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Agreements - Ross Recreation Equipment, Inc. - Contract No. 25PW0068 - Signed: 6/9/25
City of Gilroy Agreement/Contract Tracking Today’s Date: June 30, 2025 Your Name: Sheila Castillo Contract Type: Services over $5k - Contractor - ENG OR DESIGN Phone Number: 408-846-0569 Contract Effective Date: (Date contract goes into effect) 6/9/2025 Contract Expiration Date: 12/9/2025 Contractor / Consultant Name: (if an individual’s name, format as last name, first name) Ross Recreation Equipment, Inc. Contract Subject: (no more than 100 characters) Design, engineer and install shade structures (2) at Hecker Pass Park Contract Amount: (Total Amount of contract. If no amount, leave blank) 112497 By submitting this form, I confirm this information is complete: Date of Contract Contractor/Consultant name and complete address Terms of the agreement (start date, completion date or “until project completion”, cap of compensation to be paid) Scope of Services, Terms of Payment, Milestone Schedule and exhibit(s) attached Taxpayer ID or Social Security # and Contractors License # if applicable Contractor/Consultant signer’s name and title City Administrator or Department Head Name, City Clerk (Attest), City Attorney (Approved as to Form) Routing Steps for Electronic Signature Risk Manager City Attorney Approval As to Form City Administrator or Department Head City Clerk Attestation Docusign Envelope ID: 6F48D4E9-7700-4170-B4F9-409677629096 TYPE OF PROCURMENT DOLLAR THRESHOLD / SIGNING AUTHORITY STAFF LEVEL DEPARTMENT HEAD CITY ADMINISTRATOR COUNCIL APPROVAL $0-$999.99 $1,000-$49,999.99 $50,000-$99,999.99 $100,000-Above EQUIPMENT /SUPPLIES/ MATERIALS Furniture, hoses, parts, pipe manholes, office supplies, fuel, tools, PPE items, etc… • Vendor selection at discretion of staff Payment Method Purchase Card or Payment Request (if vendor does not accept credit cards) • Informal bid/quotation – 3 quotes (verbal or written) • Purchasing Summary form w/ Purchasing Approval • Purchase Requisition Payment Method Purchase Order* • Informal bid/quotation – 3 written quotes • Purchasing Summary form w/ City Administrator Approval • Purchase Requisition Payment Method Purchase Order • Formal Bid • Advertisement • Council Approval • Purchase Requisition signed by City Administrator Payment Method Purchase Order GENERAL SERVICES Janitorial, landscape maintenance, equipment repair, installation, graffiti abatement, service inspections, uniform cleaning, etc… • Vendor selection at discretion of staff • May require insurance documents depending on scope/ nature of work Payment Method Purchase Card (if incorporated) Signed Payment Request (if so proprietor or partner) • Informal bid/quotation – 3 quotes (verbal or written) • Purchasing Summary form w/ Department Head Approval • Standard Agreement • Purchase Requisition Payment Method Purchase Order* • Informal Bid/RFP quotation – 3 written quotes • Purchasing Summary form w/ City Administrator Approval • Standard Agreement • Purchase Requisition Payment Method Purchase Order • Formal Bid/RFP/RFQ • Advertisement • Council Approval • Standard Agreement • Purchase Requisition Payment Method Purchase Order PROFESSIONAL SERVICES Consultants, architects, designers, auditors, etc... • Vendor selection at the discretion of staff • Purchase Summary Form w/ Purchasing Approval • Standard Agreement signed by Department Head • Purchase Requisition Payment Method Purchase Order • RFP/RFQ to at least 3 consultants • Purchase Summary Form w/ Department Head Approval • Standard Agreement • Purchase Requisition Payment Method Purchase Order • RFP/RFQ to a list of consultants • Evaluation Spreadsheet w/ City Administrator Approval • Standard Agreement • Purchase Requisition Payment Method Purchase Order • Formal RFP/RFQ • Advertisement • Council Approval • Standard Agreement signed by City Administrator • Purchase Requisition Payment Method Purchase Order Docusign Envelope ID: 6F48D4E9-7700-4170-B4F9-409677629096 -1- 4835-2267-0361v1 LAC\04706083 AGREEMENT FOR SERVICES (For contracts over $5,000 - CONTRACTOR) This AGREEMENT made this 2nd day of June, 2025, between: CITY: City of Gilroy, having a principal place of business at 7351 Rosanna Street, Gilroy, California and CONTRACTOR: Ross Recreation Equipment, Inc., having a principal place of business at 100 Brush Creek Road #206 Santa Rosa, CA 95404. ARTICLE 1. TERM OF AGREEMENT This Agreement will become effective on June 9, 2025 and will continue in effect through December 9, 2025 unless terminated in accordance with the provisions of Article 7 of this Agreement. Any lapse in insurance coverage as required by Article 5, Section D of this Agreement shall terminate this Agreement regardless of any other provision stated herein. ______ Initial ARTICLE 2. INDEPENDENT CONTRACTOR STATUS It is the express intention of the parties that CONTRACTOR is an independent contractor and not an employee, agent, joint venturer or partner of CITY. