Agenda packet — Watsonville City Council, July 18, 2023 (part 2 of 4)

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WITNESS THE EXECUTION HEREOF, on the day and year first hereinabove written.

CITY

CITY OF WATSONVILLE
BY ______________________________
Rene Mendez, City Manager
ATTEST:

BY ______________________________
Irwin I. Ortiz, City Clerk
APPROVED AS TO FORM:

BY ______________________________
Samantha W. Zutler, City Attorney

CONSULTANT
BEAR ELECTRICAL SOLUTIONS, INC.

BY_________________________________
Brent Paulson, VP of Operations
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EXHIBIT "A"

SCOPE OF SERVICES

STATEMENT OF WORK
The Contractor shall provide on behalf of the City all tools, equipment, apparatus, facilities, labor, service, material, and perform all work, necessary for maintenance and repair of the City’s traffic signals and flashing beacons (Appendix C) and repair speed feedback signs (Appendix D), subject to the inspection and approval of the City.

All services provided by the Contractor to comply with the most current:

California Manual on Uniform Traffic Control Devices
Caltrans Standard Plans
Caltrans Standard Specifications
NFPA National Electrical Code
ADA Accessibility Guidelines
Any subsequent publications will supersede where applicable.

RECORDS
a) The following records shall be maintained by the Contractor and submitted with the monthly invoices (Inventory list will only be submitted once):
i) An inventory of all existing traffic signal equipment shall be prepared by the Contractor within thirty (60) days of execution of the contract in an Excel format. Contractor will coordinate with the Traffic Operations Manager as to the requirements of the inventory. The following list is an example of items to be included on the list:

1. Pole type, size, mast arm size, number of signal heads.

2. Size and type of signal heads (LED or incandescent).

3. Pedestrian indications and type, i.e. countdown.

4. Type of Pedestrian push button

5. Cabinet type and full-itemized description of cabinet contents.

6. Type of detection along with Meg and Ohm test of any loops

7. Controller, MMU, BBU serial numbers make and model.
ii) Copies of documentation forms pertaining to the service provided during the previous month. Form(s) shall include:

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1. Intersection Location

2. Name of City staff person requesting extra work.

3. Date and time request was made.

4. Description of request.

5. Date of response.

6. Time started /completed service.

7. Name of Lead person involved in performance of work.

8. Description of work performed.

9. Description of materials used.
b) In addition, an electronic copy of the record submittal shall be emailed in Excel or .pdf format to the City’s Traffic Operations Manager each month concurrent with the mailing of monthly invoices.
c) Invoices from others for materials used for maintenance or repair of City infrastructure to be made available, to the City within 7 working days of request.

PREVENTIVE AND ROUTINE MAINTENANCE
a. Included in the overall, per intersection, maintenance cost, Contractor shall provide a program of continuing comprehensive preventive and routine maintenance designed to reduce the incidence of potential malfunctions and extend the useful life of the traffic signals and their associated appurtenances.

The program shall include periodic inspection, testing, record keeping, cleaning, repair and replacement of all equipment, including video detection and CCTV cameras. The Contractor agrees:
i) Ensure that all equipment in traffic signal cabinet are properly labeled so as to ensure quick identification of each component. For example, detectors whether stand alone or rack mounted shall be labeled according to phase and direction. Detector lead in cables shall be properly labeled, etc. Labeling of traffic signal equipment shall occur within 30 days from execution of agreement.
ii) To conduct routine inspection of all traffic signal systems, including all appurtenances, once per month.
iii) To conduct routine inspection and cleaning of CCTV and video detection cameras once per month.
iv) To incorporate any comprehensive maintenance into regularly scheduled maintenance as necessary. There will be no additional charges for this work other than the agreed upon contract price for preventive and routine maintenance.

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v) To maintain a written record in each controller cabinet of all dates/times of visits initialed by servicing technician. This record to describe all work performed and outcome.
vi) The Contractor shall designate representatives, one of whom shall be available to the Engineer for consultation, at all times during regular City working hours, at no added expense to the City. This consultation shall consist of cost estimates for traffic signal repairs, accident damage repairs and replacement of obsolete and deteriorated equipment, explanations of functional capabilities and operational characteristics of the signal systems and recommendations on anticipated changes to the signal systems. vii) The City is currently open Monday – Friday No routine, preventive and responsive maintenance may be completed on Holidays observed by City staff without prior approval from the City.

RESPONSIVE MAINTENANCE
Responsive maintenance includes repair and or replacement of failed equipment and its restoration to safe and normal operation. Typically, unscheduled, it is in response to an unexpected failure or damage. This is to be considered extra work.

EMERGENCY REPAIRS
Emergency repairs to damaged traffic signals shall be performed by the Contactor at the direction of the City. This shall constitute extra work made necessary due to damage to signals, flashing beacons, gateway monument signs and speed feedback signs by collision, damage caused by others performing underground work, acts of nature, vandalism and deteriorated equipment or any condition requiring immediate response to mitigate a hazardous physical or operational condition.

REQUIRED EMERGENCY RESPONSE TIME
The Contractor shall provide emergency service on a 24-hour, seven days a week basis and must be on site within two (2) hours after receiving the call. The Contractor shall inform the City’s Traffic Operations Manager, of all calls for service received.

VERIFICATION OF AN EMERGENCY RESPONSE
If an emergency response is requested by someone other than the City’ Customer Services Division or the Traffic Operations Manager, during normal work days hours (M-F 8 a.m. to 5 p.m., except holidays), the Contractor is required to contact the City’s Traffic Operations Manager for concurrence of the emergency response item.

Failure to do so may result in non-payment for any subsequent service.

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REQUIRED RESOURCES
The Contractor shall have adequate shop and storage facilities nearby to adequately respond within two hours with the appropriate tools and materials to affect emergency repairs to any traffic signal systems owned by the City.

SALVAGED EQUIPMENT
The Contractor shall provide storage facilities at their site to store City salvaged equipment as a result of any project involving City-owned equipment (signals, speed feedback signs, etc.). The contractor shall provide the necessary transport services for salvaged equipment.

ADDITIONS / DELETIONS OF EQUIPMENT
The City shall notify the Contractor in writing of all additions/deletions to the current inventory of City owned equipment that is to be maintained under provisions of the contract. The Contractor agrees to immediately begin/end routine maintenance and responses to emergency calls for the equipment upon notification. Written notification by the City may be made via email.

EXTRA WORK
The work consists of correcting damage to flashing beacons, speed feedback signs, gateway monument signs, traffic signals, detection, appurtenances and safety lighting due to accidents, vandalism, act of God, pavement failure, other causes and includes cleanup of debris, erection of necessary warning and safety hookup of temporary signal or controller, and replacement of damaged components.
a. The Contractor shall provide the City with a completion date for all subsequent work required to meet full operational standards if permanent repairs cannot immediately be completed. This notification shall be in the form of a written proposal to be delivered within 5 working days. Permanent repairs shall be completed within 14 days of notice to proceed. Permission to extend the 14-day period must be requested in writing to the City. Failure to conclude the permanent repairs within the agreed upon time period shall relieve the City from any liability to the Contractor for extra work other than the initial repairs and the City may authorize repairs to be completed by others.
b. Work done to replace knockdown 1-A pole, 1-B pole or pedestrian pushbutton posts, where the anchor bolts are still intact, shall be repaired to the original, undamaged, condition on the initial response.

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c. The Contractor agrees to provide necessary services to ensure that equipment on City maintained facilities is installed or removed appropriately. Such work includes, but is not limited to:
i. Inspections of new or modified signal installations (provide punch-list with comments).
ii. Review and comment of traffic signal designs.
iii. Review and comment of equipment submittals for new traffic signal. iv. Attendance at traffic signal turn on/turn offs.
d. Underground locating (USA) and electrical ground-fault location services. e. The Contractor agrees to maintain/update speed feedback sign software system when deemed necessary by the City.

TERMS OF AGREEMENT
The contract term is for 1 year and shall commence on the day the Watsonville City Council approves the contract. At the end of the initial contract period the City will have the option of extending the contract one (1) more year. After two (2) years, the City will have the option of extending the contract one (1) more year for a total possible three (3) year term contract. A sample of the agreement is attached, Appendix E.

SUBCONTRACTING
The Contractor shall not subcontract any part of this maintenance contract work and shall not retain another organization to perform maintenance or overhaul traffic signal equipment unless authorized by the City in advance.

PAYMENT
d) Accident Damage Repair – Compensation for this work shall be in accordance with the unit prices provided for material, labor, and equipment. e) Authorization – Other than in cases of emergency: the City may give authorization verbally when the estimated cost for responsive maintenance, emergency repairs, signal system modifications or vandalism is less than five hundred ($500) dollars. All work in excess of five hundred ($500) dollars must be authorized in writing by the City. This authorization may be conveyed via email. f) Equipment – Compensation shall be made at the rate established by the contract unit price. (Appendix A)
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g) Estimates – The Contractor shall submit an estimate and receive approval prior to commencing repairs on non-emergency work in excess of five hundred ($500) dollars.
h) Extra Work – This item will be included at the applicable materials, labor, equipment, and material markup and shall be included in the monthly invoice for Responsive Maintenance.
i) Invoices - The Contractor shall submit separate invoices for each emergency response repair, involving damage by others, to the City for payment. The invoice shall indicate the actual material, labor, equipment and a separate indication for material markup. The invoice will include the Police Accident Report Number. The Contractor shall submit a separate monthly invoice for all Extra Work and a separate monthly invoice for all Routine and Preventive Maintenance work for the signal systems, speed feedback signs, gateway monument signs and crosswalk flashing beacons/RRFB/s.
j) Materials – Compensation for this item shall be actual cost-plus percent markup as shown in the contract unit price schedule. (Appendix B) The Contractor shall supply a copy of the actual invoice for materials within seven days if requested by the City.
k) Preventative and Routine Maintenance – Compensation for this work shall be made at the rate shown in the unit price schedule. (Appendix B) l) Signal System Modifications – Compensation for this work shall be in accordance with the unit prices provided for materials, labor and equipment. The City reserves the right to advertise for competitive bids for repairs and /or modifications on any system.
m) Testing – Compensation for this work shall be in accordance with the unit prices provided for materials, labor and equipment.

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EXHIBIT "B"

SCHEDULE OF PERFORMANCE
Services shall commence immediately upon execution of this Contract. All services performed under the provisions of this Contract shall be completed in accordance with the following schedule:

July 18, 2023, through July 18, 2024
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EXHIBIT "C"

COMPENSATION
a. Total Compensation. The total obligation of City under this Contract shall not exceed $100,000.00. See attachment labeled Exhibit "C" for Fee Schedule:
b. Basis for Payment. Payment(s) to Consultant for services performed under this contract shall be made as follows and shall [not] include payment for reimbursable expenses:
c. Payment Request. Consultant shall submit a request for payment for services on a monthly basis by letter to Director, or said Director's designated representative. Such request for payment shall cover the preceding monthly period during the term hereof, shall note the City's purchase order number for this contract, shall contain a detailed listing of the total number of items or tasks or hours for which payment is requested, the individual dates on which such services were rendered, and invoices for reimbursable expenses, if any. Upon receipt in the Office of Director of said payment request, Director shall cause payment to be initiated to Consultant for appropriate compensation.

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Appendix A
Equipment and Labor for Extra Work
Equipment Unit Straight Time Overtime

1. Bucket Truck Hour

2. Boom Truck Hour

3. Utility (pickup) Truck Hour

4. Air Compressor Hour

5. Dump Truck Hour

6. Bobcat Hour
Labor for Extra Work:

Classification Hourly Rate Hourly Rate (Overtime)
Journeyman Electrician (Foreman)
Journeyman Electrician
Laborer
$ 35.00
$ 35.00
$ 20.00
$ 15.00
$ 35.00
$ 25.00
$ 35.00
$ 35.00
$ 20.00
$ 15.00
$ 35.00
$ 25.00
$ 135.00
$ 125.00
$ 90.00
$ 200.00
$ 190.00
$ 130.00
NOTE: Regular time is work performed during a normal working day between 7 AM to 3:30 PM, Monday through Friday.

Overtime is considered work during off-hours, holidays, weekends, or after working (8) consecutive hours in a single shift.

Exhibit "C"
pg. 1 of 2
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Appendix B
Traffic Signal Maintenance and Repair - Unit Cost
Preventive and Routine Maintenance for 27 Traffic Signals Each $ Furnish and replace 12” Green, Yellow or Red LED during maintenance visit. Each $
Furnish and replace 2-inch pedestrian pushbutton during routine maintenance visit. Each $
Furnish and replace Countdown Pedestrian Signal module during routine maintenance visit. Hour $
Furnish and and install Audible Pedestrian System (iNavigator, 3wire) with custom voice message and braille sign. LS $
Furnish and install No 5 pull-box lid during routine maintenance visit. Hour $ Furnish and install cabinet fan during routine maintenance visit. Hour $ Install 6’x6’ detector loop (Type A) Each $
Install 6’x6’ detector loop (Type D) Each $
Install 3 ea. Type A and 1 ea. Type D in same lane. Each $ Furnish and install 1B pole Each $
Re-splice detector loop during routine maintenance visit. Each $ Furnish and install 1B pole with foundation in sidewalk Each $ Realign traffic signal head during routine maintenance visit. Each $ Furnish and Install Pedestrian Push button Post with foundation And 2” pushbutton Each $
Furnish and Install TV-1-T framework and 12” LED indications Each $ Furnish and Install TV-1-T framework and 12” LED indications Each $ Furnish and Install TV-3-T framework and 12” LED indications Each $ Furnish and Install SV-1-T framework and 12” LED indications Each $ Furnish and Install SV-2-T framework and 12” LED indications Each $ Furnish and Install SV-3-T framework and 12” LED indications Each $ Furnish and Install LT-2-T framework and 12” LED indications Each $ Furnish and install SP-1-T framework and 12” LED indications Each $ Furnish and Install SP-2-T framework and 12” LED indications Each $ Install Traffic Signal Cabinet on existing foundation Each $ Test Traffic Signal Cabinet LS $
Test Conflict Monitor Unit LS $
Percent Markup on Materials Percent %
Furnish and install typical Type 15TS street light with LED light fixture Each $ Install new Type 15 Foundation with 1” anchor bolts Each $ Install new N30 pull box with conduit sweeps and concrete flag replacement in kind with existing. Each $
Provide and install power generator for temporary use LS $

85.00 105.00
150.00
235.00
1,800.00

60.00 90.00
750.00
850.00
2,800.00
1,235.00

50.00 3,800.00
2,750.00
1,100.00
1,900.00
2,600.00
1,100.00
1,900.00
2,600.00
2,015.00
750.00
1,300.00
2,600.00
1,300.00
165.00

10.0 8,375.00
4,250.00
1,225.00
495.00
*TV2T

50.00 (per button)
Exhibit "C"
pg. 2 of 2 Monthly Maintenance of Monument Sign EA $ 85.00 Quarterly Maintenance of Radar Speed Signs, Flashing beacons and crosswalks EA $ 55.00 1,100.00 3,750.00 7,400.00 100.00 1,100.00 2,500.00 1,750.00 1,750.00 1,550.00 2250.00 3,500.00 1,100.00 675.00 675.00 Cost Per
PPB Station 190.00 135.00 100.00
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7/11/2023 7:38:46 PM
C:\Program Files\eSCRIBE\TEMP\19384328870\19384328870,,,Award Sole Source Contract to Sensus Metering for Radio Towers.docx
Agenda Report
MEETING DATE: Tuesday, July 18, 2023
TO: City Council
FROM: PUBLIC WORKS & UTILITIES DIRECTOR LINDBERG

WATER DIVISION MANAGER KAYSER
THROUGH: CITY MANAGER MENDEZ
SUBJECT: AWARD SOLE SOURCE CONTRACT TO SENSUS
METERING SYSTEMS, INC. IN THE AMOUNT OF $305,340

TO FURNISH AND INSTALL WATER METER READING

RADIO SUPPORT TOWERS AT THE CORRALITOS FILTER
PLANT; AND APPROPRIATE $70,000 FROM THE WATER

ENTERPRISE FUND FOR THE SAME
RECOMMENDED ACTION:

Award a sole source contract to Sensus Metering Systems, Inc., dba Sensus USA, Inc., in the amount of $305,340 to furnish and install a water meter reading radio tower and associated support equipment at the Corralitos Filter Plant, and appropriate $70,000 from the Water Enterprise Fund [0710] for the project.

BACKGROUND:

The City’s water system has approximately 15,000 water meter connections to measure water used and bill customers. The Water Division has standardized to the Sensus Advanced Metering Infrastructure (AMI) System which allows real time electronic access to view and monitor water meter readings hourly. The proposed radio tower and equipment are needed to provide support for the AMI system in the more remote locations of the water distribution system.

DISCUSSION:

The City utilizes Sensus AMI as the standard for electronic metering equipment on the distribution system. Currently approximately 80 percent of the water distribution system’s water meters are equipped with Sensus AMI, with the remaining approximately 3,000 water meters anticipated to be completed over the next year once the proposed radio equipment is installed.

The City's existing Sensus AMI radio tower infrastructure needs to be expanded in order to collect reading data from the far ends of the water service areas in

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C:\Program Files\eSCRIBE\TEMP\19384328870\19384328870,,,Award Sole Source Contract to Sensus Metering for Radio Towers.docx
Corralitos and Pajaro Dunes. Currently, the staff is required to retrieve water meter reads manually due to poor coverage in these more remote areas. The infrastructure upgrade will save the City's labor costs and help pave the way for future two-way communication technology, such as retrieving water pressure and temperature data and the ability to turn off water meters from remote devices. Furthermore, State water conservation mandates encourage upgrading to this type of advanced system and it is identified in annual water audits mandated by Senate Bill 555. Full implementation of the Sensus AMI system will allow staff to better support and aid customers with inquiries regarding water usage. AMI is a critical tool in water conservation and helps customers prevent high water bills if leaks go undetected.

Staff requested a proposal from Sensus Metering Systems, Inc. to furnish and install the necessary radio tower and equipment to complete the Sensus AMI system, and received a quote to provide a “turn-key” radio tower equipment furnish and install at the Corralitos Filter Plant and additional support equipment at Pajaro Dunes on the existing tower at that location. A sole source contract is recommended and allowable under the standardization provision of the City’s purchasing policy since this will allow for a uniform metering system across the entire water distribution system.

Staff therefore recommends that a contract be awarded and executed with Sensus Metering Systems, Inc. dba Sensus USA, Inc. in an amount not to exceed $305,340 and that an appropriation from the Water Enterprise Fund [0720] be allocated to cover the full cost of the project.

STRATEGIC PLAN:

This project supports Strategic Plan goal:
2-Infrastructure & Environment
FINANCIAL IMPACT:

This project is planned in the current fiscal year’s capital improvement plan budget for the Water Enterprise Fund. Budget Item 0720-913-7813-14629 currently has $238,260 available, which will require an appropriation from the Water Enterprise Fund in the amount of $70,000 to cover the full project contract amount of $305,340.

ALTERNATIVE ACTION:

No reasonable alternatives are known at this time.

ATTACHMENTS AND/OR REFERENCES (If any):

None.

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1 RESOLUTION NO. __________ (CM)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WATSONVILLE

APPROVING SOLE SOURCE PURCHASE WITH SENSUS METERING
SYSTEMS, INC. DBA SENSUS USA, INC., FOR THE PURCHASE OF

WATER METER READING RADIO SUPPORT TOWER AND EQUIPMENT

AT THE CORRALITOS FILTER PLANT, IN AN AMOUNT NOT TO EXCEED $305,340; AUTHORIZING A $70,000 BUDGET APPROPRIATION FROM THE WATER ENTERPRISE FUND [0720]; AND AUTHORIZING THE CITY

MANAGER TO EXECUTE CONTRACT
WHEREAS, competitive bidding requirements for the purchase of supplies, equipment and non-personal contractual services and the sale of personal property are set forth in Chapter 5 of Title 3 of the Municipal Code; and WHEREAS, subdivision (c) of § 3-5.210 exempts supplies and materials which are unique, available only from one source, or sought to match existing equipment or supplies already in use (also known as a sole source purchase); and WHEREAS, the City’s Water Division has standardized on Sensus Advanced Metering Infrastructure (AMI) for electronic and remote meter reading and monitoring throughout the water distribution system.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:

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2 result in direct or indirect physical changes in the environment and if a “project,” is exempt under the “common sense” exception (14 Cal. Code Regs. § 15061(b)(3)) because it can be seen with certainty that there is no possibility that this action may have a significant effect on the environment.

2. The Council finds that the purchase of Sensus AMI metering radio equipment and support tower is available from one source that meets the needs of the City (also known as a sole source purchase).

3. This purchase is exempt from the purchasing procedures of Chapter 5 of Title 3 of the Municipal Code as a sole source purchase of § 3-5.210 of the Municipal Code.

4. That the Council hereby approves the Contract for Consultant Services between the City of Watsonville and Sensus Metering Systems, Inc. dba Sensus USA, Inc. for the purchase of water meter reading radio tower and associated support equipment in an amount not to exceed $305,340.

5. That the City Manager is hereby authorized and directed to execute said Contract for and on behalf of the City of Watsonville in the form attached hereto and incorporated herein by this reference, with minor revisions that may be approved by the City Manager and the City Attorney.

6. That a budget appropriation of $70,000 from the Water Enterprise Fund [0720] is hereby authorized.
********************************

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CONTRACT FOR CONSULTANT SERVICES BETWEEN
THE CITY OF WATSONVILLE AND SENSUS USA, INC.

THIS CONTRACT, is made and entered into this , by and
between the City of Watsonville, a municipal corporation, hereinafter called "City," and Sensus USA, Inc., hereinafter called "Consultant."

WITNESSETH
WHEREAS, the City needs to obtain certain professional, technical and/or specialized services of an independent contractor to assist the City in the most economical manner; and
WHEREAS, Consultant has represented that consultant has appropriate skill, training, qualifications, and experience to render such services called for under this Contract to City.

THE PARTIES HEREBY AGREE AS FOLLOWS:

SECTION 1. SCOPE OF SERVICES. Consultant shall perform those services described in detail in Exhibit “A,” entitled “SCOPE OF SERVICES” which exhibit is attached hereto and incorporated herein.

SECTION 2. TERM OF CONTRACT. The term of this Contract shall be from July 19, 2023 to July 19, 2025, inclusive.

SECTION 3. SCHEDULE OF PERFORMANCE. The services of Consultant are to be completed according to the schedule set out in Exhibit “B,” entitled “SCHEDULE OF PERFORMANCE,” which is attached hereto and incorporated herein. Consultant will diligently proceed with the agreed Scope of Services and will provide such services in a timely manner in accordance with the “SCHEDULE OF PERFORMANCE.” SECTION 4. COMPENSATION. The compensation to be paid to Consultant including both payment for professional services and reimbursable expenses as well as the rate and schedule of payment are set out in Exhibit “C” entitled “COMPENSATION,” which is attached hereto and incorporated herein. This amount shall not exceed $305,340.

SECTION 5. METHOD OF PAYMENT. Except as otherwise provided in Exhibit “C,” each month, Consultant shall furnish to the City a statement describing the work performed for compensation during the preceding month. Such statement shall also include a detailed record of the month's actual reimbursable expenditures.

SECTION 6. INDEPENDENT CONSULTANT. It is understood and agreed that Consultant, in the performance of the work and services agreed to be performed by Consultant, shall act as and be an independent Consultant and not an agent or

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employee of City, and as an independent Consultant, shall obtain no rights to retirement benefits or other benefits which accrue to City's employees, and Consultant hereby expressly waives any claim it may have to any such rights.

SECTION 7. ASSIGNABILITY. Consultant shall not assign or transfer any interest in this Contract nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Contract or any rights, duties or obligations arising hereunder shall be void and of no effect.

SECTION 8. INDEMNIFICATION. Consultant represents that Consultant has the expertise and experience necessary to perform the services and duties agreed to be performed by Consultant under this Contract, and City is relying upon the skill and knowledge of Consultant to perform said services and duties. Consultant agrees to defend, indemnify and hold harmless City, its officers, agents, and employees, against any loss or liability arising out of or resulting in any way from work performed by or on behalf of Consultant under this Contract or the errors or omissions by Consultant.

SECTION 9. INSURANCE.

A. Auto and Commercial General Liability Insurance. Consultant shall also maintain in full force and effect for the term of this Contract, automobile insurance and commercial general liability insurance with an insurance carrier satisfactory to City, which insurance shall include protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from any actual occurrence arising out of the performance of this Contract. The amounts of insurance shall not be less than the following:
(1) Commercial general liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000.00 per occurrence. If such insurance contains a general aggregate limit, such limit shall apply separately to each project Consultant performs for City. Such insurance shall (a) name City, its appointed and elected officials, and its employees as insureds; and (b) be primary with respect to insurance or self-insurance programs maintained by City and (c) contain standard separation of insured's provisions.
(2) Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000.00 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles.

B. Workers’ Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant shall be insured against liability for Workers’ Compensation or undertake self-insurance. Consultant agrees to comply with such provisions before commencing performance of any work under this Contract.

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C. Proof of Insurance to City before Notice to Proceed to Work. Consultant shall satisfactorily provide certificates and endorsements of insurance to the City Clerk before Notice to Proceed to Work of this Contract will be issued. Certificates and policies shall state that the policy shall not be canceled or reduced in coverage without thirty (30) days written notice to City. Approval of insurance by City shall not relieve or decrease the extent to which Consultant may be held responsible for payment of damages resulting from services or operations performed pursuant to this Contract.

Consultant shall not perform any work under this Contract until Consultant has obtained the required insurance and until the required certificates have been submitted to the City and approved by the City Attorney. If Consultant fails or refuses to produce or maintain the insurance required by these provisions, or fails or refuses to furnish City required proof that insurance has been procured and is in force and paid for, City shall have the right at City's election to forthwith terminate this Contract immediately without any financial or contractual obligation to the City. As a result of such termination, the City reserves the right to employ another consultant to complete the project.

