Agenda packet — Watsonville City Council, June 24, 2025 (part 2 of 5)

Lisa

LICENSES & CERTIFICATIONS
CCEO Certified Code Enforcement Officer
CACEO Certified Code Enforcement Officer
Hazardous Material Institute NPS
Manager of Landfill Operations / Solid
Waste Inspector
| SWANA

EDUCATION
Construction Tech
| San Jose City College
Regulatory Framework
| UC Santa Cruz

PROFESSIONAL AFFILIATIONS
California Association of Code Enforcement
Officers (CACEO)
California Hazardous Materials
Investigators Association
Abandoned Vehicle Abatement Service
Authority (AVASA)
Solid Waste Association of North America
Ochoa
Code En forcement Officer II
Ms. Ochoa brings expertise gained from more than 30 years of experience in both Code Enforcement and Environmental Enforcement to CSG and our client agencies. She specializes in investigating code violations, property research, permit history research, inspection reports and initiating procedures to correct violations. Ms. Ochoa has extensive experience performing inspections for a wide range of projects—including residential, commercial, and multifamily housing developments. She’s also adept at preparing and delivering public presentations, program development and forging successful relationships between multiple departments.

RELEVANT CSG EXPERIENCE
CSG Code Enforcement Officer | Multiple CSG Client Agencies, CA Ms. Ochoa is a Code Enforcement Officer serving multiple CSG client agencies—helping to enforce municipal code, perform investigations and resolve illegal building, zoning, housing and blight cases. Through her extensive experience, she has become highly skilled at analyzing the evidence gathered by an investigation and following through with appropriate legal remedies.

For the City of San Bruno, Ms. Ochoa served as a full-time code enforcement officer and was responsible for a large volume of nuisance and blight cases, while also handling special projects such as the Downtown Area Proactive Inspection Program. For the Town of Los Gatos, she served as a part-time contract code enforcement officer and as a backup lead inspector to the Code Enforcement Program Manager. Additionally, she supported storm water inspections for the City of San Carlos. Below is a list of CSG client agencies Ms. Ochoa has supported:
 City of San Jose
 City of San Bruno
 City of Livingston
 Town of Los Gatos
 City of San Carlos

AGENCY EMPLOYMENT EXPERIENCE
Code Enforcement Officer II | County of Santa Clara, CA In this role, Ms. Ochoa enforced the County of Santa Clara’s ordinance code, zoning code, building code, housing code, land code and development code. Ms. Ochoa investigated illegal buildings, zoning, housing, blight cases and often coordinated with multiple agencies to perform inspections. Due to an extremely high case load, case management and close coordination with County Counsel were crucial to effective enforcement, compliance agreements and other timely legal remedies.

Environmental Inspector / Code Enforcement Inspector | City of San Jose, CA As an Environmental Inspector and Code Enforcement Inspector II for more than 25 years, Ms.

Ochoa’s responsibilities included assessment, investigation, and enforcement of CCR Title 14 and 27 and San Jose Municipal Code at landfills, transfer stations, material recovery facilities, compost facilities, closed landfill sites and other properties. Among her duties were inspection of permitted sites, investigation of illicit solid waste operations, pursuing legal remedies for compliance, investigating and resolving designated and hazardous waste handling/storage issues, and investigating odor complaints at compost facilities. Ms. Ochoa worked closely with other state and local agencies, while also working with the public to educate them on municipal, zoning, housing and building codes. She also gained experience in the legal process working with the City of San Jose Attorney’s Office and the Santa Clara County District Attorney’s Office in the revocation of solid waste facility permits, experience in obtaining inspection warrants, and County testimony in both municipal and superior court. She gained additional experience in surveillance operations and in non-point source, water sampling.

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Jaime

LICENSES & CERTIFICATIONS
California Association of Code
Enforcement Officers (CACEO):

CACEO Certified Code Enforcement
Officer | C#49651627
CACEO Certified California Code
Enforcement Officer (CCEO)
International Code Council (ICC)
Certified Residential Building Inspector
Hazardous Material Institute NPS
Manager of Landfill Operations / Solid
Waste Inspector
| SSWWP
Peace Officer Standards Training (POST):

PC 832 Arrest, Search, & Seizure
#2970-80102-08025
Cal/EPA Basic Inspector Academy

EDUCATION
B.A., Business Administration, National
University
A.S., Environmental Studies, De Anza
College | Cupertino, CA

PROFESSIONAL AFFILIATIONS
California Association of Code
Enforcement Officers (CACEO)
Avalos CCEO
Code En forcement Officer II
Mr. Avalos is a well-rounded certified Code Enforcement Officer. He has over 25 years of municipal experience including 17 years of enforcement experience having provided inspection services for the City of San Jose in multiple capacities. He brings strong case management, compliance program experience, coupled with excellent communication and strong interpersonal skills, and has a genuine concern for individuals he works with.

CSG EXPERIENCE
CSG Code Enforcement Officer II| City of San Rafael, CA Mr. Avalos was a foundational support for the City’s Housing Inspection Program (HIP). He coordinated scheduling and served as the main contact for apartment property managers and owners. He inspected properties and documented and prepared follow up Notice and Orders.

CSG Code Enforcement Officer II| City of Santa Cruz, CA In Santa Cruz, the program focused on unpermitted vending and Mr. Avalos was a regular inspector on the team. He performed inspections in both the commercial district and the permitted areas near the Boardwalk. He communicated and interacted with both permitted and unpermitted vendors, business owners and other stakeholders. After educational approaches, citations were issued after proper documentation.

CSG Code Enforcement Officer II| City of Ventura, CA
During his assignment, Mr. Avalos was tasked with addressing general code enforcement, community preservation, short-term rental inspections, construction concerns (like retaining walls), and complaints throughout the city and in the assigned service area. His duties included inspection, documentation, issuing notices and any follow ups. He also addressed some more complex older cases.

RELEVANT EXPERIENCE
Environmental Inspector II | City of San Jose, CA
Mr. Avalos conducted inspections of stormwater pollution, wastewater discharge, and solid waste. He performed field investigations, document inspections, collected and preserved samples, managed workplans, and created reports for regulatory review. He was also responsible for inspection program development, implementation, and administration. His responsibilities also included coordination of internal and external resources.

Code Enforcement Inspector II | City of San Jose, CA
Mr. Avalos’s main tasks centered on land use, where he conducted industrial, commercial, and residential inspections for compliance and responded to complaints about building, housing, zoning, health and safety, and nuisances. In this role, he focused on housing inspections and general code. He coordinated with departments, council districts, and neighborhood associations to enhance services. He also addressed nuisance complaints, smoking violations, unpermitted construction, and home occupation. Mr. Avalos was also responsible for the quasi-judicial appeals board case preparation, working closely with the city attorney.

Airport Operations Specialist | City of San Jose, Airport Operations, San Jose, CA Mr. Avalos enforced airport rules and regulations. While he initially started addressing vehicles, parking, and issuing citations—due to his work ethic—he was quickly promoted.

He was then responsible for incident report writing and communication, contract compliance, accounts management, new accounts processing and yearly renewals processing.

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Thomas

EDUCATION
BS Degree, Geosciences | Southern
New Hampshire University,
Manchester, NH

TRAINING
Module One, Module Two | California
Association of Code Enforcement
Officers (CACEO)
Human Trafficking – Suspicious
Structures | California Association of
Code Enforcement Officers (CACEO)
Housing Inspections 101 | GMS
Preparing Your Case: Report Writing
and Evidence | GMS
Introduction to Legal Aspects for Code
Enforcement | GMS
OSHA 30-Hour Card | CAL OSHA
PC 832 Arrest, Search, and Seizure
Mlady
Code En forcement Officer I
Mr. Mlady serves as a Code Enforcement Officer I for CSG Consultants, bringing expertise gained from his background in safety and security services with the San Joaquin Regional Transit District, and Army and Air Force Exchange Services. Mr. Mlady is a member of the California Association of Code Enforcement Officers (CACEO) and is adept at various types of investigations, surveillance, and training/management of staff.

C S G E X P E R I E N C E
Code Enforcement Officer I | Multiple CSG Client Agencies, CA Mr. Mlady has provided code enforcement services for the following CSG client agencies:
 City of Larkspur
 City of Angels Camp

C O D E E N F O R C E M E N T T R A I N I N G
Code Enforcement Officer Training | Multiple CSG Client Agencies, CA Mr. Mlady has completed in service training with senior code enforcement staff for the following agencies:
 City of Sonora
 City of San Rafael
 City of Elk Grove
 Town of Colma
 Town of Loomis
 Town of Woodside

R E L E V A N T E X P E R I E N C E
Safety and Security Manager | San Joaquin Regional Transit District – Stockton, CA As the Safety and Security Manager for the San Joaquin Regional Transit District (RTD), Mr.

Mlady’s duties and contributions included the following:
 Direct oversight of one subordinate and 16 contracted subordinates divided into three shifts that operate 24 hours/day, 365 days/year.
 Management of staffing, scheduling, discipline, and performance evaluations of said subordinates and contractors.
 Responsible for managing or directing design and administration of safety and security management, and 3rd party contracts, programs and services.  Managed security policies and procedures to promote safety and security of personnel and assets.
 Cultivated relationships with local law enforcement and external security vendors  Investigated and resolved security breaches to protect organization and corporate assets. Investigated incidents and wrote reports.
 Monitored and maintained CCTV and access control systems to protect personnel and assets.
 Collaborated with senior management to develop and implement strategies to mitigate safety and security risks.
 Proposed and managed administration of a broad program of safety and security topics. Delivered regular security awareness programs to educate personnel on security measures and protocols.

Safety and Security Manager | Army and Air Force Exchange Services – French Camp, CA As the overseas Safety and Security Manager for the Army and Air Force Exchange Services, Mr. Mlady’s duties included the following:
 Staffing, scheduling and overall management of multiple facilities across several countries that were comprised of as many as 200 individuals.  Direct oversight of 14 subordinates divided into three shifts that operated 24 hours/day, 365 days/year.
 Conducted OSHA, environmental, and security inspections/surveys.  Conducted interviews, obtained written statements, and prepared case reports/files.  Acted as a liaison between command, law enforcement, legal, and Exchange management on loss prevention activities.

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Tawana Davis
Perm it Techn ician
Ms. Davis serves as a Permit Technician for CSG and its clients. She has excellent customer service skills, as well as relationship building, operational and administrative skills. Ms. Davis is highly dependable, has a strong work ethic, and brings expertise gained from years of experience in the financial and service sectors in providing operational ad administrative support. She is an effective team player and leader and has well-developed self-management and social and communication skills to work in a positive and constructive manner with customers and co-workers.

RELEVANT EXPERIENCE
CSG Permit Technician | Cities of Soledad, Marina, King City, Watsonville, CA As a CSG Permit Technician, Ms. Davis performs a variety of services within the City’s Building Department, including responding to questions regarding project status requests and requirements for plan submittals; routing plans and documents to the appropriate departments for review; and processing correction notices, stop work notices, and other building department forms.

Facilities Receptionist | City of Seaside, CA
Ms. Davis’ responsibilities included preparing and processing reports, invoices, and statistical information on a monthly, quarterly and semi-annual basis to other agencies. She provided information to the public regarding policies and procedures when applying for building permits, home occupation permits, certificate of occupancy permits, Board of Architectural Reviews, master sign permits, use permits, traffic advisory applications, and business licenses. Ms. Davis also received and processed code enforcement complaints and other permits, such as garage sales, tree permits, real property disclosure reports, encroachment permits, and water payments. She also took and processed reservations for two City parks.

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Joaquin

LICENSES & CERTIFICATIONS
Residential Building Inspector | ICC
Certified Permit Technician | ICC
#10356018

EDUCATION
MS – Public Administration
California State, East Bay | Hayward, CA
BS – Environmental Studies
California State, East Bay | Hayward, CA
Chavez
Perm it Techn ician
Mr. Chavez brings to CSG and its client agencies expertise gained from a background in customer service focused roles—which includes customer account representative positions, clerk duties, and records management experience. He has developed a track record of cultivating positive relationships and working towards successful solutions. As a Permit Technician for CSG, Mr. Chavez utilizes this skill set to streamline the permit process for CSG’s client agencies and all parties involved.

CSG EXPERIENCE
Permit Technician | City of Watsonville, CA
As a Permit Technician for the City of Watsonville, Mr. Chavez reviews building plan review submittals and/or applications for completeness and accuracy. He serves as the initial public contact for the Building Division, which includes greeting customers, scheduling inspection appointments, and directing callers to the appropriate Division.

Duties also include verifying contractor licenses, construction bonds, insurance coverage, property ownership, and calculation of plan review and building permit fees based on submittal types. Through this experience, he also has gained familiarity with programs such as Accela and other building/permitting software systems.

RELEVANT PRIOR EXPERIENCE
Customer Account Representative I | Alameda County Water District – Freemont, CA As a Customer Account Representative, Mr. Chavez served as a liaison between for the Water District, addressing account concerns and working with the public to facilitate a positive experience.

Customer Account Clerk | Hayward City Hall – Hayward, CA Mr. Chavez worked as a Customer Account Clerk at Hayward’s City Hall, providing resources to customers and answering questions from the public.

Mail & Revenue Clerk | Hayward City Hall – Hayward, CA
Mr. Chavez worked as a Mail and Revenue Clerk at Hayward’s City Hall, processing incoming/outgoing mail and keeping records related to revenue.

Home Loan Closer/Home Loan Servicing Specialist| Patelco Credit Union – Pleasanton, CA Mr. Chavez worked as a home loan closer and home loan servicing specialist during his time with Patelco Credit Union.

Records Management Specialist | Patelco Credit Union – Pleasanton, CA Mr. Chavez began his career at Patelco Credit Union as a Records Management Specialist, a role he held for nearly three years before being promoted. In this role, Mr. Chavez developed strong records management skills and detail-oriented habits.

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1 Reso No. ______ (CM)
Reference: Reso No’s 101-20, and 101-23 (Amend)
Meeting Date: 062425 SWZ ______ TV ______ CDD ______
RESOLUTION NO.__________ (CM)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

WATSONVILLE APPROVING THIRD AMENDMENT TO CONSULTANT
CONTRACT BETWEEN THE CITY OF WATSONVILLE AND 4LEAF, INC.,

A CORPORATION, FOR PLAN REVIEW AND INSPECTIONS SERVICES, INCREASING THE CONTRACT TOTAL BY $40,000 FOR A TOTAL
REVISED CONTRACT AMOUNT OF $160,000 FOR FY 2024-2025;
INCREASING CONTRACT AMOUNT OF $150,000 FOR FY 2025-2026 AND $150,000 FOR FY 2026-2027; EXTENDING THE CONTRACT
THROUGH FY 2026-2027; FOR A TOTAL REVISED CONTRACT AMOUNT OF $460,000 AND AUTHORIZING AND DIRECTING THE CITY MANAGER

TO EXECUTE SAME
WHEREAS, on June 23, 2020, the City Council adopted Resolution No. 101-20 (CM) approving a contract for Consultant Services with 4 Leaf, Inc. a corporation, to provide building construction, fire plan review, field building inspection, and supplemental permit technician services, in an amount not to exceed $30,000 for FY 2020-2021 and $30,000 for FY 2021-2022, with an expiration date of June 30, 2022; and
WHEREAS, the First Amendment extended the term of the contract from June 30, 2022, to June 30, 2023, and updated the compensation rates for FY 2022-2023; and WHEREAS, on June 13, 2023, the City Council adopted Resolution No. 101-23 (CM) approving the Second Amendment increasing compensation for the contract to $30,000 for Fiscal Year 2023-2024 and $30,000 for Fiscal Year 2024-2025 and extending the contract term from July 1, 2023, to June 30, 2025; and WHEREAS, this Third Amendment will increase compensation to the contract by $40,000, for Fiscal Year 2024-2025 and $150,000 for FY 2025-2026 and $150,000 for FY 2026-2027 for a total revised contract amount of $460,000 and extending the contract term from June 30, 2025 to June 30, 2027.

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2 Reso No. ______ (CM)
Reference: Reso No’s 101-20, and 101-23 (Amend)
Meeting Date: 062425

NOW, 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 Third Amendment to Contract with 4Leaf, Inc. 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. This Third Amendment to Contract between the City of Watsonville and 4Leaf, Inc. a corporation, a copy of which Third Amendment is attached hereto and incorporated herein by this reference, is hereby approved.

3. The City Manager is hereby authorized and directed to execute said 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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EXHIBIT "C"

SECOND AMENDMENT TO COMPENSATION
The compensation is as follows:

An additional $60,000 per fiscal year will be added to the compensation of this contract.

Original Contract: $30,000 (Account No. 150-315-7309)
$30,000 (Account No. 150-315-7309)
Amendment #2 FY 2023/2024 $30,000 (Account No. 150-315-7309) FY 2024/2025 $30,000 (Account No. 150-315-7309)
Amendment #3 FY 2024/2025 $70,000 (Account No. 150-315-7309) Amendment #3 FY 2025/2026 $150,000 (Account No. 150-315-7309) Amendment #3 FY 2026/2027 $150,000 (Account No. 150-315-7309) ____________________________________________________________________ Total of Contract Not to Exceed: $490,000

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City of Watsonville
2025-2026 Fee Schedule

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April 18,2025

FEE SCHEDULE
FY2025-2026 FEE SCHEDULE & BASIS OF CHARGES

FOR THE CITY OF WATSONVILLE
All Rates are Subject to Basis of Charges

PLAN REVIEW COST STRUCTURE NOTES
Plan Review Percentage: 65%
(Inclusive of all disciplines except Fire and Civil which are billed on an hourly basis)
Hourly Plan Review: $139 Non-Structural Review
$159 Structural Review
Fee includes:
 Initial review and two (2) rechecks. Hourly
charges apply after three (3) or more
rechecks.
 Shipping, courier, and electronic service.