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between CITY and CONTRACTOR or any employee or agent of CONTRACTOR. Both parties acknowledge that CONTRACTOR is not an employee for state or federal tax purposes. CONTRACTOR shall not be entitled to any of the rights or benefits afforded to CITY’S employees, including, without limitation, disability or unemployment insurance, workers’ compensation, medical insurance, sick leave, retirement benefits or any other employment benefits. CONTRACTOR shall retain the right to perform services for others during the term of this Agreement. ARTICLE 3. SERVICES TO BE PERFORMED BY CONTRACTOR A. Specific Services CONTRACTOR agrees to: Perform the services as outlined in Exhibit “A”(“Specific Provisions”) and Exhibit “B” (“Scope of Services”), within the time periods described in Exhibit “C” (“Milestone Schedule”). B. Method of Performing Services CONTRACTOR shall determine the method, details and means of performing the above-described services. CITY shall have no right to, and shall not, control the manner or determine the method of accomplishing CONTRACTOR’S services. Docusign Envelope ID: 6F48D4E9-7700-4170-B4F9-409677629096 -2- 4835-2267-0361v1 LAC\04706083 C. Employment of Assistants CONTRACTOR may, at the CONTRACTOR’S own expense, employ such assistants as CONTRACTOR deems necessary to perform the services required of CONTRACTOR by this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 below. CITY may not control, direct, or supervise CONTRACTOR’S assistants in the performance of those services. CONTRACTOR assumes full and sole responsibility for the payment of all compensation and expenses of these assistants and for all state and federal income tax, unemployment insurance, Social Security, disability insurance and other applicable withholding. D. Place of Work CONTRACTOR shall perform the services required by this Agreement at any place or location and at such times as CONTRACTOR shall determine is necessary to properly and timely perform CONTRACTOR’S services. ARTICLE 4. COMPENSATION A. Consideration In consideration for the services to be performed by CONTRACTOR, CITY agrees to pay CONTRACTOR the amounts set forth in Exhibit “D” (“Payment Schedule”). In no event however shall the total compensation paid to CONTRACTOR exceed $112,497.00, plus 10% contingency. B. Invoices CONTRACTOR shall submit invoices for all services rendered. C. Payment Payment shall be due according to the payment schedule set forth in Exhibit “D”. No payment will be made unless CONTRACTOR has first provided City with a written receipt of invoice describing the work performed and any approved direct expenses (as provided for in Exhibit “A”, Section IV) incurred during the preceding period. If CITY objects to all or any portion of any invoice, CITY shall notify CONTRACTOR of the objection within thirty (30) days from receipt of the invoice, give reasons for the objection, and pay that portion of the invoice not in dispute. It shall not constitute a default or breach of this Agreement for CITY not to pay any invoiced amounts to which it has objected until the objection has been resolved by mutual agreement of the parties. D. Expenses CONTRACTOR shall be responsible for all costs and expenses incident to the performance of services for CITY, including but not limited to, all costs of equipment used or provided by CONTRACTOR, all fees, fines, licenses, bonds or taxes required of or imposed against CONTRACTOR and all other of CONTRACTOR’S costs of doing business. CITY shall not be Docusign Envelope ID: 6F48D4E9-7700-4170-B4F9-409677629096 -3- 4835-2267-0361v1 LAC\04706083 responsible for any expenses incurred by CONTRACTOR in performing services for CITY, except for those expenses constituting “direct expenses” referenced on Exhibit “A.” ARTICLE 5. OBLIGATIONS OF CONTRACTOR A. Tools and Instrumentalities CONTRACTOR shall supply all tools and instrumentalities required to perform the services under this Agreement at its sole cost and expense. CONTRACTOR is not required to purchase or rent any tools, equipment or services from CITY. B. Workers’ Compensation CONTRACTOR agrees to provide workers’ compensation insurance for CONTRACTOR’S employees and agents and agrees to hold harmless, defend with counsel acceptable to CITY and indemnify CITY, its officers, representatives, agents and employees from and against any and all claims, suits, damages, costs, fees, demands, causes of action, losses, liabilities and expenses, including without limitation reasonable attorneys’ fees, arising out of any injury, disability, or death of any of CONTRACTOR’S employees. C. Indemnification of Liability, Duty to Defend 1. To the fullest extent permitted by law, CONTRACTOR shall indemnify, hold harmless, and defend the CITY, its officers, , employees, agents, and representatives from and against any and all claims, demands, causes of action, suits, losses, liabilities, damages, judgments, and expenses (including reasonable attorneys’ fees and costs) arising out of or resulting from the negligent or wrongful acts or omissions of CONTRACTOR , its officers, employees, subcontractors, or agents in the performance of services under this Agreement. 