D. Written notice. Contractor shall provide immediate written notice if (1) any insurance policy required by this Contract is terminated; (2) any policy limit is reduced; (3) or any deductible or self insured retention is increased.

SECTION 10. NON-DISCRIMINATION. Consultant shall not discriminate, in any way, against any person on the basis of age, sex, race, color, creed, national origin, or disability in connection with or related to the performance of this Contract.

SECTION 11. TERMINATION.

A. City and Consultant shall have the right to terminate this Contract, without cause, by giving not less than ten (10) days written notice of termination.

B. If Consultant fails to perform any of its material obligations under this Contract, in addition to all other remedies provided by law, City may terminate this Contract immediately upon written notice.

C. The City Manager is empowered to terminate this Contract on behalf of City.

D. In the event of termination, Consultant shall deliver to City copies of all work papers, schedules, reports and other work performed by Consultant and upon receipt thereof, Consultant shall be paid in full for services performed and reimbursable expenses incurred to the date of termination.

SECTION 12. COMPLIANCE WITH LAWS. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local governments. Consultant shall obtain and maintain a City of Watsonville business license during the term of this Contract.

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SECTION 13. GOVERNING LAW. City and Consultant agree that the law governing this Contract shall be that of the State of California. Any suit brought by either party against the other arising out of the performance of this Contract shall be filed and maintained in the Courts of the County of Santa Cruz.

SECTION 14. PRIOR CONTRACTS AND AMENDMENTS. This Contract represents the entire understanding of the parties as to those matters contained herein.

No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Contract may only be modified by a written amendment.

SECTION 15. CONFIDENTIAL INFORMATION. Except as may be required by law, all data, documents, discussions, or other information developed or received by or for Consultant in performance of this Contract are confidential and not to be disclosed to any person except as authorized by the City Manager.

SECTION 16. OWNERSHIP OF MATERIALS. All reports, documents or other materials developed or received by Consultant or any other person engaged directly by Consultant to perform the services required hereunder shall be and remain the property of City without restriction or limitation upon their use.

SECTION 17. COVENANT AGAINST CONTINGENT FEES. The Consultant covenants that Consultant has not employed or retained any company or person to solicit or secure the Contract, and that Consultant has not paid or agreed to pay any company or person, any fees, commissions, percentage, brokerage fee, gift, or any other consideration contingent on or resulting from the award or making of this Contract.

For breach or violation of this covenant, the City shall have the right to annul this Contract without liability, or in its discretion, to deduct from the contract price or consideration or otherwise recover, the full amount of such fee, commission, percentage fee, gift, or contingency.

SECTION 18. WAIVER. Consultant agrees that waiver by City or any one or more of the conditions of performance under this Contract shall not be construed as waiver of any other condition of performance under this Contract.

SECTION 19. CONFLICT OF INTEREST.

A. A Consultant shall avoid all conflict of interest or appearance of conflict of interest in performance of this Contract. Consultant shall file a FPPC Form 700 disclosure statement, which form shall be filed with the City Clerk within thirty (30) days from the effective date of this Contract as applicable.

B. No member, officer, or employee of the City, during their tenure, or for one (1) year thereafter, shall have any interest, direct or indirect, in this Contract or the

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proceeds thereof and Consultant agrees not to allow, permit, grant, transfer, or otherwise do anything which will result in such member, officer, or employee of the City from having such interest.

SECTION 20. AUDIT BOOKS AND RECORDS. Consultant shall make available to City, its authorized agents, officers and employees, for examination any and all ledgers and books of account, invoices, vouchers, canceled checks and other records or documents evidencing or related to the expenditures and disbursements charged to the City, and shall furnish to City, its authorized agents and employees, such other evidence or information as City may require with respect to any such expense or disbursement charged by Consultant.

SECTION 21. NOTICES. All notices shall be personally served or mailed, postage prepaid, to the following addresses, or to such other address as may be designated by written notice by the parties:

CITY
City Clerk’s Office
275 Main Street, Suite 400
Watsonville, CA 95076
(831) 768-3040

CONSULTANT
Sensus USA, Inc.
26717 Network Place
Chicago, IL 60673-1267
(800) 638-3748
SECTION 22. EXHIBITS:

Exhibit A: Scope of Services
Exhibit B: Schedule of Performance
Exhibit C: Compensation
///
///
///
///

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WITNESS THE EXECUTION HEREOF, on the day and year first hereinabove written.

CITY

CITY OF WATSONVILLE
BY ______________________________
Rene Mendez, City Manager
ATTEST:

BY ______________________________
Irwin I. Ortiz, City Clerk
APPROVED AS TO FORM:

BY ______________________________
Samantha W. Zutler, City Attorney

CONSULTANT
BY_________________________________
Wayne Schmieder, Regional Services
Manager

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EXHIBIT "A"

SCOPE OF SERVICES
Sensus will provide Project Management, Construction of a 150’ Magnum Self Support Tower and relocation and installation of the current S-50 Basestation at the location specified by Sensus Propagation and Capacity Study 13262.

Services included for the turn-key installation are all materials, crew mobilization, configuration, testing, and certification of the Basestation hardware.

Construction of Magnum Self Supported Tower, 4’ x 45’ caissons, cables, antennae, and clamps, couplers.

Sensus will provide Project Management and Installation Services to remove the existing Sensus FRP and associated hardware at Pajaro Dunes and replace it with a Sensus M400B2 Basestation, new cabling, antenna, and antenna mount at the location specified by Sensus Propagation and Capacity Study 13262. Services included for the turn-key installation are all materials, crew mobilization, configuration, test, and certification of the Basestation hardware. Equipment removal and disposal is included.

Corralitos Site
Receive and inventory 150' Self Supporting Magnum Tower. Assemble and erect (1) 150’ Magnum Self Support Tower and associated parts (erect per engineering/manufacture designs). Relocate and install the existing Sensus S-50 Transceiver including all grounding and associated materials on the n e w tower.

Level surrounding area back to grade (no ground cover specified). Diversified will notify Pacific Crest Engineering INC., providing a construction schedule and tentative inspection request dates. Rebar and concrete inspections will be conducted by a 3rd party if Pacific Crest is unable or willing to provide the inspection services. This quote was bid prevailing wage, which includes two mobilizations and per diem for the duration of the build.

Pajaro Dunes Site
Install (1) M400B2 on new (1) H-frame, new (1) CHM1 mount for new (1) DB589- Y antenna with new AVA5-50 transmission line supported on the existing wood

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pole per Sensus Propagation and Capacity Study 13262.

Site Closeout and Inspection Services
• Verify that the Basestation is grounded in accordance with the M400B2 Basestation Installation Documentation.
• Test the antenna and coax system; install the GPS antenna; Install a Polyphaser on the GPS cable and mast as needed.
• Clean up debris caused by contractor activity; De-mobilize crew. • RF Sweep of antennae system.
• Configure transmit mode for strict sync transmit operation. • Verify proper configuration of the Cordex Power Controller. • Verify Basestation Transmitter Operation through RNI Data Portal. • Verify Basestation Transmitter Operation Does Not Cause Any “Red Light” Failures.
• Measure Transmitter power output.
• Normal Channel Reception Confirmed.
• Noise verification, record, low, high, and average readings ensuing <15 db. • Perform receiver Sensitivity and Calibration Measurements. • Measure Voltage reading from GPS port on rear of transceiver. • Measure VSWR @ Receive Frequency.
• VSWR @ Transmit Frequency.
• Complete Certification documentation and submit it to the City of Watsonville.

Assumptions:

All permits will be the responsibility of the City of Watsonville. Backhaul communications will be provided by a modem and service of the City of Watsonville choice within 10’ of the M400B2 cabinet by the.

Labor for installation crews will be paid at applicable Prevailing Wage rates.

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C:\

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EXHIBIT "B"

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EXHIBIT "C"

COMPENSATION
a. Total Compensation. The total obligation of City under this Contract shall not exceed ____$305,340_________.
b. Basis for Payment. Payment(s) to Consultant for services performed under this contract shall be made as follows and shall [not] include payment for reimbursable expenses:
c. Payment Request. Consultant shall submit a request for payment for services on a monthly basis by letter to Director, or said Director's designated representative. Such request for payment shall cover the preceding monthly period during the term hereof, shall note the City's purchase order number for this contract, shall contain a detailed listing of the total number of items or tasks or hours for which payment is requested, the individual dates on which such services were rendered, and invoices for reimbursable expenses, if any. Upon receipt in the Office of Director of said payment request, Director shall cause payment to be initiated to Consultant for appropriate compensation.

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7/11/2023 8:15:19 PM
C:\Program Files\eSCRIBE\TEMP\20151547004\20151547004,,,RESOLUTION APPROVING TWO YEAR FACILITY USE AGREEMENT WITH VARIOUS SENIOR ORGANIZATIONS AT WATSONVILLE SENIOR CENTER.docx Agenda Report
MEETING DATE: Tuesday, July 18, 2023
TO: City Council
FROM: PARKS & COMMUNITY SERVICES DIRECTOR CALUBAQUIB

RECREATION SUPERINTENDENT NEGRETE
THROUGH: CITY MANAGER MENDEZ
SUBJECT: RESOLUTIONS APPROVING TWO YEAR FACILITY USE

CONTRACTS WITH VARIOUS SENIOR ORGANIZATIONS AT THE

WATSONVILLE SENIOR CENTER
RECOMMENDED ACTION:

Adopt:

1. A resolution approving a two-year facility use contract with Community Bridges for space use at the Watsonville Senior Center, 114 East Fifth Street commencing July 1, 2023, and ending June 30, 2025, and authorizing and directing the City Manager to execute the same.

2. A resolution approving a two-year facility use contract with Senior Network Services, Inc., for space use at the Watsonville Senior Center, 114 East Fifth Street commencing July 1, 2023, and ending June 30, 2025, and authorizing and directing the City Manager to execute the same.

3. A resolution approving a two-year facility use contract with Seniors Council of Santa Cruz and San Benito Counties for space use at the Watsonville Senior Center, 114 East Fifth Street commencing July 1, 2023, and ending June 30, 2025, and authorizing and directing the City Manager to execute the same.

4. A resolution approving a two-year facility use contract with Family Service Agency of the Central Coast for space use at the Watsonville Senior Center, 114 East Fifth Street commencing July 1, 2023 and ending June 30, 2025, and authorizing and directing the City Manager to execute the same.

5. A resolution approving a two-year facility use contract with Senior Citizens’ Legal Services for space use at the Watsonville Senior Center, 114 East Fifth Street commencing July 1, 2023 and ending June 30, 2025, and authorizing and directing the City Manager to execute the same.

BACKGROUND:

The current non-profit agencies housed at the Watsonville Senior Center have had a facility use contract with the City since the City took over management of the Center in

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7/11/2023 8:15:19 PM
C:\Program Files\eSCRIBE\TEMP\20151547004\20151547004,,,RESOLUTION APPROVING TWO YEAR FACILITY USE AGREEMENT WITH VARIOUS SENIOR ORGANIZATIONS AT WATSONVILLE SENIOR CENTER.docx 2019. Given the magnitude of services they provide, the terms of the facility use contract were discussed and the City, at the time, agreed to keep the rates the same as what they had when Association of Watsonville Area Seniors (AWAS) managed the center. These fees help to cover the cost of utilities and facility maintenance.

DISCUSSION:

The Watsonville Senior Center is the hub for programs and services for adults ages 50 years and older. Aside from the array of recreational programs and activities that the teammates offer, through collaborations with local non-profits housed at the Center, a number of resources and services are available on a daily basis The terms of the contracts include:
 A two-year term commencing July 1, 2023 and expiring on June 30, 2025.  Each non-profit shall provide a $1 million commercial liability insurance.  Base rent is as follows:
o For Fiscal Year 2023/2024:
 $105 per month for office space: Senior Network Services, Senior Council Project Scout, Family Service Agency of the Central Coast and Senior Citizens’ Legal Services.
 $625 per month for office space, kitchen and multi-purpose room:

Community Bridges Meals on Wheels.
o For Fiscal Year 2024/2025:
 The fee shall be adjusted annually, every July 1st, using the rate of April to April change in Consumer Price Index (CPI) for All Urban Consumers San Francisco-Oakland-San Jose, California.

STRATEGIC PLAN:

These agreements support the Strategic Plan priority of Community Engagement and Well-Being as the Center and collaborating non-profits continue to provide activities and resources for our older adults.

FINANCIAL IMPACT:

The base rent for these contracts is $1,045 per month of $12,540 annually and is included in the adopted FY 2023-24 budget:
 Revenue: 150-681-5468-00000
ALTERNATIVE ACTION:

The Council may choose not to approve these two-year agreements.

ATTACHMENTS AND/OR REFERENCES (If any):

None.

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Reso No. ______ (CM) 1
Meeting Date: 071823 SWZ ______ RM ______ PCS ______
RESOLUTION NO.__________ (CM)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

WATSONVILLE APPROVING A TWO YEAR FACILITY USE CONTRACT

BETWEEN THE CITY OF WATSONVILLE AND SENIOR NETWORK
SERVICES, INC., A CORPORATION, FOR CITY PROPERTY AT 114

EAST FIFTH STREET, (WATSONVILLE SENIOR CENTER), FOR FREE SERVICES TO SENIOR RESIDENTS AGED 50 AND OLDER
COMMENCING ON JULY 1, 2023, AND ENDING JUNE 30, 2025, AND

AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE
SAME

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WATSONVILLE, CALIFORNIA, AS FOLLOWS:

1. This action is exempt from the requirements of the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15378(b)(5), in that adopting a Resolution approving the Facility Use Contract attached hereto does not meet CEQA's definition of a “project,” because the action does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and if a “project,” is exempt under the “common sense” exception (14 Cal. Code Regs. § 15061(b)(3)) because it can be seen with certainty that there is no possibility that this action may have a significant effect on the environment.

2. That the two year Facility Use Contract between the City of Watsonville and Senior Network Service, Inc., a corporation, for the use of City owned property located at 114 East Fifth Street, Watsonville, (Watsonville Senior Center) for providing free services to senior residents aged 50 and older, commencing on July 1, 2023, and ending June 30, 2025, a copy of which Facility Use Contract, is attached hereto and incorporated herein by this reference, is hereby approved.

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Reso No. ______ (CM) 2
Meeting Date: 071823

3. The City Manager is hereby authorized and directed to execute said Facility Use Contract for and on behalf of the City of Watsonville with minor revisions that may be approved by the City Manager and the City Attorney.
**************************************

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1 FACILITY USE CONTRACT
(Watsonville Senior Center)
This Facility Use Contract (“Contract”) is executed as of the date set forth below next to the signatures and shall be effective as set forth below by and between the City of Watsonville, ("City"), a municipal corporation, and the User set forth below (together, the Parties).

GENERAL INFORMATION
User (identify status, i.e. corporation, government agency or human being):

Senior Network Services, Inc.

Effective Period: 07/01/2023 – 06/30/2025
Area(s) to be used:

Exclusive Use: Room 101 (“Exclusive Space”)
Shared Use: Restrooms, Conference Room (by reservation only) Nature of Use: Provide information and assistance services for senior residents of Watsonville (aged 50 and older) (“Use”).

Days and times of Use: Monday – Friday, 9am-3pm.

RECITALS
A. City owns the Watsonville Senior Center (“Center”) located at 114 E. Fifth Street, Watsonville, California, and is entrusted with the protection and preservation of the Center for the benefit of the public;
B. User wishes to use the above identified area of the Center (“Exclusive Space”), during the Effective Period for the Use set forth above and, on the dates and times set forth above; and
C. City and User desire to enter into this Contract for the use of the Exclusive Space.

CONTRACT
NOW, THEREFORE, the parties agree as follows:

1. The General Information and Recitals set forth at the beginning of this Contract are incorporated herein by reference.

2. The City hereby authorizes User to enter upon the grounds of the Center and to use the Exclusive Space for the Use and duration identified above.

3. No interest in real property is conveyed by this Contract.

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2 4. User shall have no right or privilege to use any portion of the Center not described above for any purpose.

5. The Use under this Contract is authorized from July 1, 2023 to June 30, 2025 (“Effective Period) and is revocable by either party with 72 hours’ written notice.

6. User shall pay the City, care of the Parks & Community Services Department, a monthly sum of $105.00 for the use of the Center facilities described above for July 1, 2023- June 30, 2024. The fee shall be adjusted annually, every July 1st, using the rate of April to April change in Consumer Price Index (CPI) for All Urban Consumers San Francisco-Oakland-San Jose, California.

7. Prior to the start of the Effective Period, User shall also pay the City, care of the Parks & Community Services Department, a one-time, refundable cleaning deposit in the amount of $500.00. The deposit shall be held in trust by the City to provide for the cleaning or repair of the Exclusive Space. The City may deduct from the deposit the cost to clean and/or repair the Exclusive Space.

8. The City will continue at all times to maintain and control the Center, including the Exclusive Space, which may require access of the Exclusive Space. User shall ensure that the Exclusive Space is accessible by City staff at all times.

9. This Contract is personal to User and may not be transferred or assigned.

10. User shall not be permitted to use the Center for any purpose other than as expressly provided for in this Contract unless permitted in writing by the Parks and Community Services Director or designee.

11. The Center is primarily for use by the City, its employees and members of the public in furtherance purposes set out by the City. City business takes priority over use in all non-exclusive spaces. If User’s use interferes with or conflicts with use of the Center for City business, this License may be terminated, or, if possible, User may be relocated to another location at the Center.

12. User’s use of the Center shall not obstruct or interfere with vehicular traffic entering or exiting the Center, as well as ingress or egress to or from the Center by the public, City employees, or anyone else who is authorized to enter the Center.

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3 fees and court costs (collectively, “Claims”), which arise out of or are in any way connected to User’s use of the Center, or any act, error, omission, or negligence of User, its agents, servants, officers, directors, members, employees, or guests, including without limitation, Claims caused by the concurrent negligent act, error, or omission, whether active or passive, of City. User shall have no obligation to defend or indemnify City from a Claim determined to be caused by the sole negligence or willful misconduct of City.

14. User shall provide evidence of insurance and maintain insurance in the amount and form specified on Attachment A, incorporated herein by reference. Failure to maintain insurance as required herein shall constitute a material breach of this Contract.

15. User shall not commit, suffer, or permit the commission by others of any waste or nuisance at the Center. User shall, at all times, leave the Center in a neat, clean, and sanitary condition.

16. User shall be liable to City for any loss or damage to the Center arising from, or in connection with, the use of the Center by the User or any of its officers, agents, employees, members, or participants. User shall be responsible for all costs incurred by City to clean and/or repair the Center after User’s use.

17. User shall, at all times, observe and comply with all applicable federal, state, and county statutes, City ordinances, rules, regulations, directives, and orders of governmental agencies. Violation of any statute, ordinance, rule, regulation, directive or order, by User or anyone participating with User in the activity authorized by this Contract will result in the immediate termination of this License and the possible expulsion of User, and all those persons participating with User, from the Center.

18. User is responsible for supplying any equipment, furnishings, and/or fixtures needed for User’s use. City assumes no responsibility or liability for equipment, furnishings and/or fixtures brought to the Center by User. User is solely responsible for all equipment, furnishings and/or fixtures User brings to the Center.

19. User may make improvements to their exclusive space only upon receiving prior written approval from the Director of Parks and Community Services or designee.

Such improvements will become the property of the City upon the ending of the Contract term, abandonment of the space by User, or the unilateral or mutual termination of the Contract.

20. Admission to events or meetings held at the Center, as well as services provided, must be free of charge. No charges, fees, dues, or registration fees may be solicited or collected at any event or meeting as a condition of admission or as a cost of services.

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4 21. User may not solicit or collect a fee to park vehicles at the Center.

22. User, or User’s representative, represents that they are at least eighteen years of age and that he/she is authorized to execute this Contract on behalf of User.

DATED: USER: SENIOR NETWORK
SERVICES, INC.

BY:

Corey Azevedo, Executive Director
DATED: CITY OF WATSONVILLE
BY:

Rene Mendez, City Manager
ATTEST:
______________________________
Irwin Ortiz, City Clerk
APPROVED AS TO FORM:
______________________________
Samantha W. Zutler, City Attorney

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5 ATTACHMENT “A”

INSURANCE REQUIREMENTS
Commercial General Liability including Premises, Operations, Products and Completed Operations, and Independent Contractors Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage and $1,000,000 general aggregate limit. The City of Watsonville, its officers, employees and agents must be named as additional insured on the policy. The original certificate of insurance and separate additional insured endorsement must be provided prior to use.

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Reso No. ______ (CM) 1
Meeting Date: 071823 SWZ ______ RM ______ PCS ______
RESOLUTION NO.__________ (CM)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

WATSONVILLE APPROVING TWO YEAR FACILITY USE CONTRACT
BETWEEN THE CITY OF WATSONVILLE AND SENIOR CITIZENS’

LEGAL SERVICES, A CORPORATION, FOR CITY OWNED PROPERTY
AT 114 EAST FIFTH STREET, (WATSONVILLE SENIOR CENTER), FOR FREE SERVICES TO SENIOR RESIDENTS AGED 50 AND OLDER
COMMENCING ON JULY 1, 2023, AND ENDING JUNE 30, 2025, AND

AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE
SAME

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WATSONVILLE, CALIFORNIA, AS FOLLOWS:

2. That the two year Facility Use Contract between the City of Watsonville and Senior Citizens’ Legal Services, a corporation, for the use of City owned property located at 114 East Fifth Street, Watsonville, (Watsonville Senior Center) for providing free services to senior residents aged 50 and older, commencing on July 1, 2023, and ending June 30, 2025, a copy of which Facility Use Contract, is attached hereto and incorporated herein by this reference, is hereby approved.

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Reso No. ______ (CM) 2
Meeting Date: 071823

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GENERAL INFORMATION
User (identify status, i.e. corporation, government agency or human being):

Senior Citizens’ Legal Services
Effective Period: 07/01/2023 – 06/30/2025
Area(s) to be used:

Exclusive Use: Room 303 (“Exclusive Space”)
Shared Use: Restrooms, Conference Room (by reservation only) Nature of Use: Provide legal assistance services for senior residents of Watsonville (aged 50 and older) (“Use”).

Days and times of Use: Monday – Friday, 9am-3pm.

CONTRACT
NOW, THEREFORE, the parties agree as follows:

1. The General Information and Recitals set forth at the beginning of this Contract are incorporated herein by reference.

2. The City hereby authorizes User to enter upon the grounds of the Center and to use the Exclusive Space for the Use and duration identified above.

3. No interest in real property is conveyed by this Contract.

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2 4. User shall have no right or privilege to use any portion of the Center not described above for any purpose.

5. The Use under this Contract is authorized from July 1, 2023 to June 30, 2025 (“Effective Period) and is revocable by either party with 72 hours’ written notice.

9. This Contract is personal to User and may not be transferred or assigned.

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3 connected to User’s use of the Center, or any act, error, omission, or negligence of User, its agents, servants, officers, directors, members, employees, or guests, including without limitation, Claims caused by the concurrent negligent act, error, or omission, whether active or passive, of City. User shall have no obligation to defend or indemnify City from a Claim determined to be caused by the sole negligence or willful misconduct of City.

15. User shall not commit, suffer, or permit the commission by others of any waste or nuisance at the Center. User shall, at all times, leave the Center in a neat, clean, and sanitary condition.

19. User may make improvements to their exclusive space only upon receiving prior written approval from the Director of Parks and Community Services or designee.

Such improvements will become the property of the City upon the ending of the Contract term, abandonment of the space by User, or the unilateral or mutual termination of the Contract.

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4 21. User may not solicit or collect a fee to park vehicles at the Center.

22. User, or User’s representative, represents that they are at least eighteen years of age and that he/she is authorized to execute this Contract on behalf of User.

DATED: USER: SENIOR CITIZENS’ LEGAL

SERVICES
BY:

Tanya Harmony Ridino, Executive
Director
DATED: CITY OF WATSONVILLE
BY:

Rene Mendez, City Manager
ATTEST:
______________________________
Irwin Ortiz, City Clerk
APPROVED AS TO FORM:
______________________________
Samantha W. Zutler, City Attorney

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5 ATTACHMENT “A”

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RESOLUTION NO.__________ (CM)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

WATSONVILLE APPROVING TWO YEAR FACILITY USE CONTRACT

BETWEEN THE CITY OF WATSONVILLE AND SENIORS COUNCIL OF

SANTA CRUZ AND SAN BENITO COUNTIES, A CORPORATION, FOR
CITY OWNED PROPERTY AT 114 EAST FIFTH STREET,
(WATSONVILLE SENIOR CENTER), FOR FREE SERVICES TO SENIOR RESIDENTS AGED 50 AND OLDER COMMENCING ON JULY 1, 2023, AND ENDING JUNE 30, 2025, AND AUTHORIZING AND DIRECTING

THE CITY MANAGER TO EXECUTE SAME

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WATSONVILLE, CALIFORNIA, AS FOLLOWS:

1. This action is exempt from the requirements of the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15378(b)(5), in that adopting a Resolution approving the Facility Use Contract, attached hereto does not meet CEQA's definition of a “project,” because the action does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and if a “project,” is exempt under the “common sense” exception (14 Cal. Code Regs. § 15061(b)(3)) because it can be seen with certainty that there is no possibility that this action may have a significant effect on the environment.

2. That the two year Facility Use Contract between the City of Watsonville and Seniors Council of Santa Cruz and San Benito Counties, a corporation, for the use of City owned property located at 114 East Fifth Street, Watsonville, (Watsonville Senior Center) for providing free services to senior residents aged 50 and older, commencing on July 1, 2023, and ending June 30, 2025, a copy of which Facility Use Contract is attached hereto and incorporated herein by this reference, is fair and equitable and is hereby approved.