Building
Chief Building Official.......................................................................................................................... $169/hour Structural Plan Review Engineer......................................................................................................... $159/hour Non-Structural Plans Examiner........................................................................................................... $139/hour Certified Access Specialist (CASp) Inspector........................................................................................ $164/hour Certified Access Specialist (CASp) Plans Examiner.............................................................................. $164/hour Senior Combination Building Inspector(Building InspectorIII)........................................................... $139/hour Commercial Building Inspector(Building InspectorII) ........................................................................ $123/hour Residential Building Inspector(Building InspectorI)........................................................................... $108/hour Permit Manager.................................................................................................................................. $106/hour Senior Permit Technician .................................................................................................................... $95/hour Permit Technician ............................................................................................................................... $83/hour Clerk/Administrator ............................................................................................................................ $71/hour Civil Plan Review (Grading, Improvement Plans) ................................................................................ $159/hour Inspector of Record............................................................................................................................. $152/hour DSA Class 1 / OSHPD A Inspector........................................................................................................$180/hour DSA Class 2 / OSHPD B Inspector........................................................................................................$149/hour DSA Class 3 / OSHPD C Inspector........................................................................................................$106/hour GoFormz Software .................................................................................................................. $50/user monthly Code Enforcement
Code Enforcement Director..............................................................................................................$149/hour Code Enforcement Manager.............................................................................................................$139/hour Senior Code Enforcement Officer ..................................................................................................... $125/hour Code Enforcement Officer II..............................................................................................................$113/hour Code Enforcement Officer I ............................................................................................................... $101/hour

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City of Watsonville
2025-2026 Fee Schedule

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April 18,2025
Fire
Fire Protection Engineer (FPE) ............................................................................................................ $200/hour Fire Prevention Officer........................................................................................................................ $154/hour Fire Plans Examiner............................................................................................................................. $159/hour Fire Inspector II ................................................................................................................................... $133/hour Fire Inspector I .................................................................................................................................... $113/hour Planning
Housing Policy Director.....................................................................................................................$211/hour Planning Director ..............................................................................................................................$185/hour Principal/Planning Manager.............................................................................................................. $175/hour Senior Planner................................................................................................................................... $164/hour Associate Planner.............................................................................................................................. $139/hour Assistant Planner............................................................................................................................... $129/hour Planning Technician .......................................................................................................................... $101/hour Project Management
Project Manager ................................................................................................................................. $184/hour Director............................................................................................................................................... $192/hour Principal-in-Charge.............................................................................................................................. $200/hour Engineering, Public Works Inspection, & Construction Management (Prevailing Wage) Civil Plan Review (Grading, Improvement Plans) ................................................................................ $159/hour Traffic Engineer.................................................................................................................................... $236/hour Construction Manager..........................................................................................................................$166/hour Certified Access Specialist (CASp) Inspector(Regular time)..................................................................$169/hour Certified Access Specialist (CASp) Inspector(Nighttime) ......................................................................$191/hour Certified Access Specialist (CASp) Inspector(Overtime) .......................................................................$229/hour Certified Access Specialist (CASp) Plans Examiner................................................................................ $169/hour Public Works Inspector(Regular Time)................................................................................................. $159/hour Public WorksInspector(Nighttime)......................................................................................................$177/hour Public WorksInspector(Overtime)....................................................................................................... $213/hour Public WorksInspector Apprentice....................................................................................................... $101/hour

BASIS OF CHARGES
Rates are inclusive of “tools of the trade” such as forms, telephones, and consumables. • All invoicing will be submitted monthly.
• Staff Augmentation work (excluding plan review) is subject to 4-hour minimum charges unless stated otherwise. Services billed in 4-hour increments.
• Most plan reviews will be done in 10 business days or less and 5 business days or less for re-checks. This is not inclusive of holidays or the day of the pick-up of plans. • Expedited reviews will be billed at 1.5x the plan review fee listed in the fee schedule. Return time will be within seven (7) days of receipt of the plans from the City.

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City of Watsonville
2025-2026 Fee Schedule

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April 18,2025
• Plan review of deferred submittals & revisions will be billed at the hourly rates listed. • All plan review services will be subject to a $298.00 minimum fee if percentage-based fee or 2-hour minimum charge if hourly rates apply.
• Larger complex plan reviews can be negotiated to achieve the best possible pricing. • All plan review services will be subject to 2-hour minimum fee. • All plan review services are billed on a percentage basis and includes the initial review and 2 rechecks. - Plan reviews will be billed on an hourly basis only after the initial review and 2 rechecks unless otherwise agreed upon on a case-by-case basis.
- Fire and Civil Reviews are billed on an hourly basis and are not included in our plan review percentage.
• 4LEAF assumes that these rates reflect the FY2025-2026 contract period. There will be a 3% escalation for FY2026-2027 and FY2027-2028.
• Overtime and Premium time will be charged as follows:
- Regular time (work begun after 5AM or before 4PM) 1 x hourly rate - Nighttime (work begun after 4PM or before 5AM) 1.125 x hourly rate - Overtime (over 8-hour M-F or Saturdays) 1.5 x hourly rate - Overtime (over 8 hours Sat or 1st 8-hour Sun) 2 x hourly rate - Overtime (over 8 hours Sun or Holidays) 3 x hourly rate • Overtime will only be billed with prior authorization of the Director or other designated City personnel. • All work with less than 8 hours rest between shifts will be charged the appropriate overtime rate. • Mileage driven during the course of Inspections will be charged at cost plus 20%. • Payment due on receipt. All payments over 30 days will be assessed a 1.5% interest charge. • Client shall pay attorneys’ fees, or other costs incurred in collecting delinquent amounts. • Client agrees that 4LEAF’s liability will be limited to the value ofservices provided. • In accordance with California’s Meal Break and Rest Break Law requirements, Client will be billed one (1) additional hour per day at the regular rate for each missed meal or rest break due to Client-directed tasks or requirements. Client should allow 4LEAF’s non-exempt, hourly employees the opportunity to take their entitled rest and meal breaks during each work shift.

BASIS OF CHARGES – PREVAILING WAGE • Rates shown assume the projects will require compliance with California Prevailing Wage rate requirements and assumes the Client will be filing a PWC-100 Form to the California Department of Industrial Relations (DIR) for the projects.
• Rates for prevailing wage categories are subject to annual escalations in accordance with the bi-annual wage determinations from the California DIR.
• Per the new requirements being enforced under SB 854 and because it is assumed that a PWC-100 Form will be filed by the Client to the CA DIR for each project, 4LEAF is required to notify an authorized Apprenticeship Committee through submittal of a DAS-140 form. We are then required to make an official request to an authorized Apprenticeship Committee for an apprentice by submitting a DAS-142 form. We are not assured the apprenticeship committee will be able to provide a suitable / qualified apprentice for the project. Per the apprenticeship requirements, the hours worked by the apprentice must be in a ratio of 1:5 for apprentice to journeyman hours. 4LEAF will not know the labor classification

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City of Watsonville
2025-2026 Fee Schedule

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April 18,2025
of the Public Works Apprentice until an Apprentice is dispatched to the site; therefore, the rates for the five Periods listed under the California DIR’s Wage determination for Building Construction Inspector were used to determine the range of hourly rates for Public Works Inspector Apprentice. • Pre-approved Overtime and Premium hours for labor categories subject to Prevailing Wage requirements will be charged per the following:
- Nighttime (work begun after 4PM or before 5AM) 1.125 x hourly rate - Overtime (over 8 hour M-F or Saturdays) 1.35 x hourly rate - Overtime (over 8 hours Sat or 1st 8 hour Sun) 1.85 x hourly rate - Overtime (over 8 hours Sun or Holidays) 2.35 x hourly rate • All invoicing will be submitted monthly.
• All work with less than 8 hours rest between shifts will be charged the appropriate overtime rate. • Project-related mileage for inspections will be billed at the allowable IRS Rate. • Payment due on receipt. All payments over 30 days will be assessed a 1.5% interest charge. • Client shall pay attorneys’ fees, or other costs incurred in collecting delinquent amounts. • Client agrees that 4LEAF’s liability will be limited to the value ofservices provided. • In accordance with California’s Meal Break and Rest Break Law requirements, Client will be billed one (1) additional hour per day at the regular rate for each missed meal or rest break due to Client-directed tasks or requirements. Client should allow 4LEAF’s non-exempt, hourly employees the opportunity to take their entitled rest and meal breaks during each work shift.

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1 CITY COUNCIL AGENDA REPORT
MEETING DATE: Tuesday, June 24, 2025
TO: CITY COUNCIL
WRITTEN BY: ASSISTANT COMMUNITY DEVELOPMENT DIRECTOR ORBACH RECOMMENDED BY: COMMUNITY DEVELOPMENT DIRECTOR BRLETIC
APPROVED BY: TAMARA VIDES, CITY MANAGER
SUBJECT: FIRST CONSULTANT CONTRACT AMENDMENT TO THE CONSULTATION SERVICES CONTRACT NO. 3270 WITH RAIMI + ASSOCIATES, INC. FOR 6TH CYCLE HOUSING ELEMENT IMPLEMENTATION
RECOMMENDATION:

Adopt a resolution approving the first amendment to a contract between the City of Watsonville and Raimi + Associates Consultants, Inc. (“R+A”), extending the term of Contract No. 3270 for consultant services for Housing Element implementation to December 31, 2025.

BACKGROUND:

On November 12, 2024, the City Council approved a contract with Raimi + Associates, Inc. (“R+A”) for an eight-month period to provide Housing Element implementation services for the City. The eight-month contract, with a term of November 1, 2024, to June 30, 2025, totaled $169,380. The contract costs are paid through a Regional Early Action Planning (REAP) grant.

On December 30, 2024, the City and R+A executed Consultant Services Contract No. 3270 for consultant services for Housing Element implementation.

DISCUSSION:

Due to delays in responses from the California Department of Housing and Community Development (HCD), the time needed to complete the approved scope of work will extend past June 30, 2025, which is the end of the term identified in the original contract. In order to continue paying invoices for consultant work performed, City staff is requesting an amendment to the term of the contract, extending it to December 31, 2025.

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2 R+A’s performance has been professional and their work high quality during the term of the contract. As of June 3, 2025, the Planning Commission adopted Resolution No. 10-25 (PC), recommending City Council adopt proposed zoning code text amendments to multiple chapters within Title 14 (Zoning) of the Watsonville Municipal Code and amendments to the Downtown Watsonville Specific Plan related to implementation of programs within the 6th Cycle 2023-2031 Housing Element. The final products and actions concerning the Housing Element implementation effort is scheduled for consideration by the City Council at their regular meeting on July 8, 2025.

CEQA DETERMINATION:

This action is exempt from the requirements of the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines § 15378(b)(5), in that adopting a Resolution amending the Contract with Raimi + Associates 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 deemed a “project,” it would be considered exempt under the “common sense” exception, pursuant to CEQA Guidelines § 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.

STRATEGIC PLAN:

This request supports Strategic Plan Priority #3 - Housing by allowing the City implement multiple programs from the City’s 6th Cycle 2023-2031 Housing Element that can be identified in next year’s Annual Progress Report (APR) to HCD in order to demonstrate progress on implementation and maintain the certification of the Housing Element.

FINANCIAL IMPACT:

The amount of the contract remains the same, and the funds were already allocated from the Special Grants Fund, so there is no impact to the General Fund.

ALTERNATIVE ACTION:

City Council could choose not to extend this contract. This would prevent the City from being able to pay the final invoices for work performed under the contract.

ATTACHMENTS AND/OR REFERENCES:

None.

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1 Reso No. ______ (CM)
Reference: Reso No. 228-24 (Amend)
Meeting Date: 0624225 SWZ ______ TV ______ CDD ______
RESOLUTION NO. _______ (CM)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WATSONVILLE

APPROVING FIRST CONTRACT AMENDMENT WITH RAIMI &
ASSOCIATES, INC. FOR CONSULTANT SERVICES FOR THE 6TH CYCLE

HOUSING ELEMENT IMPLEMENTATION, EXTENDING THE TERM OF THE CONTRACT FROM JUNE 30, 2025 TO DECEMBER 31, 2025, AND

AUTHORIZING AND DIRECTING CITY MANAGER TO EXECUTE SAME
WHEREAS, on September 26, 2023, the City of Watsonville accepted a Regional Early Access Planning (REAP) 2.0 Grant from the Association of Monterey Bay Area Governments for the implementation of goals and policies in the City’s 6th Cycle Housing Element and appropriated $180,000 to the Special Grants Fund (0260); and WHEREAS, in 2024, the grant amount was subsequently reduced by approximately six percent due to state budget shortfalls to $169,380; and WHEREAS, on November 12, 2024, the City Council approved Resolution No. 228-24 (CM) awarding a contract to Raimi + Associates, Inc. for consultant services for 6th Cycle Housing Element implementation in an amount not to exceed $169,380 and authorizing and directing the City Manager to execute same, and authorizing a budget appropriation of $169,380 from the Special Grants Fund; and WHEREAS, on December 30, 2024, City and Consultant executed Consultant Services Contract No. 3270; and
WHEREAS, the term of the original contract ends on June 30, 2025; and WHEREAS, on June 3, 2025, the Planning Commission adopted Resolution No. 10-25 (PC), recommending City Council adopt proposed zoning code text amendments to multiple chapters within Title 14 (Zoning) of the Watsonville Municipal Code and amendments to the Downtown Watsonville Specific Plan related to implementation of programs within the 6th Cycle 2023-2031 Housing Element; and

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2 Reso No. ______ (CM)
Reference: Reso No. 228-24 (Amend)
Meeting Date: 062425
WHEREAS, the item is scheduled for consideration by the City Council at the regular meeting of July 8, 2025; and
WHEREAS, therefore the time needed to complete the approved scope of work will extend past the end of the term identified in the original contract; and WHEREAS, City staff requested an amendment to the end of term of the contract to December 31, 2025; and
WHEREAS, the First Amendment of the Contract for Consultant Services is in the best interest of the City of Watsonville.

NOW, THEREFORE, 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 § 15378(b)(5), in that adopting a Resolution amending the Contract with Raimi + Associates 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 deemed a “project,” it would be considered exempt under the “common sense” exception, pursuant to CEQA Guidelines § 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 term of Consultant Services Contract No. 3270 with Raimi & Associates, Inc., a California corporation, for the 6th Cycle Housing Element Implementation, in an amount not to exceed $169,380, a copy of which is Contract is

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3 Reso No. ______ (CM)
Reference: Reso No. 228-24 (Amend)
Meeting Date: 062425
attached hereto and incorporated herein by this reference, is hereby amended to extend the term of the contract to December 31, 2025.

3. That the City Manager is hereby authorized and directed to execute said First Amendment to the Consultant Contract with Raimi + Associates, Inc. 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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6/19/25.C:\USERS\MATT.ORBACH\DOWNLOADS\CONTRACT - 1ST AMENDMENT RAIMI+ASSOC HE.DOCX 1 FIRST AMENDMENT TO CONSULTANT SERVICES CONTRACT

BETWEEN THE CITY OF WATSONVILLE
AND RAIMI + ASSOCIATES INC.

THIS FIRST AMENDMENT TO CONTRACT for consultant services is entered into by and between the City of Watsonville ("City") and RAIMI + ASSOCIATES INC. (“Consultant”) this ______ day of __________________, 20___. The City and Consultant agree as follows:

RECITALS
WHEREAS, on September 26, 2023, the City of Watsonville accepted a Regional Early Action Planning (REAP) 2.0 Grant from the Association of Monterey Bay Area Governments (AMBAG) for the implementation of goals, policies, and programs in the City’s 6th Cycle Housing Element and appropriated $180,000 to the Special Grants Fund (0260); and
WHEREAS, in 2024, the grant amount was subsequently reduced by approximately six percent due to state budget shortfalls to $169,380; and WHEREAS, on November 12, 2024, the City Council approved Resolution No. 228-24 (CM) awarding a contract to Raimi + Associates, Inc. for consultant services for 6th Cycle Housing Element implementation in an amount not to exceed $169,380 and authorizing and directing the City Manager to execute same, and authorizing a budget appropriation of $169,380 from the Special Grants Fund; and WHEREAS, on December 30, 2024, City and Consultant executed a Consultant Services Contract No. 3270, attached hereto as Exhibit A; and WHEREAS, the term of the original contract ends on June 30, 2025;

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6/19/25.C:\USERS\MATT.ORBACH\DOWNLOADS\CONTRACT - 1ST AMENDMENT RAIMI+ASSOC HE.DOCX 2 WHEREAS, the time needed to complete the approved scope of work will extend past the end of the term identified in the original contract; and WHEREAS, City staff requested an amendment to the end of term of the contract to December 31, 2025; and
WHEREAS, the First Amendment of the Contract for Consultant Services is in the best interest of the City of Watsonville.

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

Section 2 is hereby amended to add the following:

Section 2. TERM OF CONTRACT.

The term of this contract shall be from November 1, 2024, to December 31, 2025June 30, 2025, inclusive.

All other terms and conditions of the Contract dated December 30, 2024, 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.

CITY OF WATSONVILLE RAIMI + ASSOCIATES
BY___________________________ BY_____________________________ Tamara Vides, City Manager Simran Malhotra, Principal/Vice- President, Raimi + Associates

ATTEST:

BY___________________________
Irwin I. Ortiz, City Clerk

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6/19/25.C:\USERS\MATT.ORBACH\DOWNLOADS\CONTRACT - 1ST AMENDMENT RAIMI+ASSOC HE.DOCX 3 APPROVED AS TO FORM:

BY____________________________
Samantha W. Zutler, City Attorney

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EXHIBIT "A"

FIRST AMENDMENT TO TERM OF CONTRACT

CONTRACT FOR CONSULTANT SERVICES BETWEEN

THE CITY OF WATSONVILLE AND RAIMI
+ ASSOCIATES INC.

