. Apprentices. The Vendor is responsible for compliance with Labor Code §1777.5 for all apprentices whether employed directly or through subcontractors on a public works project. f. Payroll Records. Pursuant to Labor Code §1776, for public works projects, the Vendor and any subcontractor shall keep, make available, and submit to the City within ten (10) days of receipt of a written request, certified payroll records. Pursuant to Labor Code § 1776(h), if the Vendor or any subcontractor fails to comply with the ten-day period, he or she shall, as a penalty to the City, forfeit the prescribed amount for each calendar day, or portion

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

8. Insurance: Prior to the beginning of and throughout the duration of this contract, Vendor will maintain insurance in conformance with the requirements set forth herein. Vendor will insure the City against claims for injuries to persons or damages to property which may arise from or in connection with the goods, or the work performed hereunder and the results of that work by Vendor, Vendor’s agents, representatives, employees or subcontractors. a. Standard Certificate Requirements
The City will be issued a Certificate of Insurance (a Memorandum of Understanding will not be accepted) with the following minimum requirements:
 Certificate(s) will show current policy number(s) and effective dates,  Coverage and policy limits will meet, or exceed, requirements below,  The Certificate Holder will be City of Santa Cruz, Risk Management, 877 Cedar Street, Suite 100, Santa Cruz, CA 95060,
 Certificate will be signed by an authorized representative,  An endorsement will be provided to show the City, its officers, officials, employees, agents and volunteers as additional insured.
b. Minimum Scope and Limits of Insurance:

The Vendor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. The City will be entitled to coverage for the highest limits maintained by the Vendor. Coverage will be at least as broad as:
 Commercial General Liability (CGL): $2,000,000 per occurrence Proof of coverage for up to $2 Million per occurrence including products and completed operations, property damage, bodily injury, personal injury and advertising injury will be provided on Insurance Services Office (ISO) Form CG 00 01 covering CGL. If a general aggregate limit applies, either the general aggregate limit will apply separately to this project/location or the general aggregate limit will be at least twice the required occurrence limit.
 Automobile Liability: $1,000,000
Proof of coverage for $1 Million will be provided on ISO Form Number CA 00 01 covering any auto (Code 1), or if Vendor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), per accident for bodily injury and property damage.
 Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance: $1,000,000 per accident for bodily injury or disease. Must include a waiver of subrogation.

17.76 CITY OF SANTA CRUZ TERMS AND CONDITIONS OF PURCHASE http://www.cityofsantacruz.com/government/city-departments/finance-/purchasing-division/selling-to-the-city Revised 3/14/2022 Page 4 c. Additional Requirement for Professional Services
Professional Liability (Errors and Omissions): $2,000,000 per occurrence or claim, $2,000,000 aggregate Vendor will maintain insurance appropriate to Vendor’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after date of completion of the services under this contract. If coverage is canceled or non-renewed and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date or start of work date, Vendor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.

If Vendor maintains broader coverage and/or higher limits than the minimums shown above, the City of Santa Cruz requires and shall be entitled to the broader coverage and/or higher limits maintained by Vendor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Santa Cruz.
d. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
 Additional Insured Status
The City, its officers, officials, employees, agents and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Vendor including materials, parts, or equipment furnished in connection with such work or operations.

General liability coverage will be provided in the form of an endorsement to the Vendor’s insurance at least as broad as ISO Form CG 20 10 11 85, or if not available, through the addition of both CG 20 10 and CG 20 37 (if a later edition is used).
 Primary Coverage
For any claims related to this contract, the Vendor’s insurance coverage will be primary insurance as respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers will be excess of the Vendor’s insurance and will not contribute with it.
 Notice of Cancellation
Each insurance policy required above shall state that the coverage shall not be canceled, except with notice to the City.
 Waiver of Subrogation
Vendor hereby grants to the City a waiver of any right to subrogation which any insurer of said Vendor may acquire against the City by virtue of the payment of any loss, including attorneys’ fees, under such insurance.