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GENERAL INFORMATION
User (identify status, i.e. corporation, government agency or human being):

Seniors Council of Santa Cruz and San Benito Counties
Effective Period: 07/01/2023 – 06/30/2025
Area(s) to be used:

Exclusive Use: Room 301 (“Exclusive Space”)
Shared Use: Restrooms, Conference Room (by reservation only) Nature of Use: Provide tax assistance services for senior residents of Watsonville (aged 50 and older) (“Use”).

Days and times of Use: Monday – Friday, 9am-3pm.

CONTRACT
NOW, THEREFORE, the parties agree as follows:

1. The General Information and Recitals set forth at the beginning of this Contract are incorporated herein by reference.

2. The City hereby authorizes User to enter upon the grounds of the Center and to use the Exclusive Space for the Use and duration identified above.

3. No interest in real property is conveyed by this Contract.

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2 4. User shall have no right or privilege to use any portion of the Center not described above for any purpose.

5. The Use under this Contract is authorized from July 1, 2023 to June 30, 2025 (“Effective Period) and is revocable by either party with 72 hours’ written notice.

9. This Contract is personal to User and may not be transferred or assigned.

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15. User shall not commit, suffer, or permit the commission by others of any waste or nuisance at the Center. User shall, at all times, leave the Center in a neat, clean, and sanitary condition.

19. User may make improvements to their exclusive space only upon receiving prior written approval from the Director of Parks and Community Services or designee.

Such improvements will become the property of the City upon the ending of the Contract term, abandonment of the space by User, or the unilateral or mutual termination of the Contract.

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4 21. User may not solicit or collect a fee to park vehicles at the Center.

22. User, or User’s representative, represents that they are at least eighteen years of age and that he/she is authorized to execute this Contract on behalf of User.

DATED: USER: SENIORS COUNCIL OF

SANTA CRUZ AND SAN BENITO

COUNTIES
BY:

Clay Kempf, Executive Director
DATED: CITY OF WATSONVILLE
BY:

Rene Mendez, City Manager
ATTEST:
______________________________
Irwin Ortiz, City Clerk
APPROVED AS TO FORM:
______________________________
Samantha W. Zutler, City Attorney

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5 ATTACHMENT “A”

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Reso No. ______ (CM) 1
Meeting Date: 071823 SWZ ______ RM ______ PCS ______
RESOLUTION NO.__________ (CM)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

WATSONVILLE APPROVING TWO YEAR FACILITY USE CONTRACT

BETWEEN THE CITY OF WATSONVILLE AND FAMILY SERVICE

AGENCY OF THE CENTRAL COAST, A CORPORATION, FOR CITY
PROPERTY AT 114 EAST FIFTH STREET, (WATSONVILLE SENIOR
CENTER), FOR FREE SERVICES TO SENIOR RESIDENTS AGED 50
AND OLDER COMMENCING ON JULY 1, 2023, AND ENDING JUNE 30, 2025, AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO

EXECUTE SAME

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WATSONVILLE, CALIFORNIA, AS FOLLOWS:

2. That the two year Facility Use Contract between the City of Watsonville and Family Service Agency of the Central Coast, a corporation, for the use of City owned property located at 114 East Fifth Street, Watsonville, (Watsonville Senior Center) for providing free services to senior residents aged 50 and older, commencing on July 1, 2023, and ending June 30, 2025, a copy of which Facility Use Contract is attached hereto and incorporated herein by this reference, is fair and equitable and is hereby approved.

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Reso No. ______ (CM) 2
Meeting Date: 071823

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GENERAL INFORMATION
User (identify status, i.e. corporation, government agency or human being):

Family Service Agency of the Central Coast
Effective Period: 07/01/2023 – 06/30/2025
Area(s) to be used:

Exclusive Use: Room 201 (“Exclusive Space”)
Shared Use: Restrooms, Conference Room (by reservation only) Nature of Use: Provide counseling services for senior residents of Watsonville (aged 50 and older) (“Use”).

Days and times of Use: Monday – Friday, 9am-3pm.

CONTRACT
NOW, THEREFORE, the parties agree as follows:

1. The General Information and Recitals set forth at the beginning of this Contract are incorporated herein by reference.

2. The City hereby authorizes User to enter upon the grounds of the Center and to use the Exclusive Space for the Use and duration identified above.

3. No interest in real property is conveyed by this Contract.

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2 4. User shall have no right or privilege to use any portion of the Center not described above for any purpose.

5. The Use under this Contract is authorized from July 1, 2023 to June 30, 2025 (“Effective Period) and is revocable by either party with 72 hours’ written notice.

9. This Contract is personal to User and may not be transferred or assigned.

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15. User shall not commit, suffer, or permit the commission by others of any waste or nuisance at the Center. User shall, at all times, leave the Center in a neat, clean, and sanitary condition.

19. User may make improvements to their exclusive space only upon receiving prior written approval from the Director of Parks and Community Services or designee.

Such improvements will become the property of the City upon the ending of the Contract term, abandonment of the space by User, or the unilateral or mutual termination of the Contract.

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4 21. User may not solicit or collect a fee to park vehicles at the Center.

22. User, or User’s representative, represents that they are at least eighteen years of age and that he/she is authorized to execute this Contract on behalf of User.

DATED: USER: FAMILY SERVICE

AGENCY OF THE CENTRAL
COAST
BY:

Bill McCabe, Executive Director
DATED: CITY OF WATSONVILLE
BY:

Rene Mendez, City Manager
ATTEST:
______________________________
Irwin Ortiz, City Clerk
APPROVE AS TO FORM:
______________________________
Samantha W. Zutler, City Attorney

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5 ATTACHMENT “A”

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Reso No. ______ (CM) 1
Meeting Date: 071823 SWZ ______ RM ______ PCS ______
RESOLUTION NO.__________ (CM)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

WATSONVILLE APPROVING TWO YEAR FACILITY USE CONTRACT

BETWEEN THE CITY OF WATSONVILLE AND COMMUNITY BRIDGES,
A CORPORATION, FOR CITY PROPERTY AT 114 EAST FIFTH STREET, (WATSONVILLE SENIOR CENTER), FOR FREE SERVICES TO SENIOR RESIDENTS AGED 50 AND OLDER COMMENCING ON JULY 1, 2023, AND ENDING JUNE 30, 2025, AND AUTHORIZING AND DIRECTING

THE CITY MANAGER TO EXECUTE SAME

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WATSONVILLE, CALIFORNIA, AS FOLLOWS:

2. That the two year Facility Use Contract between the City of Watsonville and Community Bridges, a corporation, for the use of City owned property located at 114 East Fifth Street, Watsonville, (Watsonville Senior Center) for providing free services to senior residents aged 50 and older, commencing on July 1, 2023, and ending June 30, 2025 , a copy of which Facility Use Contract is attached hereto and incorporated herein by this reference, is fair and equitable and is hereby approved.

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Reso No. ______ (CM) 2
Meeting Date: 071823

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GENERAL INFORMATION
User (identify status, i.e. corporation, government agency or human being):

Community Bridges
Effective Period: 07/01/2023 – 06/30/2025
Area(s) to be used:

Exclusive Use: Room 203 (“Exclusive Space”)
Shared Use: Kitchen, Multipurpose Room, Restrooms, Conference Room (by reservation only)
Nature of Use: Provide and serve meals for senior residents of Watsonville (aged 50 and older) (“Use”).

Days and times of Use: Monday – Friday, 9am-3pm.

CONTRACT
NOW, THEREFORE, the parties agree as follows:

1. The General Information and Recitals set forth at the beginning of this Contract are incorporated herein by reference.

2. The City hereby authorizes User to enter upon the grounds of the Center and to use the Exclusive Space for the Use and duration identified above.

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2 3. No interest in real property is conveyed by this Contract.

4. User shall have no right or privilege to use any portion of the Center not described above for any purpose.

5. The Use under this Contract is authorized from July 1, 2023 to June 30, 2025 (“Effective Period) and is revocable by either party with 72 hours’ written notice.

6. User shall pay the City, care of the Parks & Community Services Department, a monthly sum of $625.00 for the use of the Center facilities described above for July 1, 2023- June 30, 2024. The fee shall be adjusted annually, every July 1st, using the rate of April to April change in Consumer Price Index (CPI) for All Urban Consumers San Francisco-Oakland-San Jose, California.

9. This Contract is personal to User and may not be transferred or assigned.

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3 judgments, awards, fines, mechanics’ liens, or other liens, labor disputes, losses, damages, expenses, charges or costs, of any kind or character, including attorneys’ fees and court costs (collectively, “Claims”), which arise out of or are in any way connected to User’s use of the Center, or any act, error, omission, or negligence of User, its agents, servants, officers, directors, members, employees, or guests, including without limitation, Claims caused by the concurrent negligent act, error, or omission, whether active or passive, of City. User shall have no obligation to defend or indemnify City from a Claim determined to be caused by the sole negligence or willful misconduct of City.

15. User shall not commit, suffer, or permit the commission by others of any waste or nuisance at the Center. User shall, at all times, leave the Center in a neat, clean, and sanitary condition.

19. User may make improvements to their exclusive space only upon receiving prior written approval from the Director of Parks and Community Services or designee.

Such improvements will become the property of the City upon the ending of the Contract term, abandonment of the space by User, or the unilateral or mutual termination of the Contract.

20. Admission to events or meetings held at the Center, as well as services provided, must be free of charge. No charges, fees, dues, or registration fees may be solicited

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4 or collected at any event or meeting as a condition of admission or as a cost of services.

21. User may not solicit or collect a fee to park vehicles at the Center.

22. User, or User’s representative, represents that they are at least eighteen years of age and that he/she is authorized to execute this Contract on behalf of User.

DATED: USER: COMMUNITY BRIDGES
BY:

Raymon Cancino, CEO
DATED: CITY OF WATSONVILLE
BY:

Rene Mendez, City Manager
ATTEST:
______________________________
Irwin Ortiz, City Clerk
APPROVE AS TO FORM:
______________________________
Samantha W. Zutler, City Attorney

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5 ATTACHMENT “A”

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Page 1 of 2 ends

7/13/2023 7:07:17 PM
C:\Program Files\eSCRIBE\TEMP\1971414961\1971414961,,,RESOLUTION APPROVING AGREEMENT WITH THE COUNTY OF SANTA CRUZ FOR USE OF COMMUNICATIONS TOWER LOCATED AT 370 AIRPORT BLVD.docx Agenda Report
MEETING DATE: Tuesday, July 18, 2023
TO: City Council
FROM: AIRPORT DIRECTOR WILLIAMS

RAUNEL ZAVALA
THROUGH: CITY MANAGER MENDEZ
SUBJECT: RESOLUTION APPROVING LICENSE AGREEMENT WITH THE

COUNTY OF SANTA CRUZ FOR USE OF COMMUNICATIONS
TOWER LOCATED AT 370 AIRPORT BLVD
RECOMMENDED ACTION:

Staff recommends the City Council approve a one (1) year non-aeronautical facility license agreement, with one option for a one-year extension, for use of cellular antenna space on the Municipal Airport’s triangular self-support tower located at 370 Airport Boulevard, to the County of Santa Cruz.

BACKGROUND:

The City of Watsonville purchased the triangular self-support communications tower located at 370 Airport Boulevard from the County of Santa Cruz effective on August 23, 2022. Part of the agreement at the time of purchase was that the City would allow the County’s radio communication equipment, used for emergency communications, to remain on the tower until its already planned relocation. The relocation was set to take place by December 31, 2022. Due to some setbacks with their new location, the City allowed for the County’s equipment to remain on the tower until June 30, 2023, through an amendment of the Purchase and Sale Agreement. During both periods the County paid the City monthly rent of $1,500 per month.

DISCUSSION:

The County still needs additional time for the relocation, for which reason City staff has decided it is best to enter into a one-year license agreement with the County for their continued use of the tower, until the relocation takes place. The license agreement would become effective July 1, 2023, until June 30, 2024. Both the City and the County can terminate the License with at least 30 days prior written notice. The County would continue paying the City a license fee of $1,500 per month for use of the tower until all of the equipment has been removed and the License has been terminated.

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This license agreement is consistent with our Strategic Plan objective of improving and maintaining infrastructure.

FINANCIAL IMPACT:

The license agreement would provide monthly revenue of $1,500 to the Airport Enterprise Fund.

ALTERNATIVE ACTION:

The alternative would be to not approve the license agreement.

ATTACHMENTS AND/OR REFERENCES (If any):

None.

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1 Reso No. ______ (CM)
Meeting Date: 071823
RESOLUTION NO. ___________ (CM)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

WATSONVILLE APPROVING A ONE-YEAR LICENSE AGREEMENT
WITH ONE (1) ONE-YEAR OPTION TERM BETWEEN THE CITY OF

WATSONVILLE AND THE COUNTY OF SANTA CRUZ, FOR USE OF
COMMUNICATIONS TOWER LOCATED AT 370 AIRPORT BOULEVARD,

WATSONVILLE, CALIFORNIA, AND AUTHORIZING AND DIRECTING

THE CITY MANAGER TO EXECUTE SAME AND ANY AMENDMENTS

THERETO OF A NON-SUBSTANTIVE NATURE SUBJECT TO LEGAL

APPROVAL

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:

1. Adopting a Resolution approving a one-year agreement with the County of Santa Cruz does not meet CEQA's definition of a “project,” because the action does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.

2. That the one-year License Agreement between the City of Watsonville and the County of Santa Cruz, for use of the communications tower located at 370 Airport Boulevard, Watsonville, California, a copy of which License Agreement is attached hereto and incorporated herein by this reference, is hereby approved.

3. That the City Manager be and is hereby authorized and directed to execute said License Agreement for the original term, and if properly exercised, the one (1) one-year option term, and any amendments thereto of a non-substantive nature subject to approval by the City Attorney.
******************************************

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Fire Station No. 2 – Telecommunications Tower 1

CITY OF WATSONVILLE

LICENSE AGREEMENT
LICENSEE: COUNTY OF SANTA CRUZ
Information Services Department
701 Ocean Street, Room 315
Santa Cruz, CA 95060
CITY: CITY OF WATSONVILLE
Watsonville Municipal Airport
100 Aviation Way
Watsonville, CA 95076
SITE: City Fire Station No. 2
370 Airport Boulevard
Watsonville, CA 95076
TERM OF LICENSE: Initial 1 year term with option to extend (1) 1 year term.

COMMENCEMENT DATE OF LICENSE: July 1, 2023
MONTHLY FEE: $1,500
CITY CONTRACT NUMBER: n/a
DocuSign Envelope ID: D55DC722-C01E-4CAB-B8B6-6FB8D2AD6FF0

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Fire Station No. 2 – Telecommunications Tower 1

CITY OF WATSONVILLE LICENSE AGREEMENT
Basic License Terms - Reference Pages
LICENSOR: City of Watsonville
CITY’S ADDRESS FOR NOTICES: City of Watsonville
Watsonville Municipal Airport
100 Aviation Way
Watsonville, CA 95076
CITY’S ADDRESS FOR FEE: City of Watsonville
Finance Department
250 Main Street
Watsonville, CA 95076
LICENSEE: County of Santa Cruz
LICENSEE’S ADDRESS FOR NOTICES: County of Santa Cruz
Information Services Department
701 Ocean Street, Room 315
Santa Cruz, CA 95060
LICENSEE’S TELEPHONE NO.:

LICENSEE’S FACSIMILE NO.:

PREMISES: A portion of the property known as 370 Airport Boulevard, Watsonville, CA
(see Exhibit “A” for additional description)
RENTABLE AREA: Antenna space on City’s tower and equipment room for Licensee’s emergency telecommunication equipment.

USE: Wireless Communications
ANTENNA SPACE: (3) 6 foot microwave dish antenna’s, (1) GPS antenna, (7) radio antenna’s plus coax cables for all antenna’s and wave guide to microwave antennas.

EQUIPMENT SPACE: (5) 8 foot racks with (6) Tait TB-8100 repeaters, (1) Endrun GPA unit, (1) Duplexor, (1) Transmitter
Combiner (1) Receiver Multi-coupler, (1) Lamarche
power supply, (12) Backup Batteries, (2) Constellation
Microwaves, (1) Microwave power Supply, (1) Stand up
AC unit
DocuSign Envelope ID: D55DC722-C01E-4CAB-B8B6-6FB8D2AD6FF0

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CIRCUITS: None
SCHEDULED COMMENCEMENT DATE: July 1, 2023
TERM OF LICENSE: 1 year
TERMINATION DATE: May be terminated by either party upon thirty (30) days’ prior written notice.

FEE: Monthly Fee: $1,500
TERMINATION: As provided in Section 10
OPTION TO EXTEND: (1) 1 year term.

ROAD REPAIRS: Not applicable
UTILITIES: Provided by Licensee
HOLDING OVER: Rent shall be increased to 150% of the existing rent at expiration of the term.

INSURANCE Workers’ Compensation - To meet Labor Code
of the State of California including Employer’s
Liability with limits of $250,000 each
accident/disease/policy limit.

Commercial General Liability with limits of one
million dollars per occurrence for bodily injury
and property damage and one million dollars
($1,000,000) general aggregate; and
Commercial Automobile Liability in the amount
of one million dollars ($1,000,000) combined
single limit each accident for bodily injury and
property damage.

EXHIBITS: “A” Legal Description, Attached
“B” Location of Premises, Site Information
& Equipment, Attached
The Reference Pages are incorporated into and made a part of this License. In the event of any conflict between any information on the Reference Pages and this License, this License shall control. This License includes the foregoing Exhibits all of which are made a part of this License.

DocuSign Envelope ID: D55DC722-C01E-4CAB-B8B6-6FB8D2AD6FF0

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-3-

LICENSE AGREEMENT
This License Agreement (this “License”) is entered into as of July 1, 2023, by and between the City of Watsonville, a California charter city and municipal corporation (“CITY”) and the County of Santa Cruz, a political subdivision of the State of California (“LICENSEE”).

RECITALS
WHEREAS, LICENSEE desires to use a portion of the existing CITY communication site (Site), designated on Exhibit A, for LICENSEE’s communications system equipment; and WHEREAS, CITY is willing to permit said use of the Site subject to certain conditions; and
WHEREAS, portions of the Site are currently excess to the CITY’s needs.

NOW, THEREFORE, in consideration of the execution of this License, the parties mutually agree to the following conditions.

1. DEFINITIONS:

A. “License” means this License Agreement and any relevant Documents (as defined in Paragraph 3.C. below), including any Exhibits and/or Attachments, all of which are made a part of this License.

B. "Premises" refers to the Antenna Space, the Equipment Space, utility connections between the Antenna Space, Equipment Space and the nearest appropriate utilities provider and, if any, access to the Antenna Space and Equipment Space from a public right-of-way.

C. “Improvements” (when applicable) refers individually or collectively to the LICENSEE’s communications system and related equipment, cabling and antenna(s) currently existing at the Site and depicted and described on Exhibit B and any additional antennas, related equipment and cabling as may be approved by the CITY. Changes to the license terms, including any exhibits will require approval by the Watsonville City Council.

2. LICENSE TO USE:

CITY hereby gives permission, terminable as hereinafter provided, to LICENSEE to enter the Site and use the Premises for the purpose of installing and maintaining, operating and repairing the Improvements. LICENSEE shall not be permitted to enter the Site or use the Premises for any other purpose, except by prior written permission of CITY.

DocuSign Envelope ID: D55DC722-C01E-4CAB-B8B6-6FB8D2AD6FF0

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-4-

3. LICENSEE IMPROVEMENTS:

A. Acknowledgement of Responsibility
LICENSEE acknowledges that the Site has been identified by CITY as being essential to CITY’s fulfilling its mission of public safety and well-being, and the necessity for CITY and LICENSEE’s diligence in safeguarding and restricting access to the Site and protecting CITY property, of all kinds, at said Site.

LICENSEE warrants that it will not disturb or tamper with any CITY equipment, to include, but not limited to, electronic, electrical, LPG, buildings, towers, grounding systems, antennas, feed lines, etc., at the Site, except as otherwise permitted hereunder.

LICENSEE shall be liable for all claims, demands, actions, and causes of action to the extent caused by the negligence or otherwise wrongful conduct on the part of any agent, contractor or employee of LICENSEE related to LICENSEE’s installation/maintenance or operation of LICENSEE’s Improvements on the Site, except to the extent caused by CITY or its agents, contractors or employees.

Further, LICENSEE shall release, remise, and forever discharge CITY of and from any and all claims, demands, actions, and causes of action, except to the extent caused by the intentional acts or negligence of CITY or CITY’s agents, contractors or employees, which LICENSEE may acquire by reason of LICENSEE’s installation/maintenance or operation of LICENSEE’s Improvements on the Site.

B. Requirements, Limitations, and Installation Conditions – This License is subject to the limitations, requirements and installation conditions as set forth below:

1. Installation: LICENSEE will observe standard safety practices when climbing the CITY’s tower and when installing Improvements. LICENSEE agrees to install, maintain, and operate its Improvements in accordance with the highest standard prevailing in the communications industry. Installation practices and materials are subject to approval of the CITY, which shall not be unreasonably withheld, conditioned or delayed.
a) LICENSSEE shall not make any material alterations thereto (or to the Premises structure itself) without obtaining the prior written approval of CITY except that LICENSSEE may replace equipment with equipment of the same general type that meets or exceeds the same technical specifications of the original equipment, uses the same RF frequencies, occupies no more physical space and consumes no additional electrical power. LICENSSEE shall immediately notify CITY in writing of such modifications and the date that the modifications are completed.
b) Any Improvements and Modifications to equipment owned by LICENSEE shall be performed at LICENSSEE sole cost and expense. LICENSSEE shall DocuSign Envelope ID: D55DC722-C01E-4CAB-B8B6-6FB8D2AD6FF0

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-5-
notify CITY in writing sixty (60) days in advance of any planned modification(s) to equipment.
c) The lease and use of City vertical fiber, fiber from ground floor to top of building, is limited to one pair as part of this Agreement. Additional city fiber can be added at additional costs.
d) This Agreement will cover all items in Exhibit B. LICENSEE will update CITY with additions, removals, or replacement of items to the list. CITY will prorate fees based on date agreed upon by CITY and LICENSEE. e) Photo and physical review will be performed by CITY on an annual basis, if additional equipment is found and not documented or amended to contract, LICENSEE will be billed in full from the last documented annual review. f) CITY may supply power for units, power may not be conditioned. In the event of a power outage, the CITY generator may not supply power based on needs. g) LICENSEE shall remove the Equipment prior to the end of this agreement.

2. Access: Access to the City’s tower for installation or modification of equipment is on an escorted basis using CITY personnel at the appropriate CITY standard time and material billing rates on a portal-to-portal basis. LICENSEE must request site access three (3) working days prior to the desired access date for routine maintenance and repair activities at the Site. LICENSEE shall give CITY notice as soon as reasonably possible in the event of an emergency. After-hours and emergency access requests will be billed at the standard overtime rate then in effect.
a) LICENSEE may only access site with escort of CITY. Emergency access may be coordinated through the IT Help Desk at 831-768-3434. For routine access such as for preventative maintenance, LICENSSEE shall provide at least one week notice. Except in the case of an emergency, LICENSSEE may only access the site Monday through Friday between the hours of 9:30 am to 4:00 pm. For the purposes hereof, an emergency shall be deemed to be LICENSSEE’s inability to transmit signals from, or receive signals at, the Site or a situation that reasonably appears to present an imminent risk of bodily injury or property damage. LICENSSEE may be billed for actual time expended by CITY staff for site escorts as well as any other actual costs expended by CITY. This shall be limited to costs for staff that are otherwise billed to other CITY departments or agencies. Rates for such services will be billed to LICENSSEE at the same rate that CITY is currently billing CITY departments internally for similar services, subject to modification each July 1. LICENSSEE may request rates sixty (60) days in advance in writing by contacting CITY using the address listed on CITY website.

DocuSign Envelope ID: D55DC722-C01E-4CAB-B8B6-6FB8D2AD6FF0

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-6-

3. Equipment Changes: Changes and modifications to the Improvements that may alter LICENSEE's performance are to be coordinated between LICENSEE and CITY.
a). CITY retains the right to make any improvements to the Premises as reasonably deemed necessary by CITY. Said improvements shall not be inconsistent with CITY’s use of the Premises. Nothing contained in this Agreement shall be deemed or construed in any way to limit CITY’s authority to exercise any right or power concerning the utilization of the Premises. LESSEE’s use of the Premises shall be subordinate to CITY’s use of the Premises.

C. Additional Controlling Documents – The Site may be subject to Leases, Licenses, and/or Right-of-Way Grants/Temporary Use Permits secured by the CITY from other governmental or private agencies (collectively, the “Documents”).

LICENSEE acknowledges its interest in the License will be subject to the Documents and is responsible for any related costs to the extent incurred directly or indirectly by CITY due to LICENSEE’s use of the Site. LICENSEE will be furnished with copies of Documents and any amendments thereto.

D. LICENSEE’s Maintenance – The costs of any maintenance and operation of the Improvements shall be at the sole expense of LICENSEE.

E. Interference – Improvements shall be located so as not to interfere, physically or electronically, with any of CITY’s operations; provided however, that CITY acknowledges that the Improvements existing as of the Commencement Date do not cause such interference.

In the event CITY determines or is notified that the operation of LICENSEE’s Improvements is causing interference to the transmission and/or reception of any other communications systems in use at the Site, CITY shall notify LICENSEE to correct the problem. If such interference is not eliminated within a twenty-four (24) hour period after notice, CITY may take whatever immediate steps are reasonably necessary to eliminate said interference, including powering off LICENSEE’s equipment, removing LICENSEE’s equipment from service, and/or terminating this License, all without further prior notice.

4. RESERVED.

5. TERM: This License shall commence on July 1, 2023 (“Commencement Date”), and continue until June 30, 2024. Licensee is granted the option to extend the term of the license (“renewal option”) for one (1) one (1) year period following the expiration of the DocuSign Envelope ID: D55DC722-C01E-4CAB-B8B6-6FB8D2AD6FF0

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Initial Term. The renewal option may be exercised by giving notice of the exercise of the renewal option to CITY at least three (3) months before the expiration of the initial term.