THIS CONTRACT, is made and entered into this ,
by and between the City of Watsonville, a municipal corporation, hereinafter called “City,” and Raimi + Associates, Inc., a California Corporation, 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 the requisite skill, training, qualifications, and experience to render such services called for under this Contract to City.

Table of Contents
SECTION 1. SCOPE OF SERVICES.............................................................................. 5 SECTION 2. TERM OF CONTRACT. ............................................................................. 5 SECTION 3. SCHEDULE OF PERFORMANCE. ............................................................ 5 SECTION 4. COMPENSATION. ..................................................................................... 5 SECTION 5. METHOD OF PAYMENT............................................................................ 5 SECTION 6. INDEPENDENT CONSULTANT. ............................................................... 5 SECTION 7. ASSIGNABILITY. ....................................................................................... 6 SECTION 8. INDEMNIFICATION.................................................................................... 6 SECTION 9. INSURANCE. ............................................................................................. 6 SECTION 10. NON-DISCRIMINATION........................................................................... 7 SECTION 11. TERMINATION......................................................................................... 7 SECTION 12. COMPLIANCE WITH LAWS. ................................................................... 7 SECTION 13. GOVERNING LAW................................................................................... 7 SECTION 14. PRIOR CONTRACTS AND AMENDMENTS............................................ 8 SECTION 15. CONFIDENTIAL INFORMATION. ............................................................ 8 SECTION 16. OWNERSHIP OF MATERIALS. ............................................................... 8 SECTION 17. COVENANT AGAINST CONTINGENT FEES.......................................... 8 SECTION 18. WAIVER. .................................................................................................. 8 SECTION 19. CONFLICT OF INTEREST....................................................................... 8 SECTION 20. AUDIT BOOKS AND RECORDS. ............................................................ 8 SECTION 21. NOTICES. ................................................................................................ 9 SECTION 22. EXHIBITS:................................................................................................ 9 o-0-o

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THE PARTIES HEREBY AGREE AS FOLLOWS:

SECTION 1. SCOPE OF SERVICES.

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

SECTION 2. TERM OF CONTRACT.

The term of this Contract shall be from November 1, 2024, to December 31, 2025June 30, 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.” However, the Parties acknowledge, understand and agree that while timely completion of any task is of critical importance to City, Consultant’s services shall be performed as expeditiously as is consistent applying professional skill, judgment and care and taking into account an orderly progress of the Project that is within Consultant’s control.

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.

SECTION 5. METHOD OF PAYMENT.

Except as otherwise provided in Exhibit “C,” each month, Consultant shall furnish to the City a statement of 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 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.

Consultant represents to City that the Services will be performed consistent with but limited to, that degree of skill and care ordinarily used by other reputable members of Consultant’s profession, practicing in the same or similar locality and under similar circumstances. Nothing in this Agreement shall be interpreted to require Consultant to meet any higher standard of care, and this paragraph shall control over any such contrary provision. Consultant makes no warranties, guarantees, express or implied,

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under this Agreement or otherwise in connection with Consultant’s services. By delivering the completed work, Consultant and its subconsultants represent that their work conforms to the requirements of this Agreement; endeavors to conform to all applicable (federal, state, county, local) laws, rules, regulations, orders, and procedures; and the professional standard of care in California.

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 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 shall defend, indemnify and hold harmless City, its officers and employees (Indemnified Parties), against any loss or liability arising out of or resulting in any way from work performed under this Contract due to the willful or negligent acts (active or passive) or errors or omissions by Consultant or Consultant's officers, employees or agents.

SECTION 9. INSURANCE.

A. Errors and Omissions Insurance. Consultant shall obtain and maintain in full force throughout the term of this Contract a professional liability insurance policy (Errors and Omissions), in a company authorized to issue such insurance in the State of California, with limits of liability of not less than One Million Dollars ($1,000,000.00) to cover all professional services rendered pursuant to this Contract.

B. 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 (if any), hired and non-owned automobiles.

C. 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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D. 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.

E. 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.

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 Municipal or Superior Court of the County of Santa Cruz.

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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.

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 or his designee, or as required by law.

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, other than a bona fide employee working solely for Consultant, to solicit or secure the Contract, and that Consultant has not paid or agreed to pay any company or person, other than a bona fide employee working solely for Consultant, 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 disclosure statement, if required by City Council Resolution, which shall be filed within thirty (30) days from the effective date of this Contract or such Resolution, 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 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

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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
275 Main Street, Suite 400
Watsonville, CA 95076
(831) 768-3040

CONSULTANT
Raimi + Associates
1900 Addison Street, Suite 200
Berkeley, CA 94704
(510) 666-1010
SECTION 22. EXHIBITS:

Exhibit A: Scope of Services
Exhibit B: Schedule of Performance
Exhibit C: Compensation
WITNESS THE EXECUTION HEREOF, on the day and year first hereinabove written.

CITY

CITY OF WATSONVILLE
BY
______________________________
Tamara Vides, City Manager
ATTEST:

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

BY
______________________________
Samantha Zutler, City Attorney

CONSULTANT
RAIMI + ASSOCIATES
BY_________________________________
Simran Malhotra, Principal/VicePresident, Raimi + Associates

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EXHIBIT “A”

SCOPE OF SERVICES
Task 1: Project Initiation & Management
Task 1.1 - Project Kick-Off Meeting
The R+A team will attend a virtual kick-off meeting with City staff to establish a mutual understanding of the key issues, discuss expectations, and lay out project milestones, meeting times, and deliverables. At this meeting we will confirm the goals and assumptions for the project and refine the scope of work.

Task 1.2 – Biweekly Conference Calls (up to 14)
R+A will hold virtual biweekly conference calls with the City’s Project Manager and other identified Planning staff to discuss project coordination and content topics, approximately one (1) hour each. Additional meetings may be scheduled on an as needed basis to address more timely issues. R+A’s project manager or a designated representative will be on each call. R+A will maintain an online document outlining agendas and meeting notes.

Task 1.3 - Project Coordination
This task includes time for general project management such as meeting coordination, monthly invoicing, and contracts.

Task 1 Deliverables
• One (1) kick-off meeting with staff – Meeting agenda and summary action notes • Biweekly conference calls between designated City staff and Consultant Team (R+A: up to 14 meetings – Meeting agenda and summary action notes) • Regular progress reports included w/ monthly invoice
Task 2: Background Research
Task 2.1 – Data Gathering and Issues Matrix
Data Gathering
City staff will provide R+A with all existing documents, regulations and permit procedures that would be useful during the evaluation phase. R+A will conduct a review and analyze existing policy documents, staff reports, previous studies, and relevant sections of the Housing Element, Zoning ordinance, and Downtown Watsonville Specific Plan pertaining to the following topics to be addressed in this project:
• Density Bonus (WMC Chapter 14-47)
• Transitional Housing (WMC Chapter 14-16 District Regulations) • ADUs and JADUs (WMC Chapter 14-23)
• Definition of Family (WMC Chapter 14-18 Definitions)
• Reasonable Accommodations Procedures
• Agricultural and Employee Housing Requirements

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• Downtown Watsonville Specific Plan (DWSP) land use mix for mixed-use projects
• DWSP heights
R+A will also review any available plans for ADU/JADU projects currently under review or recently approved to study how regulations are currently being interpreted and applied during the permit review process.

Zoning Topics Matrix
R+A will consolidate the analysis into a matrix of zoning topics and recommendations for each of the eight topic areas above, and will include:
• Summary of zoning topic
• Description of the City’s current requirements
• Summary of relevant minimum State requirements
• Identification of recommendations and/or options for how to address or exceed minimum State requirements
Suggested recommendations will consider and incorporate the staff direction as presented in the RFP. This matrix will be a common baseline that allows all participants to have the same understanding of the project information.

Task 2.2 – Staff Working Session #1
R+A will review the Zoning Topics Matrix during a virtual working session with City staff to review and solicit comments. Based on feedback at the staff working session, R+A will refine the matrix.

Task 2 Deliverables and Meetings
• Zoning Topics Matrix (Draft and Final)
• Staff Working Session #1
Task 3: Draft Zoning Amendments
Task 3.1 – Administrative Draft: Zoning and DWSP Amendments R+A will produce an Administrative Draft of the zoning and DWSP amendments based on the direction received in Task 2. The Administrative Draft will present a clear document of redline edits to the existing Zoning Code. This first draft will be a complete draft and include all required components of each Zoning Code modification, reasonable accommodations information sheet, and changes to the DWSP.

Task 3.2 – Staff Working Session #2
The City will review and provide one consolidated set of actionable comments to R+A on the Administrative Draft. R+A will review and discuss the comments at a virtual staff working session.

Task 3.3 – Screencheck Review Draft: Zoning and DWSP Amendments R+A will make all necessary updates to the Administrative Draft Zoning and DWSP Amendments based on the feedback received in Task 3.2 to prepare the Screencheck

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Review Draft.

Task 3.4 – PC and/or CC Study Session(s) – to be authorized separately R+A can present at a Planning Commission and/or City Council Study Session to provide an update and receive feedback if the DWSP height assessment determines that an increase in building heights is required. R+A would prepare the staff report, exhibits and PowerPoint presentation.

Task 3 Deliverables and Meeting
• Administrative Draft: Zoning and DWSP Amendments
• Screencheck Review Draft: Zoning and DWSP Amendments
• Staff Working Session #2
Task 4: Environmental Review
As discussed in the approach section of this proposal, an EIR Addendum would be the appropriate level of supplemental CEQA review for the project.

Task 4.1 – EIR Addendum
The EIR Addendum will evaluate whether the amendments to the Specific Plan would have different environmental impacts or a different degree of impact than those identified in the certified EIR, specifically as they relate to significant impacts. Often, CEQA addenda are arranged in a modified Initial Study checklist format based on CEQA Guidelines Appendix G that is tailored to the requirements of State CEQA Guidelines Section 15162. However, because no changes are proposed to buildout assumptions included in the adopted Specific Plan and certified EIR, it is unnecessary to provide an individual or separate discussion of each checklist item in Appendix G of the State CEQA Guidelines. Instead of a checklist format, the Addendum will provide a narrative discussion of the environmental topic areas most affected by building heights, which include aesthetics and historic resources.

The potential impacts to aesthetics and historic resources will focus on how taller buildings might result in new or more severe significant impacts than were previously identified in the certified EIR. The analysis will be qualitative and not include the preparation of visual simulations or historic evaluations. All other environmental topics in Appendix G of the State CEQA Guidelines will be discussed collectively in a brief narrative that explains how these environmental topics are either not present downtown or would be generally unaffected by increased building height. The Addendum will conclude with a brief summary of how the proposed amendments to the Specific Plan would not result in conditions described in State CEQA Guidelines Section 15162 requiring preparation of a Subsequent EIR.

The Draft EIR Addendum will be in the format of a stand-alone memorandum report.

Rincon will submit an electronic copy of the Draft EIR Addendum in Microsoft Word format for Raimi and City review and comment.

Rincon will address City comments on the Draft EIR Addendum and prepare the Final EIR Addendum in PDF format. Rincon assumes that consistent with the CEQA

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Guidelines, the Addendum will not be specifically and separately circulated for public comment. Rincon will also prepare the Notice of Determination (NOD) and file it with the County Clerk. It is assumed that payment of CDFW fees will not be needed if payment for filing the NOD for the certified EIR can be demonstrated.

Task 4.2 - Management
This task will include management of the internal CEQA team and schedule, preparing monthly invoices and status reports, and coordination calls during preparation of the Addendum.

Task 4 Deliverables and Meetings
• Draft EIR Addendum
• Final EIR Addendum
• Notice of Determination
Task 5: Adoption
Task 5.1 – Adoption Draft: Zoning and DWSP Amendments
R+A will review the consolidated feedback from City staff on any minor comments to address typos or clarifications on the Screencheck Review Draft and make all necessary updates to prepare the Adoption Draft Zoning and DWSP Amendments.

Task 5.2 – Planning Commission Hearing
The R+A team will prepare for, present, and solicit comments on the Adoption Draft at one Planning Commission hearing. R+A will prepare the staff report, resolution, and ordinances for the zoning code and DWSP Amendments. The City will provide templates for these deliverables. In-person attendance is assumed for the hearing.

Task 5.3 – City Council Adoption Hearing
The R+A team will prepare for, present, and solicit comments on the Adoption Draft at one City Council adoption hearing. R+A will prepare the staff report, resolution, and ordinances. A staff report for the 2nd Reading of the Ordinance will also be provided. The City will provide templates for these deliverables. Any comments from the Planning Commission will be included in the staff report. In-person attendance is assumed for the hearing.

Task 5.4 – Final: Zoning and DWSP Amendments
R+A will address the comments from decisionmakers and make all necessary revisions to prepare the Final Zoning and DWSP Amendments. This task will also include implementing the amendments to the DWSP document text and figures, as needed.

Task 5.5 – User-friendly ADU handout
Once the code amendments are adopted, R+A will prepare a user-friendly handout to provide information on the new requirements and processes for ADUs/JADUs. The handout will be bilingual (English and Spanish) and provide a visual dictionary of ADU/JADU types, a summary table of development standards, and clear step-by-step instructions of the review process.

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Task 5 Deliverables and Meetings
• Adoption Draft: Zoning and DWSP Amendments
• Staff reports, Resolution and Ordinances
• PC and CC adoption hearings (1 each)
• Final: Zoning and DWSP Amendments
• Revised DWSP document
• ADU Handout
Assumptions for City Staff
We believe that the best plans are developed as a partnership between City staff and the consultant team. While the Raimi + Associates team will do the bulk of the work on the project, we expect that City staff will serve as partners in the project every step of the way. The following is a preliminary list of the primary responsibilities of City staff:

1. The City will provide correct and up-to-date information; the consultant team is not responsible for out-of-date or inaccurate information.

2. The City will provide the following documents, maps and studies:
a. Available plans for ADU/JADU projects currently under review or recently approved
b. Housing Element
c. Watsonville Downtown Specific Plan and EIR
d. Height maps for the Downtown Specific Plan
e. Relevant sections of the Zoning Code in Word format (per task 2.1 topics) f. Any policy or procedural documents pertaining to the topic areas identified in task

2.1 3. All tasks are budgeted with an allowance for a certain number of hours which assumes a level of effort that is consistent with industry best practices and standards.

4. City review time for all project deliverables will be two weeks. All comments will be provided as a single set of non-conflicting and actionable comments that provide clear direction for the consultant team. Edits may also be provided electronically in Word as tracked change edits.

5. City staff will serve as partners to the consultant team in the update process and will be responsible for, at minimum, the following activities:
a. Logistics of all meetings.
b. Timely response to consultant team questions.
c. Timely review of documents and materials prepared by the consultant team. d. Preparing required notifications for public meetings and hearings. e. Coordinating with City staff in other departments throughout the project, including setting internal meetings.
f. All project documents will be delivered in electronic format, both Word and PDF formats. City staff will be responsible for printing documents. g. Other printing and mailing costs associated with the project are not specifically identified in the scope of work.
h. Other tasks as identified during the process.

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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 schedule below. Schedule may be administratively amended as mutually agreed in writing between the signatories to this agreement.
7-Month Schedule 11/11/2024 11/18/2024 11/25/2024 12/2/2024 12/9/2024 12/16/2024 12/23/2024 12/30/2024 1/6/2025 1/13/2025 1/20/2025 1/27/2025 2/3/2025 2/10/2025 2/17/2025 2/24/2025 3/3/2025 3/10/2025 3/17/2025 3/24/2025 3/31/2025 4/7/2025 4/14/2025 4/21/2025 4/28/2025 5/5/2025 5/12/2025 5/19/2025 5/26/2025 6/2/2025 6/9/2025 6/16/2025 6/23/2025 Task 1: Project Initiation & Management

1.1 Project Kick-Off Meeting

1.2 Biweekly Conference Calls (14)

1.3 Project Coordination
Task 2: Background Research

2.1 Data Gathering and Issues Matrix

2.2 Staff Working Session #1
Task 3: Draft Zoning Amendments

3.1 Administrative Draft

3.2 Staff Working Session #2

3.3 Screencheck Review Draft

3.4 PC and/or CC Study Session(s)
Task 4: Environmental Review

4.1 EIR Addendum (Draft and Final)

4.2 Management
Task 5: Adoption

5.1 Adoption Draft

5.2 Planning Commission Hearing

5.3 City Council Adoption Hearing

5.4 Final Zoning and DWSP Amendments

5.5 User-friendly ADU handout
Meeting(s) Ongoing
Feb-25 Mar-25 Apr-25 May-25 Jun-25
Project Work Deliverable
Nov-24 Dec-24 Jan-25

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EXHIBIT “C”

COMPENSATION
a. Total Compensation. The total obligation of City under this Contract shall not exceed one hundred and sixty-nine thousand dollars ($169,380). The project budget ($169,380) is provided below and is itemized by each task and subtask. 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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ODCs Total
Principal /
Project
Manager
Deputy
Project
Manager
Zoning
Code
Expert
Senior
Planner I
Intermedi
ate
Planner
Principal Supervisor
Planner I
Planner
III

GIS/CADD
Specialist II
Malhotra Cavalli Lundin Jones Dix
$285 $250 $225 $180 $160 $307 $272 $196 $167
Task 1: Project Initiation & Management

1.1 Project Kick-Off Meeting (Virtual) 2 6 2 10 $ 2,520 0 $ - $ 76 $ 2,596

1.2 Biweekly Conference Calls (14) 14 20 14 48 $ 12,140 0 $ - $ 364 $ 12,504

1.3 Project Coordination 4 8 12 $ 3,140 0 $ - $ 94 $ 3,234 Subtotal Task 1 20 34 16 0 0 70 $ 17,800 0 0 0 0 0 $ - $ 534 $ 18,334 Task 2: Background Research