2. This indemnity obligation shall not apply to the extent that such claim, loss, or liability is caused by the sole negligence or willful misconduct of the CITY. 3. For purposes of this section, “agents” and “representatives” of CONTRACTOR shall mean persons or entities acting on behalf of and under the direction or control of CONTRACTOR in connection with the services provided under this Agreement. D. Insurance In addition to any other obligations under this Agreement, CONTRACTOR shall, at no cost to CITY, obtain and maintain throughout the term of this Agreement: (a) Commercial Liability Insurance on a per occurrence basis, including coverage for owned and non-owned automobiles, with a minimum combined single limit coverage of $1,000,000 per occurrence for all damages due to bodily injury, sickness or disease, or death to any person, and damage to property, including the loss of use thereof; and (b) Professional Liability Insurance (Errors & Omissions) with a minimum coverage of $1,000,000 per occurrence or claim, and $2,000,000 aggregate; provided however, Professional Liability Insurance written on a claims made basis must comply with the requirements set forth below. Professional Liability Insurance written on a claims made basis (including without Docusign Envelope ID: 6F48D4E9-7700-4170-B4F9-409677629096 -4- 4835-2267-0361v1 LAC\04706083 limitation the initial policy obtained and all subsequent policies purchased as renewals or replacements) must show the retroactive date, and the retroactive date must be before the earlier of the effective date of the contract or the beginning of the contract work. Claims made Professional Liability Insurance must be maintained, and written evidence of insurance must be provided, for at least five (5) years after the completion of the contract work. If claims made coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the earlier of the effective date of the contract or the beginning of the contract work, CONTRACTOR must purchase so called “extended reporting” or “tail” coverage for a minimum of five (5) years after completion of work, which must also show a retroactive date that is before the earlier of the effective date of the contract or the beginning of the contract work. As a condition precedent to CITY’S obligations under this Agreement, CONTRACTOR shall furnish written evidence of such coverage (naming CITY, its officers and employees as additional insureds on the Comprehensive Liability insurance policy referred to in (a) immediately above via a specific endorsement) and requiring thirty (30) dayswritten notice of policy lapse or cancellation, or of a material change in policy terms. E. Assignment Notwithstanding any other provision of this Agreement, neither this Agreement nor any duties or obligations of CONTRACTOR under this Agreement may be assigned or subcontracted by CONTRACTOR without the prior written consent of CITY, which CITY may withhold in its sole and absolute discretion. F. State and Federal Taxes As CONTRACTOR is not CITY’S employee, CONTRACTOR shall be responsible for paying all required state and federal taxes. Without limiting the foregoing, CONTRACTOR acknowledges and agrees that: CITY will not withhold FICA (Social Security) from CONTRACTOR’S payments; CITY will not make state or federal unemployment insurance contributions on CONTRACTOR’S behalf; CITY will not withhold state or federal income tax from payment to CONTRACTOR; CITY will not make disability insurance contributions on behalf of CONTRACTOR; CITY will not obtain workers’ compensation insurance on behalf of CONTRACTOR. Docusign Envelope ID: 6F48D4E9-7700-4170-B4F9-409677629096 -5- 4835-2267-0361v1 LAC\04706083 ARTICLE 6. OBLIGATIONS OF CITY A. Cooperation of City CITY agrees to respond to all reasonable requests of CONTRACTOR and provide access, at reasonable times following receipt by CITY of reasonable notice, to all documents reasonably necessary to the performance of CONTRACTOR’S duties under this Agreement. B. Assignment CITY may assign this Agreement or any duties or obligations thereunder to a successor governmental entity without the consent of CONTRACTOR. Such assignment shall not release CONTRACTOR from any of CONTRACTOR’S duties or obligations under this Agreement. ARTICLE 7. TERMINATION OF AGREEMENT A. Sale of CONTRACTOR’s Business/ Death of CONTRACTOR. CONTRACTOR shall notify CITY of the proposed sale of CONTRACTOR’s business no later than thirty (30) days prior to any such sale. CITY shall have the option of terminating this Agreement within thirty (30) days after receiving such notice of sale. Any such CITY termination pursuant to this Article 7.A shall be in writing and sent to the address for notices to CONTRACTOR set forth in Exhibit A, Subsection V.H., no later than thirty (30) days after CITY’ receipt of such notice of sale. If CONTRACTOR is an individual, this Agreement shall be deemed automatically terminated upon death of CONTRACTOR. B. Termination by City for Default of CONTRACTOR Should CONTRACTOR default in the performance of this Agreement or materially breach any of its provisions, CITY, at CITY’S option, may terminate this Agreement by giving written notification to CONTRACTOR. For the purposes of this section, material breach of this Agreement shall include, but not be limited to the following: 1. CONTRACTOR’S failure to professionally and/or timely perform any of the services contemplated by this Agreement. 