6. FEE: LICENSEE shall pay to CITY the following monthly fee payments in advance on the first day of each month, commencing on the Commencement Date, continuing during the term:

Monthly Fee Amount: $1,500
A. In addition to the Lease Fees specified herein, LICENSSEE may be billed for actual time expended by CITY staff for resolution of issues related to the performance of this Agreement as well as any other actual costs expended by LICENSSEE. This shall be limited to costs for staff that are otherwise billed to other CITY departments or agencies. Rates for such services will be billed to LICENSSEE at the same rate that the CITY is currently billing CITY departments internally for similar services, subject to modification each July 1.

B. Pricing will follow State of California telecom lease rate guidelines.

C. FEE INCREASES: All Fees may be increased on each annual anniversary of the Commencement Date by an amount equal to three percent (3%) of the monthly License Fee paid for the previous year or by the actual change in costs based on actual costs increases to the City.

D. In no event shall License fees be less than pro-rata share of total annual site costs for the CITY. Therefore, in addition to this annual increase, the License fee may increase resulting from increases in actual costs to CITY. In the event of a fee increase which exceeds 3% in one year, CITY shall notify LICENSEE in writing of any proposed additional License Fee increase not less than one hundred and twenty (120) calendar days before any increased License Fee shall take effect.

E. Photo and physical review will be performed by CITY on an annual basis, if additional equipment is found and not documented or amended to contract, LICENSEE will be billed in full from the last documented annual review.

7. RESERVED.

8. HOLDING OVER: In the event LICENSEE shall hold over and continue to occupy the Premises with the consent of CITY, expressed or implied, the License shall be deemed to be based on month-to-month upon the same terms and conditions, except the License Fee which shall be one hundred fifty percent (150%) of the License Fee which existed and prevailed at the time of the expiration of the term of this License. For example, if the fee is One Thousand and 00/100 Dollars ($1,000.00) at the expiration of the term, the License Fee for holding over will be One Thousand Five Hundred and 00/100 Dollars ($1,500.00).

DocuSign Envelope ID: D55DC722-C01E-4CAB-B8B6-6FB8D2AD6FF0

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9. TAXES: LICENSEE shall pay all license or permit fees necessary or required by law for the conduct of its operation.

10. TERMINATION:

A. Right to Terminate for Convenience. CITYmayterminate this License for its convenience on at least thirty (30) days’ prior written notice from CITY to LICENSEE. Any such termination date shall coincide with the end of a calendar month. Neither party shall incur any liability to the other by reason of such termination.

B. LICENSEE’s Right to Terminate. This License may be terminated by LICENSEE at any time after thirty (30) days’ prior written notice to CITY. Any such termination date shall coincide with the end of a calendar month.

11. RATES AND PAYMENT TERMS:

Payment rates and conditions are set forth above in Section 6, FEES. Payment shall be due upon receipt of invoice and payable within thirty (30) days of invoice date.

Payment address is: City of Watsonville
Finance Department
250 Main Street
Watsonville, CA 95076

12. AGREEMENT AUTHORIZATION:

LICENSEE warrants and represents that the individual signing this License is a properly authorized representative of LICENSEE and has the full power and authority to enter into this License on LICENSEE’s behalf.

13. ASSIGNMENT:

This License, or any interest therein, including any claims for monies due with respect thereto, shall not be assigned by LICENSEE except with the consent of CITY, which consent shall not be unreasonably withheld, and any such assignment shall be void without such consent.

14. DEFAULT AND TERMINATION:

DocuSign Envelope ID: D55DC722-C01E-4CAB-B8B6-6FB8D2AD6FF0

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A. CITY’s Remedies for Licensee Default. The failure of any of the following requirements shall be deemed a breach of a material term of this License and this License shall be subject to immediate termination under the following circumstances:

1. LICENSEE fails and neglects to comply with any monetary obligation herein, after ten (10) days’ written notice and demand; or

2. LICENSEE fails or neglects to comply with any reasonable requirement of CITY after thirty (30) days’ written notice and demand; or

3. LICENSEE fails or neglects to comply with any Agreement or Permit to which CITY is subject after notice and LICENSEE's failure to cure such failure or neglect after notice and within the cure periods specified in this Section 14., or as provided in any such Agreement or Permit.

In the event of such termination, CITY may immediately disconnect any CITY circuits involved in this License, either electronically or physically. LICENSEE shall, if appropriate, immediately remove any and all of LICENSEE’s Improvements from the Site and surrender all rights and privileges under this License. If LICENSEE fails to restore the Premises to its former condition, reasonable wear and tear excepted, within thirty (30) days after such termination, the CITY may restore the Premises at LICENSEE’s sole expense.

B. LICENSEE’s Remedies for CITY’s Default. In the event of CITY’s default of any material obligation herein, where LICENSEE has performed all material provisions of this License, LICENSEE may demand in writing that the default be cured within thirty (30) days after the receipt of such notice by CITY. The failure to cure such default within the stated period shall constitute a breach of this License, and LICENSEE may elect to terminate this License immediately by providing CITY written notice of termination.

15. INDEMNIFICATION AND INSURANCE:

A. Indemnification
Notwithstanding any other provision herein to the contrary and subject to Section 15.B below, LICENSEE agrees to indemnify, defend and hold harmless CITY and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability to the extent arising from LICENSEE’s negligence or willful misconduct and for any costs or expenses reasonably incurred by CITY on account of any claim in connection with this Agreement therefore, except where such indemnification is prohibited by law, and except to the extent caused by the negligence or willful misconduct of CITY or CITY's agents, employees, or contractors.

DocuSign Envelope ID: D55DC722-C01E-4CAB-B8B6-6FB8D2AD6FF0

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The CITY agrees to indemnify, defend and hold harmless LICENSEE, and its officers, employees, agents and volunteers from any and all damages for injury to persons and damage to property arising out of the sole negligence of the CITY, its officers, employees, agents or volunteers in connection with this Agreement.

In the event CITY and/or LICENSEE is found to be comparatively at fault for any claim, action, loss, or damage which results from their respective obligations under the License, the CITY and/or LICENSEE shall indemnify the other to the extent of its comparative fault.

Furthermore, if CITY or LICENSEE attempts to seek recovery from the other for Workers’ compensation benefits paid to an employee, CITY and LICENSEE agree that any alleged negligence of the employee shall not be construed against the employer of that employee.

B. Insurance
Without in any way affecting the indemnity herein provided and in addition thereto, the LICENSEE shall secure and maintain throughout the License term the following types of insurance with limits as shown:

1. Workers’ Compensation - To meet Labor Code of the State of California including Employer’s Liability with limits of $250,000 each accident/disease/policy limit.

2. Commercial General Liability with limits of one million dollars per occurrence for bodily injury and property damage and one million dollars ($1,000,000) general aggregate; and

3. Commercial Automobile Liability in the amount of one million dollars ($1,000,000) combined single limit each accident for bodily injury and property damage.

4. Real Property Insurance - Covering all of the Improvements and LICENSEE's personal property against loss or damage by fire, lightning, extended coverage, vandalism, malicious mischief and earthquake in an amount equal to their replacement value.

5. Additional Insured – LICENSEE agrees that it will include CITY as an additional insured on its liability policies.

6. Waiver of Subrogation Rights – LICENSEE hereby waives all subrogation and/or recovery rights against CITY, its employees, agents, volunteers, contractors, and sub-contractors.

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7. Policies Primary and Non-Contributory – All policies required above are to be primary and non-contributory with any insurance or self-insurance programs carried or administered by CITY, as relates to LICENSEE's negligence.

CITY is a public entity and is self-insured. LICENSEE and CITY acknowledge that CITY is legally self-insured for Workers’ Compensation up to statutory limits.

LICENSEE and CITY accept such self-insurance as satisfying the Workers’ Compensation requirements under this License.

16. HAZARDOUS MATERIALS:

A. "Hazardous Materials" shall mean any substance deemed to be hazardous, toxic or dangerous in any Hazardous Waste Law, and shall include petroleum. "ACMs" shall mean asbestos containing materials. "Hazardous Water Laws" shall mean all applicable federal, state, or local laws or regulations governing Hazardous Materials and/or ACMs.

B. Neither LICENSEE or CITY has, nor will, generate, store or dispose of any Hazardous Materials or ACMs on or about the Premises in violation of any Hazardous Waste Laws. To the best of CITY's knowledge, CITY does not know of the existence of any hazardous Materials or ACMs on the Premises in violation of any Hazardous Waste Laws and CITY has not received any written notice of any violation of Hazardous Waste Laws, or any written directive to perform any work in accordance therewith. CITY shall be responsible for remediation of any release of any Hazardous Materials in accordance with all applicable laws, which release does not result from LICENSEE's activities. LICENSEE shall be responsible to the extent any release results from LICENSEE's (including LICENSEE’s agents, employees, or contractors) activities. Notwithstanding the foregoing, CITY shall be responsible for abating any ACMs that will be disturbed by LICENSEE's permitted use.

17. CASUALTY:

In the event of damage by fire or other casualty to CITY’s tower or the Premises which LICENSEE did not cause, contribute to or exacerbate and which is not repaired within forty-five (45) days following same or, if the Site is damaged by fire or other casualty so that such damage disrupts LICENSEE’s operations at the Premises for more than forty-five (45) days, then LICENSEE may, at any time following that period, terminate this License upon fifteen (15) days prior written notice to CITY. Any such notice of termination shall cause this License to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this License and the parties shall make an appropriate adjustment, as of such termination date, with respect to payments due to the other under this License.

Notwithstanding the foregoing, the rent shall abate during the period of repair following DocuSign Envelope ID: D55DC722-C01E-4CAB-B8B6-6FB8D2AD6FF0

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such fire or other casualty in proportion to the degree to which LICENSEE’s use of the Premises is impaired.

18. CONDEMNATION:

In the event of condemnation of all or any portion of the Site, this License shall terminate as to the part so taken as of the date the condemning authority takes title or possession, whichever occurs first. If as a result of a partial condemnation of the Premises or CITY’s tower, LICENSEE, in LICENSEE’s sole discretion, is unable to use the Premises for the purposes intended hereunder, or if such condemnation disrupts LICENSEE’s operations at the Premises for more than forty-five (45) days, LICENSEE may, at LICENSEE’s option, which must be exercised in writing within fifteen (15) days after CITY shall have given LICENSEE written notice of such taking (or in the absence of such notice, within fifteen (15) days after the condemning authority shall have taken possession) terminate this License as of the date the condemning authority takes such possession. LICENSEE may on its own behalf make a claim in any condemnation proceeding involving the Premises for its losses related to the equipment, conduits, fixtures, its relocation costs and its damages and losses (but not for the loss of any possessory interest). The parties shall make an appropriate adjustment to payments due to the other under this License for the time of the LICENSEE is unable to use the Premises. If LICENSEE does not terminate this License in accordance with the foregoing, this License shall remain in full force and effect as to the portion of the Premises remaining, except that the rent shall be reduced in the same proportion as the rentable area of the Premises taken bears to the total rentable area of the Premises.

19. FORCE MAJEURE:

CITY shall not be held liable for any delay or failure in performance of any part of this agreement from any cause beyond its control and without its fault or negligence, such as acts of God, acts of civil or military authority, government regulations, strikes, labor disputes, embargoes, epidemics, war, terrorist acts, riots, insurrections, fire, explosions, earthquakes, nuclear accidents, floods, power blackouts, brownouts, or surges, volcanic action, other major environmental disturbances, unusually severe weather conditions, inability to secure product or services of other persons or transportation facilities, or acts or omissions of transportation common carriers.

20. FAA SPECIAL PROVISIONS FOR PREMISES LOCATED AT CITY AIRPORT:

A. LICENSEE, for itself, its personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that in event facilities are constructed, maintained, or otherwise operated on the property described in this License for a purpose for which a DOT program or activity is extended of for another purpose involving the provision of similar services or benefits, LICENSEE shall maintain and operate such facilities and DocuSign Envelope ID: D55DC722-C01E-4CAB-B8B6-6FB8D2AD6FF0

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services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, DOT, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-Assisted Programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended.

B. LICENSEE for itself, its personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby further covenant and agree as a covenant running with the land that: (a) no person on the grounds of race, color or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of facilities; (b) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subject to discrimination; (c) that LICENSEE shall use the with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 2 1, Nondiscrimination in Federally-Assisted Programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964, and as such Regulations may be amended.

C. In the event of breach of any of the nondiscrimination covenants, CITY shall have the right to terminate this License and to reenter and repossess the Premises and the facilities thereon, and hold the same as if this License had never been made or issued.

The provision does not become effective until the procedures of 49 CFR Part 21 are followed and completed including expiration of appeal rights.

D. LICENSEE shall furnish its accommodations and/or services on a fair, equal and not unjustly discriminatory basis to all users thereof and it shall charge fair, reasonable and not unjustly discriminatory prices for each unit or service; PROVIDED, THAT LICENSEE may be allowed to make reasonable and nondiscriminatory discounts, rebates or other similar type of price reductions to volume purchasers.

E. Non-compliance with paragraph D, above shall constitute a material breach thereof and in the event of such non-compliance CITY shall have the right to terminate this License without liability therefore or at the election of CITY or the United States either or both Governments shall have the right to judicially enforce paragraph D, above.

F. LICENSEE shall insert the provisions of this section in any agreement or contract by which LICENSEE grants a right of privilege to any person, firm or corporation to render accommodations and/or services to the public on the Premises herein licensed.

G. LICENSEE assures that it will undertake an affirmative action program as required by 14 CFR Part 152, Subpart E, to insure that no personal shall be on the grounds of race, creed, color, national origin, or sex be excluded from participating in any employment activities covered in 14 CFR, Subpart E. LICENSEE assures that no person shall be DocuSign Envelope ID: D55DC722-C01E-4CAB-B8B6-6FB8D2AD6FF0

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excluded on these grounds from participating in or receiving the services or benefits of any program or activity covered by such subpart. LICENSEE assures that it will require that it’s covered by such subpart. LICENSEE assures that it will require that its covered sub organizations provide assurances to LICENSEE that they similarly will undertake affirmative action programs and that they will require assurances from their suborganizations, as provided by 14 CFR Part 152, subpart 2, to the same effect.

H. CITY reserves the right to further develop or improve the landing area of the Airport as it sees fit, regardless of the desires or views of LICENSEE and without interference of hindrance. Such reservation included without limitation the right to develop and operate other airports, to relocate existing operations at other airports and to offer services and facilities at the other airports that may compete with the operations of LICENSEE.

I. CITY reserves the right, but shall not be obligated to LICENSEE, to maintain and keep in repair the landing area of the Airport and all publicly-owned facilities at the Airport, together with the right to direct and control all activities of LICENSEE in this regard.

J. This License shall be subordinate to the provisions and requirements of any existing or future agreement between CITY and the United States or other governmental authority, relative to the development, operation or maintenance of the Airport, the execution of which has been or will be required as a condition precedent to the granting of Federal or other governmental funds for the development of the Airport, to the extent of the provisions of any existing or future funds. CITY agrees to provide LICENSEE written advance notice of any provisions that would adversely modify the material terms of this License.

K. LICENSEE agrees to comply with the notification and review requirements covered in Part 77 of the Federal Aviation Regulations in the event future construction of a building is planned for the Premises, or in the event of any planned modification or alteration of any present or future building or structure situated on the Premises.

L. It is understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right within the meaning of Section 308a of the Federal Aviation Act of 1958 (49 U.S.C. 1349a).

M. There is hereby reserved to CITY, its successor and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the Premises. This public right of flight shall include the right to cause in the airspace any noise inherent in the operation of any aircraft used for navigation or flight through the airspace or landing at, taking off from or operation on the Airport.

N. LICENSEE, by accepting this License expressly agrees for itself, its successors and assigns, that it will not erect nor permit the erection of any structure or object nor permit the growth of any tree on the land licensed hereunder above the mean sea level DocuSign Envelope ID: D55DC722-C01E-4CAB-B8B6-6FB8D2AD6FF0

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elevation of more than 100 feet. In the event the aforesaid covenants are breached, CITY reserves the right to enter upon the Premises and to remove the offending structure or object and cut the offending tree, all of which shall be at the expense of LICENSEE.

O. LICENSEE, by accepting this License expressly agrees for itself, its successors and assigns, that it will not make use of the Premises in any manner which might interfere with the landing and taking off of aircraft from the Airport or otherwise constitute a hazard. In the event the aforesaid covenant is breached, CITY reserves the right to enter upon the Premises and cause the abatement of such interference at the expense of LICENSEE.

P. This License and all the provisions hereof shall be subject to whatever right the United States government now has or in the future may have or acquire, affecting the control, operation, regulation and taking over of the Airport or the exclusive or non-exclusive use of the Airport by the United States during the time or war or national emergency.

21. OTHER OPERATIONS:

It is understood and agreed that the use authorized at the PREMISES by this License is not given to LICENSEE exclusively but may be given to any other LICENSEE at the PREMISES at the sole discretion of CITY.

22. GENERAL TERMS AND CONDITIONS:

A. Permits - LICENSEE is required to and responsible for obtaining and paying any costs of all permits, licenses or approvals by any regulatory bodies having jurisdiction over the uses authorized herein, as appropriate.

B. Waiver - No waiver of a breach of any provision of this License by either party shall constitute a waiver of any other breach, or of such provision. Failure of CITY to enforce at any time, or from time to time, any provision of this License shall not be construed as a waiver thereof. The remedies herein reserved shall be cumulative and additional to any other remedies in law or equity.

C. Validity - The invalidity in whole or in part of any provision of this License shall not void or affect the validity of any other provision.

D. Captions and Paragraph Headings - Captions and paragraph headings used herein are for convenience only and are not a part of this License and shall not be used in construing it.

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E. Exhibits - All Exhibits attached hereto, if any, are an integral part of this License and are incorporated herein by reference.

F. Entire Agreement - This License shall be governed by the laws of the State of California and constitutes the entire agreement between the parties and supersedes all prior negotiations, discussions, and preliminary understanding. This License may be amended as CITY and LICENSEE mutually agree in writing. Any such amendment must be signed/approved by authorized representatives of the CITY and LICENSEE.

G. Notifications - All notices or demands required, or permitted to be given or made hereunder, shall be in writing and shall be deemed validly given if sent by certified mail, return receipt requested or by commercial courier, provided the courier's regular business is delivery service and provided further that it guarantees delivery to the addressee by the end of the next business day following the courier's receipt from the sender. Notice shall be effective upon two (2) days after date of mailing.

Each such notice is to be sent to the respective party at the address indicated below or to any other address or person that the respective party may designate by written notice delivered pursuant hereto:

To CITY: City of Watsonville
Watsonville Municipal Airport
100 Aviation Way
Watsonville, CA 95076
To LICENSEE: County Of Santa Cruz
Information Services Department
701 Ocean Street, Room 315
Santa Cruz, CA 95060
H. Authority. CITY warrants and represents to LICENSEE that (a) CITY has full authority to enter into this License and to grant the licenses provided herein and to CITY’s knowledge, there are no undisclosed liens, judgments or impeachments of title on the Site that prevent the use of the Premises by LICENSEE as set forth herein.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
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[Signatures appear on following page]
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IN WITNESS THEREOF, the parties executed this License.

LICENSEE:

COUNTY OF SANTA CRUZ
By: _________________________________
Tammie Weigl, Director
APPROVED AS TO INSURANCE:

By: _________________________________
Risk Management
APPROVED AS TO FORM:

By: _________________________________
Office of the County Counsel
CITY:

CITY OF WATSONVILLE, a California charter
city and municipal corporation
By: _________________________________
Rene Mendez, City Manager
ATTEST:

By: _________________________________
Irwin I. Ortiz, City Clerk
APPROVED AS TO FORM:

By: _________________________________
Samantha Zutler, City Attorney
DocuSign Envelope ID: D55DC722-C01E-4CAB-B8B6-6FB8D2AD6FF0 6/28/2023
6/28/2023
6/29/2023

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EXHIBIT “A”
Legal Description
A portion of the existing CITY communication site; described as Parcel Number 015-221-02-000.

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EXHIBIT “B”
Location of Premises, Site Information and Equipment

TOWER DESCRIPTION
100’ Tri-Ex 3-legged self-support tower located at 370 Airport Boulevard, Watsonville, California as shown on the tax map of the County of Santa Cruz as Assessor’s Parcel Number 015-221-02-000.

The County Equipment consists of the following:

Watsonville FS#2 inventory:
(6) Tait TB-8100 repeaters
(1) Endrun GPS unit
(1) Duplexor
(1) transmitter combiner
(1) Receive multicoupler
(1) Lamarche power supply
(12) Backup batteries
(2) Constellation microwaves
(1) Microwave power supply
(1) Stand up ac unit
(5) 8 foot racks
Watsonville Tower inventory:
(3) 6 foot microwave dishes
(1) GPS antenna
(7) Radio antennas
Coax runs to all antennas
Guide to all microwave antennas
DocuSign Envelope ID: D55DC722-C01E-4CAB-B8B6-6FB8D2AD6FF0

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7/13/2023 7:58:57 PM
C:\Program Files\eSCRIBE\TEMP\19585468910\19585468910,,,Report - 1st Amendment PVUSD ELOP Program .docx Agenda Report
MEETING DATE: Tuesday, July 18, 2023
TO: City Council
FROM: PARKS & COMMUNITY SERVICES DIRECTOR CALUBAQUIB

IMELDA NEGRETE, RECREATION SUPERINTENDENT
THROUGH: CITY MANAGER MENDEZ
SUBJECT: RESOLUTION APPROVING FIRST AMENDMENT TO

AGREEMENT WITH PVUSD ELOP TO PROVIDE SCIENCE

WORKSHOP STEAM PROGRAMMING
RECOMMENDED ACTION:

Adopt a resolution approving First Amendment to the Site Services Agreement/Short Term Agreement with Pajaro Valley Unified School District (PVUSD) to provide after school Environmental Science Workshop programming at PVUSD Elementary and Middle School sites through the District’s Expanded Learning Opportunities Program, extending the term of the agreement through June 30, 2024, and directing the City Manager to execute the same; and appropriating $146,800 for Fiscal Year 2023-2024.

BACKGROUND:

On September 13, 2022, the City Council adopted Resolution No. 192-22 (CM), approving the site services agreement/short term agreement for provision of after school environmental science workshop programming at PVUSD elementary and middle school sites through June 30, 2023.

DISCUSSION:

During the 2022-2023 school year, after school programming Environmental Science Workshop programming has been held at PVUSD elementary and middle school sites.

PVUSD wishes to continue with this strong partnership. The contract continues to be sufficient in size and scope to continue to cover all staffing and material costs. The proposed amendment:
 Extend the existing contract term to June 30, 2024.
 Appropriating the remaining $146,800 for Fiscal Year 2023 – 2024 STRATEGIC PLAN:
 05- Community Engagement and Well-Being by providing activities to improve the quality of life for youth.

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7/13/2023 7:58:57 PM
C:\Program Files\eSCRIBE\TEMP\19585468910\19585468910,,,Report - 1st Amendment PVUSD ELOP Program .docx FINANCIAL IMPACT:

There is no direct financial impact to the City, as all programming and staffing fees are paid by PVUSD. The recommendation is that the balance left on this contract ($146,800) be appropriated as follows:

Revenue
 260-337-5890-11099: $146,800
Expenses
 260-337-7011-11099: $55,000
 260-337-7021-11099: $75,000
 260-337-7559-11099: $16,800
ALTERNATIVE ACTION:

The Council could not approve this Resolution and Environmental Science Workshop programming at PVUSD elementary and middle schools sites would not continue.

ATTACHMENTS AND/OR REFERENCES (If any):
1) Reso No. 192-22 – Approving Agrmt with PVUSD

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1 Reso No. 192-22 (CM)
Meeting Date: 091322
RESOLUTION NO. 192-22 (CM)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE APPROVING SITE SERVICE AGREEMENT/SHORTTERM AGREEMENT BETWEEN THE CITY OF WATSONVILLE AND THE PÁJARO VALLEY UNIFIED SCHOOL DISTRICT, TO PROVIDE AFTER

SCHOOL ENVIRONMENTAL SCIENCE WORKSHOP PROGRAMMING AT

PVUSD ELEMENTARY AND MIDDLE SCHOOL SITES THROUGH THE
DISTRICT’S EXPANDED LEARNING OPPORTUNITIES PROGRAM,

AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE
SAME; AND APPROPRIATING $225,000 IN REVENUE FROM PVUSD TO

CITY GENERAL FUND

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA AS FOLLOWS:

1. This action is exempt from the requirements of the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15378(b)(5), in that adopting a Resolution approving agreement with PVUSD does not meet CEQA's definition of a “project,” because the action does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment, and because the action constitutes organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment and if a “project,” is exempt under the “common sense” exception (14 Cal. Code Regs. § 15061(b)(3)) because it can be seen with certainty that there is no possibility that this action may have a significant effect on the environment.

2. That the Site Service Agreement/Short-Term between the City of Watsonville and the Pájaro Valley Unified School District, for after school Environmental Science Workshop programming at PVUSD elementary and middle school sites through the District’s Extended Learning After School Academic and Enrichment Program, for FY DocuSign Envelope ID: 59EE6CEC-C5E1-443E-9230-61C8DA55B262 Attachment 1

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2 Reso No. 192-22 (CM)
Meeting Date: 091322
22-23, in the amount not to exceed $225,000, a copy of which Agreement is attached hereto and incorporated herein by this reference, is fair and equitable and is hereby ratified and approved.

3. That the City Manager be and is hereby authorized and directed to execute said Agreement and any amendments thereto, and all required documents for and on behalf of the City of Watsonville.