2.1 Data Gathering and Issues Matrix 4 16 24 8 52 $ 11,980 0 $ - $ 359 $ 12,339

2.2 Staff Working Session #1 3 4 4 11 $ 2,755 0 $ - $ 83 $ 2,838 Subtotal Task 2 7 20 28 8 0 63 $ 14,735 0 0 0 0 0 $ - $ 442 $ 15,177 Task 3: Draft Zoning Amendments

3.1 Administrative Draft: Zoning and DWSP
Amendments 8 8 40 16 16 88 $ 18,720 0 $ - $ 562 $ 19,282

3.2 Staff Working Session #2 3 4 4 11 $ 2,755 0 $ - $ 83 $ 2,838

3.3 Screencheck Review Draft: Zoning and DWSP
Amendments 4 8 20 8 8 48 $ 10,360 0 $ - $ 311 $ 10,671

3.4 PC and/or CC Study Session(s) – to be authorized
separately 12 12 4 28 $ 7,320 0 $ - $ 220 $ 7,540
Subtotal Task 3 27 32 68 24 24 175 $ 39,155 0 0 0 0 0 $ - $ 1,175 $ 40,330 Task 4: Environmental Review

4.1 EIR Addendum (Draft & Final) 6 4 10 $ 2,710 4 20 60 4 88 $ 19,096 $ 1,418 $ 23,224

4.2 Management 0 $ - 2 4 2 4 12 $ 2,762 $ 193 $ 2,955
Subtotal Task 4 6 4 0 0 0 10 $ 2,710 6 24 62 8 100 $ 21,858 $ 1,611 $ 26,179 Task 5: Public Review of Recommendations

5.1 Adoption Draft: Zoning and DWSP Amendments 2 4 12 12 12 42 $ 8,350 0 $ - $ 251 $ 8,601

5.2 Planning Commission Hearing (includes preparing
staff report, resolution and ordinances) 12 20 8 40 $ 10,220 0 $ - $ 307 $ 10,527

5.3 City Council Adoption Hearing (includes preparing
staff report, resolution and ordinances) 12 20 8 40 $ 10,220 0 $ - $ 307 $ 10,527

5.4 Final: Zoning and DWSP Amendments 2 2 8 3 4 19 $ 4,050 0 $ - $ 122 $ 4,172

5.5 User-friendly ADU handout 2 12 12 24 50 $ 9,570 0 $ - $ 287 $ 9,857 Subtotal Task 5 30 58 36 27 40 191 $ 42,410 0 0 0 0 0 $ - $ 1,272 $ 43,682 Budget Total 90 148 148 59 64 509 $116,810 6 24 62 8 100 $ 21,858 $ 5,034 $ 143,702 Travel Costs (allowance) $ 3,000 $ 500 $ 3,500
TOTAL BY FIRM $119,810 $ 22,358 $ 5,034 $ 147,202
CONTINGENCY $ 22,178
GRAND TOTAL $ 169,380
Other Direct Costs (ODCs) included in totals above:

Direct costs for sub-consultant management fee (7% of Sub Consultant Fee) $ 1,530 Direct costs in reimbursable expenses for office expenses (3%) $ 3,504 Travel Costs (allowance) $ 3,500
Labor
Costs Total Fee
Tasks
Labor
Costs
Total
Hours Task Description Task #
RAIMI + ASSOCIATES
Other Direct
Costs
(See Notes)

RINCON CONSULTING
Subconsultant
Total
Hours
Prime

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1 CITY COUNCIL AGENDA REPORT
MEETING DATE: Tuesday, June 24, 2025
TO: CITY COUNCIL
WRITTEN BY: ASSISTANT PARKS & COMMUNITY SERVICES DIRECTOR NEGRETE RECOMMENDED BY: PARKS & COMMUNITY SERVICES DIRECTOR CALUBAQUIB APPROVED BY: TAMARA VIDES, CITY MANAGER
SUBJECT: RESOLUTIONS APPROVING TWO YEAR FACILITY USE CONTRACTS WITH

VARIOUS SENIOR ORGANIZATIONS AT THE WATSONVILLE SENIOR
CENTER
RECOMMENDATION:

That the City Council adopt:

1. 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, 2025 and ending June 30, 2027, and authorizing and directing the City Manager to execute the same.

2. 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, 2025 and ending June 30, 2027, and authorizing and directing the City Manager to execute the same.

3. 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, 2025 and ending June 30, 2027, and authorizing and directing the City Manager to execute the same.

4. 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, 2025 and ending June 30, 2027, and authorizing and directing the City Manager to execute the same.

BACKGROUND:

Since the City assumed management of the Watsonville Senior Center in 2019, the non-profit agencies operating there have maintained a facility use contract with the City. Services offered by these

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2 organizations provide much needed resources that are complimentary to the programs and services offered by the City and help to further establish the Watsonville Senior Center as a hub for older adults.

The rental fees paid by each organization contribute to covering utility costs and facility maintenance.

DISCUSSION:

The Watsonville Senior Center continues to serve as a central hub for programs and services tailored to adults aged 50 and older. In addition to a wide variety of recreational programs and activities offered by City staff, daily resources and services are made available through partnerships with local non-profit organizations based at the Center.

The terms of the contracts include:
 A two-year term commencing July 1, 2025 and expiring June 30, 2027.  Each non-profit shall provide a $1 million commercial liability insurance.  Base rent is as follows:
o For Fiscal Year 2025/2026:
 $125 per month for office space.
o For Fiscal Year 2026/2027:
 $150 per month for office space.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION:

This action 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.

STRATEGIC PLAN:

Community Engagement & Well-being – The Center and collaborating non-profits continue to provide activities and resources for our older adults.

FINANCIAL IMPACT:

The total base rent for these contracts is $500 per month, or $6,000 for Fiscal Year 2025-2026, and $600 per month, or $7,200 annually for Fiscal Year 2026-2027, and is reflected in the proposed FY 2025-27 budgets:
 Revenue: 150-682-5469-00000
ALTERNATIVE ACTION:

The Council may choose not to approve some or all of these two-year agreements and services offered by associated organizations would no longer be offered at the Senior Center.

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3 ATTACHMENTS AND/OR REFERENCES (IF ANY):

None.

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Reso No. (CM)
Meeting Date: 062425 SWZ ______ TV ______ PCS ______
1 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 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, 2025, AND ENDING JUNE 30, 2027, AND AUTHORIZING AND

DIRECTING THE CITY MANAGER TO EXECUTE THE 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 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 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,

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Reso No. (CM)
Meeting Date: 062425
2 2025, and ending June 30, 2027, a copy of which Facility Use Contract, is attached hereto and incorporated herein by this reference, is hereby approved

3. The City Manager is hereby authorized and directed to execute said Facility Use 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.
********************************

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In Process
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) Imelda Negrete Parks & Community Services 3245 Family Services Agency of the Central Coast Facility Use Agreement for the Senior Center Office Agency to Pay City 150-682-5469-00000 N/A N/A Facility Use agreement for office space to provide services to Older Adults at Watsonville Senior Center through June 2027. Item will be before Council on 06/24/2025.

Docusign Envelope ID: 9CBD7EA4-BE71-4ABB-8C4C-7EB604596D45 6/17/2025 | 12:00 PM PDT

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In Process

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):

Family Service Agency of the Central Coast
Effective Period: 07/01/2025 – 06/30/2027
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.

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.

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

Docusign Envelope ID: 9CBD7EA4-BE71-4ABB-8C4C-7EB604596D45

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In Process

5. The Use under this Contract is authorized from July 1, 2025 to June 30, 2027 (“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, for the use of the Center facilities described above, a monthly sum of $125.00 for July 1, 2025- June 30, 2026 and $150.00 for July 1, 2026 - June 30, 2027.

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.

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.

Docusign Envelope ID: 9CBD7EA4-BE71-4ABB-8C4C-7EB604596D45

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In Process

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.

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.

Docusign Envelope ID: 9CBD7EA4-BE71-4ABB-8C4C-7EB604596D45

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In Process
DATED:

USER: FAMILY SERVICE

AGENCY OF THE CENTRAL
COAST
BY:

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

Tamara Vides, City Manager
ATTEST:
______________________________
Irwin Ortiz, City Clerk
APPROVE AS TO FORM:
______________________________
Samantha Zutler, City Attorney
Docusign Envelope ID: 9CBD7EA4-BE71-4ABB-8C4C-7EB604596D45 6/17/2025 | 3:15 PM PDT

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In Process
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.

Docusign Envelope ID: 9CBD7EA4-BE71-4ABB-8C4C-7EB604596D45

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In Process
Docusign Envelope ID: 9CBD7EA4-BE71-4ABB-8C4C-7EB604596D45

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In Process
Docusign Envelope ID: 9CBD7EA4-BE71-4ABB-8C4C-7EB604596D45

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Reso No. (CM)
Meeting Date: 062425 SWZ ______ TV ______ PCS ______
1 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 CITIZENS’ LEGAL SERVICES, 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, 2025, AND ENDING JUNE 30, 2027, AND AUTHORIZING AND DIRECTING THE CITY

MANAGER TO EXECUTE THE 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 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 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, 2025, and ending

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Reso No. (CM)
Meeting Date: 062425 2
June 30, 2027, a copy of which Facility Use Contract, is attached hereto and incorporated herein by this reference, is hereby approved

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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.

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

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) Imelda Negrete Parks & Community Services 3245 Senior Citizen Legal Services Facility Use Agreement for the Senior Center Office Agency to Pay City 150-682-5469-00000 N/A N/A Facility Use agreement for office space to provide services to Older Adults at Watsonville Senior Center through June 2027. Item will be before Council on 06/24/2025.

Docusign Envelope ID: 21E2C0CF-8144-4A6C-8CDB-309A7649F2F4 6/9/2025 | 4:53 PM PDT

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

Senior Citizens’ Legal Services
Effective Period: 07/01/2025 – 06/30/2027
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.

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

Docusign Envelope ID: 21E2C0CF-8144-4A6C-8CDB-309A7649F2F4

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5. The Use under this Contract is authorized from July 1, 2025 to June 30, 2027 (“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.

Docusign Envelope ID: 21E2C0CF-8144-4A6C-8CDB-309A7649F2F4

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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.

Docusign Envelope ID: 21E2C0CF-8144-4A6C-8CDB-309A7649F2F4

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DATED:

USER: SENIOR CITIZENS’

LEGAL SERVICES
BY:

Rebecca Steckler, Executive
Director
DATED: CITY OF WATSONVILLE
BY:

Tamara Vides, City Manager
ATTEST:
______________________________
Irwin Ortiz, City Clerk
APPROVE AS TO FORM:
______________________________
Samantha Zutler, City Attorney
Docusign Envelope ID: 21E2C0CF-8144-4A6C-8CDB-309A7649F2F4 6/10/2025 | 9:43 AM PDT
6/11/2025 | 10:08 AM PDT

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ATTACHMENT “A”

Docusign Envelope ID: 21E2C0CF-8144-4A6C-8CDB-309A7649F2F4

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SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A : NAIC #
NAME: CONTACT
(A/C, No): FAX
E-MAIL ADDRESS:

PRODUCER
(A/C, No, Ext): PHONE

INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A

SUBR WVDADDL
INSD

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$ PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person) COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOS ONLY AUTOS NON-OWNED OWNED SCHEDULED

ANY AUTO

AUTOMOBILE LIABILITY

Y / N WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEEE.L. EACH ACCIDENT EROTH- STATUTE PER
(MM/DD/YYYY) LIMITS POLICY EXP(MM/DD/YYYY) POLICY EFFLTR TYPE OF INSURANCE POLICY NUMBER INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $ AGGREGATE $
$
OCCUR
CLAIMS-MADE DED RETENTION $
PRODUCTS - COMP/OP AGG $ GENERAL AGGREGATE $ PERSONAL & ADV INJURY $ MED EXP (Any one person) $
EACH OCCURRENCE $ DAMAGE TO RENTED
PREMISES (Ea occurrence) $ COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
5/28/2025
The CIMA Companies, Inc.
2750 Killarney Drive, Suite 202
Woodbridge VA 22192
Cara Fletcher 703-778-7312 703-778-7345 [email protected] License#: PC-1177299 Nonprofits Insurance Alliance Of California SENICIT-13 Alliance of Nonprofits for Insurance, Risk Retenti 10023 Senior Citizens Legal Service
317 Soquel Avenue
Santa Cruz CA 95062
State National Insurance Company, Inc. 12831 2111119133 A X 1,000,000 X 500,000 20,000 1,000,000 2,000,000
01-CP-000005568-1 5/1/2025 5/1/2026
2,000,000
A 1,000,000 X X
01-CP-000005568-1 5/1/2025 5/1/2026
B X
01-UB-000008665-0-000 5/1/2025 5/1/2026
1,000,000 1,000,000
C Cyber Liabilty EHJ-ADN00278900 5/1/2025 5/1/2026 $2,000,000 Additional Insured:

City of Watsonville
275 Main Street, Suite, 400
Watsonville, CA 95076 City of Watsonville
275 Main Street, Suite, 400
Watsonville CA 95076
Docusign Envelope ID: 21E2C0CF-8144-4A6C-8CDB-309A7649F2F4

Page 237 of 682 ends

POLICY NUMBER: 01-CP-0004500-01-01 COMMERCIAL GENERAL LIABILITY CG 20 10 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CG 20 10 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 3 ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – SCHEDULED PERSON OR

ORGANIZATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location(s) Of Covered Operations
Any person or organization that you are
required to include on this policy, under
written contract or agreement currently
in effect or becoming effective during
the term of this policy, applicable under
the terms and conditions of this
endorsement, and consistent with the
description below that the parties
intend. The additional insured status
will not be afforded with respect to
liability arising out of or related to
your activities as a real estate manager
for that person or organization.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in part, by:

1. Your acts or omissions; or

2. The acts or omissions of those acting on your
behalf;
in the performance of your ongoing operations for
the additional insured(s) at the location(s)
designated above.

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and

2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.

Docusign Envelope ID: 21E2C0CF-8144-4A6C-8CDB-309A7649F2F4

Page 238 of 682 ends

Page 2 of 3 ends

B. With respect to the insurance afforded to these
additional insureds, the following additional
exclusions apply:

This insurance does not apply to "bodily injury" or
"property damage" occurring after:

1. All work, including materials, parts or
equipment furnished in connection with such
work, on the project (other than service,
maintenance or repairs) to be performed by or
on behalf of the additional insured(s) at the
location of the covered operations has been
completed; or

2. That portion of "your work" out of which the
injury or damage arises has been put to its
intended use by any person or organization
other than another contractor or subcontractor
engaged in performing operations for a
principal as a part of the same project.

Docusign Envelope ID: 21E2C0CF-8144-4A6C-8CDB-309A7649F2F4

Page 239 of 682 ends

CG 20 10 12 19 © Insurance Services Office, Inc., 2018 Page 3 of 3 C. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable limits of
insurance;
whichever is less.

This endorsement shall not increase the
applicable limits of insurance.

Docusign Envelope ID: 21E2C0CF-8144-4A6C-8CDB-309A7649F2F4

Page 240 of 682 ends

Reso No. (CM)
Meeting Date: 062425 SWZ ______ TV ______ PCS ______
1 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, 2025, AND ENDING JUNE 30, 2027, AND AUTHORIZING AND DIRECTING THE CITY

MANAGER TO EXECUTE THE 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 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 two year Facility Use Contract between the City of Watsonville and Senior Network Services, 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, 2025, and ending June 30,

Page 241 of 682 ends

Reso No. (CM)
Meeting Date: 062425 2
2027, a copy of which Facility Use Contract, is attached hereto and incorporated herein by this reference, is hereby approved

3. The City Manager is hereby authorized and directed to execute said Facility Use 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.
********************************

Page 242 of 682 ends

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.

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

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) Imelda Negrete Parks & Community Services 3245 Senior Network Services Facility Use Agreement for the Senior Center Office Agency to Pay City 150-682-5469-00000 N/A N/A Facility Use agreement for office space to provide services to Older Adults at Watsonville Senior Center through June 2027. Item will be before Council on 06/24/2025.

Docusign Envelope ID: CE41F879-8BC1-4075-82BE-ED8302D8A2C3 6/12/2025 | 12:49 PM PDT

Page 243 of 682 ends

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

Senior Network Services, Inc.

Effective Period: 07/01/2025 – 06/30/2027
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.

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.

Docusign Envelope ID: CE41F879-8BC1-4075-82BE-ED8302D8A2C3

Page 244 of 682 ends

5. The Use under this Contract is authorized from July 1, 2025 to June 30, 2027 (“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.

Docusign Envelope ID: CE41F879-8BC1-4075-82BE-ED8302D8A2C3

Page 245 of 682 ends

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.

Docusign Envelope ID: CE41F879-8BC1-4075-82BE-ED8302D8A2C3

Page 246 of 682 ends

DATED:

USER: SENIOR NETWORK
SERVICES, INC.

BY:

Deirdre Daur, Director of Business
Operations
DATED: CITY OF WATSONVILLE
BY:

Tamara Vides, City Manager
ATTEST:
______________________________
Irwin Ortiz, City Clerk
APPROVE AS TO FORM:
______________________________
Samantha Zutler, City Attorney
Docusign Envelope ID: CE41F879-8BC1-4075-82BE-ED8302D8A2C3 6/16/2025 | 7:10 AM PDT
6/17/2025 | 3:40 PM PDT

Page 247 of 682 ends

ATTACHMENT “A”

Docusign Envelope ID: CE41F879-8BC1-4075-82BE-ED8302D8A2C3

Page 248 of 682 ends

ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED?