2. CONTRACTOR’S breach of any of its representations, warranties or covenants contained in this Agreement. CONTRACTOR shall be entitled to payment only for work completed in accordance with the terms of this Agreement through the date of the termination notice, as reasonably determined by CITY, provided that such payment shall not exceed the amounts set forth in this Agreement for the tasks described on Exhibit C” which have been fully, competently and timely rendered by CONTRACTOR. Notwithstanding the foregoing, if CITY terminates this Agreement due to CONTRACTOR’S default in the performance of this Agreement or material breach by CONTRACTOR of any of its provisions, then in addition to any other rights and remedies CITY Docusign Envelope ID: 6F48D4E9-7700-4170-B4F9-409677629096 -6- 4835-2267-0361v1 LAC\04706083 may have, CONTRACTOR shall reimburse CITY, within ten (10) days after demand, for any and all costs and expenses incurred by CITY in order to complete the tasks constituting the scope of work as described in this Agreement, to the extent such costs and expenses exceed the amounts CITY would have been obligated to pay CONTRACTOR for the performance of that task pursuant to this Agreement. C. Termination for Failure to Make Agreed-Upon Payments Should CITY fail to pay CONTRACTOR all or any part of the compensation set forth in Article 4 of this Agreement on the date due, then if and only if such nonpayment constitutes a default under this Agreement, CONTRACTOR, at the CONTRACTOR’S option, may terminate this Agreement if such default is not remedied by CITY within thirty (30) days after demand for such payment is given by CONTRACTOR to CITY. D. Transition after Termination Upon termination, CONTRACTOR shall immediately stop work, unless cessation could potentially cause any damage or harm to person or property, in which case CONTRACTOR shall cease such work as soon as it is safe to do so. CONTRACTOR shall incur no further expenses in connection with this Agreement. CONTRACTOR shall promptly deliver to CITY all work done toward completion of the services required hereunder, and shall act in such a manner as to facilitate any assumption of CONTRACTOR’s duties by any new CONTRACTOR hired by the CITY to complete such services. ARTICLE 8. GENERAL PROVISIONS A. Amendment & Modification No amendments, modifications, alterations or changes to the terms of this Agreement shall be effective unless and until made in a writing signed by both parties hereto. B. Americans with Disabilities Act of 1990 Throughout the term of this Agreement, the CONTRACTOR shall comply fully with all applicable provisions of the Americans with Disabilities Act of 1990 (“the Act”) in its current form and as it may be amended from time to time. CONTRACTOR shall also require such compliance of all subcontractors performing work under this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 above. The CONTRACTOR shall defend with counsel acceptable to CITY, indemnify and hold harmless the CITY OF GILROY, its officers, employees, agents and representatives from and against all suits, claims, demands, damages, costs, causes of action, losses, liabilities, expenses and fees, including without limitation reasonable attorneys’ fees, that may arise out of any violations of the Act by the CONTRACTOR, its subcontractors, or the officers, employees, agents or representatives of either. C. Attorneys’ Fees If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable Docusign Envelope ID: 6F48D4E9-7700-4170-B4F9-409677629096 -7- 4835-2267-0361v1 LAC\04706083 attorneys’ fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled. D. Captions The captions and headings of the various sections, paragraphs and subparagraphs of the Agreement are for convenience only and shall not be considered nor referred to for resolving questions of interpretation. E. Compliance with Laws The CONTRACTOR shall keep itself informed of all State and National laws and all municipal ordinances and regulations of the CITY which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Without limiting the foregoing, CONTRACTOR agrees to observe the provisions of the Municipal Code of the CITY OF GILROY, obligating every contractor or subcontractor under a contract or subcontract to the CITY OF GILROY for public works or for goods or services to refrain from discriminatory employment or subcontracting practices on the basis of the race, color, sex, religious creed, national origin, ancestry of any employee, applicant for employment, or any potential subcontractor. F. Conflict of Interest CONTRACTOR certifies that to the best of its knowledge, no CITY employee or office of any public agency interested in this Agreement has any pecuniary interest in the business of CONTRACTOR and that no person associated with CONTRACTOR has any interest that would constitute a conflict of interest in any manner or degree as to the execution or performance of this Agreement. G. Entire Agreement This Agreement supersedes any and all prior agreements, whether oral or written, between the parties hereto with respect to the rendering of services by CONTRACTOR for CITY and contains all the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding. No other agreements or conversation with any officer, agent or employee of CITY prior to execution of this Agreement shall affect or modify any of the terms or obligations contained in any documents comprising this Agreement. Such other agreements or conversations shall be considered as unofficial information and in no way binding upon CITY. Docusign Envelope ID: 6F48D4E9-7700-4170-B4F9-409677629096 -8- 4835-2267-0361v1 LAC\04706083 H. Governing Law and Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to the conflict of laws provisions of any jurisdiction. The exclusive jurisdiction and venue with respect to any and all disputes arising hereunder shall be in state and federal courts located in Santa Clara County, California. I. Notices Any notice to be