4. That the budget appropriation of $225,000 to the General Fund [0150] is hereby authorized.
***************************************
DocuSign Envelope ID: 59EE6CEC-C5E1-443E-9230-61C8DA55B262 Attachment 1

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3 Reso No. 192-22 (CM)
Meeting Date: 091322
The foregoing resolution was introduced at a regular meeting of the Council of the City of Watsonville, held on the 13th day of September , 2022, by Member Garcia , who moved its adoption, which motion being duly seconded by Mayor Pro Tempore Montesino , was upon roll call carried and the resolution adopted by the following vote:

AYES: COUNCIL MEMBERS: Estrada, García, Hurst, Montesino, Quiroz-Carter, Parker
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: Dutra
____________________________
Ari Parker, Mayor
ATTEST:
_____________________________
City Clerk
_______________________
Date
APPROVED AS TO FORM:
_____________________________
City Attorney
************************************
I, Irwin I. Ortiz, City Clerk of the City of Watsonville, do hereby certify that the foregoing Resolution No. 192-22 (CM) was duly and regularly passed and adopted by the Watsonville City Council at a meeting thereof held on the 13th day of September, 2022, and that the foregoing is a full, true and correct copy of said Resolution.
________________________________
Irwin I. Ortiz, City Clerk
Date__________________________
DocuSign Envelope ID: 59EE6CEC-C5E1-443E-9230-61C8DA55B262 9/16/2022 | 3:45 PM PDT
9/16/2022 | 3:45 PM PDT
~ DocuSigned by:

L ~ 22~=
GDocuSigned by:

VWilA, Mi'] 95926F9A882E4FA. ..

Attachment 1

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P:\FORMS\AGREEMENT - ROUTING FORM UPDATED DECEMBER 2020.DOCX

CITY MANAGER /CITY ATTORNEY

SIGNATURE REQUEST ROUTING FORM
Include insurance documents, signed agreements, and all relevant documentation.

All documents must be signed by contractor/lessee and in Munis (if applicable) prior to routing to City Clerk.

Request:
 City Manager Signature  City Attorney Review/Approval  Notarization  Munis Approval NOT REQUIRED  IT Reviewed (if applicable) – THIS CONTRACT INVOLVES TECHNOLOGY, AN EMAIL FROM THE IT DIRECTOR APPROVING THE CONTRACT MUST ACCOMPANY THIS FORM.

All documents routed for signatures must be approved by Department Head.

Department Head Approval: _____________________________________ Date:_____________________ Signature
To be completed by initiating department: (PLEASE COMPLETE ENTIRELY) Staff Responsible:____________________ Department:________________________ Phone Ext: ___________ Contractor/Vendor Name: ______________________________________________________________________ Project Title: ________________________________________________________________________________ Original Contract Amount: $____________________ Changer Order/Amendment No(s) ____________________ Amendment Amount $ _____________________ Cumulative Total $____________________________________ Funding Source (Name of Acct. & Enterprise)______________________________________________________ Budget Account No(s): ________________________________________________________________________ Resolution No. (if any): _____________________ MUNIS Contract No. (if applicable): ______________________  Document is within CM signature authority up to $100,000 (cumulative) for professional services or Public projects meeting the amount set forth in subdivision (b) of California Public Contract Code Section 22032, except as otherwise provided by State legislation, the project shall be let to contract by formal bidding procedure.
 Insurance is up to date and included.
 (For Bids only) DIR Extract Form has been filled and attached (due within 5 days of award of contract by Council or within 5 days from City Manager signature of Quick Bid)  This is a form agreement prepared by City Attorney’s Office. (See http://intranet.ci.watsonville.ca.us/node/303)
 No changes were made; or
 Changes are described AND redlined version is attached.  This is not a form agreement prepared by City Attorney’s Office.

Previously prepared or reviewed by: ___________________________________  $10,000 to $100,000 complete memo stating quotes obtained, include names and amounts, if did not obtain any, explain reasons pursuant to WMC 3-5.530.  Sole Source (attach memo explaining reasons for sole source or list any other exemptions pursuant to (WMC 3-5.210)).

Description of project, scope of work or purchase (must be detailed, incomplete or deficient statements will be sent back):
___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________  Consultant Required to File FPPC Form 700 (Statement of Economic Interests) Adriana Flores Parks & Community Services 3242 Pajaro Valley Unified School District Environmental Science Workshop STEAM Programming 225,000.00 PVUSD to Pay City • Revenue: 337-XXXX-XXXX: $225,000 • Expenses: • 337-7011-XXXXX = $10,000 • 337-7021-XXXXX = $185,000 • 337-7559-XXXXX = $30,000 N/A N/A CAO Zutler's Office has approved PVUSD agreement. PVUSD and City are partnering to offer Science Workshop Environmental STEAM activities at various sites. This item is going to City Council for approval on 9/13/22.

DocuSign Envelope ID: 4D68AB12-EB57-42CE-9F18-2B352F963AC1 9/28/2022 | 4:43 PM PDT
• • •
•
•
Attachment 1

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INDEPENDENT CONTRACTOR - SITE VISITOR AGREEMENT PAGE 1

PAJARO VALLEY UNIFIED SCHOOL DISTRICT

SITE SERVICES AGREEMENT / SHORT-TERM
(INDEPENDENT CONTRACTOR)
This Site Services Agreement (“Agreement”) is made as of ________, between the PAJARO VALLEY UNIFIED SCHOOL DISTRICT ("District") and City of Watsonville Environmental Science Workshop ("Contractor") (together, “Parties”).

1. Services. The Contractor shall furnish to the District In person STEAM lessons throughout the Extended Learning After School Programs services, as further detailed in EXHIBIT A, attached hereto and incorporated herein by this reference (“Services”), at Various PVUSD school site locations (“Site”).

1.1. District compensation to the Contractor shall not exceed $225,000 (Two hundred twenty- five thousand dollars and no cents.) inclusive of any costs or expenses paid or incurred by Contractor in performing the Services. Payment shall be made for all undisputed amounts within thirty (30) days after the Contractor submits a detailed invoice to the District’s Accounts Payable Department for Services actually performed.

1.2. Contractor shall furnish, at his/her own expense, all tools, labor, materials, equipment, supplies, transportation services and any other items (collectively, “Equipment”) necessary to complete the Services. District shall not be responsible for any damages to persons or property as a result of the use, misuse or failure of any Equipment used by Contractor of the Contractor’s agents, personnel, employee(s), and/or subcontractor(s) (“Contractor Parties”), even if such Equipment is furnished, rented or loaned to Contractor or Contractor Parties by District. Contractor shall secure and maintain in force, at Contractor’s sole cost and expense, all licenses, registration and permits as are required by law, in connection with the furnishing the Services.

2. Independent Contractor. Contractor, in the performance of this Agreement, shall be and act as an independent contractor with the sole authority for controlling and directing the performance of the details of the Services, District being interested only in the results obtained. Contractor shall assume full responsibility for payment of all federal, state and local taxes or contributions, including unemployment insurance, social security and income taxes with respect to Contractor's employees. By checking the applicable box below, Contractor hereby represents and warrants to District the following:
□ Contractor does not employ anyone in the manner subject to the workers’ compensation laws of California; or
X Prior to commencing Services under the Agreement, Contractor has submitted and the District approved the Workers’ Compensation Certification, attached hereto and incorporated herein by this reference.

3. PERS and STRS Compliance. If Contractor is an individual, Contractor must answer the following (Contractors that are business entities may disregard):

Are you now, or have your ever been, a member of the Public Employees’ Retirement System (PERS) or the State Teachers’ Retirement System (STRS)? No Yes. If yes, PERS or STRS. Retired PERS or STRS
I certify that all Services shall be rendered at times other than my regular assigned workday at that agency.

Note: Individuals paid as a consultant but later hired by District as an employee will be subject to payroll taxes for all earnings accrued in the calendar year hired, including any consult fees earned in the year.

4. Fingerprinting. Contractor and the Contractor Parties shall only have limited or no contact with District students at all times during the Term of this Agreement.

DocuSign Envelope ID: 4D68AB12-EB57-42CE-9F18-2B352F963AC1 10/7/2022 | 12:19 PM PDT
Attachment 1

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Contractor will be in the immediate presence of a District staff member should Contractor have contact with students while conducting the Services.

5. Confidentiality. The Contractor and all Contractor Parties shall maintain the confidentiality of all information received in the course of performing the Services. This requirement to maintain confidentiality shall survive termination of this Agreement.

6. Safety and Security. Contractor is responsible for maintaining safety in the performance of this Agreement. Contractor shall be responsible to ascertain from the District the rules and regulations pertaining to safety, security, and driving on school grounds, particularly when children are present.

7. Termination by District. District may, at any time, with or without reason, terminate this Agreement and compensate Contractor only for Services satisfactorily rendered to the date of termination. Upon termination, Contractor shall provide the District with all documents produced maintained or collected by Contractor pursuant to this Agreement, whether or not such documents are final or draft documents.

8. Indemnification. To the furthest extent permitted by California law, Contractor shall, at its sole expense, indemnify, and hold harmless the District, the State of California, and their agents, representatives, officers, contractors, employees, trustees, and volunteers (the “District Parties”) from any and all demands, losses, liabilities, claims, suits, and actions (the “Claims”) of any kind, nature, and description, including, but not limited to, personal injury, death, property damage, and/or attorneys’ fees and costs, directly or indirectly arising out of, connected with, or resulting from the performance of the Agreement or from any activity, work, or thing done, permitted, or suffered by the Contractor under or in conjunction with this Agreement, unless the Claims are caused wholly by the sole negligence or willful misconduct of the District Parties. Contractor shall, to the furthest extent permitted by California law, defend the District Parties at Contractor’s own expense, from any and all Claim(s) and allegations relating thereto with counsel approved by District where such approval is not to be unreasonably withheld.

9. Limitation of District’s Liability. District’s financial obligations under this Agreement shall be limited to the payment of the compensation provided in this Agreement. Notwithstanding any other provision of this Agreement, in no event shall District be liable, regardless of whether any claim is based on contract or tort, for any special, consequential, indirect or incidental damages, including, but not limited to, lost profits or revenue, arising out of or in connection with this Agreement for the Services performed in connection with this Agreement.

10.Contractor’s Insurance. Contractor has in force, and during the term of this Agreement shall maintain in force with the minimum indicated limits, the following insurance: SEE

EXHIBIT B FOR INSURANCE LIMITS AND DOCUMENTATION PROVIDED BY THE CITY OF WATSONVILLE. Contractor shall provide to the District certificate(s) of insurance and endorsements satisfactory to the District. The policy(ies) shall not be amended or modified and the coverage amounts shall not be reduced without thirty (30) days’ written notice to the District prior to cancellation. Except for worker’s compensation insurance, the District shall be named as an additional insured on all policies. Contractor’s policy(ies) shall be primary; any insurance carried by the District shall only be secondary and supplemental.

Contractor shall not allow any subcontractor, employee, or agent to commence work on this Agreement or any subcontract until the insurance required of Contractor, subcontractor, or agent has been obtained.

11.Compliance with Laws; Effect of Noncompliance. Contractor shall observe and comply with all rules and regulations of the governing board of the District and all federal, state, and local laws, ordinances and regulations.

12.Labor Code Requirements. If applicable, Contractor shall comply with all applicable provisions of the California Labor Code, Division 3, Part 7, Chapter 1, Articles 1 – 5, including, without limitation, the payment of the general prevailing per diem wage rates for public work projects of more than one thousand dollars ($1,000). Copies of the prevailing rate of per DocuSign Envelope ID: 4D68AB12-EB57-42CE-9F18-2B352F963AC1 Attachment 1

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diem wages are on file with the District or available online at http://www.dir.ca.gov/. In addition, the Contractor and each subcontractor shall comply with Chapter 1 of Division 2, Part 7 of the California Labor Code, beginning with Section 1720, and including Section 1735, 1777.5 and 1777.6, forbidding discrimination, and Sections 1776, 1777.5 and 1777.6 concerning the employment of apprentices by Contractor or subcontractors. Willful failure to comply may result in penalties, including loss of the right to bid on or receive public works contracts.

12.1. Registration: Contractor and its subcontractor(s) shall be registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 and in accordance with Labor Code section 1771.1.

12.2. Registered Subcontractor List: Within 30 days of the award of contract or prior to commencing the Services under this Agreement, whichever occurs first, Contractor shall provide District all information required by Labor Code section 1773.3, as amended by Stats. 2017, Ch. 28, Sec. 21, for Company and all tiers of Subcontractors to enable District to provide notice to the Department of Industrial Relations (DIR) of the Agreement (PWC-100 form). Contractor shall submit and maintain an updated Registered Subcontractor List including all Subcontractors of any tier furnishing labor, material, or equipment.

12.3. Certified Payroll Records: Contractor and its subcontractor(s) shall upload certified payroll records (“CPR”) electronically using California Department of Industrial Relations’ (DIR) eCPR System by uploading the CPRs by electronic XML file or entering each record manually using the DIR’s iform (or current form) online on a weekly basis and within ten (10) days of any request by the District or Labor Commissioner at http://www.dir.ca.gov/Public-Works/Certified-Payroll-Reporting.html or current application and URL, showing the name, address, social security number, work classification, straight time, and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the Contractor and/or each subcontractor in connection with the Services.

12.4. Labor Compliance: Contractor shall perform the Services while complying with all the applicable regulations, including section 16000, et seq., of Title 8 of the California Code of Regulations and is subject to labor compliance monitoring and enforcement by the Department of Industrial Relations.

13.Integration; Entire Agreement of Parties; Amendments. This Agreement constitutes the entire agreement between the Parties and supersedes all prior discussions, negotiations, and agreements, whether oral or written. This Agreement may be amended or modified only by a written instrument executed by both Parties. This agreement is not valid until approved/ratified by District’s Board of Education.

14.Governing Law. This Agreement shall be governed by and the rights, duties and obligations of the Parties shall be determined and enforced in accordance with the laws of the State of California. The Parties further agree that any action or proceeding brought to enforce the terms and conditions of this Agreement shall be maintained in the County where the District’s administrative offices are located.

15.Disputes. In the event of a dispute between the parties as to performance of the Services, the interpretation of this Agreement, or payment or nonpayment for work performed or not performed, the Parties shall attempt to resolve the dispute in good faith. Disputes may be determined by mediation if mutually agreeable, otherwise by litigation. Notice of the demand for mediation of a dispute shall be filed in writing with the other party to the Agreement. The demand for mediation shall be made within a reasonable time after written notice of the dispute has been provided to the other party, but in no case longer than ninety (90) days after initial written notice. If a claim, or any portion thereof, remains in dispute upon satisfaction of all applicable dispute resolution requirements, the Contractor shall comply with all claims presentation requirements as provided in Chapter 1 (commencing with section 900) and Chapter 2 (commencing with section 910) of Part 3 of Division 3.6 of Title 1 of DocuSign Envelope ID: 4D68AB12-EB57-42CE-9F18-2B352F963AC1 Attachment 1

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Government Code as a condition precedent to the Contractor’s right to bring a civil action against the District. For purposes of those provisions, the running of the time within which a claim must be presented to the District shall be tolled from the time the Contractor submits its written claim until the time the claim is denied, including any time utilized by any applicable meet and confer process.

16.Attorney Fees; Costs. Should litigation be necessary to enforce any terms or provisions of this Agreement, then each party shall bear its own litigation and collection expenses, witness fees, court costs and attorney’s fees.

17.Waiver. The waiver by either party of any breach of any term, covenant, or condition herein contained shall not be deemed to be a waiver of such term, covenant, condition, or any subsequent breach of the same or any other term, covenant, or condition herein contained.

18.Assignment. Contractor shall not assign or transfer in any way any or all of its rights, burdens, duties, or obligations under this Agreement without the prior written consent of the District.

19.Severability; Provisions Required by Law. If any term, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force and effect, and shall not be affected, impaired or invalidated in any way. Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein and this Agreement shall be read and enforced as though it were included therein.

20.Counterparts. This Agreement and all amendments and supplements to it may be executed in counterparts, and all counterparts together, including electronically sent and scanned signatures, shall be construed as one document.

SIGNATURES ON FOLLOWING PAGE
DocuSign Envelope ID: 4D68AB12-EB57-42CE-9F18-2B352F963AC1 Attachment 1

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IN WITNESS WHEREOF, the Parties have executed this Agreement on the date indicated below.

DISTRICT:

Dated: ___
Pajaro Valley Unified School District
ATTN: Richard Arellano
294 Green Valley Road
Watsonville, CA 95076
(831) 786-2100
EMAIL:[email protected]

SIGNATURE

PRINT NAME

PRINT TITLE
CONTRACTOR:

Dated: ___

CITY OF WATSONVILLE
275 Main Street, Suite 400
WATSONVILLE, CA 95076
PH: 831-768-3240
EMAIL: [email protected]

SIGNATURE
Rene Mendez______________________

PRINT NAME
City Manager

PRINT TITLE
ATTEST:

SIGNATURE
Irwin I. Ortiz___________

PRINT NAME
City Clerk

PRINT TITLE
APPROVED AS TO FORM:

SIGNATURE
Samantha W. Zutler_____

PRINT NAME
City Attorney

PRINT TITLE
Richard Arellano
DocuSign Envelope ID: 4D68AB12-EB57-42CE-9F18-2B352F963AC1 10/4/2022 | 4:03 PM PDT
Director of Purchasing
10/5/2022 | 4:09 PM PDT
I DocuSigned by:

L~
r-:DocuSigned by:
06~~
Attachment 1

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INDEPENDENT CONTRACTOR - SITE VISITOR AGREEMENT EX. A

PAJARO VALLEY UNIFIED SCHOOL DISTRICT
DWK DMS 3429725v1

EXHIBIT A
The City of Watsonville’s Environmental Science Workshop will provide in person STEAM lessons, which will be accessible to all PVUSD students throughout Extended Learning after school programs, weekends, intersessions and summer break.

All services will be billed based on actual time and materials, with an additional 15% for Administrative Costs. These services will be billed to PVUSD every three months, beginning in November for August, September and October.

End of Program: Under this agreement, the program will end on June 30, 2023.

Staff: Employees of the City of Watsonville will staff Program.

Locations: Various PVUSD school sites.

DocuSign Envelope ID: 4D68AB12-EB57-42CE-9F18-2B352F963AC1 Attachment 1

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DWK DMS 3429725V1
WORKERS’ COMPENSATION CERTIFICATION
Labor Code section 3700 in relevant part provides:

Every employer except the State shall secure the payment of compensation in one or more of the following ways:
a. By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this state. b. By securing from the Director of Industrial Relations a certificate of consent to self-insure, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his employees.

I am aware of the provisions of section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Services under this Agreement.

Date:

Proper Name of Contractor: City of Watsonville
Signature:

Print Name: Rene Mendez_
Title: City Manager
(In accordance with Article 5 - commencing at section 1860, chapter 1, part 7, division 2 of the Labor Code, the above certificate must be signed and filed with the awarding body prior to performing any Services under this Agreement.)
DocuSign Envelope ID: 4D68AB12-EB57-42CE-9F18-2B352F963AC1 10/5/2022 | 4:09 PM PDT
118BE0675171410 ...

Attachment 1

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DWK DMS 3429725V1

PREVAILING WAGE CERTIFICATION
(Public Works Projects Only)
I hereby certify that I will conform to the State of California Public Works Contract requirements regarding prevailing wages, benefits, on-site audits with 48-hours’ notice, payroll records, and apprentice and trainee employment requirements, for all Services under the Agreement, including, without limitation, labor compliance monitoring and enforcement by the Department of Industrial Relations.

Date:

Proper Name of Contractor: ___________
Signature:

Print Name: _________________
Title: ______
DocuSign Envelope ID: 4D68AB12-EB57-42CE-9F18-2B352F963AC1 Attachment 1

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DWK DMS 3429725V1

FINGERPRINTING/CRIMINAL BACKGROUND INVESTIGATION CERTIFICATION One of the boxes below must be checked, with the corresponding certification provided, and this form attached to the Independent Contractor Agreement for Services (“Agreement”):

Contractor’s employees will have only limited contact, if any, with any pupils and the District will take appropriate steps to protect the safety of any pupils that may come in contact with Contractor’s employees so that the fingerprinting and criminal background investigation requirements of Education Code section 45125.1 shall not apply to Contractor for the services under this Agreement. As an authorized District official, I am familiar with the facts herein certified, and am authorized to execute this certificate on behalf of the District. (Education Code § 45125.1 (c))
Date:

District Representative’s Name and Title:

District Representative’s Signature:

X The fingerprinting and criminal background investigation requirements of Education Code section 45125.1 apply to Contractor’s services under this Agreement and Contractor certifies its compliance with these provisions as follows: “Contractor certifies that the Contractor has complied with the fingerprinting and criminal background investigation requirements of Education Code section 45125.1 with respect to all Contractor’s employees, subcontractors, agents, and subcontractors’ employees or agents (“Employees”) regardless of whether those Employees are paid or unpaid, concurrently employed by the District, or acting as independent contractors of the Contractor, who may have contact with pupils in the course of providing services pursuant to the Agreement, and the California Department of Justice has determined that none of those Employees has been convicted of a felony, as that term is defined in Education Code section 45122.1.

A complete and accurate list of all Employees who may come in contact with any pupils during the course and scope of the Agreement is attached hereto.” CERTIFICATION:

I am a representative of the Contractor entering into this Agreement with the District and I am familiar with the facts herein certified, and am authorized and qualified to execute this certificate on behalf of Contractor.

Date:

Name of Contractor: City of Watsonville
Signature:

Print Name and Title: Rene Mendez, City Manager ____________ DocuSign Envelope ID: 4D68AB12-EB57-42CE-9F18-2B352F963AC1 10/4/2022 | 4:03 PM PDT
Director of Purchasing Richard Arellano
10/5/2022 | 4:09 PM PDT
~ Do'"Sigoed bye
~ 06~[!6
Attachment 1

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1 Reso No. ______ (CM)
Meeting Date: 071823 SWZ ______ RM ______ PCS ______
RESOLUTION NO.__________ (CM)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

WATSONVILLE APPROVING FIRST AMENDMENT TO SITE SERVICE

AGREEMENT/SHORT-TERM AGREEMENT WITH PAJARO VALLEY

UNIFIED SCHOOL DISTRICT (PVUSD), TO PROVIDE AFTER SCHOOL

ENVIRONMENTAL SCIENCE WORKSHOP PROGRAMMING AT PVUSD

ELEMENTARY AND MIDDLE SCHOOL SITES THROUGH THE

EXTENDED LEARNING OPPORTUNITIES PROGRAM, EXTENDING
THE TERM OF THE CONTRACT THROUGH JUNE 30, 2024; AND

AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE
SAME; AND APPROPRIATING $146,800 IN REVENUE FROM PVUSD
TO THE SPECIAL GRANTS FUND [0260]
WHEREAS, the City and PVUSD have previously executed a Site Services Agreement dated October 7, 2022; and
WHEREAS, given the satisfactory partnership with the current contract, the school district wishes an extension; and
WHEREAS, the First Amendment will extend the term of the agreement from June 30, 2023, to June 30, 2024.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:

1. Adopting a Resolution approving a First Amendment with Pajaro Valley Unified School District does not meet CEQA’s definition of a “project,” because the action does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.

2. The City Manager is hereby authorized and directed to execute said First Amendment for and on behalf of the City of Watsonville with minor revisions that may be approved by the City Manager and the City Attorney.

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2 Reso No. ______ (CM)
Meeting Date: 071823 SWZ ______ RM ______ PCS ______

3. That the budget appropriation of $146,800 to the Special Grants Fund [0260] is hereby authorized.
**************************************

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FIRST AMENDMENT TO SITE SERVICES AGREEMENT

BETWEEN THE CITY OF WATSONVILLE

AND PAJARO VALLEY UNIFIED SCHOOL DISTRICT
THIS FIRST AMENDMENT TO CONTRACT for consultant services is entered into by and between the City Watsonville (“City”) and Pajaro Valley Unified School District (“Consultant”) this 18th day of July, 2023. The City and Consultant agree as follows:

RECITALS
WHEREAS, the City and Consultant have previously executed a Site Services Agreement dated October 7, 2022 (“Agreement”);
WHEREAS, PVUSD has requested to amend the original Agreement to extend the term of the contract.

NOW, THEREFORE, the City and the Consultant agree that the Agreement shall be amended as follows:

1. Exhibit A, attached to the Agreement is hereby amended to delete the third section and replace that section to read as follows:
“End of Program: Under this agreement, the program will end on June 30, 2024.”
All other terms and conditions of the Agreement dated October 7, 2022 as amended, shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Consultant Services Contract the day and year first hereinabove written.

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CITY OF WATSONVILLE PAJARO VALLEY UNIFIED SCHOOL DISTRICT By __________________________ By ______________________________ Rene Mendez, City Manager Richard Arellano, Purchasing Director ATTEST:

By __________________________
Irwin Ortiz, City Clerk

APPROVED AS TO FORM
By ___________________________
Samantha W. Zutler, City Attorney

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7/13/2023 8:03:29 PM
C:\Program Files\eSCRIBE\TEMP\2032613317\2032613317,,,Report - PVUSD SELPA.docx Agenda Report
MEETING DATE: Tuesday, July 18, 2023
TO: City Council
FROM: PARKS & COMMUNITY SERVICES DIRECTOR CALUBAQUIB

RECREATION SUPERINTENDENT NEGRETE
THROUGH: CITY MANAGER MENDEZ
SUBJECT: RESOLUTION APPROVING TWO YEAR FACILITY USE

CONTRACT WITH PAJARO VALLEY UNIFIED SCHOOL

DISTRICT FOR THEIR SELPA SPECIAL SERVICES

PROGRAM AT THE CALLAGHAN PARK CULTURAL
CENTER
RECOMMENDED ACTION:

Adopt a resolution approving a two-year facility use contract with Pajaro Valley Unified School District (PVUSD) for space use at the Callaghan Park Cultural Center, 225 Sudden Street, for their Special Education Local Plan Area (SELPA) Special Services Program commencing on August 7, 2023, and ending on June 6, 2025, and authorizing and directing the City Manager to execute the same.