INSR ADDL SUBR

LTR INSD WVD
PRODUCER CONTACT NAME: PHONE FAX
(A/C, No, Ext): (A/C, No): E-MAIL ADDRESS:

INSURER A :

INSURED INSURER B :

INSURER C :

INSURER D :

INSURER E :

INSURER F :

POLICY NUMBER POLICY EFF POLICY EXP TYPE OF INSURANCE (MM/DD/YYYY) (MM/DD/YYYY) LIMITS

AUTOMOBILE LIABILITY

UMBRELLA LIAB

EXCESS LIAB WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO- POLICY JECT LOC PRODUCTS - COMP/OP AGG OTHER: $ COMBINED SINGLE LIMIT
(Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $
$ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $
If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT INSURER(S) AFFORDING COVERAGE NAIC #

COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

CERTIFICATE HOLDER CANCELLATION
ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
$
$
$
$
$
The ACORD name and logo are registered marks of ACORD
9/5/2024
License # BR-1801370
(949) 365-5156
Senior Network Services
1777-A Capitola Road
Santa Cruz, CA 95062
A 1,000,000
X 2024-04154 7/1/2024 7/1/2025 500,000
20,000
1,000,000
2,000,000
2,000,000
A 1,000,000
2024-04154 7/1/2024 7/1/2025
A 4,000,000
2024-04154 7/1/2024 7/1/2025 4,000,000
A Property 202404154PROP 7/1/2024 BPP 99,000
The City of Watsonville, its appointed and elected officials and its employees are named as Additional Insureds per blanket endorsements attached to the policy. Primary and Non Contributory and Waiver of Subrogation applies.

City of Watsonville
275 Main Street, Ste 400
Watsonville, CA 95076
SENINET-01 LJALANDRA
Acrisure Southwest Partners Insurance Services, LLC
4000 Westerly Place
Suite 110
Newport Beach, CA 92660
Loida Jalandra
[email protected]
Nonprofits Insurance Alliance of California
7/1/2025
X
X
X
X X
X X
Docusign Envelope ID: CE41F879-8BC1-4075-82BE-ED8302D8A2C3

Page 249 of 682 ends

Docusign Envelope ID: CE41F879-8BC1-4075-82BE-ED8302D8A2C3

Page 250 of 682 ends

Docusign Envelope ID: CE41F879-8BC1-4075-82BE-ED8302D8A2C3

Page 251 of 682 ends

Docusign Envelope ID: CE41F879-8BC1-4075-82BE-ED8302D8A2C3

Page 252 of 682 ends

Docusign Envelope ID: CE41F879-8BC1-4075-82BE-ED8302D8A2C3

Page 253 of 682 ends

Reso No. (CM)
Meeting Date: 062425 SWZ ______ TV ______ PCS ______
1 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 SENIORS COUNCIL OF SANTA CRUZ AND

SAN BENITO COUNTIES, 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, 2025, AND ENDING JUNE 30, 2027, AND AUTHORIZING AND

DIRECTING THE CITY MANAGER TO EXECUTE THE 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 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 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,

Page 254 of 682 ends

Reso No. (CM)
Meeting Date: 062425 2
2025, and ending June 30, 2027, a copy of which Facility Use Contract, is attached hereto and incorporated herein by this reference, is hereby approved

Page 255 of 682 ends

In Process
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.

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

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) Imelda Negrete Parks & Community Services 3245 Senior Council of Santa Cruz and San Benito Counties Facility Use Agreement for the Senior Center Office Agency to Pay City 150-682-5469-00000 N/A N/A Facility Use agreement for office space to provide services to Older Adults at Watsonville Senior Center through June 2027. Item will be before Council on 06/24/2025.

Docusign Envelope ID: E987227A-5FEE-4143-AD83-B7678A1E2544 6/18/2025 | 5:13 PM PDT

Page 256 of 682 ends

In Process

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

Seniors Council of Santa Cruz and San Benito Counties
Effective Period: 07/01/2025 – 06/30/2027
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.

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

Docusign Envelope ID: E987227A-5FEE-4143-AD83-B7678A1E2544

Page 257 of 682 ends

In Process

5. The Use under this Contract is authorized from July 1, 2025 to June 30, 2027 (“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.

Docusign Envelope ID: E987227A-5FEE-4143-AD83-B7678A1E2544

Page 258 of 682 ends

In Process

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.

Docusign Envelope ID: E987227A-5FEE-4143-AD83-B7678A1E2544

Page 259 of 682 ends

In Process
DATED:

USER: SENIORS COUNCIL OF

SANTA CRUZ AND SAN BENITO

COUNTIES
BY:

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

Tamara Vides, City Manager
ATTEST:
______________________________
Irwin Ortiz, City Clerk
APPROVE AS TO FORM:
______________________________
Samantha Zutler, City Attorney
Docusign Envelope ID: E987227A-5FEE-4143-AD83-B7678A1E2544 6/18/2025 | 5:19 PM PDT

Page 260 of 682 ends

In Process
ATTACHMENT “A”

Docusign Envelope ID: E987227A-5FEE-4143-AD83-B7678A1E2544

Page 261 of 682 ends

In Process

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A : NAIC #
NAME: CONTACT
(A/C, No): FAX
E-MAIL ADDRESS:

PRODUCER
(A/C, No, Ext): PHONE

INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

OTHER:
(Per accident)
(Ea accident)
$
$
N / A

SUBR WVDADDL
INSD

AUTOS ONLY

AUTOS ONLY AUTOS NON-OWNED OWNED SCHEDULED

ANY AUTO

AUTOMOBILE LIABILITY

Y / N WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) DESCRIPTION OF OPERATIONS below
If yes, describe under

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
6/3/2025
Lamb Insurance Services
Attn: Accounts Payable
1385 Hwy 35 PMB 170
Middletown NJ 07748
Service Hub 212-375-3000 888-389-8061 [email protected] License#: PC-1013055 Philadelphia Indemnity Insuran 18058 SENICOU-03 Service American Indemnity Com 39152 Seniors Council Of Santa Cruz & San Benito Counties
175 Westridge Dr
Watsonville CA 95076
187278765
A X 1,000,000 X 1,000,000 20,000 1,000,000 2,000,000 X
PHPK2691177-001 7/1/2025 7/1/2026
2,000,000
A 1,000,000 X X
PHPK2691177-001 7/1/2025 7/1/2026
A X X
PHUB913193-001 7/1/2025 7/1/2026
1,000,000 1,000,000 X
10,000
B SATIS0006504 7/1/2024 7/1/2025
X
1,000,000 1,000,000 1,000,000
A
A
Sexual Abuse & Molestation
Professional Liability
PHPK2691177-001
PHPK2691177-001
7/1/2025
7/1/2025
7/1/2026
7/1/2026
$1M Occurence
$1M Occurence
$1M Aggregate
$2M Aggregate
Additional Policies:

Cyber Liability / Policy# C-4N5L-058961-CYBER-2025 / Eff date: 5-12-25 - 5-12-26 / Agg Limit: 1,000,000 Accident Policy / Policy# PHPA160564-001 / Eff date: 7-1-25 - 7-1-26 / Agg Limit: 1,000,000 Crime /Policy# PHPK2691177-001/ eff date 7-1-25 - 7-1-26/ Agg limit: $100,000 The City of Watsonville, its appointed and elected officials and its employees are included as additional insured where required by written contract.

City of Watsonville
275 Main Street, STE 400
Watsonville, CA 95076
Docusign Envelope ID: E987227A-5FEE-4143-AD83-B7678A1E2544

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In Process
PI-GLD-HS (10/11)

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Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

GENERAL LIABILITY DELUXE ENDORSEMENT:

HUMAN SERVICES
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE
It is understood and agreed that the following extensions only apply in the event that no other specific coverage for the indicated loss exposure is provided under this policy. If such specific coverage applies, the terms, conditions and limits of that coverage are the sole and exclusive coverage applicable under this policy, unless otherwise noted on this endorsement. The following is a summary of the Limits of Insurance and additional coverages provided by this endorsement. For complete details on specific coverages, consult the policy contract wording.

Coverage Applicable Limit of Insurance Page #
Extended Property Damage Included 2
Limited Rental Lease Agreement Contractual Liability $50,000 limit 2 Non-Owned Watercraft Less than 58 feet 2
Damage to Property You Own, Rent, or Occupy $30,000 limit 2 Damage to Premises Rented to You $1,000,000 3
HIPAA Clarification 4
Medical Payments $20,000 5
Medical Payments – Extended Reporting Period 3 years 5
Athletic Activities Amended 5
Supplementary Payments – Bail Bonds $5,000 5
Supplementary Payment – Loss of Earnings $1,000 per day 5 Employee Indemnification Defense Coverage $25,000 5
Key and Lock Replacement – Janitorial Services Client Coverage $10,000 limit 6 Additional Insured – Newly Acquired Time Period Amended 6 Additional Insured – Medical Directors and Administrators Included 7 Additional Insured – Managers and Supervisors (with Fellow Employee Coverage)
Included 7
Additional Insured – Broadened Named Insured Included 7 Additional Insured – Funding Source Included 7
Additional Insured – Home Care Providers Included 7
Additional Insured – Managers, Landlords, or Lessors of Premises Included 7 Additional Insured – Lessor of Leased Equipment Included 7 Additional Insured – Grantor of Permits Included 8
Additional Insured – Vendor Included 8
Additional Insured – Franchisor Included 9
Additional Insured – When Required by Contract Included 9 Additional Insured – Owners, Lessees, or Contractors Included 9 Additional Insured – State or Political Subdivisions Included 10 Docusign Envelope ID: E987227A-5FEE-4143-AD83-B7678A1E2544

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In Process
PI-GLD-HS (10/11)

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Includes copyrighted material of Insurance Services Office, Inc., with its permission. © 2011 Philadelphia Indemnity Insurance Company
Duties in the Event of Occurrence, Claim or Suit Included 10 Unintentional Failure to Disclose Hazards Included 10
Transfer of Rights of Recovery Against Others To Us Clarification 10 Liberalization Included 11
Bodily Injury – includes Mental Anguish Included 11
Personal and Advertising Injury – includes Abuse of Process, Discrimination
Included 11
A. Extended Property Damage
SECTION I – COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph a. is deleted in its entirety and replaced by the following:
a. Expected or Intended Injury
“Bodily injury” or property damage” expected or intended from the standpoint of the insured.

This exclusion does not apply to “bodily injury” or “property damage” resulting from the use of reasonable force to protect persons or property.

B. Limited Rental Lease Agreement Contractual Liability SECTION I – COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph b. Contractual Liability is amended to include the following:
(3) Based on the named insured’s request at the time of claim, we agree to indemnify the named insured for their liability assumed in a contract or agreement regarding the rental or lease of a premises on behalf of their client, up to $50,000. This coverage extension only applies to rental lease agreements. This coverage is excess over any renter’s liability insurance of the client.

C. Non-Owned Watercraft
SECTION I – COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Subsection 2. Exclusions, Paragraph g. (2) is deleted in its entirety and replaced by the following:
(2) A watercraft you do not own that is:
(a) Less than 58 feet long; and
(b) Not being used to carry persons or property for a charge; This provision applies to any person, who with your consent, either uses or is responsible for the use of a watercraft. This insurance is excess over any other valid and collectible insurance available to the insured whether primary, excess or contingent.

D. Damage to Property You Own, Rent or Occupy
SECTION I – COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE Docusign Envelope ID: E987227A-5FEE-4143-AD83-B7678A1E2544

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1 CITY COUNCIL AGENDA REPORT
MEETING DATE: Tuesday, June 24, 2025
TO: CITY COUNCIL
WRITTEN BY: ENVIRONMENTAL PROJECT MANAGER VU-DUC
RECOMMENDED BY: PUBLIC WORKS & UTILITIES DIRECTOR LINDBERG APPROVED BY: TAMARA VIDES, CITY MANAGER
SUBJECT: APPROVAL TO ENTER INTO AGREEMENT WITH MIOCAR FOR 2-YEAR

ELECTRIC CARSHARE PILOT
RECOMMENDATION:

Adopt a resolution approving a License and Maintenance Agreement with San Joaquin Valley Community Shared Mobility, Inc. for the Provision of an Electric Vehicle Car Sharing Service.

BACKGROUND:

At the March 25 meeting this year, the Council passed Resolution No. 81-25 authorizing the City to enter into a grant agreement with Ecology Action to collaborate with a large team of social equity, health, and sustainability-focused organizations on the ¡Adelante Watsonville! Project. The project is funded by a $7.2 million California Air Resources Board (CARB) Clean Mobility In Schools (CMIS) & Sustainable Transportation Equity Program (STEP) grant to increase Watsonville's access to active and zero-emission transport by:
 Introducing an electric vehicle (EV) carshare program  Expanding e-bikeshare services
 Installing new bicycle and pedestrian infrastructure, and  Engaging community participation through robust bilingual and bicultural programming.

The first of these tasks is led by the EV carshare program, Miocar, a California-based non-profit organization specializing in rural and agricultural communities with existing programs in Tulare/Kern County, Richmond, and San Joaquin County. The ¡Adelante Watsonville! project funds the introduction of Miocar’s electric vehicles to Watsonville for a pilot program through May 2027.

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2 DISCUSSION:

Carshare services enable people to rent a car for short periods, often by the hour, instead of owning one.

They provide access to a fleet of vehicles at designated locations, usually through an app to offer flexibility and convenience for occasional driving needs. Carshare programs also deliver environmental benefits by providing vehicle access without ownership, which can reduce the number of private cars and complement active and public transportation modes.

Miocaris different from other carshare programs in its use of 100% zero-emission battery electric vehicles, not-for-profit operating model, and pricing (from $4/hr and $35/day), and wraparound bilingual orientation services designed to break down barriers to EVs, especially in Spanish-speaking communities.

Like other carshare programs, physical parking is required to domicile Miocar’s fleet. The EV carshare portion of the ¡Adelante Watsonville! project identifies existing EV charger parking to implement a first phase of deployment beginning with City-owned EV chargers, though future phases are planned to expand into partnerships with commercial chargers. Phase one proposes permitted parking allocations for five (5) City parking spaces at three (3) chargers across three (3) sites:
• Airport (100 Aviation Wy): 2 parking spaces, 1 charging port • City Hall (250 Main St): 2 parking spaces, 1 charging port • Romo Park (335 Main St): 1 parking space, 1 charging port Aerial images of these proposed parking allocations can be found in Schedule A of the attached agreement. Allocations include an additional, non-EV charger parking space at the Airport and City Hall parking lots to support Miocar’s operating model, which provides a back-up EV to minimize service interruptions. The operation will be supported by dedicated Miocar fleet staff based in Watsonville to ensure user bookings produce fully-charged EVs.

If approved, Miocar will deploy electric vehicles to the sites above and carry out a robust community engagement campaign in collaboration with ¡Adelante Watsonville! partner agencies. This campaign includes a 2-month period of free trials for community participants.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION:

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 a sole source agreement for the provision and operation of an electric vehicle car sharing program 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

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3 can be seen with certainty that there is no possibility that this action may have a significant effect on the environment.

STRATEGIC PLAN:

This item supports the following Strategic Plan priorities:

Infrastructure & Environment
An electric carshare program supports environmental stewardship (2.3) to continue the City’s longstanding and proactive efforts to serve as a regional leader. The item directly implements the Climate Action and Adaptation Plan (CAAP) Measure T7 EV Expansion by providing community access to EVs without requiring vehicle ownership and increasing use of public EV chargers.

Community Engagement & Well-being
As one of the tasks included in the collaborative partnership of organizations named in the ¡Adelante Watsonville! project, this item also directly supports the City’s priority to work with community-based organizations to provide resources for residents.

FINANCIAL IMPACT:

Funding for the EV carshare will be provided by the CARB STEP grant awarded for the ¡Adelante Watsonville! project via Ecology Action. As a partnering agency on the grant application, Miocar is also proposed as a sole source selection due to their specific naming for funding as part of the CARB STEP grant. This funding benefits the City through allocation towards Miocar’s costs of:
 Annual parking permits for each space occupied by a Miocar vehicle ($2,640 total annually)  Cost to fuel through City chargers at a proposed rate of $0.35/kWh.

The special fuel rate of $0.35/kWh is proposed consistent with fuel rates for the Miocar program in other participating jurisdictions and in lieu of the current public fee of $0.22/kWh + $0.50/hr for the first 4 hours and $0.22/kWh + $5.00/hr thereafter. The public time-related fees were created to encourage greater access to chargers for public users but would not apply to Miocar vehicles already paying for time through the annual parking permit. This special rate is proposed so as not to overcharge the non-profit carshare vehicle fueling while recovering cost for the electricity consumed.

In addition to the up-front financing from the grant for the program’s deployment, an electric carshare program will increase use of existing EV chargers. Increased use results in greater City revenue in the form of increased Low Carbon Fuel Standard (LCFS) credits, which currently generates roughly $1,400 annually.

ALTERNATIVE ACTION:

The Council could choose not to approve the agreement.

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4 ATTACHMENTS AND/OR REFERENCES (IF ANY):

None.

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Reso No. (CM)
Meeting Date: 062425 SWZ ______ TV ______ PWU ______
1 RESOLUTION NO. __________ (CM)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WATSONVILLE

APPROVING LICENSE AND MAINTENANCE AGREEMENT WITH SAN
JOAQUIN VALLEY COMMUNITY SHARED MOBILITY, INC. DBA
“MIOCAR”, FOR THE PROVISION OF AN ELECTRIC VEHICLE CAR
SHARING SERVICE; AND AUTHORIZING THE CITY MANAGER TO
EXECUTE A LICENSE AND MAINTENANCE AGREEMENT.

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 procurement); and WHEREAS, San Joaquin Valley Community Shared Mobility, Inc., doing business as “Miocar” is the sole electric vehicle carsharing service named for funding by the California Air Resources Board (CARB) Sustainable Transportation Equity Program (STEP) grant; and
WHEREAS, the CARB STEP grant has allocated $7.2 million to Ecology Action and its ¡Adelante Watsonville! Project partners to increase access to active and zero-emission transport in the City of Watsonville, specifying a portion of the grant for an electric vehicle carshare program.