given hereunder by either party to the other may be effected either by personal delivery in writing or by mail, registered or certified, postage prepaid with return receipt requested. Mailed notices shall be addressed to the parties at the addresses appearing in Exhibit “A”, Section V.H. but each party may change the address by written notice in accordance with this paragraph. Notices delivered personally will be deemed delivered as of actual receipt; mailed notices will be deemed delivered as of three (3) days after mailing. J. Partial Invalidity If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. K. Time of the Essence All dates and times referred to in this Agreement are of the essence. L. Waiver CONTRACTOR agrees that waiver by CITY of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement. Executed at Gilroy, California, on the date and year first above written. CONTRACTOR: CITY: Ross Recreation Equipment, Inc. CITY OF GILROY By: By: Name:Heather Hailey Name:Jimmy Forbis Title: Contract Administrator Title: City Administrator Social Security or Taxpayer Identification Number Docusign Envelope ID: 6F48D4E9-7700-4170-B4F9-409677629096 -9- 4835-2267-0361v1 LAC\04706083 Approved as to Form ATTEST: City Attorney City Clerk Docusign Envelope ID: 6F48D4E9-7700-4170-B4F9-409677629096 -1- 4835-2267-0361v1 LAC\04706083 EXHIBIT “A” SPECIFIC PROVISIONS V. PROJECT MANAGER CONTRACTOR shall provide the services indicated on the attached Exhibit “B”, Scope of Services (“Services”). (All exhibits referenced are incorporated herein by reference.) To accomplish that end, CONTRACTOR agrees to assign Casey Hilbert, who will act in the capacity of Project Manager, and who will personally direct such Services. Except as may be specified elsewhere in this Agreement, CONTRACTOR shall furnish all technical and professional services including labor, material, equipment, transportation, supervision and expertise to perform all operations necessary and required to complete the Services in accordance with the terms of this Agreement. VI. NOTICE TO PROCEED/COMPLETION OF SERVICE I. NOTICE TO PROCEED CONTRACTOR shall commence the Services upon delivery to CONTRACTOR of a written “Notice to Proceed”, which Notice to Proceed shall be in the form of a written communication from designated City contact person(s). Notice to Proceed may be in the form of e-mail, fax or letter authorizing commencement of the Services. For purposes of this Agreement, John Sousa shall be the designated City contact person(s). Notice to Proceed shall be deemed to have been delivered upon actual receipt by CONTRACTOR or if otherwise delivered as provided in the Section V.H.(“Notices”) of this Exhibit “A”. J. COMPLETION OF SERVICES When CITY determines that CONTRACTOR has completed all of the Services in accordance with the terms of this Agreement, CITY shall give CONTRACTOR written Notice of Final Acceptance, and CONTRACTOR shall not incur any further costs hereunder. CONTRACTOR may request this determination of completion when, in its opinion, it has completed all of the Services as required by the terms of this Agreement and, if so requested, CITY shall make this determination within two (2) weeks of such request, or if CITY determines that CONTRACTOR has not completed all of such Services as required by this Agreement, CITY shall so inform CONTRACTOR within this two (2) week period. VII. PROGRESS SCHEDULE The schedule for performance and completion of the Services will be as set forth in the attached Exhibit “C”. VIII. PAYMENT OF FEES AND DIRECT EXPENSES Payments shall be made to CONTRACTOR as provided for in Article 4 of this Agreement. Docusign Envelope ID: 6F48D4E9-7700-4170-B4F9-409677629096 -2- 4835-2267-0361v1 LAC\04706083 Direct expenses are charges and fees not included in Exhibit “B”. CITY shall be obligated to pay only for those direct expenses which have been previously approved in writing by CITY. CONTRACTOR shall obtain written approval from CITY prior to incurring or billing of direct expenses. Copies of pertinent financial records, including invoices, will be included with the submission of billing(s) for all direct expenses. IX. OTHER PROVISIONS A. STANDARD OF WORKMANSHIP CONTRACTOR represents and warrants that it has the qualifications, skills and licenses necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and CITY expressly relies upon CONTRACTOR’S representations and warranties regarding its skills, qualifications and licenses. CONTRACTOR shall perform such Services and duties in conformance to and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Any plans, designs, specifications, estimates, calculations, reports and other documents furnished under this Agreement shall be of a quality acceptable to CITY. The minimum criteria for acceptance shall be a product of neat appearance, well-organized, technically and grammatically correct, checked and having the maker and checker identified. The minimum standard of appearance, organization and content of the drawings shall be that used by CITY for similar purposes. B. RESPONSIBILITY OF CONTRACTOR CONTRACTOR shall be responsible for the professional quality, technical accuracy, and the coordination of the Services furnished by it under this Agreement. CONTRACTOR shall not be responsible for the accuracy of any project or technical information provided by the CITY. The CITY’S review, acceptance or payment for