BACKGROUND:

Since the 2021-2022 school year, Pajaro Valley Unified School District’s Special Education Program/Special Education Local Plan Area (SELPA) has been in contract with the City of Watsonville Parks and Community Services Department for facility user for their special education class. The Department has been able to accommodate their request by entering into a contract each school year since, which has allowed the SELPA Program classroom use space at the GHWR Youth Center during non-program hours.

DISCUSSION:

PVUSD Special Education Program would once again like to enter into a contract with the City of Watsonville Parks and Community Services Department for use of facility space for their special education class as a classroom.

The Parks & Recreation Department is able to accommodate the facility use request as it will not interfere with the Department’s recreational programming at the Callaghan Park Cultural Center.

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7/13/2023 8:03:29 PM
C:\Program Files\eSCRIBE\TEMP\2032613317\2032613317,,,Report - PVUSD SELPA.docx STRATEGIC PLAN:

This contract supports the Strategic Plan priority of Community Engagement and Well-Being as the center will be a space for programming for PVUSD students in the Special Services Department.

FINANCIAL IMPACT:

The base rent for this agreement is $10,000 per school year.  Revenue: 150-681-5495-00000
ALTERNATIVE ACTION:

The Council may choose not to approve this two-year contract.

ATTACHMENTS AND/OR REFERENCES (If any):

None.

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Reso No. ______ (CM) 1
Meeting Date: 071823 SWZ ______ RM ______ PCS ______
RESOLUTION NO.__________ (CM)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

WATSONVILLE APPROVING TWO YEAR FACILITY USE CONTRACT

BETWEEN THE CITY OF WATSONVILLE AND PAJARO VALLEY

UNIFIED SCHOOL DISTRICT, A CORPORATION, FOR THE USE OF
CITY OWNED PROPERTY LOCATED AT 225 SUDDEN STREET,
(CALLAGHAN PARK CULTURAL CENTER), FOR PROGRAMMING TO
STUDENTS OF PVUSD’S SELPA PROGRAM COMMENCING ON
AUGUST 7, 2023, AND ENDING JUNE 6, 2025, AND AUTHORIZING AND

DIRECTING THE CITY MANAGER TO EXECUTE SAME

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WATSONVILLE, CALIFORNIA, AS FOLLOWS:

1. This action is exempt from the requirements of the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15378(b)(5), in that adopting a Resolution approving the Facility Use Agreement attached hereto does not meet CEQA's definition of a “project,” because the action does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and if a “project,” is exempt under the “common sense” exception (14 Cal. Code Regs. § 15061(b)(3)) because it can be seen with certainty that there is no possibility that this action may have a significant effect on the environment.

2. That the two year Facility Use Contract between the City of Watsonville and Pajaro Valley Unified School District, for the use of City owned property located at 225 Sudden Street, Watsonville, (Callaghan Park Cultural Center) for programming to students of PVUSD’s SELPA Program, commencing on August 7, 2023, and ending June 6, 2025, a copy of which Facility Use Contract is attached hereto and incorporated herein by this reference, is hereby approved.

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Reso No. ______ (CM) 2
Meeting Date: 071823

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FACILITY USE CONTRACT
(Callaghan Park Cultural Center)
This Facility Use Contract (“Contract”) is executed as of the date set forth below next to the signatures and shall be effective as set forth below by and between the City of Watsonville, ("City"), a municipal corporation, and the User set forth below (together, the Parties).

GENERAL INFORMATION
User (identify status, i.e. corporation, government agency or human being):

Pajaro Valley Unified School District (PVUSD), Special Education Local Plan Area (SELPA) Special Services
Effective Period: 08/07/2023 – 06/06/2025
Area(s) to be used:

Exclusive Use: Callaghan Park Cultural Center Classroom Shared Use: Restrooms
Nature of Use: Provide programming to students of PVUSD’s SELPA Program.

Days and times of Use: Monday – Friday 7:30 a.m. – 3:30p.m.

RECITALS
A. City owns the Callaghan Park Cultural Center (“Center”) located at 225 Sudden Street, Watsonville, California, and is entrusted with the protection and preservation of the Center for the benefit of the public; B. User wishes to use the above identified area of the Center (“Exclusive Space”), during the Effective Period for the Use set forth above and, on the dates and times set forth above; and
C. City and User desire to enter into this Contract for the use of the Exclusive Space.

CONTRACT
NOW, THEREFORE, the parties agree as follows:

1. The General Information and Recitals set forth at the beginning of this Contract are incorporated herein by reference.

2. The City hereby authorizes User to enter upon the grounds of the Center and to use the Exclusive Space for the Use and duration identified above.

3. No interest in real property is conveyed by this Contract.

4. User shall have no right or privilege to use any portion of the Center not described above for any purpose.

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5. The Use under this Contract is authorized from August 7, 2023 to June 7, 2024 and August 5, 2024 to June 6, 2025 (“Effective Period) and is revocable by either party with 72 hours’ written notice.

6. User shall pay the City, care of the Parks & Community Services Department, a sum of $10,000.00 per school year for the use of the Center facilities described above.

7. Prior to the start of the Effective Period, User shall also pay the City, care of the Parks & Community Services Department, a one-time, refundable cleaning deposit in the amount of $0.00. The deposit shall be held in trust by the City to provide for the cleaning or repair of the Exclusive Space. The City may deduct from the deposit the cost to clean and/or repair the Exclusive Space.

9. This Contract is personal to User and may not be transferred or assigned.

13. City shall not be liable for, and User shall defend and indemnify City and its officers, agents, elected official, employees and volunteers (collectively, "City") against any and all claims, deductibles, self-insured retentions, demands, liability, judgments, awards, fines, mechanics’ liens, or other liens, labor disputes, losses, damages, expenses, charges or costs, of any kind or character, including attorneys’ fees and court costs (collectively, “Claims”), which arise out of or are in any way connected to User’s use of the Center, or any act, error, omission, or negligence of User, its agents, servants, officers, directors, members, employees, or guests, including without limitation, Claims caused by the concurrent negligent act, error, or omission, whether active or passive, of City. User shall have no obligation to defend or indemnify City from a Claim determined to be caused by the sole negligence or willful misconduct of City.

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15. User shall not commit, suffer, or permit the commission by others of any waste or nuisance at the Center. User shall, at all times, leave the Center in a neat, clean, and sanitary condition.

19. User may make improvements to their exclusive space only upon receiving prior written approval from the Director of Parks and Community Services or designee.

Such improvements will become the property of the City upon the ending of the Contract term, abandonment of the space by User, or the unilateral or mutual termination of the Contract.

21. User may not solicit or collect a fee to park vehicles at the Center.

22. User, or User’s representative, represents that they are at least eighteen years of age and that he/she is authorized to execute this Contract on behalf of User.

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DATED: USER: PAJARO VALLEY UNIFIED

SCHOOL DISTRICT
BY:

Heather Gorman, SELPA Director,
PVUSD
DATED: CITY OF WATSONVILLE
BY
Rene Mendez, City Manager
ATTEST:
_____________________________
Irwin Ortiz, City Clerk
APPROVED AS TO FORM:
_____________________________
Samantha Zutler, City Attorney

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ATTACHMENT “A”

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7/13/2023 8:19:13 PM
C:\Program Files\eSCRIBE\TEMP\20191067431\20191067431,,,Report - PRFMA OMRRR Agrmt .docx Agenda Report
MEETING DATE: Tuesday, July 18, 2023
TO: City Council
FROM: PUBLIC WORKS & UTILITIES DIRECTOR LINDBERG

ENVIRONMENTAL SUSTAINABILITY MANAGER MCCLOUD
THROUGH: CITY MANAGER MENDEZ
SUBJECT: AUTHORIZATION OF THE PAJARO REGIONAL FLOOD

MANAGEMENT AGENCY OPERATIONS, MAINTENANCE,

REPAIR, REPLACEMENT, AND REHABILITATION ASSIGNMENT

AGREEMENT WITH THE CITY OF WATSONVILLE
RECOMMENDED ACTION:

Authorize the City Manager to execute an agreement (“Operations, Maintenance, Repair, Replacement, and Rehabilitation Assignment Agreement”, or “OMRR&R Assignment Agreement”) that formalizes the transfer of OMRR&R responsibility from the City of Watsonville (“City”) to the Pajaro Regional Flood Management Agency (“PRFMA”).

BACKGROUND:

Last year, the Pajaro Regional Flood Management Agency (“PRFMA”) was formed as a new Joint Powers Authority, in part, to take over operations and maintenance responsibilities on the Pajaro River flood control system currently undertaken by the Maintaining Member Agencies (Santa Cruz County Flood Control and Water Conservation District – Zone 7, the Monterey County Water Resources Agency, and the City of Watsonville). In order to formalize the transfer of OMRR&R responsibilities, an OMRR&R Assignment Agreement between the PRFMA and the Maintaining Member Agencies has been requested by the Maintaining Member Agencies.

DISCUSSION:

The PRFMA Member Agencies executed a Joint Exercise of Powers Agreement (JPA Agreement) that created the PRFMA on July 21, 2021. As part of the formation and establishment of the PRFMA, the PRFMA Board adopted a budget on September 14, 2022, that includes the assignment of existing revenue sources by the Maintaining Member Agencies on an annual, ongoing basis to support general overhead and administration as well as operations and maintenance activities. At the July 13, 2022, meeting, the PRFMA Board adopted Maintaining Member Agency contributions and the conditions applicable to those contributions on an annual basis. At that same meeting, the PRFMA Board also directed the Executive Director of PRFMA to develop an OMRR&R Assignment Agreement

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7/13/2023 8:19:13 PM
C:\Program Files\eSCRIBE\TEMP\20191067431\20191067431,,,Report - PRFMA OMRRR Agrmt .docx between the PRFMA and the Maintaining Member Agencies so long as 1) property owners approved, and the PRFMA Board adopted, the Proposition 218 benefit assessment to fully fund levee OMRR&R, 2) the PRFMA Board adopts an annual budget, and 3) the PRFMA Maintaining Member Agencies execute agreements to provide existing assessment revenues to the PRFMA.

Analysis
OMRR&R Assignment Agreement
Attached for your consideration is the OMRR&R Assignment Agreement that describes the general and specific obligations of the City and the PRFMA in transferring the OMRR&R responsibility to the PRFMA. The PRFMA will be responsible for meeting performance standards that are required of the Non-Federal Sponsor as described in the Federal Operation and Maintenance Manual for the Pajaro flood control system as well as any supplements, revisions, or replacements of this Manual, including any Stream Maintenance Program/Plan. In exchange, City will grant PRFMA an irrevocable license to enter lands which City owns or controls that are necessary to access the Project and facilities, until any title to any City land covered by the Agreement is transferred to the PRFMA.

Sequencing of Agreement Execution and Transfer of Responsibility OMRR&R Assignment Agreements between the PRFMA and remaining Maintaining Member Agencies (the Monterey County Water Resources Agency [“MCWRA”] and the Santa Cruz County Flood Control and Water Conservation District – Zone 7 [“Zone 7”]) will be needed to formalize the full transfer of OMRR&R responsibility from all Maintaining Member Agencies to the PRFMA. These OMRR&R Assignment Agreements, carrying the same general obligations as the Agreement under consideration here, have either already been adopted (MCWRA) or are currently being negotiated (Zone 7), and will be brought before PRFMA’s Board for adoption as well.

Specific obligations of these Agreements, such as the transfer of title of lands required for OMRR&R, will be carried out over the course of the next year and in such a manner that does not interfere with the PRFMA’s ability to implement the intent of the OMRR&R Assignment Agreements.

STRATEGIC PLAN:

The transfer of responsibility for OMRR&R supports the following goal in the strategic plan:
2-Infrastructure & Environment
FINANCIAL IMPACT:

The financial impact of the OMRR&R Assignment Agreement echoes the transfer of responsibility that has previously been described in the PRFMA’s budget, adoption of the special benefit assessment, and adoption of Maintaining Member Agency Cost Sharing Agreements. The PRFMA’s budget includes the full cost of maintaining the levee system and its federally authorized features and meeting performance standards.

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C:\Program Files\eSCRIBE\TEMP\20191067431\20191067431,,,Report - PRFMA OMRRR Agrmt .docx ALTERNATIVE ACTION:

The Council could decide not to execute this agreement.

ATTACHMENTS AND/OR REFERENCES (If any):

None.

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Reso No. (CM)
Meeting Date: 071823 SZW ______ RM ______ PWU ______ 1
RESOLUTION NO.__________ (CM)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

WATSONVILLE, AUTHORIZING THE PAJARO REGIONAL FLOOD

MANAGEMENT AGENCY OPERATIONS, MAINTENANCE, REPAIR,

REPLACEMENT, AND REHABILITATION ASSIGNMENT AGREEMENT
WITH THE CITY OF WATSONVILLE; AND AUTHORIZING AND

DIRECTING THE CITY MANAGER TO EXECUTE SAME
WHEREAS, the County of Santa Cruz, City of Watsonville, County of Monterey, Monterey County Water Resources Agency (“MCWRA”), and the Santa Cruz County Flood Control and Water Conservation District – Zone 7 (“Zone 7”) executed a Joint Exercise of Powers Agreement (JPA Agreement) that created the PRFMA on July 21, 2021. As part of the formation and establishment of the PRFMA, a budget was adopted by their Board of Directors on September 14, 2022, that includes the provision of funds by the maintaining member agencies of the JPA on an annual, ongoing basis to support general overhead and administration as well as operations and maintenance activities; and
WHEREAS, the City of Watsonville is a member of the JPA Agreement, in order to formalize the transfer of OMRR&R responsibilities, an OMRR&R Assignment Agreement between the PRFMA and the Maintaining Member Agencies has been requested by the Maintaining Member Agencies; and
WHEREAS, the City Manager has recommended that the City of Watsonville execute an agreement (“Operations, Maintenance, Repair, Replacement, and Rehabilitation Assignment Agreement” that formalizes the transfer of OMRR&R responsibility from the City of Watsonville (“City”) to the Pajaro Regional Flood Management Agency (“PRFMA”).

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:

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Reso No. (CM)
Meeting Date: 071823 2

1. Adopting a Resolution approving the Agreement between the City and Pajaro Regional Flood Management Agency does not meet CEQA’s definition of a “project,” because the action does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.

2. That the OMRR&R Assignment Agreement that describes the general and specific obligations of the City and the PRFMA in transferring the OMRR&R responsibility to the PRFMA., is hereby accepted.

3. The Council awards the (“Operations, Maintenance, Repair, Replacement and Rehabilitation Assignment Agreement”, or “OMRR&R Assignment Agreement”).

4. That the (“Operations Maintenance, Repair, Replacement, and Rehabilitation Assignment Agreement”, or “OMRR&R Assignment Agreement”) that formalizes the transfer of OMRR&R responsibility from the City of Watsonville (“City”) to the Pájaro Regional Flood Management Agency (“PRFMA”), a copy of which is attached hereto and incorporated herein by this reference, is hereby approved.

5. The City Manager is hereby authorized and directed to execute said agreement for and on behalf of the City of Watsonville with minor revisions that may be approved by the City Manager and the City Attorney.
**************************************

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OPERATION, MAINTENANCE, REPAIR, REPLACEMENT, AND

REHABILITATION ASSIGNMENT AGREEMENT BETWEEN
The Pajaro Regional Flood Management Agency
AND
City of Watsonville
FOR
The Pajaro River Federal Flood Control Project
This Operation, Maintenance, Repair, Replacement, and Rehabilitation Assignment Agreement (this “OMRR&R Assignment Agreement”) is entered into by and between the City of Watsonville, a municipal corporation (the “City”), and the Pajaro Regional Flood Management Agency, a California joint powers agency organized and operating under the Joint Exercise of Powers Act (California Government Code section 6500 et seq.) (the “PRFMA”) on this _________ day of ___________, 2022 in view of the following circumstances:

1. The Pajaro River Federal Flood Control Project was built in 1949 by the United States Army Corps of Engineers (“USACE”) and is maintained jointly by the Santa Cruz County Flood Control and Water Conservation District – Zone 7 (“Zone 7”) and the Monterey County Water Resources Agency (the “MCWRA”). Since construction of the levee system in 1949, there have been four major floods on the Pajaro River and its tributaries in 1955, 1958, 1995, and 1998 that have resulted in significant inundation and damage caused by overtopping or breaching of the levees. A 1963 report by the USACE concluded that the levee system was “inadequate,” and Congress authorized reconstruction of the Pajaro River levee system in 1966 through the Flood Control Act of 1966 (Public Law 89-789). Reauthorization was granted by the Water Resources Development Act of 1990. In December 2019, the USACE authorized improvements (the “2019 Improvements”) to portions of the original project and sufficient FY20 and FY21 Work Plan appropriations to conduct the Preconstruction Engineering and Design (PED) phase. In March 2022, the USACE appropriated $67 million as the first tranche of funds to be used to construct the Project, and in October 2022 the USACE appropriated an additional $82 million towards construction. The original and unimproved segments of the Pajaro River Federal Flood Control Project and the 2019 Improvements are collectively referred to herein as the “Project”.

2. The PRFMA intends to become the Non-Federal Sponsor (“NFS”) for the Project, as defined below.

3. Zone 7 and the MCWRA have historically been designated as the NFSs for the Project.

4. City performs OMRR&R for eighteen (18) levee pump stations on the Pajaro River and Salsipuedes Creek in conformance with an adopted policy for such maintenance between the City and the County of Santa Cruz Department of Public Works dated February 10, 1983 (Exhibit A).

5. PRFMA has successfully passed and begun collecting an additional assessment to be used towards funding the OMRR&R, as defined below, for the Project, in 2022.

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6. A Cost-Sharing Agreement regarding contributions for operating expenses by and among the PRFMA and the “Maintaining Member Agencies” (MCWRA, Zone 7, and the City of Watsonville) will be fully executed before June 30, 2023, following budget adoption by the PRFMA, funds from which will also be used by the PRFMA towards funding OMRR&R and other expenses.

7. The PRFMA is in the process of re-assigning the NFS role from jointly Zone 7 and MCWRA to the PRFMA, to be formalized in amendments to any existing and forthcoming agreements related to the Project.

8. In order for the PRFMA to take over the OMRR&R responsibilities of the City and act as the NFS for the Project, the City must transfer any and all rights of access it currently has, which are transferrable and necessary to perform OMRR&R to the PRFMA. In exchange for the authority to access property, the PRFMA shall be responsible for OMRR&R.

9. This OMRR&R Assignment Agreement is intended by the parties to transfer all rights from the City to the PRFMA necessary and convenient for the PRFMA to undertake OMRR&R for that portion of the Project on properties owned or controlled by the City.

This OMRR&R Assignment Agreement is also to establish a trigger by which the City will begin to transfer ownership in fee simple all of the land included within the Project that it owns, plus such land City currently own as is necessary to easily access the Project, at no additional cost and with no additional consideration from the PRFMA1 .

10. This OMRR&R Assignment Agreement provides that the PRFMA will be responsible for construction and OMRR&R for the Project.

11. The PRFMA will assume the OMRR&R responsibility currently performed by the City for the Project, as well as any additional responsibilities the PRFMA is authorized to undertake and which relate to the Project, as set out in this OMRR&R Assignment Agreement, on the conditions that the City agrees to provide funding in accordance with the Cost Sharing Agreement, and provide the PRFMA sufficient rights to perform OMRR&R of the Project works located in the City of Watsonville.

12. The City has agreed to enter into this OMRR&R Assignment Agreement on the condition that the PRFMA provides the City with the assurances specified in this OMRR&R Assignment Agreement.

NOW, THEREFORE, IT IS HEREBY AGREED:

For purposes of this OMRR&R Assignment Agreement, the terms below are defined as indicated:
“Cost Sharing Agreement:” Agreement between the City, the PRFMA, and other parties to allocate revenue to the the PRFMA, approved by the PRFMA Board of Directors on July 13, 1 Parcel 01736410 will be split to separate the pump station and portion of property upon which it sits, which will be conveyed to the PRFMA, from the Atri Park which will be retained under City ownership and management. The Union Street pump station is within public right-of-way, and the property immediately adjacent (parcel 01730224) will become PRFMA property or appropriate rights of access will be provided by the City in perpetuity.

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2022 and the Watsonville City Council on February 21, 2023, as amended, adopted, and/or readopted from time to time.
“OMRR&R:” Operation, maintenance, repair, replacement, and rehabilitation of the Project in accordance with Federal law, including without limitation, compliance with operations and maintenance requirements in Code of Federal Regulations, title 33, section 208.10; Federal guidance such as ER 1110-2-401; applicable Federal Operation and Maintenance Manual, any revised or updated version of the Federal Operation and Maintenance Manual, or any supplement to the Federal Operation and Maintenance Manual; and any applicable Stream Maintenance Program and Plan, including the permits and regulatory agency approvals required to perform said operations, maintenance, repair, replacement, and rehabilitation.

Repair, replacement, and rehabilitation does not include reconstruction of a project or project segment that has reached the end of its designed service life or is deficient due to a design or construction defect.
“Project:” All of the flood facilities authorized by the Federal government by the Flood Control Act (FCA) of 1944 (Public Law No. 534, 78th Congress, Ch. 665, 2nd Session) and by the Flood Control Act of 1966 (Public Law 89-789) within PRFMA’s boundaries. Figure 1 of this OMRR&R Assignment Agreement shows those features of the Project that have been maintained by the City.

SECTION I: OBLIGATIONS OF PRFMA AND CITY
A. General Obligations.

1. The City hereby assigns to the PRFMA all rights and responsibilities necessary to perform OMRR&R for the Project (the “Assignment”). The City and PRFMA shall take any and all steps necessary to complete the Assignment to the PRFMA, including, without limitation, execution and delivery of all documents necessary or convenient to complete the Assignment, transfer of all documents currently in City’s possession related to the Project and not subject to any privilege, and obtaining authorization, consent, or approval of the Assignment from the City legislative body and any necessary third parties or their legislative bodies.

2. The PRFMA shall perform OMRR&R for the Project in accordance with the Project design specifications, environmental permits, environmental impact reports, regulations, and directions prescribed by the USACE, the State, and other regulatory bodies with jurisdiction over the Project.

B. Specific Obligations to Operate, Maintain, Repair, Replace, and Rehabilitate

1. The PRFMA hereby accepts responsibility for OMRR&R of the Project. The PRFMA agrees that it will be responsible for OMRR&R of the Project as further explained in: (1) the Federal Operation and Maintenance Manual for the Project; and (2) any applicable supplement to, revision of, or replacement for the Federal Operation and Maintenance Manual for the Project. The Federal Operation and Maintenance Manual for the Project and any supplements, revisions, or replacements thereto are incorporated herein by this reference.

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2. The PRFMA acknowledges that changes to the Federal Operation and Maintenance Manual may be made by the USACE before the document becomes final.

The PRFMA shall be responsible for OMRR&R in accordance with any revised version of the Federal Operation and Maintenance Manual for the Project or any supplement to the Federal Operation and Maintenance Manual.

3. The City hereby grants the PRFMA (and any of the PRFMA’s contractors, agents, licensees, successors, and assigns) an irrevocable license to enter, at reasonable times and in a reasonable manner, upon the sites and locations of the Project, and land which the City owns or controls now and in the future, for access to the Project for the purpose of OMRR&R for any part of the Project. This irrevocable license shall remain in effect until any title to any City land covered by this OMRR&R Agreement is transferred to the PRFMA.

C. Obligation to Transfer Land to the PRFMA

1. No later than six months after the effective date of this OMRR&R Assignment Agreement, the City will transfer title to the PRFMA in fee simple all of the land included within the Project that it owns, plus such land it owns as is necessary to easily access the Project, as listed in Figure 2, with exception of parcel 01736410 which will be transferred upon completion of the parcel splitting process and parcel 01730224 which may be transferred at a later date subject to this agreement or other real property transaction required by the federal Pajaro River Flood Risk Management Project. Such a transfer will be pursuant to a separate agreement at no additional cost and with no additional consideration from the PRFMA unless State law prohibits such no-cost transfer.

D. Ownership of Improvements Constructed as Part of the Project

1. Until title to all of the land pursuant to subsection C above is transferred from the City to the PRFMA, ownership of the improvements constructed as part of the Project will remain with the City. Once title to the land is transferred, ownership of said improvements will transfer to the PRFMA.

SECTION II: AUTHORIZATION FOR DELEGATION OR SUBCONTRACTING The PRFMA may delegate, assign, contract, or subcontract its responsibilities under this OMRR&R Assignment Agreement. The PRFMA shall be responsible for all work to be performed under this agreement, including any delegated, assigned, contracted, or subcontracted work.

Payment for services rendered by contractors(s) and/or subcontractor(s) shall be made entirely by the PRFMA. The City shall not have any responsibility for making any payments to the contractor(s) and/or subcontractor(s) for any services they may render in connection with this OMRR&R Assignment Agreement.

SECTION III: DISPUTES AND INDEMNIFICATION
Before any party to this OMRR&R Assignment Agreement may bring suit in any court concerning an issue relating to this OMRR&R Assignment Agreement, that party must first seek

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in good faith to resolve the issue through negotiation or other forms of nonbinding alternative dispute resolution mutually acceptable to all parties.

The PRFMA shall, to the fullest extent allowable under applicable law, indemnify and hold harmless City for and against any claim, action, liability, penalty, or other imposition whatsoever upon City by reason of the activities of PRFMA under this OMRR&R Assignment Agreement, including any failure to act under the duties established by this OMRR&R Assignment Agreement.

SECTION IV: TERM OF AGREEMENT; AMENDMENT
The effective date of this OMRR&R Assignment Agreement is the date of the last signature hereto. This OMRR&R Assignment Agreement will continue in full force and effect unless terminated or amended upon written consent of all parties.

The parties acknowledge that in order to obtain federal credits or reimbursement for this Project, it may be necessary to amend this OMRR&R Assignment Agreement. The parties agree that they will not unreasonably withhold consent for any amendments necessary to obtain federal credits or reimbursement.