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

1. Authorization of the license and maintenance agreement 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 reasonable foreseeable indirect

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Reso No. (CM)
Meeting Date: 062425 2
physical change in the environment. Furthermore, if approval of the license and maintenance agreement were to be considered a project under CEQA, it would be exempt pursuant to CEQA Guidelines Section 15061(b)(3) as an administrative action involving no physical change in the environment and does not enable or otherwise affect development.

2. The Council finds that the provision of an electric vehicle car sharing service funded by the CARB STEP grant is available from one source that meets the needs of the City (also known as a sole source procurement).

3. This agreement is exempt from the purchasing procedures of Chapter 5 of Title 3 of the Municipal Code as a sole source purchase under subdivision (c) of § 3-5.210 of the Municipal Code.

4. That the Council hereby approves the License and Maintenance License and Maintenance Agreement between the City of Watsonville and San Joaquin Valley Community Shared Mobility, Inc. DBA “Miocar” for the provision of an electric vehicle car sharing program.

5. That the City Manager is hereby authorized and directed to execute said Agreement 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.
********************************

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License and Maintenance Agreement for Provision of EV Car Sharing, Parking Spaces, and Charging Infrastructure
This License and Maintenance Agreement (the “Agreement”), dated _______________, is by and between the City of Watsonville (“City”), a municipal corporation, and San Joaquin Valley Community Shared Mobility, Inc. d/b/a Miocar (“Licensee”), a California 501c3 non-profit corporation, together known as the “Parties”.

RECITALS
A. On March 25, 2025, the City entered into an agreement with Ecology Action to receive a sub-award from the California Air Resources Board (CARB) Clean Mobility In Schools (CMIS) & Sustainable Transportation Equity Program (STEP) grant (“Grant”) to be used on ¡Adelante Watsonville!, a component of which includes an electric car share program (the “Project”).

B. In accordance with the Grant and to fulfill the carsharing component (“Task 3”) of the ¡Adelante Watsonville! Project, Licensee desires to access the existing charging ports in the City (“Electric Vehicle Supply Equipment” or “EVSE”) along with adjacent City-owned parking spaces (see Schedule “A” for site list and number of charging ports/vehicles at each location), for the operation of an affordable non-profit electric vehicle car sharing program (the “Program”).

D. City is the owner of that real property described in Schedule A, attached hereto and incorporated by this reference (collectively, the “City Sites”), which is suitable for use in the Program.

E. City is willing to grant to Licensee a license to enter upon the City Sites for the purposes of maintaining the vehicles and operating the Program, as set forth more fully below.

F. The Parties represent and warrant that the foregoing recitals are true and correct.

THEREFORE, in consideration of the following mutual covenants and conditions, it is hereby agreed as follows:

1. LICENSE TERM
A. Nothing in this Agreement shall be construed as granting Licensee the authority to use any property that is owned by any person or entity other than City. Licensee assumes sole responsibility for ensuring the placement of its vehicles on the City Sites.

Docusign Envelope ID: BCBFDBF6-65A8-4B15-9BFF-D92B39D47CCC

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B. This Agreement is not intended to represent permission granted in perpetuity. This Agreement is not a lease and shall not be deemed to create a leasehold interest in the City Sites. The initial term of this Agreement will be from the date of this Agreement’s execution through May 31, 2027, with a possible renewal term of 12 months. The Parties may, by mutual written agreement, extend the term for up to three (3) additional one-year periods.

Notwithstanding the above, any party may terminate this agreement by giving ninety (90) days advance written notice to the others of the intent to terminate.

C. Upon expiration or termination of this Agreement, unless waived in writing by the City, Licensee will be solely responsible for removal of the vehicles and any associated signage and restoring the City Sites to the same condition as they were prior to this Agreement. Removal must be completed, and the City Sites completely restored, by the date of expiration or termination. Failure to restore City Sites (other than EVSE-related removal and restoration) upon expiration or termination, to the satisfaction of the City, shall be a Default and not be afforded a cure period under Section 7 of this Agreement.

D. If Licensee continues to maintain the Program after the expiration or termination of this Agreement, holding over will not be considered a renewal or extension of this Agreement.

E. Licensee’s rights are limited to the rights created by this Agreement, notwithstanding any other provision of this Agreement to the contrary, which is only revocable as set forth expressly herein.

2. LICENSE TO USE CITY SITES
A. City grants to Licensee the right to enter upon the City Sites, and adjacent City property, for the purpose of maintaining the vehicles, all of which shall be the sole responsibility of Licensee and at its expense.

B. City shall provide dedicated automobile parking spaces, each allowing access to EVSE, at locations described in Schedule A.

C. City shall establish a fueling rate of $0.35/kWh with the EVSE provider applicable to the Licensee for the sole purpose of charging Program vehicles. This rate reflects that the City will recover electricity consumption costs without applying time of use charges and is subject to change. City will provide 30 days’ notice prior to any change in fueling rate.

D. The dedicated parking spaces shall be used solely for the parking and charging of Licensee’s vehicles and for no other purpose except as may be agreed upon by the Parties in writing.

Docusign Envelope ID: BCBFDBF6-65A8-4B15-9BFF-D92B39D47CCC

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E. City shall provide access to the dedicated parking spaces 24 hours per day, 7 days per week, for the purposes of operating the Program.

F. City shall provide a contact for Licensee in the event of emergency and for routine program communications.

3. ADDITIONAL LICENSEE RESPONSIBILITIES
A. Licensee shall seek approval from City for signage design and pay the cost of signage identifying the Program’s dedicated spaces identified in Schedule A.

B. Licensee is responsible for the cost of charging that is incurred by Licensee vehicles during, before and after member reservations, that occurs under the Program. Licensee will provide payment for this charging directly to the EVSE provider. Licensee is responsible for any session fees charged by EVSE provider in addition to the cost of charging set by the City.

C. Licensee is responsible for obtaining and maintaining all necessary licenses and permits required for operation under this Agreement including but not limited to:
i.Local Business License; and
ii.Parking Permits for each space identified in Schedule A.

D. Notwithstanding anything herein to the contrary, Licensee agrees that (a) Licensee and its customers’ use of the parking spaces shall comply with all applicable laws, ordinances, orders, rules, regulations and requirements and (b) neither it nor its customers will conduct any activities with respect to the parking spaces which result in the generation, storage or release of any toxic, hazardous or similar substances (as those terms may be defined from time to time in any federal, state or local law, rule or regulation).

E. Licensee will be responsible for the ownership, insurance, cleaning and maintenance of the Program vehicles.

F. Limits of area of responsibility as identified in this Agreement at charging station are shown separately on Schedule A. This may include drivable pathways of vehicles from the street to the parking area, maintenance station, charging area, wash area, testing facility, and pertinent equipment storage.

G. Licensee is responsible for monitoring the sites designated on Schedule A for all items including but not limited to cleanliness, appearance, Docusign Envelope ID: BCBFDBF6-65A8-4B15-9BFF-D92B39D47CCC

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safety and functionality. With respect to the electric vehicle charging equipment, Licensee will bring to the attention of EVCS, the third-party owner-operator of the EVSE, any and all issues inhibiting operation of the charging stations. Licensee does not repair, replace or alter the vehicle charging equipment. Licensee shall file a work order (ticket) with the EVSE or appropriate agency or entity to ensure the quick resolution of any issue with the station’s function.

H. Restricted areas are as shown on Schedule A. Public access is restricted on all areas identified adjacent or near the charging stations as shown on the Schedule.

I. Program membership will be open to any member of the public 21+ years of age, who meets the Program requirements, including having a valid driver’s license.

J. During the term of this Agreement, Licensee shall comply with the insurance requirements set forth in Schedule B.

K. Employees of Licensee shall not be considered employees of City and shall possess appropriate identification as an employee of Licensee while on City Sites.

L. Licensee represents that it is qualified to perform the described services under this Agreement and has or will obtain all requisite licenses and permits, as may be required and including a City business license, prior to performing those services.

M. Maintenance of Program Vehicles and City Sites.
i.Alterations. Licensee may not make any alterations, installations, additions, or improvements in or to the dedicated parking spaces or any other portion of the City Sites without the prior written consent of City, which consent may be withheld or conditioned in City’s sole and absolute discretion. No degradation or damage to the parking spaces or charging stations shall be permitted.
ii.Repairs. Licensee shall, at its sole cost and expense, be responsible for repairing any damage caused to the City Sites during the term of this Agreement.
iii.Maintenance. Licensee shall keep its Program vehicles and the City Sites in clean and safe working condition, free of vandalism and markings, paintings, drawings-on, etchings, engravings, or scratchings (together, “Markings”) other than those regularly made and maintained by Licensee.
iv.Review and Remediation. Licensee shall inspect, and keep records of inspections, for each of its Program vehicles and the City Sites no less than once per week for compliance with this Agreement. If any damage or Markings are discovered by Licensee, or if Licensee is Docusign Envelope ID: BCBFDBF6-65A8-4B15-9BFF-D92B39D47CCC

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notified of damage or Markings by any person, then Licensee shall promptly cause the Program vehicle or City Site to be cleaned, restored, or repaired to its original, safe working condition, but in no event in more than five (5) days.

N. California Vehicle Code and Watsonville Municipal Code:

Enforcement. Program vehicles and their users are subject to enforcement under state and local laws involving moving and non-moving violations. This will include, but is not limited to, illegal parking, reckless driving, and improper use of vehicles as described under applicable law.

Licensee will be responsible for parking citations issued to Program vehicles, and any associated costs of vehicle recovery such as impound, towing, and storage fees.

O. Retrieval of Program vehicles. Licensee shall, within twenty four (24) hours notice from any person, including Program users, retrieve Program vehicles that are in any of the following conditions:
i.Inoperable;
ii.Involved in an accident where there is collision with, or damage to, any vehicle, person, or property;
iii.Parked in a location within the City, other than a City Site or the property of Licensee or its contractors, for a period of more than 72 hours; or
iv.Not meeting any of the standards of this Agreement or local, state, and federal law, or is in violation of any local, state, or federal law.

Notwithstanding Section 8 of this Agreement, notice under this Subsection O may be provided telephonically or through electronic mail.

P. Licensee shall provide a point of contact to the City in the event of emergency and for routine program communications. Any change in contact information must be provided in writing no less than three (3) days in advance of the change.

4. LIABILITY
In no event shall City be liable for any damage to or loss of personal property or equipment sustained by Licensee, and/or the Licensee’s customers, regardless of whether the injured party is insured, unless such loss is caused by the gross negligence of City and its officials, officers, employees and volunteers. Any property of any kind brought on the City Sites by Licensee, and/or Licensee’s customers shall be at their sole risk and shall be promptly removed at the expiration of this Agreement.

5. INDEMNIFICATION; LIMITATION OF LIABILITY
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A. To the fullest extent permitted by law, Licensee shall hold harmless, defend and indemnify City and its officers, officials, employees and volunteers (together, the “Indemnified Parties”) from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with Licensee’s negligent performance of work or more culpable act or omission hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which was caused by the gross negligence or willful misconduct of the City. This obligation is independent of, and shall not in any way be limited by, the minimum Insurance obligations contained in this Agreement. These obligations shall survive the completion or termination of this Agreement for so long as the applicable statute of limitations exists.

B. Licensee agrees that none of the Indemnified Parties shall have any personal obligation hereunder, and that Licensee shall not seek to assert any claim or enforce any of Licensee's rights hereunder against any Indemnified Parties.

6. SUCCESSORS AND ASSIGNS; LICENSEE LIABILITY
Licensee’s rights under this Agreement are for the benefit only of the Licensee named herein.  Licensee shall not assign, sublicense, or transfer any of its rights under this agreement without written consent of the City, which City may provide in its sole discretion.  City may transfer its rights and obligations under this Agreement to a successor owner of any portion of the City Sites.

7. DEFAULT
In the event of a breach by Licensee of any portion of this Agreement (each a “Default”) which remains uncured fourteen (14) days after notice is given by City to Licensee, City may in its sole discretion cure the Default and charge reasonable costs to Licensee, including interest thereon at a rate equal to one percent (1%) over the 11th Federal Reserve District Cost of Funds Index from the date of notice of said costs and expense until paid. The principal amount charged to Licensee will be an amount that is a total cost-recovery to the City for City staff and/or contracted work to cure the Default.

8. NOTICES
Any notice, statement, demand or other communication required to be given, rendered or made by any party to the others, shall be in writing and shall be deemed to have been properly given, rendered or made, if sent by recognized overnight courier or by registered or certified mail, return receipt requested, addressed to the other party at the other party’s address as set forth below and Docusign Envelope ID: BCBFDBF6-65A8-4B15-9BFF-D92B39D47CCC

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shall be deemed to have been given, rendered or made when received or when delivery is refused.

If to City: Toto Vu-Duc, Environmental Projects Manager 500 Clearwater Lane Watsonville, CA 95076
email: [email protected]
phone: (831) 768-3187
If to Licensee:         Gloria Huerta, Chief Operating Officer 343 E Main Street Suite 605 Stockton, CA 95202
email: [email protected]
phone: 661-237-3998
Any party may, by notice to the others, designate a different address or addresses for notices, statements, demands or other communications intended for it.

9. MISCELLANEOUS
A. Taxes. Licensee shall pay all applicable taxes, including possessory interest taxes, levied upon or as a result of this Agreement or operation of the Program. Licensee acknowledges that this Agreement may create a “possessory interest” in City property for tax purposes. City acknowledges the Licensee and the Program may qualify for tax exemption.

B. Entire Agreement; Waiver. This Agreement contains the entire agreement between the Parties with regard to the matters set forth herein. There are no additional written or oral agreements or promises concerning these matters which are not expressly set forth in this agreement. This Agreement may only be amended in a writing signed by both Parties.  No provision of this Agreement shall be deemed to have been waived by any Party unless such waiver is in writing and is signed by the Party to be charged.

C. Governing Law and Venue. This Agreement shall be construed and enforced in accordance with, and all questions of construction, validity, interpretation, and performance of this Agreement shall be governed by, the laws of the State of California. Venue for all claims in law or in equity shall be heard in the Superior Court of the County of Santa Cruz, Watsonville Branch, or here applicable, in the Federal District Court of California, Northern District, Santa Cruz Division.

D. Severability. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible.

E. Attorneys’ Fees. Should any party hereto bring suit in any court to enforce the terms hereof, any judgment awarded shall include court costs and reasonable attorneys’ fees to the successful party.

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F. Rules and Regulations. Licensee shall at all times comply with all federal, state, and local laws, ordinances, rules and regulations which are applicable to the use authorized under this Agreement. Licensee shall display and/or provide, upon request, any permits, licenses, or other evidence of compliance with applicable laws.

G. Authority to Enter Into Agreement. The Parties each represent and warranty that they each are duly authorized to enter into this Agreement, and that the person or persons executing this Agreement has or have full authority to do so and to fully bind their respective Parties.

IN WITNESS WHEREOF, The Parties below have caused this Agreement to be effective as of the first date written above:

CITY OF WATSONVILLE, San Joaquin Valley Community
a municipal corporation: Shared Mobility, Inc.

By_________________________ By_________________________ TAMARA VIDES GLORIA G. HUERTA

CITY MANAGER CHIEF OPERATING OFFICER

ATTEST:

By___________________________

IRWIN ORTIZ CITY CLERK
APPROVED AS TO FORM:

OFFICE OF THE CITY ATTORNEY
By: ___________________________

CITY ATTORNEY
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Schedule A
City Sites
No. Name Address
1  Airport  100 Aviation Way, Watsonville, CA 95076
2  City Hall  250 Main Street, Watsonville, CA 95076
3  Romo Park (across Downtown Plaza)  335 Main Street, Watsonville, CA 95076 Site descriptions below outlined red provide detail of the permitted area for electric vehicle carshare allocation under this agreement:

1. Airport: One (1) Electric Vehicle Supply Equipped (EVSE) parking space + one (1) adjacent parking space

2. City Hall: One (1) Electric Vehicle Supply Equipped (EVSE) parking space + one (1) adjacent parking space
Docusign Envelope ID: BCBFDBF6-65A8-4B15-9BFF-D92B39D47CCC

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3. Romo Park: One (1) Electric Vehicle Supply Equipped (EVSE) parking space
Docusign Envelope ID: BCBFDBF6-65A8-4B15-9BFF-D92B39D47CCC

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Schedule B
Insurance Requirements
(License and Maintenance Agreements)
Licensee (for purposes of this Schedule B, “Contractor”) shall procure and maintain for the duration of the contract, and for 5 years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.

If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the City of Watsonville requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Watsonville.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Watsonville.

The City of Watsonville may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Watsonville. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or Docusign Envelope ID: BCBFDBF6-65A8-4B15-9BFF-D92B39D47CCC

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deductible that exceeds $25,000 unless approved in writing by City of Watsonville. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Watsonville may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named Insured.

The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City of Watsonville reserves the right to obtain a copy of any policies and endorsements for verification.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

1. The City of Watsonville, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor.

General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

Additional insured Name of Organization shall read “City of Watsonville, its officers, officials, employees, and volunteers.” Policy shall cover City of Watsonville, its officers, officials, employees, and volunteers for all locations work is done under this contract.

2. For any claims related to this project, the Contractor’s insurance coverage shall be primary and non-contributory insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City of Watsonville, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Watsonville, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies. The City of Watsonville does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.

3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City of Watsonville.

Claims Made Policies
If any coverage required is written on a claims-made coverage form:

1. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.

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

3. If coverage is cancelled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.

4. A copy of the claims reporting requirements must be submitted to the City of Watsonville for review.

5. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.

Umbrella or Excess Policies
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City of Watsonville.

Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss.

Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Watsonville for all work performed by the Contractor, its employees, agents and subcontractors.