any of the Services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement, and CONTRACTOR shall be and remain liable to CITY in accordance with applicable law for all damages to CITY caused by CONTRACTOR’S negligent performance of any of the services furnished under this Agreement. C. RIGHT OF CITY TO INSPECT RECORDS OF CONTRACTOR CITY, through its authorized employees, representatives or agents, shall have the right, at any and all reasonable times, to audit the books and records (including, but not limited to, invoices, vouchers, canceled checks, time cards, etc.) of CONTRACTOR for the purpose of verifying any and all charges made by CONTRACTOR in connection with this Agreement. CONTRACTOR shall maintain for a minimum period of three (3) years (from the date of final payment to CONTRACTOR), or for any longer period required by law, sufficient books and records in accordance with standard California accounting practices to establish the correctness of all charges submitted to CITY by CONTRACTOR, all of which shall be made available to CITY at the CITY’s offices within five (5) business days after CITY’s request. Docusign Envelope ID: 6F48D4E9-7700-4170-B4F9-409677629096 -3- 4835-2267-0361v1 LAC\04706083 D. CONFIDENTIALITY OF MATERIAL All ideas, memoranda, specifications, plans, manufacturing procedures, data (including, but not limited to, computer data and source code), drawings, descriptions, documents, discussions or other information developed or received by or for CONTRACTOR and all other written and oral information developed or received by or for CONTRACTOR and all other written and oral information submitted to CONTRACTOR in connection with the performance of this Agreement shall be held confidential by CONTRACTOR and shall not, without the prior written consent of CITY, be used for any purposes other than the performance of the Services, nor be disclosed to an entity not connected with the performance of the such Services. Nothing furnished to CONTRACTOR which is otherwise known to CONTRACTOR or is or becomes generally known to the related industry (other than that which becomes generally known as the result of CONTRACTOR’S disclosure thereof) shall be deemed confidential. CONTRACTOR shall not use CITY’S name or insignia, or distribute publicity pertaining to the services rendered under this Agreement in any magazine, trade paper, newspaper or other medium without the express written consent of CITY. E. NO PLEDGING OF CITY’S CREDIT. Under no circumstances shall CONTRACTOR have the authority or power to pledge the credit of CITY or incur any obligation in the name of CITY. F. OWNERSHIP OF MATERIAL. All material including, but not limited to, computer information, data and source code, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports and other material developed, collected, prepared (or caused to be prepared) under this Agreement shall be the property of CITY, but CONTRACTOR may retain and use copies thereof subject to Section V.D of this Exhibit “A”. CITY shall not be limited in any way in its use of said material at any time for any work, whether or not associated with the City project for which the Services are performed. However, CONTRACTOR shall not be responsible for, and City shall indemnify CONTRACTOR from, damages resulting from the use of said material for work other than PROJECT, including, but not limited to, the release of this material to third parties for work other than on PROJECT. G. NO THIRD PARTY BENEFICIARY. This Agreement shall not be construed or deemed to be an agreement for the benefit of any third party or parties, and no third party or parties shall have any claim or right of action hereunder for any cause whatsoever. Docusign Envelope ID: 6F48D4E9-7700-4170-B4F9-409677629096 -4- 4835-2267-0361v1 LAC\04706083 H. NOTICES. Notices are to be sent as follows: CITY: John Sousa City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 CONTRACTOR: Casey Hilbert Ross Recreation Equipment, Inc. 100 Brush Creek Rd, #206 Santa Rosa, CA 95404 I. FEDERAL FUNDING REQUIREMENTS. If the box to the left of this sentence is checked, this Agreement involves federal funding and the requirements of this Section V.I.apply. If the box to the left of this sentence is checked, this Agreement does not involve federal funding and the requirements of this Section V.I.do not apply. 1. DBE Program CONTRACTOR shall comply with the requirements of Title 49, Part 26, Code of Federal Regulations (49 CFR 26) and the City-adopted Disadvantaged Business Enterprise programs. 2. Cost Principles Federal Acquisition Regulations in Title 48, CFR 31, shall be used to determine the allowable cost for individual items. 