SECTION V: NOTICES
All notices, requests, demands, and other communications required or permitted to be given under this OMRR&R Assignment Agreement shall be deemed to have been duly given if in writing and delivered personally or mailed by first class (postage pre-paid), registered, or certified mail, as follows:

If to the PRFMA:

Pajaro Regional Flood Management Agency
ATTN: Executive Director
701 Ocean Street, Room 410
Santa Cruz, CA 95060
If to the City:

City of Watsonville
ATTN: City Manager
275 Main Street, #400
Watsonville, CA 95076
A party may change the address to which such communications are to be directed by giving written notice to the other party in the manner provided in this section.

Any notice, request, demand, or other communication made pursuant to this section shall be deemed to have been received by the addressee at such time as it is personally delivered or seven (7) calendar days after it is mailed, as the case may be.

SECTION VI: STANDARD CONDITIONS

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1. GOVERNING LAW: This OMRR&R Assignment Agreement is governed by and shall be interpreted in accordance with the laws of the State of California.

2. TIMELINESS: Time is of the essence in this OMRR&R Assignment Agreement.

3. AMENDMENT: This OMRR&R Assignment Agreement may only be amended by mutual written agreement of the parties.

4. SUCCESSORS AND ASSIGNS: This OMRR&R Assignment Agreement and all of its provisions shall apply to and bind the successors and assigns of the parties. No assignment or transfer of this OMRR&R Assignment Agreement or any part thereof, rights hereunder, or interest herein shall be valid unless and until it is approved in writing signed by the non-assigning party and made subject to such reasonable terms and conditions as the non-assigning party may impose.

5. NO THIRD PARTY RIGHTS: The parties to this OMRR&R Assignment Agreement do not intend to create rights in, or grant remedies to, any third party as a beneficiary of this OMRR&R Assignment Agreement, or of any duty, covenant, obligation or undertaking established herein.

6. OPINIONS AND DETERMINATIONS: Where the terms of this OMRR&R Assignment Agreement provide for action to be based upon judgment, approval, review, or determination of either party hereto, such terms are not intended to be and shall never be construed as permitting such opinion, judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable.

7. SEVERABILITY: Should any portion of this OMRR&R Assignment Agreement be determined to be void or unenforceable, such shall be severed from the whole and the OMRR&R Assignment Agreement shall continue as modified.

8. WAIVER OF RIGHTS: None of the provisions of this OMRR&R Assignment Agreement shall be deemed waived unless expressly waived in writing. Any waiver by either party of rights arising in connection with the OMRR&R Assignment Agreement shall not be deemed to be a waiver with respect to any other rights or matters, and such provisions shall continue in full force and effect.

SECTION VII: AUTHORITY
The PRFMA and the City have each provided a copy of a resolution adopted by its governing body designating a representative to execute this OMRR&R Assignment Agreement.

IN WITNESS WHEREOF, the parties hereto have executed this OMRR&R Assignment Agreement.

Pajaro Regional Flood Management Agency City of Watsonville By By
Zach Friend, Eduardo Montesino,
Chairperson Mayor
Date: Date:

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Approved as to Legal Form Approved as to Legal Form
and Sufficiency: and Sufficiency:

Gary Bell, Samantha Zutler,
Board Counsel City Attorney

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Locations of all pump stations within the
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and maintained by City of Watsonville.

Legend
GF River Mile
A! Pump Stations
Figure 1

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FIGURE 2 (City Lands in and Near the Pajaro River Levee)

APN OWNER
017-561-12 WATSONVILLE CITY OF
017-231-02 WATSONVILLE CITY OF 25 SAKATA LN A WATSONVILLE, CA 95076-5132 017-591-03 WATSONVILLE CITY OF MAIN ST WATSONVILLE, CA 95076-5061 017-302-17 WATSONVILLE CITY OF 5 MARCHANT ST WATSONVILLE, CA 95076-5032 017-241-05 WATSONVILLE CITY OF 1 WALKER ST WATSONVILLE, CA 95076-4924 017-651-02 WATSONVILLE CITY OF 6 MAIN ST WATSONVILLE, CA 95076-ND 017-302-24* WATSONVILLE CITY OF
017-273-05 WATSONVILLE CITY OF 5 LINCOLN ST WATSONVILLE, CA 95076-5028 017-281-29 WATSONVILLE CITY OF 4 LINCOLN ST WATSONVILLE, CA 95076-5029 017-282-23 WATSONVILLE CITY OF 4 COOLIDGE AVE WATSONVILLE, CA 95076-5019 017-691-10 WATSONVILLE CITY OF 5 LOUGHEAD ST WATSONVILLE, CA 95076-5013 017-221-16 WATSONVILLE CITY OF 420 BRIDGE ST WATSONVILLE, CA 95076-ND 017-283-01 WATSONVILLE CITY OF 4 LOUGHEAD ST WATSONVILLE, CA 95076-5014 017-371-10 WATSONVILLE CITY OF 534 BRIDGE ST WATSONVILLE, CA 95076-3649 017-364-09 WATSONVILLE CITY OF 614 DELTA WAY WATSONVILLE, CA 95076-3622 017-371-01 WATSONVILLE CITY OF 205 HUSHBECK AVEWATSONVILLE, CA 95076-3602 017-364-10* WATSONVILLE CITY OF 602 ATRI CT WATSONVILLE, CA 95076-3612 052-571-15 WATSONVILLE CITY OF
* Parcel 01736410 will be split to separate the pump station and portion of property upon which it sits, which will be conveyed to the PRFMA, from the Atri Park which will be retained under City ownership and management. The Union Street pump station is within public right-of-way, and the property immediately adjacent (parcel 01730224) will become PRFMA property either through future action or rights of access will be provided to the PRFMA in perpetuity.

SITE ADDRESS

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HWY 129
HWY 1
SA
ANDR
N
EAS RD
LEE RD

WEST BEACH RD

RIVERSIDE DR
/
City of Watsonville Parcels along
Pajaro River and Salsipuedes Creek
The scale and configuration of all project
boundaries and information shown
herein are not intended as a guide for
design or survey work.

Image Source: ESRI (2023)
029-23 || Created & Compiled by DPW GIS Staff || April 2023 County
Boundary
Rivers
Streets
Highways
City of
Watsonville Parcels
0 5 10 20
Miles
Parcel Split will convey Atri
Pump Station to PRFMA and
City will retain Atri Park.

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1 Reso No. (CM)
Meeting Date: 071823
RESOLUTION NO. __________ (CM)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WATSONVILLE

RATIFYING A MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY AND THE CONFIDENTIAL UNIT FOR FISCAL YEARS 2023-2025 WHEREAS, in accordance with provisions of the Myers-Milias Brown Act (Government Code section 3500 et seq.), City of Watsonville's Resolution No. 56-08 (CM), and City of Watsonville Administrative Rule V.1.1., the bargaining team from the City met and conferred in good faith with the bargaining team from the Confidential unit regarding the terms and conditions set forth in the Memorandum of Understanding, a copy of which is attached hereto and incorporated herein by reference; and WHEREAS, the Council of the City of Watsonville after reviewing the Memorandum of Understanding hereby determines to ratify the Memorandum of Understanding.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:

1. Adopting a Resolution approving and authorizing the Memorandum of Understanding between the City and the Confidential Unit does not meet CEQA’s definition of a “project,” because the action does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.

2. That the Memorandum of Understanding between the City and the Confidential Unit, with term from July 1, 2023, to June 30, 2025, attached hereto marked Exhibit “A,” and incorporated herein by this reference, is hereby ratified. ********************************

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MEMORANDUM OF UNDERSTANDING

BETWEEN

CONFIDENTIAL UNIT
AND

THE CITY OF WATSONVILLE
2023 - 2025
DocuSign Envelope ID: 20A1E3CB-8E9D-497E-AB7D-1D0531BF0210 Exhibit A

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Confidential MOU 2023-2025.docx
7/7/2023 5:25 PM
1 TABLE OF CONTENTS

1.0 COMPENSATION ........................................................................................................... 2

1.1 Salary ................................................................................................................................. 2

1.2 Overtime ............................................................................................................................ 2

1.3 Bilingual Pay ..................................................................................................................... 3

1.4 Employee Retirement Contribution ................................................................................... 4

1.5 Deferred Compensation ..................................................................................................... 4

1.6 Temporarily Working Out of Classification ...................................................................... 4

1.7 Education Incentive ........................................................................................................... 5

1.8 Notary Pay ......................................................................................................................... 5

1.9 Longevity Pay .................................................................................................................... 5

2.0 INSURANCE .................................................................................................................... 5

2.1 Health Insurance ................................................................................................................ 5

2.2 Excess Disability Insurance ............................................................................................... 7

2.3 Life Insurance .................................................................................................................... 7

2.4 Long Term Disability Insurance ........................................................................................ 7

3.0 LEAVES ............................................................................................................................ 7

3.1 Vacation ............................................................................................................................. 7

3.2 Maximum Vacation Accrual ............................................................................................. 8

3.3 Holidays ............................................................................................................................. 8

3.4 Sick Leave ......................................................................................................................... 9

3.5 Personal Leave................................................................................................................. 10

3.6 Family Care and Medical Leave Policy ........................................................................... 10

4.0 MANAGEMENT RIGHTS ............................................................................................ 11

5.0 PEACEFUL PERFORMANCE .................................................................................... 13

6.0 RETIREMENT ............................................................................................................... 13

6.1 Credit for Unused Sick Leave ....................................................................................... 13

6.2 Two-Tier Retirement Plan ............................................................................................. 13

7.0 MISCELLANEOUS ....................................................................................................... 13

7.1 IRS-125 Program ............................................................................................................. 14

7.2 Mileage ............................................................................................................................ 14

7.3 Flexible Schedules ........................................................................................................... 14

8.0 ENACTMENT ................................................................................................................ 15 DocuSign Envelope ID: 20A1E3CB-8E9D-497E-AB7D-1D0531BF0210 Exhibit A

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2 MEMORANDUM OF UNDERSTANDING

BETWEEN

CONFIDENTIAL UNIT
AND

THE CITY OF WATSONVILLE
2023 - 2025
This Memorandum of Understanding sets forth the agreement between the representatives of the Confidential Unit and the representatives of the City of Watsonville on all matters contained herein for employees of the City of Watsonville in the Confidential Unit. The parties hereto agree to jointly recommend to the City Council of the City of Watsonville that one or more resolutions be adopted effectuating the following changes in the salaries, benefits, and other terms and conditions of employment for said employees in the Confidential Unit.

This agreement shall become effective July 1, 2023, and shall terminate June 30, 2025.

All benefits currently in effect and not modified by this Agreement shall remain in effect for the term of this Agreement, except as provided herein.

1.0 COMPENSATION

1.1 Salary
Effective the beginning of the first full pay period after July 1, 2023 and ratification by the Confidential unit and City Council approval, each step in the salary range for all employees shall be increased by 3% cost of living increase.

Effective the first full pay period after July 1, 2024, each step in the salary range for all employees shall be increased by 3% cost of living increase.

1.2 Overtime

1.2.1 Time and one-half will be paid for all overtime over the normal forty (40) hour work period. Paid time off shall be counted as time worked over the normal forty (40) hour work period.

1.2.2 C.T.O. shall accrue at the regular overtime rate of one and one half hours of C.T.O. for each hour of overtime worked. Employees may maintain a compensatory bank of up to forty (40) hours. Upon utilization of compensatory time and reducing accruals below the forty (40) hour limit, employees may earn additional compensatory time off. However, employees may exceed the forty (40) hour accrual limit upon Department Head approval. If approval over forty (40) hours, employee shall receive payment of his or her regular hourly DocuSign Envelope ID: 20A1E3CB-8E9D-497E-AB7D-1D0531BF0210 Exhibit A

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3 rate for CTO accrued in excess of forty hours. Automatic payment shall be made by the last payroll date on June 30 of each year.

1.3 Bilingual Pay

1.3.1 Eligibility for Level I Written and/or Conversational Premium Pay:

In order to receive Level I Written and/or Conversational Bilingual Premium Pay employees proficient in the Spanish language must meet the following criteria:
(a) The employee must pass the City’s bilingual competency test as administered by the Human Resources Department on an annual basis to maintain the premium pay. The City Manager may waive the annual testing requirement for individuals upon recommendation of the Department Head. Annual basis refers to fiscal year; and (b) The employee is required to serve as an oral interpreter and provide basic written translations on a regular and on-going basis, as certified by the Department Head

1.3.2 Level I Written and Conversational Premium Pay:

(a) For employees hired after November 1, 2006 the City shall pay a stipend of $250/month, pro-rated for part time employees. (b) Employees eligible for Level I Written and Conversational Premium Pay before November 1, 2006 shall receive premium pay equal to five percent (5%) of his/her base salary as of November 1, 2006, with the premium rounded to the nearest dollar, and exclusive of any retroactive wage increases provided under this agreement. A list of each employee’s premium pay under this section will be provided to the Association. Employees who receive the five percent premium, above, may irrevocably opt into the $250/month stipend specified in (a) above.

1.3.3 Level I Conversational Only Premium Pay:

(a) For employees who become eligible and receive Level I Bilingual Conversational Premium Pay on or after July 1, 2013 the City shall pay a stipend of $75/month, pro-rated for part-time, regular employees.
(b) Employees currently receiving Level I Written and Conversational Bilingual Premium Pay pursuant to Section 1.3.2 shall continue to receive the premium pay.

1.3.4 Level II Bilingual Translator Premium Pay:

DocuSign Envelope ID: 20A1E3CB-8E9D-497E-AB7D-1D0531BF0210 Exhibit A

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4 In addition to the Level I stipend for Written and Conversational bilingual competency the City will designate a limited number of staff as Level II Bilingual Translators. Such Level II Bilingual Translators shall perform written translations that are viewed by a large audience of city residents (i.e.

City mailers, City Council minutes, inserts in City utility bills, etc.) (a) Level II Translators shall receive an additional $100/month. (b) To evidence competency as a Level II Translator, employees must pass a skills-based test administered by the City to demonstrate competency in written translation.

1.4 Employee Retirement Contribution

1.4.1 Effective the first full pay period after July 1, 2013, each employee agrees to pay the full seven percent (7%) of the employee share.

1.4.2 Pursuant to California Public Employees' Pension Reform Act of 2013 (PEPRA), employees hired on or after January 1, 2013 shall pay at least 50% of normal cost of pension or what is determined by CalPERS to be the employee contribution rate.

1.4.3 Retirement Tax Deferment:

The City shall maintain the IRS Sec. 414(h)(2) provision allowing employees to make employee retirement contributions with pretax (tax deferred) dollars.

1.5 Deferred Compensation
Members of this Unit may participate in the Deferred Compensation Plan currently in effect. Employees must contribute to a deferred compensation plan in order to receive the following matching City contributions. The City will match contributions of up to $50 per paycheck to the deferred compensation plan offered by the City effective the first pay period after July 1, 2023.

1.6 Temporarily Working Out of Classification
In every City department subordinate employees are expected to act as relief for their superiors. Employees also may be assigned to a higher classification which is vacant due to the absence or resignation of another employee. This provides training opportunities to help qualify employees to successfully compete for future promotion. Acting as relief for a lengthy period, however, should be recognized by added compensation since a higher level of continuing responsibility is involved.

DocuSign Envelope ID: 20A1E3CB-8E9D-497E-AB7D-1D0531BF0210 Exhibit A

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5 Procedure. With prior management approval whenever a subordinate employees acts as relief and must perform substantially higher duties for a superior for more than fifteen (15) cumulative working days in a fiscal year, an appropriate salary adjustment shall be made pursuant to these rules. The salary adjustment shall become effective on the 16th day of the temporary assignment and shall not be retroactive. Upon returning to the responsibility of his/her normal position, salary shall be returned to the normal level.

Compensation for work out of classification will be the lowest step in the higher salary range with pay which provides a minimum increase of five (5%) percent above the normal rate of pay for the employee.

1.7 Education Incentive
The City shall provide to employees an annual incentive who possess advanced degrees as follows:

Bachelor’s Degree: $600/year
Associate’s Degree: $300/year
To comply with CalPERS reporting instructions, educational pay will be paid in equal amounts per pay period over the course of the year.

In no case shall any eligible employee receive combined education incentive pay for possession of an associate degree and/or bachelor’s degree. Employee shall receive the higher benefit of the two degrees possessed.

1.8 Notary Pay
Employees authorized by their Department Head to act as a notary for official City business shall receive an additional $75 (seventy five) dollars per month pay, beginning the first full payroll period in January 2007.

1.9 Longevity Pay
Any employee with at least 10 years as a regular, benefitted Watsonville employee shall receive a one percent (1%) Longevity Pay Premium. Any employee with at least 15 years as a regular, benefitted Watsonville employee shall receive an additional one-half percent (.5%) Longevity Pay Premium. Longevity pay will become effective the first full pay period after ratification of the MOU by both the Managers Group and the City.

2.0 INSURANCE

2.1 Health Insurance
DocuSign Envelope ID: 20A1E3CB-8E9D-497E-AB7D-1D0531BF0210 Exhibit A

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6 2.1.1 The City shall retain in effect current health insurance coverages for all Unit employees. The City shall contribute the following monthly amounts per full time employee towards health insurance coverages:

July 1, 2023 $1,230.50

2.1.2 If plan contribution increases are necessary for the 2024 and 2025 plan years, the City and Employees contribution shall be shared equally provided that increased City and Employee contributions do not exceed $45/month per employee. Increases above $45/month cap are subject to the meet and confer process.

Should insurance plan changes result in City costs below current costs, the intent of the parties is that the savings shall benefit both the bargaining unit and City equally.

2.1.2 The City and the employees agree to jointly participate in the City Employees Health Committee (CEHC) as outlined in the bylaws dated July 1992.

2.1.3 Implementation of changes in medical insurance will be subject to the meet and confer process between the City and the Unit.

2.1.5 Regular part-time employees will be fully covered at the employee only level at the City's expense. The employee shall have the option of covering additional dependents at their own expense. This shall be determined by utilizing the three-tier rate which the City has established for the COBRA and other purposes (less any surcharges).

To cover one (1) dependent, the employee will pay the difference between the employee only rate and the employee plus one rate. To cover the family, the employee will pay the difference between the employee only rate and the full family rate under the three tiers.

Regular part-time employees employed on or before December 1, 1998, in the thirty (30) hour category, shall continue to receive full health insurance benefits.

2.1.6 For any member of the Unit who expires all leave due to illness or injury, which is not a Workers’ Compensation claim, the City shall maintain the health insurance coverage and pay the premium on behalf of the member for an additional thirty (30) days.

DocuSign Envelope ID: 20A1E3CB-8E9D-497E-AB7D-1D0531BF0210 Exhibit A

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7 2.1.7 The City agrees to continue to work with the City Health Committee to evaluate alternative and/or tiered health options prior to annual renewal of health plan.

2.2 Excess Disability Insurance

2.2.1 In the event of job-related injury or illness, the employee will receive the maximum weekly Workers' Compensation benefit as determined by State law.

2.2.2 In addition to this amount, the employee may receive an appropriate amount of accrued sick leave pay to provide for the difference between the established Workers' Compensation amount and the employee's regular gross pay.

2.2.3 The employee may also receive Fifty Dollars ($50.00) per week extra disability coverage in lieu of accrued sick leave pay.

2.2.4 In no event shall the combination of Workers' Compensation benefits exceed the regular gross pay of the affected employee.

2.2.5 It shall be the responsibility of the employee to notify the Finance Department within three (3) days of the injury or illness if the extra coverage option described in Section 2.2.3 above is to be implemented.

2.2.6 Absent notification to the contrary, the Finance Department will automatically apply accrued sick leave with the established Workers' Compensation amount to equal the employee's gross pay.

2.2.7 The Fifty Dollars ($50) per week excess coverage shall not apply until the seventh (7th) calendar day following the injury or illness event.

2.3 Life Insurance
The City shall increase to Fifty Thousand Dollars ($50,000) per employee life insurance policy for the term of this Agreement and Two Thousand ($2,000) Dollars per dependents.

2.4 Long Term Disability Insurance
The City shall continue paying the Long Term Disability Insurance premium for Unit members for the term of the agreement.

3.0 LEAVES

3.1 Vacation
Each employee shall accrue vacation as specified below:

DocuSign Envelope ID: 20A1E3CB-8E9D-497E-AB7D-1D0531BF0210 Exhibit A

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8 0 through 5 years of service - 12 days per year
6 through 12 years of service - 16 days per year
13 or more years of service - 22 days per year

3.2 Maximum Vacation Accrual
Maximum vacation accrual shall be no more than two (2) times an employees’ annual vacation amount.

Employees requesting and denied vacation due to the needs of the City and therefore having vacation accrual amounts exceeding the maximum shall have a sixty (60) day period from the time the vacation request was denied to reschedule their vacation.

3.2.1 As of December 31, 2017, all employees with more than two (2) times their annual vacation accrual on the books shall bring their accrual within the accrual maximum. After one year of service, each employee will be expected to take during each year the vacation to which he/she is entitled. After December 31, 2017, when an employee’s vacation balance reaches two times their annual vacation accrual, the employee will not accrue vacation until the vacation balance is below the accrual maximum. If an employee is denied requested vacation due to the needs of the City, the department must send a memo explaining the situation for consideration by the City Manager prior to the employee reaching the maximum accrual. Only the City Manager may grant temporary exceptions to this section in extraordinary circumstances.

3.3 Holidays
There shall be fourteen (14) holidays per year as specified below:

January 1 (New Year's Day)
Third Monday in January (Martin Luther King's Birthday) Lincoln's Birthday (Floating holiday)
Third Monday in February (Washington's Birthday)
March 31 (Cesar Chavez Day)
Last Monday in May (Memorial Day)
July Fourth
First Monday in September (Labor Day)
November 11 (Veterans Day)
Thanksgiving Day
Friday following Thanksgiving (in lieu of Election Day) December 24 (in lieu of Admission Day)
December 25 (Christmas Day)
December 31
DocuSign Envelope ID: 20A1E3CB-8E9D-497E-AB7D-1D0531BF0210 Exhibit A

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9 Recognized holidays which fall on Saturday shall be observed on the preceding scheduled work day. Recognized holidays which fall on a Sunday shall be observed on the following scheduled work day.

There will be one (1) floating vacation day credited to each employee on Lincoln's Birthday, which may be taken pursuant to the City's leave regulations.

3.4 Sick Leave

3.4.1 Each employee shall accrue sick leave in the amount of one and one quarter (1-1/4) days per month of service (10 hours). Sick leave is payable only in the cases of bona fide illness or injury in accord with Administrative Rule III-1.11.

3.4.2 The maximum accumulation of unused sick leave is 125 days (1,000 hours). Sick leave accumulated in any calendar year in excess of 125 days (1,000 hours) shall be paid at the rate of 50% of such excess on the first payroll of December. The balance of such unused sick leave is lost and the sick leave accrual is reduced to 125 days (1,000 hours).

An employee may be compensated for sick leave in excess of 1000 hours at 50% upon retirement or resignation of service in good standing. This shall not apply to employees who are dismissed.

3.4.3 In the event of an illness in the immediate family, an employee shall be granted accrued sick leave not to exceed one half of the employee’s annually accrued sick leave. . For the purposes of this section, immediate family shall include: a child, which means a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis, a biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child, a spouse, a registered domestic partner, a grandparent, a grandchild, or a sibling.
. Where unusually close ties exist, the department may determine other relationships to be included in the definition on a case-by-case basis.

3.4.4 Employees shall cease accruing sick leave after eighty (80) consecutive hours on paid sick leave.

3.4.5 In case of death in the immediate family, an employee may be granted accrued sick leave not to exceed three (3) days. In cases involving out-of-state funerals, an additional two (2) days may be granted.

Additional time off for this purpose must be vacation, C.T.O., or unpaid leave.

Bereavement leave must be approved by the Department Head.

DocuSign Envelope ID: 20A1E3CB-8E9D-497E-AB7D-1D0531BF0210 Exhibit A

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10 3.5 Personal Leave

3.5.1 Current employees shall receive fifty-two (52) hours of Personal Leave per year beginning July 1st. Unused Personal Leave as of June 30 shall be paid off at the regular rate of pay the succeeding month.

3.5.2 Employer shall pro-rate Personal Leave up to a maximum of 4.33 hours per month for new hires and for every month during the fiscal year for which an employee was employed before termination of City service.

3.6 Family Care and Medical Leave Policy

3.6.1 In accordance with the Federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA), the City of Watsonville (City) will provide unpaid family and medical care leave for eligible employees for up to 12 weeks per 12-month period for the following reasons only:
a. The birth of a child or to care for a newborn of an employee; b. The placement of a child with an employee in connection with the adoption or foster care of a child;
c. Leave to care for a child, parent or spouse who has a serious health condition; or
d. Leave because of a serious health condition that makes the employee unable to perform the functions of his/her position. e. A qualifying exigency arising out of the fact that an employee’s spouse, domestic partner, child or parent is on active military duty or have been notified of an impending order to active duty.

An eligible employee is entitled to up to twenty-six (26) workweeks of military caregiver leave during a single twelve (12) month period. The twelve (12) month period begins on the first day the employee takes leave and ends twelve (12) months after that date.

Unlike other types of family medical leave, military caregiver leave is a one-time entitlement only; it does not renew annually. This leave entitlement does not increase the amount of leave an employee may take for other FMLA/CFRA qualifying reasons during the single 12- month period. For example, an employee may combine military caregiver leave with other types of family medical leave during a single 12-month period. However, the employee is limited to taking a maximum of twenty-six (26) weeks of leave in such circumstances.

DocuSign Envelope ID: 20A1E3CB-8E9D-497E-AB7D-1D0531BF0210 Exhibit A

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11 Military caregiver leave if to care for a military service member who is undergoing treatment for a serious injury or illness incurred in the line of active duty, or a veteran who is being treated for a serious injury or illness that occurred in the line of active duty during the five years preceding the date of treatment, if the employee is the spouse, domestic partner, child, parent or next of kin of the service member (“Military Caregiver Leave”).