Docusign Envelope ID: BCBFDBF6-65A8-4B15-9BFF-D92B39D47CCC

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Verification of Coverage
Contractor shall furnish the City of Watsonville with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City of Watsonville before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Watsonville reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City of Watsonville reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all requirements stated herein, and Contractor shall ensure that City of Watsonville is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.

Duration of Coverage
CGL & Excess liability policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

Special Risks or Circumstances
City of Watsonville reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.

Certificate Holder Address
The address for mailing certificates, endorsements and notices shall be:

City of Watsonville
Its Officers, Officials, Employees and Volunteers
275 Main Street, 4th Floor – City Manager’s Office
Watsonville, CA 95076
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1 CITY COUNCIL AGENDA REPORT
MEETING DATE: Tuesday, June 24, 2025
TO: CITY COUNCIL
WRITTEN BY: WASTEWATER DIVISION MANAGER TELLEZ
RECOMMENDED BY: PUBLIC WORKS & UTILITIES DIRECTOR LINDBERG APPROVED BY: TAMARA VIDES, CITY MANAGER
SUBJECT: AUTHORIZATION TO AMEND CONTRACT NO. 3058 WITH POLYDYNE, INC. FOR POLYMER CHEMICALS - INCREASE OF $100,000
RECOMMENDATION:

It is recommended that the City Council adopt a resolution approving a First Amendment to the Contract with Polydyne, Inc., dba SNF Polydyne, Inc., increasing the not-to-exceed amount by $100,000 for a total of $672,000 for the continued supply and delivery of flocculant polymer chemicals used in the Wastewater Treatment and Water Recycling Facilities; and authorizing the City Manager to execute the amendment.

Funding is available from the Levy Embankment Stabilization Fund.

BACKGROUND:

On April 9, 2024, the City Council approved Resolution No. 53-24 (CM), authorizing a sole source contract with Polydyne, Inc., dba SNF Polydyne, Inc., for the supply and delivery of flocculant polymer chemicals in the amount not to exceed $572,000 for FY 2024-2025. The polymers are used in daily operations for both the Wastewater Treatment Plant and the Recycled Water Facility.

DISCUSSION:

Operational demands have increased due to greater recycled water production and process loading. To ensure uninterrupted service and maintain regulatory compliance, an additional $100,000 is required to meet polymer usage through the end of FY 2024-2025. This amendment does not change the scope of work but increases the contract amount to accommodate chemical needs. Polydyne remains the sole supplier capable of meeting the City’s technical and operational requirements.

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2 CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION:

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.

STRATEGIC PLAN:

This action supports the Strategic Plan goals of:

Infrastructure & Environment and Efficient
Well-performing Government by ensuring reliable treatment processes.

FINANCIAL IMPACT:

The total revised contract amount is $672,000 for FY 2024-2025. This includes the original contract amount of $572,000 and an additional $100,000 and split between wastewater account in the amount of $22,000 and recycle water account in the amount of $78,000. A transfer in the amount of $100,000 is requested, funding is available and budgeted under Levy Embankment Stabilization Fund, account #710- 911-7855-14795 and should be transferred into Recycle Water account #710-532-7551.

ALTERNATIVE ACTION:

The Council may choose not to approve the contract amendment. However, this may result in operational interruptions due to insufficient polymer supply, potentially affecting water quality compliance and recycled water output.

ATTACHMENTS AND/OR REFERENCES (IF ANY):

None.

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1 Reso No. ______ (CM)
Reference: Reso No. 53-24 (Amend)
Meeting Date: 062425 SWZ ______ TV ______ PWU ______
RESOLUTION NO. (CM)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WATSONVILLE

APPROVING A FIRST AMENDMENT TO THE CONTRACT WITH
POLYDYNE, INC., DBA SNF POLYDYNE, INC., FOR THE PURCHASE AND

DELIVERY OF POLYMER CHEMICALS USED IN WASTEWATER

TREATMENT AND RECYCLED WATER PRODUCTION, INCREASING THE CONTRACT AMOUNT BY $100,000 FOR A TOTAL AMOUNT NOT TO
EXCEED $672,000 FOR FY 2024-2025; AUTHORIZING BUDGET

TRANSFER FROM THE LEVY EMBANKMENT STABILIZATION FUND TO RECYCLE WATER ACCOUNT #710-532-7551; AND AUTHORIZING AND

DIRECTING THE CITY MANAGER TO EXECUTE SAME (FUNDED FROM

THE WASTEWATER ENTERPRISE FUND)
WHEREAS, on April 9, 2024, the City Council adopted Resolution No. 53-24 (CM), approving a contract with Polydyne, Inc., dba SNF Polydyne, Inc., for the purchase and delivery of polymer chemicals used in Wastewater Treatment and Recycled Water Production in an amount not to exceed $572,000 for FY 2024-2025; and
WHEREAS, operational requirements have increased demand for flocculant polymers at the Wastewater Treatment and Water Recycling Facilities; and WHEREAS, an increase of $100,000 is necessary to ensure an uninterrupted supply of polymers and maintain compliance with effluent quality standards; and WHEREAS, this purchase continues to meet the criteria of a sole source procurement under WMC § 3-5.210(c), as the polymer is a proprietary product already in use at the facility and not interchangeable with other formulations.

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

1. That this project continues to be exempt from the requirements of CEQA, as it does not constitute a “project” under CEQA Guidelines Section 15378.

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2 Reso No. (CM)
Reference: Reso No. 53-24 (Amend)
Meeting Date: 062425

2. That the City Council hereby authorizes a First Amendment to the existing Contract with Polydyne, Inc., dba SNF Polydyne, Inc., to increase the total contract amount by $100,000, for a revised not-to-exceed total of $672,000 for FY 2024-2025.

3. That the City Council approve a budget transfer in the amount of $100,000 from the Levy Embankment Stabilization Fund to Recycle Water account #710-532- 7551.

4. That the City Manager is hereby authorized and directed to execute said Amendment on behalf of the City of Watsonville, with minor revisions that may be approved by the City Manager and City Attorney.
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1 FIRST AMENDMENT TO CONSULTANT SERVICES CONTRACT

BETWEEN THE CITY OF WATSONVILLE
AND POLYDYNE, INC. DBA SNF POLYDYNE, INC.

THIS FIRST AMENDMENT TO CONTRACT for consultant services is entered into by and between the City of Watsonville ("City") and Polydyne, Inc. dba SNF Polydyne, Inc., (“Consultant”) this day of ________________________. The City and Consultant agree as follows:

RECITALS
WHEREAS, City and Consultant have previously executed a Consultant Services Contract to revise the purchase and delivery of Polymer Chemicals used in Wastewater Treatment and recycled water production, dated July 9, 2024; and WHEREAS, the original contract was in the amount of $572,000 with an expiration date of June 30, 2025; and
WHEREAS, subdivision (c) of § 3-5.210 of the City of Watsonville Municipal Code exempts certain purchases from the standard bidding process. Specifically, it allows for sole-source purchase when equipment, supplies or nonprofessional services are either uniformly adopted or standardized within the City, are available only from one source, or are needed to match existing equipment; and
WHEREAS, the First Amendment of the Contract for Consultant Services is in the best interest of the City of Watsonville.

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

Section 4 is hereby amended to read:

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2 “Section 4 and Exhibit "C" both entitled "Compensation" of the Contract, are hereby amended to provide an additional amount of compensation of One Hundred Thousand Dollars ($100,000) for professional services.

All other terms and conditions of the Contract dated July 1, 2024, 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.

CITY OF WATSONVILLE POLYDYNE, INC
By___________________________ By______________________________ Tamara Vides, City Manager Boyd Stanley, Sr. Vice-President

ATTEST:

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

By____________________________
Samantha W. Zutler, City Attorney
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1 CITY COUNCIL AGENDA REPORT
MEETING DATE: Tuesday, June 24, 2025
TO: CITY COUNCIL
WRITTEN BY: WASTEWATER MANAGER TELLEZ
RECOMMENDED BY: PUBLIC WORKS & UTILITIES DIRECTOR LINDBERG APPROVED BY: TAMARA VIDES, CITY MANAGER
SUBJECT: BULK CHEMICAL CONTRACT FOR ALUMINUM SULFATE USED IN WATER RECYCLING FOR FISCAL YEAR 2025-2026
RECOMMENDATION:

Adopt a resolution approving a contract with Chemtrade Chemicals US LLC for the purchase of liquid aluminum sulfate, in an amount not to exceed $410,000 for Fiscal Year 2025-2026, and directing the City Manager to execute the contract.

BACKGROUND:

Various chemicals in bulk quantities are used in wastewater treatment processes; and liquid aluminum sulfate (“alum”) is one such chemical used to make recycled water. The contract with the current vendor supplying alum expires at the end of the current fiscal year and a new contract must be established to ensure uninterrupted supply of this chemical.

DISCUSSION:

Section 3-5.400 of the Municipal Code requires purchases of supplies estimated to cost over $100,000.00 be made pursuant to Article 3 commencing with 3-5.400 through a formal bidding process.

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2 Section 3-5.210 exempts certain purchases from competitive bidding. Subdivision (e) exempts purchase made cooperatively with one (1) or more other units of government through cooperative purchasing programs substantially the same as the City of Watsonville. Subdivision (f) exempts purchases when in the opinion of the Purchasing Office the supplies are available from a vendor who has been selected as the lowest bidder within the prior twelve months by another public entity using competitive bidding procedures substantially the same as those used by the City for the acquisition of such equipment or supplies (sometimes called “piggybacking”)
Watsonville is a member of the Bay Area Chemical Consortium (“BACC”) BACC is an informal cooperative of over sixty public agencies that advertises and opens sealed competitive bids and then prepares bid recommendations. Once bids are opened, participating public agencies enter into their own contracts with the lowest responsive bidder. The purpose of BACC is to obtain the best possible price for chemicals through joint (bulk) purchasing.

Bids were issued by BACC on January 24, 2025, on PlanetBids.com, and a single bid for the South Bay Region was received on or before the February 20th due date as follows:

After reviewing the bids, it is recommended to award a contract to Chemtrade because its bid was the lowest.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) DETERMINATION:

CEQA does not apply to this agreement
STRATEGIC PLAN:

This Contract is consistent with the Strategic Plan Priority:
2 - Infrastructure & Environment
FINANCIAL IMPACT:

Funds for this contract will be available in the Fiscal Year 2025-2026 Wastewater Utility Enterprise Water Recycling Operation and Maintenance budget, account code 0710-532-7551. These expenses are reimbursed by the Pajaro Valley Water Management Agency (PVWMA) on a quarterly basis.

ALTERNATIVE ACTION:

The City Council could elect to issue its own request for proposals (RFP) for the procurement of alum.

However, the alternative would likely not result in a lower bid.

ATTACHMENTS AND/OR REFERENCES (IF ANY):

None.

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Reso No. (CM)
Meeting Date: 062425 SWZ ______ TV ______ PWU ______
1 RESOLUTION NO.__________ (CM)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

WATSONVILLE AWARDING CONTRACT TO CHEMTRADE CHEMICALS

US LLC, A LIMITED LIABILITY COMPANY, FOR PURCHASE AND

DELIVERY OF ALUMINUM SULFATE USED IN WASTEWATER
TREATMENT PROCESSES, IN AN AMOUNT $410,000 FOR FY 2025- 2026; AND AUTHORIZING AND DIRECTING THE CITY MANAGERTO

EXECUTE SAME
WHEREAS, bidding requirements for the purchase of supplies, equipment and nonpersonal contractual service and the sale of personal property are set forth in Chapter 5 of Title 3 of the Watsonville Municipal code; and
WHEREAS, subdivision (f) § 3-5.210 exempts purchases when the supplies are available from a vendor who has been selected as the lowest bidder within the prior twelve (12) months by another public entity using competitive bidding procedures substantially the same as the City; and
WHEREAS, the City of Watsonville is a member of the Bay Area Chemical Consortium (BACC); and
WHEREAS, the purpose of the consortium is to obtain the best possible price for chemicals through joint purchasing; and
WHEREAS, Chemtrade Chemicals US LLC, was determined to be the lowest responsive bid by the BACC for the supply and delivery of Aluminum Sulfate; and WHEREAS, the City Manger has recommended that the proposal form Chemtrade Chemicals US LLC, in an amount not to exceed $410,000, be accepted as the best response.

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: 062425
2 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 awarding contract to Chemtrade Chemicals US LLC, for the Purchase and Delivery of Aluminum Sulfate 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. This purchase is exempt from the purchasing procedures of Chapter 5 of Title 3 of the Watsonville Municipal code as a purchase available from a vendor who has been selected as the lowest bidder by another public entity using competitive bidding procedures substantially the same as the City for the acquisition of such supplies within the prior twelve months under subdivision (f) § 3-5.10 of the Municipal Code.

3. That the purchase of Aluminum Sulfate from Chemtrade Chemicals US LLC, a limited liability company, in an amount not to exceed $410,000 for FY 2025-2026, is hereby authorized.

4. That the Contract for Consultant Services between the City of Watsonville and Chemtrade Chemicals US LLC, 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 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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C:\Users\desiree.moya\Desktop\Chemtrade Chemicals - Aluminum Sulfate - New Contract #\Agreement - Chemtrade Cdhemiclas - Aluminum Sulfate.doc
5/30/2025 9:35:54 AM

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CONTRACT FOR CONSULTANT SERVICES BETWEEN

THE CITY OF WATSONVILLE AND CHEMTRADE CHEMICALS US LLC
THIS CONTRACT, is made and entered into this , by and
between the City of Watsonville, a municipal corporation, hereinafter called "City," and Chemtrade Chemicals US LLC, 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 1, 2025 to June 30, 2026, 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 $410,000.

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 Docusign Envelope ID: 572CE5BE-DD88-47C3-BDDF-B728C230F376

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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.

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.

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

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 Docusign Envelope ID: 572CE5BE-DD88-47C3-BDDF-B728C230F376

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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
Chemtrade Chemicals US LLC
90 East Halsey Road, Suite 200
Parsippany, NJ 07054
(866) 640-1592
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 ______________________________
Tamara Vides, City Manager
ATTEST:

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

BY ______________________________
Samantha W. Zutler, City Attorney

CONSULTANT
BY_________________________________
Elizabeth Ryno, Bid Specialist
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EXHIBIT "A"

SCOPE OF SERVICES
Supply and Delivery of Aluminum Sulfate to the Wastewater Treatment Facility • See attached award labeled Exhibit “A”
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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 ____$410,000____________________.
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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PO Box 24055, MS 702 • Oakland, CA 94623 • www.bacwa.org Central Contra Costa Sanitary District • East Bay Dischargers Authority • City of San Jose • East Bay Municipal Utility District • City & County of San Francisco March 17, 2025
Chemtrade Chemicals US LLC
Attn: Elizabeth Ryno
90 East Halsey Road, Suite 200
Parsippany, NJ 07054
RE: Award Contract in Response to Bay Area Chemical Consortium (BACC) Bid No. 01-2025 for Supply and Delivery of ALUMINUM SULFATE.

Dear Ms. Ryno
We are pleased to advise you that the bid submitted by Chemtrade Chemicals US LLC for Bid No. 01-2025 was determined to be the lowest responsive bid for the supply and delivery of ALUMINUM SULFATE during the period July 1, 2025 through June 30, 2026.

The participating BACC Agencies should be contacting you shortly to discuss entering into contracts with Chemtrade Chemicals US LLC for their respective facilities.

Bay Area Chemical Consortium sincerely appreciates your efforts and participation in the competitive bid process.

If you have any questions, please free to contact me at [email protected] Sincerely,
Jennifer Dyment
Assistant Executive Director
BACWA.org
as Coordinating Agency for the Bay Area Chemical Consortium EXHIBIT "A"
PG. 1 OF 2
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Bay Area Clean Water Agencies
Bay Area Clean Water Agencies
Bid Results for Project 01-2025 ALUMINUM SULFATE
Bid Due on February 20, 2025 4:00 PM (PDT)

SINGLE BID AWARD
Section
Description Central Valley East Bay North Bay Sacramento South Bay Tri Valley Unit of Measure gal gal gal gal gal gal
Chemtrade Chemicals, LLC US 0.9328 0.9328 0.9328 0.8702 1.1068 0.9328 ALUMINUM SULFATE 44%-49% Liquid Solution
WXHIBIT "A"'
PG. 2 OF 2
Docusign Envelope ID: 572CE5BE-DD88-47C3-BDDF-B728C230F376

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1 CITY COUNCIL AGENDA REPORT
MEETING DATE: Tuesday, June 24, 2025
TO: CITY COUNCIL
WRITTEN BY: WASTEWATER DIVISION MANAGER TELLEZ
RECOMMENDED BY: PUBLIC WORKS & UTILITIES DIRECTOR LINDBERG APPROVED BY: TAMARA VIDES, CITY MANAGER
SUBJECT: BULK CHEMICAL CONTRACT FOR FERRIC CHLORIDE USED IN WASTEWATER TREATMENT FOR FISCAL YEAR 2025-2026
RECOMMENDATION:

Adopt a resolution approving a contract with Pencco, Inc., in the amount of $275,000 for ferric chloride used in wastewater treatment for Fiscal Year 2025-2026; and directing the City Manager to execute the contract.

BACKGROUND:

Various chemicals in bulk quantities are used in wastewater treatment processes, and ferric chloride is one such chemical. The contract with the current vendor expires at the end of this fiscal year and a new contract must be established to ensure an uninterrupted supply of this chemical DISCUSSION:

Proper wastewater treatment practices protect Watsonville’s public health and environment and ensure the City’s obligations under its many environmental permits. Various chemicals in bulk quantities are used in wastewater treatment processes, and ferric chloride (“ferric”) is one such chemical. Ferric is used to control hydrogen sulfide concentrations in anaerobic digester biogas within allowable limits prescribed by the Monterey Bay Air Resources District. The current contract with Kemira Water Solutions, Inc. (“Kemira”) expires at the end of this fiscal year. A new contract must be approved to ensure an uninterrupted supply of this chemical. Section 3-5.400 of the Municipal Code requires purchases of supplies estimated to cost over $100,000.00 be made pursuant to Article 3 commencing with § 3-5.400 through the formal bid process. Section 3-5.210 exempts certain purchases from competitive bidding.