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

The Worker’s Compensation policy will be endorsed with a waiver of subrogation in favor of the City for all work performed by the Vendor and its employees.
• Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions will be declared to and approved by the City. City may require Vendor to purchase coverage with a lower retention or provide proof of ability to pay losses and related expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
• Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the Entity.
• Verification of Coverage
Vendor will furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning will not waive the Vendor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

17.77 CITY OF SANTA CRUZ TERMS AND CONDITIONS OF PURCHASE http://www.cityofsantacruz.com/government/city-departments/finance-/purchasing-division/selling-to-the-city Revised 3/14/2022 Page 5 a. Special Risks/Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances, including but not limited to requiring the following:
 Data Breach Risk - Cyber Liability Insurance of limits no less than $5 Million per occurrence and $10 Million in the aggregate.
 Risk of Loss in Transporting Money - Cash In Transit Policy Insurance covering all risks of physical loss or damage while in transit or at premises for limits no less than $10 Million per occurrence and $20 Million in the aggregate.
 Financial Breach Risk - Financial Crime Coverage for limits no less than $5 Million per occurrence and $10 Million in the aggregate.
 Risk in Transporting People or Goods in a Vehicle - Common Carrier Liability Insurance of limits no less than $10 Million per occurrence and $20 Million in the aggregate.  Risk in Storing Vehicles – Garage-keeper’s Liability Insurance of limits no less than $2 Million per occurrence and $4 Million in the aggregate.
 Construction Risks - Builder’s Risk (Course of Construction) Insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions, and name the City as loss payee.
 Environmental Hazard - Pollution Legal Liability Insurance with limits no less than $1 Million per occurrence or claim, and $2 Million in the aggregate.
b. Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:

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

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

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Vendor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work. c. Subcontractors
Vendor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Vendor shall ensure that City, its officers, officials, employees, and volunteers are additional insureds on insurance required from subcontractors.

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

Meals
Meals are reimbursed at the current GSA Meals & Incidental per diem rate by county (www.gsa.gov/travel). The City does not reimburse for actual costs for meals. Reimbursement is based solely on per diem rates. Do not submit meal receipts.
 Travel before 8:00a qualifies for breakfast reimbursement.  Travel between 8:00a – 1:30p qualifies for lunch reimbursement.  Travel between 1:30p – 7:00p (or later) qualifies for dinner reimbursement.  Days between hotel stays and days starting before 8a and ending after 7p, qualify for the full GSA Meals & Incidental per diem rate.

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

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

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

2. Personal vehicles include vehicles owned by the vendor or their employees.  Mileage will be reimbursed at the current IRS mileage rate.  Evidence of automobile liability insurance meeting the City’s requirements must be provided.  Maps showing starting point, City work location, and total miles are required for reimbursement.

3. Car rentals are reimbursable when
 Travel is necessary from an airport to the City work location.  The rental reservation is made as far in advance as is practical and the lowest possible price is obtained.  Insurance coverage is included in the rental agreement and the car is returned with a full tank of gas.  The smallest vehicle necessary is rented.
 Parking expenses are included in the GSA Meals & Incidental per diem rate. The City will not pay additionally for parking expenses.
 Receipts are required for reimbursement.

Airfare
Airfare is reimbursable when the vendor’s place of business, or their employee’s home, is more than 250 miles away from Santa Cruz.
 Airfare must be lowest available coach class fare. Flights may be non-stop.  Airfare must be booked as far in advance as is practical.  Fees for one piece of checked luggage (and any equipment necessary for the work being done) will be reimbursed.  Extra charges for seat assignments, refundable tickets, travel insurance/protection, and similar fees are not reimbursable.
 If the City cancels the need for travel and the ticket cannot be changed or refunded, the ticket cost will be reimbursable.
 Receipts are required for reimbursement.

Lodging
Lodging is reimbursable when the vendor must work on site for two or more consecutive days and the vendor’s place of business, or their employee’s home, is more than 60 miles away from Santa Cruz.  Lodging is reimbursed up to the current GSA rate by county (www.gsa.gov/travel).  Costs for hotel rooms above this rate are the responsibility of the traveler.  Receipts are required for reimbursement.

General

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

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

3. Exceptions to any of the above requirements require advance written permission from the Department Head of the department contracting with the vendor.

4. Tips and gratuities will not be reimbursed.

5. Alcoholic beverage purchases will not be reimbursed.

6. Vendors will exercise prudence in incurring reimbursable expenses.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

17.81 EXHIBIT D

17.82 City of Santa Cruz Cooperative Purchase Agreement

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Santa Cruz City CouncilAugust 11, 2026

Santa Cruz City Council
August 11, 2026