3. Covenant against Contingent Fees The CONTRACTOR warrants that he/she has not employed or retained any company or person, other than a bona fide employee working for the CONTRACTOR, to solicit or secure this Agreement, and that he/she has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or formation of this Agreement. For breach or violation of this warranty, the Local Agency shall have the right to annul this Agreement without liability or, at its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. J. PREVAILING WAGE REQUIREMENTS CONTRACTOR agrees and acknowledges that it is its obligation to determine whether, and to what extent, any work performed under this Agreement is subject to any codes, ordinances, Docusign Envelope ID: 6F48D4E9-7700-4170-B4F9-409677629096 -5- 4835-2267-0361v1 LAC\04706083 resolutions, rules or other regulations or established policies of CITY, and the laws of the State of California and the United States, including, without limitation, the California Labor Code and Public Contract Code, relating to public contracting and prevailing wage requirements (hereinafter referred to as “Prevailing Wage Laws”). If this Agreement is subject to the payment of prevailing wages pursuant to Article 5.A, then the following requirements apply: CONTRACTOR shall fully comply with, and ensure that all workers and/or subcontractors fully comply with, all applicable Prevailing Wage Laws, including, but not limited to, those identified herein. CONTRACTOR and all subcontractors performing such Services shall: pay prevailing wages (Lab. Code, § 1771); pay any wages owed, and be subject to penalties, if prevailing wages are not paid (Lab. Code, § 1775); register with the California Department of Industrial Relations and maintain registration for the duration of this Agreement and require the same of any workers and/or subcontractors, as applicable (Lab. Code, §§ 1725.5, 1771.1); satisfy payroll record reporting requirements (Lab. Code, §§ 1771.4, 1776); satisfy prevailing wage requirements specific to apprentices (Lab. Code, § 1777.5), take notice that eight hours constitutes a legal day’s work (Lab. Code, § 1810); take notice that liability exists for violating wage and hour laws. (Lab. Code, § 1813); take notice that copies of current prevailing rates are available online at the website of the California Department of Industrial Relations (https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm) and copies of prevailing rates relevant only to apprentices are also available online (https://www.dir.ca.gov/OPRL/pwappwage/PWAppWageStart.asp); and any other applicable requirement of the Prevailing Wage Laws, notwithstanding their omission here, including California Labor Code Sections 1720 et seq. and 1770 et seq. and the regulations thereunder. CONTRACTOR shall defend, indemnify, and hold harmless, through counsel approved by CITY (which approval will not be unreasonably withheld), CITY, its officers, officials, representatives, agents, employees, or volunteers, against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities, and expenses, including attorneys’ fees, that arise out of, pertain to, or relate to any failure or alleged failure of any person or entity (including CONTRACTOR, its workers, and/or subcontractors) to comply with Prevailing Wage Laws, including, without limitation, paying prevailing wages as required by law, complying with other applicable provisions of Labor Code sections 1720 et seq. and 1770 et seq., and implementing regulations of the Department of Industrial Relations, in connection with the performing of Services required pursuant to this Agreement. Docusign Envelope ID: 6F48D4E9-7700-4170-B4F9-409677629096 -1- 4835-2267-0361v1 LAC\04706083 EXHIBIT “B” SCOPE OF SERVICES Project Location: Hecker Pass Park 1500 3rd Street Gilroy, CA 95020 Contractor to: Perform site visit to determine dimensions of each installation. Perform engineered calculations for designing the best layout for existing play structures and locations identified by City of Gilroy staff. Provide materials and installation as quoted (Quote # 00045450, under NPP Cooperative Purchasing Program Contract: # PS21070) and per each manufacturer's installation specifications, guidelines, and standard footing details. Installation includes the layout of the equipment, post- footing excavation based on the manufacturer's standard footing details and specifications, concrete for footings, and completed assembly and installation of the purchased materials. Docusign Envelope ID: 6F48D4E9-7700-4170-B4F9-409677629096 -1- 4835-2267-0361v1 LAC\04706083 EXHIBIT “C” MILESTONE SCHEDULE Work to be performed by December 9, 2025. Docusign Envelope ID: 6F48D4E9-7700-4170-B4F9-409677629096 4835-2267-0361v1 LAC\04706083 EXHIBIT “D” PAYMENT SCHEDULE Each job to be invoiced and paid within 30 days of satisfactory completion of specific job through the end of the contract period. All billing to be itemized. Total contract not to exceed $112,497.00, plus 10% contingency ($11,250) for unforseen work for maximum total of $123,747. Docusign Envelope ID: 6F48D4E9-7700-4170-B4F9-409677629096 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) 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 RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS 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 E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below 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 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. 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. 