When applicable, an eligible family member make take the qualifying exigency leave up to a maximum of fifteen (15) days to match a military member's Rest and Recuperation leave orders.

3.6.2 An employee is eligible for leave if the employee:
a. Has been employed for at least 12 months; and
b. Has been employed for at least 1,250 hours during the 12- month period immediately preceding the commencement of
the leave.

3.6.3 If an employee requests leave for any reason permitted under this policy, he/she must exhaust all accrued leaves (except sick leave) in connection with the leave. The exhaustion of accrued leave will run concurrently with the leave under this policy.

If an employee requests leave for his/her own serious health condition, in addition to exhausting accrued leave, the employee must also exhaust accrued sick leave. Workers’ compensation and disability leave will run concurrently with family
leave.

3.6.4 This section provides a benefit summary only. For further information, refer to the City’s Administrative Rule on this subject.

4.0 MANAGEMENT RIGHTS
All City rights, under state law and charter, and all City rights which existed prior to the recognition of the Confidential Unit shall remain vested with the City, unless expressly abridged by the M.O.U. These rights include, but are not limited to:
-- the exclusive right to determine the mission of its constituent departments, commissions, boards;
-- set standards and levels of service;
-- determine the procedures and standards of selection for employment and promotions;
DocuSign Envelope ID: 20A1E3CB-8E9D-497E-AB7D-1D0531BF0210 Exhibit A

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12 -- direct its employees;
-- establish and enforce dress and grooming standards;
-- determine the methods and means to relieve its employees from duty because of lack of work or other lawful reasons;
-- maintain the efficiency of governmental operations;
-- determine the methods, means and numbers and kinds of personnel by which government operations are to be conducted;
-- determine the content and intent of job classifications; -- determine methods of financing;
-- determine style and/or types of City-issued wearing apparel, equipment or technology to be used;
-- determine and/or change the facilities, methods, technology, means, organizational structure and size and composition of the work force and allocate and assign work by which the City operations are to be conducted; -- determine and change the number of locations, relocations and types of operations, processes and materials to be used in carrying out all City functions including, but not limited to, the right to contract for or subcontract any work or operations of the City;
-- To assign work to and schedule employees in accordance with requirements as determined by the City and to establish and change work schedules and assignments upon reasonable notice;
-- establish and modify productivity and performance programs and standards; -- discharge, suspend, demote, reprimand, withhold salary increases and benefits, or otherwise discipline employees in accordance with applicable law;
-- establish employee performance standards including, but not limited to, quality and quantity standards, and to require compliance therewith; -- take all necessary actions to carry out its mission in emergencies; and -- exercise complete control and discretion over its organization and the technology of performing its work.

DocuSign Envelope ID: 20A1E3CB-8E9D-497E-AB7D-1D0531BF0210 Exhibit A

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13 The City Manager and Department Heads have and will continue to retain exclusive decision-making authority on matters not officially and expressly modified by specific provisions of this M.O.U.

In the exercise of the rights set forth in Section 4.0, the City has the right to make reasonable rules and regulations.

5.0 PEACEFUL PERFORMANCE
During the life of this Agreement, Unit employees shall not engage in any work stoppages, strikes, slow-downs, or boycott picketing. No lock-outs shall be made by the City.

In the event that any employee covered by this Agreement, individually or collectively, violates the provisions of this section, the Association shall make a good faith effort to stop such violations of this section.

6.0 RETIREMENT

6.1 Credit for Unused Sick Leave
The City provides the CalPERS 2% @ 55 retirement program plan for employees hired before July 1, 2011, including CalPERS Section 20862.8 - Credit for Unused Sick Leave.

6.2 Two-Tier Retirement Plan
The City shall provide the CalPERS 2% @ 60 retirement plan for employees hired on or after July 1, 2011 or upon effective date of CalPERS contract amendment including CalPERS Section 20862.8 - Credit for Unused Sick Leave. Final compensation for employees hired on or after July 1, 2011 will be based on the average of the highest wages earned in any consecutive 3- year period.

6.3 PEPRA Tier Retirement Plan
Pursuant to California Public Employees' Pension Reform Act of 2013 (PEPRA), the City shall provide the following CalPERS retirement plan for employees and non-Classics hired on or after January 1, 2013 or as soon as administratively possible:
(a) 2% at 62 formula
(b) Final compensation based the average of the highest wages earned in any consecutive 3-year period

7.0 MISCELLANEOUS
DocuSign Envelope ID: 20A1E3CB-8E9D-497E-AB7D-1D0531BF0210 Exhibit A

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14 7.1 IRS-125 Program
The City will maintain in effect the IRS 125 Program to include at least the dependent care option.

7.2 Mileage
The City shall utilize the IRS rate for mileage reimbursement.

7.3 Flexible Schedules
The City acknowledges that there may be benefits both to the City and to the employees in alternative schedules. Employees may request that their Department Heads consider alternative scheduling of their work. Examples of alternate schedules include flex time, job sharing, voluntary work hours, and alternate work schedules.

Employees on flexible schedules shall continue to accrue time on the standard 8-hour day. Accrued leaves shall be charged based on the number of hours missed due to their flexible schedule.

DocuSign Envelope ID: 20A1E3CB-8E9D-497E-AB7D-1D0531BF0210 Exhibit A

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15 8.0 ENACTMENT
The Agreement shall become effective upon ratification by the City Council of the City of Watsonville and shall remain in full force and effect until June 30, 2025, or until a new Agreement has been executed.

CONFIDENTIAL UNIT
Date: ___________ ______________________________________ Andrea Curtis, Unit Representative
Date: ___________ ______________________________________ Desiree Moya, Unit Representative
Date: ___________ ______________________________________ Erika Sanchez, Unit Representative
Date: ___________ ______________________________________ Marco Diaz, Unit Representative

CITY OF WATSONVILLE
Date: ___________ _______________________________________ Rene L. Mendez, City Manager
Date____________ _____________________________________
City Attorney
Date____________ _____________________________________
City Clerk
DocuSign Envelope ID: 20A1E3CB-8E9D-497E-AB7D-1D0531BF0210 7/10/2023 | 12:04 PM PDT
7/7/2023 | 6:30 PM PDT
7/10/2023 | 2:02 PM PDT
7/10/2023 | 9:02 AM PDT
Exhibit A

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1 Reso No. (CM)
Meeting Date: 071823
RESOLUTION NO. (CM)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WATSONVILLE

APPROVING THE CITY OF WATSONVILLE COMPENSATION AND

BENEFITS PLAN FOR ASSISTANT CITY MANAGER, DEPARTMENT

DIRECTORS, DEPUTY CITY MANAGER, CHIEFS OF POLICE AND FIRE (EXECUTIVE TEAM) FOR FISCAL YEARS 2023-2025
WHEREAS, the attached Compensation and Benefits Plan is intended to establish compensation, benefits and conditions of employment for all at-will positions including the Assistant City Manager, Department Heads, Deputy City Manager, Police Chief, and Fire Chief; and
WHEREAS, these positions are exempt from the Fair Labor Standards Act (FLSA), are at-will employees, serve at the pleasure of the City Manager and can be terminated with or without notice or cause and with no rights of appeal.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:

1. Adopting a Resolution approving and appropriating the City of Watsonville Compensation and Benefits Plan for Assistant City Manager, Department Directors, Deputy City Manager, and Chiefs of Police and Fire (Executive Team), does not meet CEQA’s definition of a “project,” because the action does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.

2. That the City Council hereby approves the City of Watsonville Compensation and Benefits Plan for Assistant City Manager, Department Directors, Deputy City Manager, and Chiefs of Police and Fire (Executive Team), with term from

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2 Reso No. (CM)
Meeting Date: 071823
July 1, 2023, to June 30, 2025, attached hereto marked Exhibit “A,” and incorporated herein by this reference, is hereby ratified.
********************************

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CITY OF WATSONVILLE

COMEPENSATION AND BENEFITS PLAN

ASSISTANT CITY MANAGER, DEPARTMENT DIRECTORS, DEPUTY CITY

MANAGER, CHIEFS OF POLICE AND FIRE
EFFECTIVE FIRST FULL PAY PERIOD ON OR AFTER JULY 1, 2023 Purpose and Intent: On May 14, 2019, the City Council adopted a resolution No. 65-19 (CM) extracting the at-will, general service positions from the Management Bargaining Unit. This Compensation and Benefits Plan (Plan) is intended to establish compensation, benefits and conditions of employment for all at-will positions including the Assistant City Manager, Department Heads, Deputy City Manager, Police Chief, and Fire Chief. These positions are exempt from the Fair Labor Standards Act (FLSA), are at-will employees, serve at the pleasure of the City Manager and can be terminated with or without notice or cause and with no rights of appeal.
1) SALARY SCHEDULE
a) Effective the first full pay period after July 1, 2023, each step in the salary range for all employees shall be increased by a 3.0% cost of living increase. b) Effective the first full pay period after July 1, 2023, each step in the salary range for the Police Chief and Fire Chief shall be increased by an additional 3% and the Police Chief and Fire Chief shall make an additional 3% contribution to employer rate of retirement plan.
c) Effective the first full pay period after July 1, 2024 each step in the salary range for all employees shall be increased by a 3.0% cost of living increase. 2) DEFERRED COMPENSATION
a) Employees may participate in the Deferred Compensation Plan currently in effect starting on July 1, 2022. Employees must contribute to a deferred compensation plan in order to receive the following matching City contributions. The City will match contributions of up to $100 per pay check to the deferred compensation plan offered by the City effective the first pay period after enrollment. 3) RETIREMENT
a) Retirement Contribution
i) Miscellaneous Employees Retirement Plan. The City provides the California Public Employees’ Retirement System (CalPERS) 2% @ 55 retirement program

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plan for Miscellaneous employees hired before July 1, 2011, including CalPERS Section 20862.8 - Credit for Unused Sick Leave. Employees shall pay the full 7% of the employee share.
ii) Miscellaneous Employees Two-Tier Retirement Plan. The City shall provide the CalPERS 2% @ 60 retirement program plan for Miscellaneous employees hired on or after July 1, 2011 or upon effective date of CalPERS contract amendment including CalPERS Section 20862.8 - Credit for Unused Sick Leave. Final compensation for employees hired on or after July 1, 2011 will be based on the average of the highest wages earned in any consecutive 3-year period. Employees shall pay the full 7% of the employee share.
iii) Miscellaneous Employees PEPRA Tier Retirement Plan. Pursuant to California Public Employees' Pension Reform Act of 2013 (PEPRA), the City shall provide the CalPERS 2% at 62 retirement plan for Miscellaneous employees hired on or after January 1, 2013 or as soon as administratively possible. Final compensation will be based on the average of the highest wages earned in any consecutive 3-year period. (1) Miscellaneous Employees PEPRA Retirement Contribution. Pursuant to California Public Employees' Pension Reform Act of 2013 (PEPRA), Miscellaneous employees hired on or after January 1, 2013 shall pay at least 50% of normal cost of pension or what is determined by CalPERS to be the employee contribution rate.
iv) Public Safety Employees Retirement Plan. Public Safety members of the Management Unit hired prior to July 1, 2011 shall be subject to the same CalPERS retirement program plan provisions outlined in the appropriate public safety bargaining unit MOU.
(1) Public Safety Employees Two-Tier Retirement Plan. Public Safety members of the Management Unit hired on or after July 1, 2011 shall be subject to the same Two-Tier CalPERS retirement program plan provisions outlined in the appropriate public safety bargaining unit MOU. Employees shall pay the full nine percent (9%) of the employee share effective on or after July 1, 2013.

Effective first full pay period after ratification by the Union and approval by City Council, Sworn public safety employee on the Executive Team (Police Chief and Fire Chief) will contribute an additional 3% of retirement toward the employer cost of their retirement plan, for a total contribution of 12%. (2) Public Safety Employees PEPRA Tier Retirement Plan. Pursuant to California Public Employees' Pension Reform Act of 2013 (PEPRA), the City shall provide the CalPERS 2.7% at 57 retirement plan for Public Safety employees hired on or after January 1, 2013 or as soon as administratively possible. Final compensation will be based on the average of the highest wages earned in any consecutive 3-year period. Employee will pay the full nine percent (9%) of the employee share effective the first full pay period on or after July 1, 2013.

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(a) Public Safety Employees PEPRA Retirement Contribution. Pursuant to California Public Employees' Pension Reform Act of 2013 (PEPRA), Public Safety employees hired on or after January 1, 2013 shall pay at least 50% of normal cost of pension or what is determined by CalPERS to be the employee contribution rate. In accordance with PERPA, the City may not “pick up” any portion of the required member contributions of employees who meet PEPRA’s “new” member definition (Tier 3). Effective in the first full pay period after July 1, 2023, all public safety employees in the Tier 3 retirement plan shall pay 12% or one half of the normal cost of the benefit, whichever is greater. If one half of the normal cost of the Tier 3 benefit increases, the Tier 3 employees’ retirement contribution shall also immediately increase by the same amount so that at all times these employees are paying at least half the normal cost of their retirement benefit as required by PEPRA. If one half of the normal cost of the Tier 3 decreases, the Tier 3 employees’ retirement contribution shall remain at 12% and any difference between 12% and half the normal cost shall be considered an employee “pick up” of the employer contribution.
b) Retirement Tax Deferment: The City shall maintain the IRS Sec. 414(h)(2) provision allowing employees to make employee retirement contributions with pretax (tax deferred) dollars.
4) ADMINISTRATIVE LEAVE
a) Employees shall receive Administrative Leave of 15 days (120 hours) per year beginning the first full pay period on or after July 1, 2023. Unused Administrative Leave as of June 30 shall be paid off at the regular rate of pay the succeeding month. b) Employer shall pro-rate Administrative Leave up to a maximum of 10 hours per month for new hires and for every month during the fiscal year for which an employee was employed before termination of City service.
5) OVERTIME PAY-DISASTER RESPONSE
a) Not withstanding that employees are exempt from the FLSA, upon issuance of a Proclamation of a local emergency by the City Council or the Director of Emergency Services pursuant to Chapter 2 of Title 4 of the Municipal Code, Unit employees are eligible for overtime compensation. Such overtime eligibility shall cease when the City Manager determines that the disaster response has ended. 6) AUTO
a) Mileage reimbursement for Unit employees shall be at the Federal IRS allowable reimbursement rate.

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7) AT-WILL STATUS AND SEVEREANCE PAY
a) As provided in Section 1001 of the City Charter, the City Manager, City Clerk, City Attorney, and each Department head are in the general service (i.e. at-will). Section 800 of the City Charter provides that the City Council shall establish by ordinance, not inconsistent with the Charter for the organization, conduct and operation of several offices, departments, and other agencies of the City. Section 800 goes on to provide that the City Council may also by ordinance establish additional departments and/or alter or abolish existing departments and/or assign and reassign duties and responsibilities to departments.

At-will status shall mean the right to terminate the employment relationship for any reason, with or without cause, with or without notice, without further obligation or liability except for the severance pay
The City need not state reasons for release of such identified at-will or general service employees, and such employees have no right or expectation to have release or postrelease proceedings, hearings, or appeals, except persons subject to the Public Safety Officer Procedural Bill of Rights (Govt. Code Section 3300 et seq). Specifically, the Chief of Police shall be afforded the protections of subdivision (c) of Section 3304 of the Government Code.

As of the date of this Compensation Plan, the following positions are at-will and subject to general service. These employees have no right to return to employment in a former position or a right to employment in a former position, or a right to employment in any other position within the City by reason of their employment status:

Administrative Services Director
Airport Director
Assistant City Manager
Community Development Director
Deputy City Manager
Fire Chief
Information Technology Director
Library Director
Parks and Community Services Director
Police Chief
Public Works and Utilities Director
No statement, whether oral or written, or conduct may change such status, except a formal resolution of the Council resolved at a duly held meeting adopting a change of the terms of this MOU. Apart from the Council at a duly noticed meeting no person employed by the City has the authority to modify the at-will or general service status of such of head of department employees.

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b) Such at-will general service employees shall be entitled to receive three months severance pay if involuntarily terminated by the City. Excluded from the severance pay provision are terminations for illegal activities, gross malfeasance or dereliction of duties or absence from employment without a good cause. 8) Special Provisions-Public Safety
a) Uniform Allowance Uniform allowance shall be -Twelve Hundred ($1,200.00) Dollars per year for public safety members of the Management Unit for the purchase and maintenance of required uniform items and footwear.
9) Bilingual Pay
a) Eligibility for Level I Written and/or Conversational Premium Pay:

In order to receive Level I Written and/or Conversational Bilingual Premium Pay employees proficient in the Spanish language must meet the following criteria:
i) The employee must pass the City’s bilingual competency test as administered by the Human Resources Department on an annual basis to maintain the premium pay. The City Manager may waive the annual testing requirement for individuals upon recommendation of the Department Head. Annual basis refers to fiscal year; and ii) The employee is required to serve as an oral interpreter and provide basic written translations on a regular and on-going basis, as certified by the Department Head b) Level I Written and Conversational Premium Pay:
i) For employees hired after November 1, 2006 the City shall pay a stipend of $250/month, pro-rated for part time employees.
ii) Employees eligible for Level I Premium Pay before November 1, 2006 shall receive premium pay equal to five percent (5%) of his/her base salary as of November 1, 2006, with the premium rounded to the nearest dollar, and exclusive of any retroactive wage increases provided under this agreement. A list of each employee’s premium pay under this section will be provided to the Unit. Employees who receive the five percent premium, above, may irrevocably opt into the $250/month stipend specified in (i) above.
c) Level I Conversational Only Premium Pay:
i) For employees who become eligible and receive Level I Bilingual Conversational Premium Pay on or after July 1, 2013 the City shall pay a stipend of $75/month, prorated for part-time, regular employees.

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ii) Employees currently receiving Level I Written and Conversational Bilingual Premium Pay pursuant to Section 11 shall continue to receive the premium pay. d) Level II Bilingual Translator Premium Pay:
i) In addition to the Level I stipend for Written and Conversational bilingual competency the City will designate a limited number of staff as Level II Bilingual Translators. Such Level II Bilingual Translators shall perform written translations that are viewed by a large audience of City residents (i.e. City mailers, City Council minutes, inserts in City utility bills, etc.). Level II Bilingual Translators must meet all requirements under Level I prior to applying for Level II consideration. (1) Qualified Level II Translators shall receive the Level I stipend as outlined in 11(b)(ii) and an additional $100/month.
(2) To evidence competency as a Level II Translator, employees must pass a skillsbased test administered by the City to demonstrate competency in written translation.
10) INSURANCE
a) Health Insurance
i) The City shall maintain in effect current health insurance coverages for all full-time Unit employees in the competitive and general services. ii) The City shall contribute the following monthly amounts towards health insurance coverage for full time employees defined above in Section 12.(a)(i) Per employee $1,230.50
iii) If plan contribution increases are necessary for the 2024 and 2025 plan years, the City and Employees contribution shall be shared equally, provided that increased City and Employee contributions do not exceed $45/month per employee. Increases above $45/month cap are subject to meet and confer process Should insurance plan changes result in City costs below current costs, the intent of the parties is that the savings shall benefit both the bargaining unit and City equally. iv) Regular part-time employees will be fully covered at the employee only level at the City's expense. The employee shall have the option of covering additional dependents at their own expense. This shall be determined by utilizing the three tier rate which the City has established for the COBRA and other purposes (less any surcharges). To cover one (1) dependent, the employee will pay the difference between the employee only rate and the employee plus one rate. To cover the

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family, the employee will pay the difference between the employee only rate and the full family rate under the three tiers.

The decision to cover family members shall be made during a one time election when this provision becomes effective. Thereafter, employees may only add or delete family members in accordance with plan rules.
v) For any member of the Unit who uses all leave due to illness or injury, which is not a Workers' Compensation claim, the City shall maintain the health insurance coverage and pay the premium on behalf of the member for an additional thirty (30) days.
vi) The City and the employees agree to jointly participate in the City Employees Health Committee (CEHC) as outlined in the bylaws dated July 1992. b) Long Term Disability Insurance
The City shall continue paying the Long Term Disability Insurance premium c) Life Insurance
Life insurance coverage is Fifty ($50,000) Thousand Dollars for all Unit employees and Two Thousand ($2,000) Dollars per dependents.
11) LEAVES
a) Vacation Leave
1st year 12 days
2nd year 13 days
3rd year 14 days
4th year 15 days
5 - 10 years 16 days
11+ years 22 days
i) Employees with more than two (2) times their annual vacation accrual on the books shall bring their accrual within the accrual maximum by December 31, 2017. After one year of service, each employee will be expected to take during each year the vacation to which he/she is entitled. After December 31, 2017, when an employee’s vacation balance reaches two times their annual vacation accrual, the employee will not accrue vacation until the vacation balance is below the accrual maximum. If an employee is denied requested vacation due to the needs of the City, the department must send a memo explaining the situation for consideration by the City Manager prior to the employee reaching the maximum accrual. Only the City Manager may grant temporary exceptions to this section in extraordinary circumstances.

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b) Holidays
There shall be fourteen (14) holidays per year as specified below:

January 1 (New Year's Day)
January 21 (Martin Luther King Day)
Lincoln's Birthday (Floating holiday)
Third Monday in February (Washington's Birthday)
March 31 (Cesar Chavez Day)
Last Monday in May (Memorial Day)
July Fourth
First Monday in September (Labor Day)
November 11 (Veterans Day)
Thanksgiving Day
Friday following Thanksgiving (in lieu of Election Day) December 24 (in lieu of Admission Day)
December 25 (Christmas Day)
December 31 (in lieu of Columbus Day)
Recognized holidays which fall on Saturday shall be observed on the preceding scheduled work day. Recognized holidays which fall on a Sunday shall be observed on the following scheduled work day.

There will be one (1) floating vacation day credited to each employee on Lincoln's Birthday, which may be taken pursuant to the City's leave regulations. c) Sick Leave
i) Each employee shall accrue sick leave in the amount of one and one quarter (1-1/4) days per month of service (10 hours). Sick leave is payable per City Personnel Rules and Regulations.
ii) The maximum accumulation of unused sick leave is 125 days (1,000 hours). Sick leave accumulated in any calendar year in excess of 125 days (1,000 hours) shall be paid at the rate of 50% of such excess on the first payroll of December. The balance of such unused sick leave is lost and the sick leave accrual is reduced to 125 days (1,000 hours).
iii) Unused sick leave may not be used to delay the date of an employee's disability retirement.
12) LONGEVITY PAY
Effective the first full pay period after July 1, 2023, any non-public safety employee on the Executive Team with at least 10 years as a regular, benefitted Watsonville employee shall receive a one percent (1%) Longevity Pay Premium. Any employee with at least

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15 years as a regular, benefitted Watsonville employee shall receive an additional onehalf percent (.5%) Longevity Pay Premium. Longevity pay will become effective the first full pay period after ratification of the MOU by both the Confidential Group and the City.

Effective the first full pay period after July 1, 2023, sworn public safety employees on the Executive Team (Police Chief and Fire Chief) with at least 10 years as a regular, benefitted Watsonville employee shall receive a two percent (2%) Longevity Pay Premium. Any sworn public safety employee on the Executive Team with at least 20 years as a regular, benefitted Watsonville employee shall receive an additional two and one-half percent (2.5%) Longevity Pay Premium.

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1 Reso No. __ (CM)
Meeting Date: 071823 SWZ ______ RM ______ HR ______
RESOLUTION NO. (CM)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WATSONVILLE

RATIFYING A MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY AND THE FIRE MANAGEMENT UNIT FOR FISCAL YEARS 2023-2025 WHEREAS, in accordance with provisions of the Myers-Milias Brown Act (Government Code section 3500 et seq.), City of Watsonville's Resolution No. 56-08 (CM), and City of Watsonville Administrative Rule V.1.1., the bargaining team from the City met and conferred in good faith with the bargaining team from the Fire Management unit regarding the terms and conditions set forth in the Memorandum of Understanding, a copy of which is attached hereto and incorporated herein by reference; and WHEREAS, the Council of the City of Watsonville after reviewing the Memorandum of Understanding hereby determines to ratify the Memorandum of Understanding.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:

1. Adopting a Resolution approving and authorizing the Memorandum of Understanding between the City and the Fire Management unit does not meet CEQA’s definition of a “project,” because the action does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.

2. That the Memorandum of Understanding between the City and the Fire Management unit, with term from July 1, 2023 to June 30, 2025, attached hereto marked Exhibit “A,” and incorporated herein by this reference, is hereby ratified. ********************************

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EXHIBIT “A”

WILL BE

AVAILABLE
ONCE

RECEIVED

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1 Reso No. (CM)
Meeting Date: 071823 SWZ ______ RM ______ HR ______
RESOLUTION NO. (CM)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WATSONVILLE

RATIFYING A MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY AND THE POLICE MANAGEMENT UNIT FOR FISCAL YEARS 2023- 2025
WHEREAS, in accordance with provisions of the Myers-Milias Brown Act (Government Code section 3500 et seq.), City of Watsonville's Resolution No. 56-08 (CM), and City of Watsonville Administrative Rule V.1.1., the bargaining team from the City met and conferred in good faith with the bargaining team from the Police Management unit regarding the terms and conditions set forth in the Memorandum of Understanding, a copy of which is attached hereto and incorporated herein by reference; and
WHEREAS, the Council of the City of Watsonville after reviewing the Memorandum of Understanding hereby determines to ratify the Memorandum of Understanding.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:

1. Adopting a Resolution approving and authorizing the Memorandum of Understanding between the City and the Police Management unit does not meet CEQA’s definition of a “project,” because the action does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.

2. That the Memorandum of Understanding between the City and the Police Management Unit, with term from July 1, 2023, to June 30, 2025, attached hereto marked Exhibit “A,” and incorporated herein by this reference, is hereby ratified. ********************************

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Watsonville City CouncilJuly 18, 2023

Watsonville City Council
July 18, 2023