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2 Subdivision (e) exempts purchases made cooperatively with one (1) or more other units of government through cooperative purchasing programs substantially the same as the City of Watsonville. Subdivision (f) exempts purchases when in the opinion of the Purchasing Officer the supplies are available from a vendor who has been selected as the lowest bidder within the prior twelve months by another public entity using competitive bidding procedures substantially the same as those used by the City for the acquisition of such equipment or supplies (sometimes called “piggybacking”).

Watsonville is a member of the Bay Area Chemical Consortium (“BACC”). BACC is an informal cooperative of over sixty public agencies that advertises and opens sealed competitive bids and then prepares bid recommendations. Once bids are opened, participating public agencies enter into their own contracts with the lowest responsive bidder. The purpose of BACC is to obtain the best possible price for chemicals through joint (bulk) purchasing.

Bids were issued by BACC on January 24, 2025 on PlanetBids.com, and a single bid for the South Bay Region was received on or before the February 20 due date as follows:

After review of the bids, it is recommended to award a contract to Pencco, Inc. because its bid was the one provided.

STRATEGIC PLAN:

This contract is consistent with the Strategic Plan Priority:
2 – Infrastructure & Environment
FINANCIAL IMPACT:

Funds for this contract will be available in the Fiscal Year 2025-2026 Wastewater Utility Enterprise budget, account code 0710-530-7551
ALTERNATIVE ACTION:

The City Council could elect to issue its own request for proposals (RFP) for the procurement of ferric chloride. However, the alternative would likely not result in a lower bid ATTACHMENTS AND/OR REFERENCES (IF ANY):

None.

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Reso No. (CM)
Meeting Date: 062425 SWZ ______ TV ______ PWU ______
1 RESOLUTION NO.__________ (CM)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE APPROVING CONTRACT WITH PENCCO, INC., A

CORPORATION, FOR THE PURCHASE AND DELIVERY OF FERRIC

CHLORIDE USED IN WASTEWATER TREATMENT PROCESSES, IN
THE AMOUNT NOT TO EXCEED $275,000 FOR FY 2025-2026; AND

DIRECTING THE CITY MANAGER TO EXECUTE SAME (FUNDED

FROM THE WASTEWATER ENTERPRISE FUND)
WHEREAS,, bidding requirements for the purchase of supplies, equipment and non-personal contractual service and the sale of personal property are set forth in Chapter 5 of the Title 3 of the Municipal Code; and
WHEREAS, subdivision (f) of § 3-5.210 exempts purchases when the supplies are available from a vendor who has been selected as the lowest bidder within the prior twelve (12) months by another public entity using competitive bidding procedures substantially the same as the City; and
WHEREAS, the City of Watsonville is a member of the Bay Area Chemical Consortium (BACC); and
WHEREAS, the purpose of the consortium is to obtain the best possible price for chemicals through joint purchasing; and
WHEREAS, Pencco, Inc., was determined to be the lowest responsive bid by the BACC for the supply and delivery of Ferric Chloride; and WHEREAS, the City Manager has recommended that the proposal from Pencco, Inc., in an amount not to exceed $275,000, be accepted as the best response.

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

1. Adopting a Resolution approving a Contract for the purchase of Ferric Chloride does not meet CEQA's definition of a “project,” because the action does not have

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Reso No. (CM)
Meeting Date: 062425
2 the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.

2. This purchase is exempt from the purchasing procedures of Chapter 5 of Title 3 of the Municipal Code as a purchase available from a vendor who has been selected as the lowest bidder by another public entity using competitive bidding procedures substantially the same as the City for the acquisition of such supplies within the prior twelve months under subdivision (f) § 3-5.210 of the Municipal Code

3. That the purchase of Ferric Chloride from Pencco, Inc., a corporation, in an amount not to exceed $275,000 for FY 2025-2026, is hereby authorized.

4. That the Contract for Consultant Services between the City of Watsonville and Pencco, Inc., for the purchase of Ferric Chloride used in wastewater treatment processes, commencing on July 1, 2025, and ending June 30, 2026, in an amount not to exceed $275,000, a copy of which Contract is attached hereto and incorporated herein by this reference, is hereby approved.

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

THIS CONTRACT, is made and entered into this , by and
between the City of Watsonville, a municipal corporation, hereinafter called "City," and Pencco, 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 2. TERM OF CONTRACT. The term of this Contract shall be from July 1, 2025 to June 30, 2026, inclusive.

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SECTION 9. INSURANCE.

Docusign Envelope ID: 2F009BE8-3AE5-4752-9368-EE297225B4A7

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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.

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

Docusign Envelope ID: 2F009BE8-3AE5-4752-9368-EE297225B4A7

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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 19. CONFLICT OF INTEREST.

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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 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
Pencco, Inc.

PO Box 600
San Felipe, TX 77473
(979) 885-0005
SECTION 22. EXHIBITS:

Exhibit A: Scope of Services
Exhibit B: Schedule of Performance
Exhibit C: Compensation
///
///
///
///
Docusign Envelope ID: 2F009BE8-3AE5-4752-9368-EE297225B4A7

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

CITY

CITY OF WATSONVILLE
BY ______________________________
Tamara Vides, City Manager
ATTEST:

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

BY ______________________________
Samantha W. Zutler, City Attorney

CONSULTANT
BY_________________________________
Sarah Duffy, Bid Director
Docusign Envelope ID: 2F009BE8-3AE5-4752-9368-EE297225B4A7

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EXHIBIT "A"

SCOPE OF SERVICES
Supply and Delivery of Ferric Chloride to Water Resources Center • See attached award letter labeled EXHIBIT “A”
Docusign Envelope ID: 2F009BE8-3AE5-4752-9368-EE297225B4A7

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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 ___$275,000______.
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.

Docusign Envelope ID: 2F009BE8-3AE5-4752-9368-EE297225B4A7

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Attn: Sarah Duffy
PO Box 600
San Felipe, TX 77473
RE: Award Contract in Response to Bay Area Chemical Consortium (BACC) Bid No. 06-2025 for Supply and Delivery of FERRIC CHLORIDE.

Dear Ms. Duffy,
We are pleased to advise you that the bid submitted by Pencco, Inc. for Bid No. 06-2025, was determined to be the lowest responsive bid for the supply and delivery of FERRIC CHLORIDE during the period July 1, 2025 through June 30, 2026.

The participating BACC Agencies should be contacting you shortly to discuss entering into contracts with Pencco, Inc. for their respective facilities.

Bay Area Chemical Consortium sincerely appreciates your efforts and participation in the competitive bid process.

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Bid Results for Project 06-2025 FERRIC CHLORIDE
Bid Due on February 20, 2025 4:00 PM (PDT)

SINGLE BID AWARD
Section
Description Central Valley East Bay Marin Sonoma Napa North Bay Peninsula Sacramento South Bay Tri Valley Unit of Measure dry ton dry ton dry ton dry ton dry ton dry ton dry ton dry ton Pencco, Inc 1,480.0000 1,400.0000 1,583.0000 1,583.0000 1,509.0000 1,509.0000 1,500.0000 1,500.0000

FERRIC CHLORIDE
EXHIBIT "A"
PG. 2 OF 2
Docusign Envelope ID: 2F009BE8-3AE5-4752-9368-EE297225B4A7

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1 CITY COUNCIL AGENDA REPORT
MEETING DATE: Tuesday, June 24, 2025
TO: CITY COUNCIL
WRITTEN BY: WASTEWATER DIVISION MANAGER TELLEZ
RECOMMENDED BY: PUBLIC WORKS & UTILITIES DIRECTOR LINDBERG APPROVED BY: TAMARA VIDES, CITY MANAGER
SUBJECT: BULK CHEMICAL CONTRACT FOR SODIUM HYPOCHLORITE USED IN WATER RECYCLING FOR FISCAL YEAR 2025-2026
RECOMMENDATION:

Adopt a resolution approving a contract with Univar Solutions USA LLC for the purchase of sodium hypochlorite used in wastewater treatment processes, in the amount of $225,000 for Fiscal Year 2025- 2026; and direct the City Manager to execute the contract.

BACKGROUND:

Various chemicals in bulk quantities are used in wastewater treatment processes, and sodium hypochlorite (“hypochlorite”) is one such chemical used to make recycled water. The contract with the current vendor supplying hypochlorite expires at the end of the current fiscal year and a new contract must be established to ensure uninterrupted supply of this chemical.

DISCUSSION:

Proper wastewater treatment practices protect Watsonville’s public health and environment and ensure the City’s obligations under its many environmental permits. Various chemicals in bulk quantities are used in wastewater treatment processes, and hypochlorite is one such chemical. Hypochlorite is used to clean the disc filters at the Recycled Water Facility, and to maintain a slight chlorine residual in the treated water delivered to the Pajaro Valley Water Management Agency (PVWMA). The current contract with Univar Solutions, USA LLC. expires at the end of this fiscal year. A new contract must be approved to ensure an uninterrupted supply of this chemical.

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2 Section 3-5.400 of the Municipal Code requires purchases of supplies estimated to cost over $100,000.00 be made pursuant to Article 3 commencing with § 3-5.400 through a formal bidding process. Section 3-

5.210 exempts certain purchases from competitive bidding. Subdivision (e) exempts purchases made cooperatively with one (1) or more other units of government through cooperative purchasing programs substantially same as the City of Watsonville. Subdivision (f) exempts purchases when in the opinion of the Purchasing Officer the supplies are available from a vendor who has been selected as the lowest bidder within the prior twelve months by another public entity using competitive bidding procedures substantially the same as those used by the City for the acquisition of such equipment or supplies (sometimes called “piggybacking”).

Watsonville is a member of the Bay Area Chemical Consortium (“BACC”). BACC is an informal cooperative of over sixty public agencies that advertises and opens sealed competitive bids and then prepares bid recommendations. Once bids are opened, participating public agencies enter their own contracts with the lowest responsive bidder. The purpose of BACC is to obtain the best possible price for chemicals through joint (bulk) purchasing.

Bids were issued by BACC on January 24,2025 on PlanetBids.com. A regional bid was received on or before the February 20 due date for supply and delivery of SODIUM HYPOCHLORITE 12.5% in the Central Valley, East Bay, Marin, Sonoma, Napa, North Bay, Peninsula, South Bay, and Tri Valley regions.

1. Univar Solutions USA LLC. 3.2900 gal (South Bay pricing) After review of the bids, it is recommended to award a contract to Univar Solutions USA LLC because it was determined to be the lowest responsive bid for the supply and delivery.

STRATEGIC PLAN:

This contract is consistent with Strategic Plan Priority:
2 – Infrastructure & Environment
FINANCIAL IMPACT:

Funds for this contract will be available in the Fiscal Year 2025-2026 Wastewater Utility Enterprise, Water Recycling Operations and Maintenance budget, account code 0710-532-7551. These expenses are reimbursed by the PVWMA on a quarterly basis.

ALTERNATIVE ACTION:

The City Council could elect to issue its own request for proposals (RFP) for the procurement of sodium hypochlorite. However, the alternative would likely not result in a lower bid.

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3 ATTACHMENTS AND/OR REFERENCES (IF ANY):

None.

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Reso No. (CM)
Meeting Date: 062425 SWZ ______ TV ______ PWU ______
1 RESOLUTION NO.__________ (CM)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

WATSONVILLE APPROVING CONTRACT WITH UNIVAR SOLUTIONS

USA LLC, A LIMITED LIABILITY COMPANY, FOR THE PURCHASE AND

DELIVERY OF SODIUM HYPOCHLORITE USED IN WASTEWATER

TREATMENT PROCESSES, IN THE AMOUNT NOT TO EXCEED
$225,000 FOR FY 2025-2026; AND DIRECTING THE CITY MANAGER

TO EXECUTE SAME (FUNDED FROM THE WASTEWATER

ENTERPRISE FUND
WHEREAS, bidding requirements for the purchase of supplies, equipment and non-personal contractual service and the sale of personal property are set forth in Chapter 5 of the Title 3 of the Municipal Code; and
WHEREAS, subdivision (f) of § 3-5.210 exempts purchases when the supplies are available from a vendor who has been selected as the lowest bidder within the prior twelve (12) months by another public entity using competitive bidding procedures substantially the same as the City; and
WHEREAS, the City of Watsonville is a member of the Bay Area Chemical Consortium (BACC); and
WHEREAS, the purpose of the consortium is to obtain the best possible price for chemicals through joint purchasing; and
WHEREAS, Univar Solutions USA LLC, was determined to be the lowest responsive bid by the BACC for the supply and delivery of Sodium Hypochlorite; and WHEREAS, the City Manager has recommended that the proposal from Univar Solutions USA LLC, in an amount not to exceed $225,000, be accepted as the best response.

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: 062425
2 1. Adopting a Resolution approving a Contract for the purchase of Sodium Hypochlorite 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. This purchase is exempt from the purchasing procedures of Chapter 5 of Title 3 of the Watsonville Municipal Code as a purchase available from a vendor who has been selected as the lowest bidder by another public entity using competitive bidding procedures substantially the same as the City for the acquisition of such supplies within the prior twelve months under subdivision (f) § 3-5.210 of the Municipal Code

3. That the purchase of Sodium Hypochlorite from Univar Solutions USA LLC, a limited liability company, in an amount not to exceed $225,000 for FY 2025-2026, is hereby authorized.

4. That the Contract for Consultant Services between the City of Watsonville and Univar Solutions USA LLC, for the purchase of Sodium Hypochlorite used in wastewater treatment processes, commencing on July 1, 2025, and ending June 30, 2026, in an amount not to exceed $225,000, a copy of which Contract is attached hereto and incorporated herein by this reference, is hereby approved.

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CONTRACT FOR CONSULTANT SERVICES BETWEEN
THE CITY OF WATSONVILLE AND UNIVAR SOLUTIONS USA LLC.

THIS CONTRACT, is made and entered into this , by and
between the City of Watsonville, a municipal corporation, hereinafter called "City," and Univar Solutions USA LLC, 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 2. TERM OF CONTRACT. The term of this Contract shall be from July 1, 2025 to June 30, 2026, inclusive.

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SECTION 9. INSURANCE.

Docusign Envelope ID: 836CB39F-6F66-4F5D-BA86-30209C996909

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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.

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

Docusign Envelope ID: 836CB39F-6F66-4F5D-BA86-30209C996909

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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 19. CONFLICT OF INTEREST.

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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 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
Univar Solutions USA LLC
3075 Highland Parkway, Suite 200
Downers Grove, IL 605-5560
(253) 872-5040
SECTION 22. EXHIBITS:

Exhibit A: Scope of Services
Exhibit B: Schedule of Performance
Exhibit C: Compensation
///
///
///
///
Docusign Envelope ID: 836CB39F-6F66-4F5D-BA86-30209C996909

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

CITY

CITY OF WATSONVILLE
BY ______________________________
Tamara Vides, City Manager
ATTEST:

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

BY ______________________________
Samantha W. Zutler, City Attorney

CONSULTANT
BY_________________________________
Joe Serna, Global Vice President
Docusign Envelope ID: 836CB39F-6F66-4F5D-BA86-30209C996909

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EXHIBIT "A"

SCOPE OF SERVICES
Supply and Delivery of Sodium Hypochlorite to Water Resource Center • See attached award labeled Exhibit “A”
Docusign Envelope ID: 836CB39F-6F66-4F5D-BA86-30209C996909

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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 ____$225,000_______________________.
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.

Docusign Envelope ID: 836CB39F-6F66-4F5D-BA86-30209C996909

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Kent, WA 89032
RE: Regional Award Contract in Response to Bay Area Chemical Consortium (BACC) Bid No. 13- 2025 for Supply and Delivery of SODIUM HYPOCHLORITE 12.5% in the Central Valley, East Bay, Marin Sonoma Napa, North Bay, Peninsula, South Bay and Tri Valley regions.

Dear Ms. Perras,
We are pleased to advise you that the bid submitted by Univar Solutions USA LLC. for Bid No. 13-2025 was determined to be the lowest responsive bid for the supply and delivery of SODIUM HYPOCHLORITE 12.5% in the Central Valley, East Bay, Marin Sonoma Napa, North Bay, Peninsula, South Bay and Tri Valley regions during the period July 1, 2025 through June 30, 2026.

The participating BACC Agencies from the above regions should be contacting you shortly to discuss entering into contracts with Univar Solutions USA LLC. for their respective facilities.

Bay Area Chemical Consortium sincerely appreciates your efforts and participation in the competitive bid process.

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Bay Area Clean Water Agencies
Bid Results for Project 13-2025 SODIUM HYPOCHLORITE 12.5% Bid Due on February 20, 2025 4:00 PM (PDT)

REGIONAL BID AWARD
Section
Sodium Hypochlorite

12.5% In Carboys
(OPTIONAL BID ITEM)
SODIUM

HYPOCHLORITE

5.25% (Optional
bid item)
Description Central Valley East Bay
Marin Sonoma
Napa North Bay Peninsula Sacramento South Bay Tri Valley Central Valley North Bay Marin Sonoma Napa Sacramento Unit of Measure gal gal gal gal gal gal gal gal gal gal gal gal Univar Solutions USA LLC. 3.2900 3.2700 3.2900 3.2500 3.3200 3.4100 3.2900 3.3100 no bid no bid SODIUM HYPOCHLORITE 12.5%
SODIUM HYPOCHLORITE 12.5% In
275-gal totes (Optional bid item)
EXHIBIT "A"
PG. 2 OF 2
Docusign Envelope ID: 836CB39F-6F66-4F5D-BA86-30209C996909

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Watsonville City CouncilJune 24, 2025

Watsonville City Council
June 24, 2025