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 7/15/2025 23140 Ross Recreation Equipment Company, Inc. 100 Brush Creek Road, Ste 206 Santa Rosa, CA 95404 35629 34630 A 1,000,000 X AES1029524-06 10/1/2024 10/1/2025 50,000 Excluded 1,000,000 2,000,000 2,000,000 1,000,000B 973989580 10/2/2024 10/2/2025 2,000,000A EXA1055294-06 10/1/2024 10/1/2025 2,000,000 0 C ROWC535491 10/1/2024 10/1/2025 1,000,000 1,000,000 1,000,000 Re: Service Agreement City of Gilroy, its officers, officials and employees are named as an additional insured on General Liability policy per the attached endorsement. City of Gilroy Its officers, officials and employees 7351 Rosanna Street Gilroy, CA 95020 ROSSREC-03 JVASQUEZ2 Acrisure West Insurance Services, LLC 1950 W Corporate Way #1 Anaheim, CA 92801-5373 Jeremiah Vasquez jevasquez@acrisure.com Associated Industries Insurance Company, Inc. Association Casualty Insurance Company Oak River Insurance Company X X X X X X X X X X X Docusign Envelope ID: 6F48D4E9-7700-4170-B4F9-409677629096 CG 20 10 0413 © Insurance Services Office, Inc., 2012 Page 1 of 2 Named Insured: Ross Recreation Equipment Policy Number: AES1029524-06 Policy Term: 10/01/2024-25 COMMERCIAL GENERAL LIABILITY CG 20 10 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 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 All persons or organizations where required by contract with the Named Insured All locations 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. 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: 6F48D4E9-7700-4170-B4F9-409677629096 Page 2 of 2 © Insurance Services Office, Inc., 2012 CG20100413 C. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill - 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 shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Docusign Envelope ID: 6F48D4E9-7700-4170-B4F9-409677629096 Docusign Envelope ID: 6F48D4E9-7700-4170-B4F9-409677629096 Docusign Envelope ID: 6F48D4E9-7700-4170-B4F9-409677629096 Docusign Envelope ID: 6F48D4E9-7700-4170-B4F9-409677629096 Docusign Envelope ID: 6F48D4E9-7700-4170-B4F9-409677629096 Docusign Envelope ID: 6F48D4E9-7700-4170-B4F9-409677629096 Docusign Envelope ID: 6F48D4E9-7700-4170-B4F9-409677629096 Docusign Envelope ID: 6F48D4E9-7700-4170-B4F9-409677629096 Docusign Envelope ID: 6F48D4E9-7700-4170-B4F9-409677629096 CAUTION: This email originated from an External Source. Please use proper judgment and caution when opening attachments, clicking links, or responding to this email. From:Matt Jones To:Sheila Castillo Subject:FW: EXTERNAL - NPPGov Welcome Email Date:Tuesday, May 27, 2025 9:07:10 AM We are members with NPP. NPPGov member ID: M-5719564 From: Jennifer Bourgault <jennifer.bourgault@mynpp.com> Sent: Tuesday, May 27, 2025 8:28 AM To: Matt Jones <Matt.Jones@cityofgilroy.org> Subject: EXTERNAL - NPPGov Welcome Email NPP Gov Logo Hi Matt, My name is Jennifer Bourgault and I�m your dedicated Regional Manager for your NPPGov membership. I want to personally reach out and introduce myself as your point of contact for any questions related to your NPPGov account. We are partnered with a broad range of vendors that offer time and money- saving procurement solutions on products such as firefighting, fire apparatus and law enforcement equipment, EMS and medical supplies, office and school supplies, vehicles, park and playground equipment and more. I encourage you to explore our website https://nppgov.com/ for more information about our vendors, along with commonly used documents such as RFP, IGA, and MPA. Your NPPGov Membership gives you access to: Publicly solicited and awarded contracts designed for nationwide cooperative purchasing Docusign Envelope ID: 6F48D4E9-7700-4170-B4F9-409677629096 Contract utilization support No purchasing obligation or membership fees Live customer service, Monday through Friday, 6am-5pm PST Individual/personal discounts are also available For your records, here is your NPPGov member ID: M-5719564 Please let me know if you have any questions and welcome to our program! Jennifer Bourgault (206) 494-4620 jennifer.bourgault@mynpp.com CONFIDENTIALITY NOTICE: This communication and any documents, files or previous e-mail messages attached to it constitute an electronic communication within the scope of the Electronic Communication Privacy Act, 18 USCA 2510. This communication may contain non-public, confidential or legally privileged information intended for the sole use of the designated recipient(s). The unlawful interception, use or disclosure of such information is strictly prohibited under 18 USCA 2511 and any applicable laws. Docusign Envelope ID: 6F48D4E9-7700-4170-B4F9-409677629096 •Competitively bid, no additional RFP necessary •Saves time and money in your procurement process •Live contract support Contract Details •Log into nppgov.com •Forms, legal documentation, price lists and other information can be found on the vendor page •Sign the Intergovernmental Agreement (IGA) and keep for your records •Provide your NPPGov member number on the purchase order Products on Contract nppgov.com customerservice@nppgov.com 877.329.8847 877.329.8847 customerservice@nppgov.com nppgov.com Pricing Details Members receive discounted pricing on these products. For pricing and product details, log in to nppgov.com. •Site Amenities - benches, picnic tables, trash and recycling receptacles and other site amenities. •Safety Surfacing - Rubberized poured-in-place, artificial turf, rubber tile surfacing and engineered wood. •Athletic equipment, sports goals, drinking fountains and other park/recreational amenities. •School Age Playgrounds and components •Aquatic Playgrounds and splashpads •Shelters and Shade Structures -metal roof shade structures and shelters, fabric shade structures and integrated shade with playground equipment. •Outdoor Fitness equipment •Installation and Construction services Company Information A family-owned business since 1973, Ross Recreation is a leader in providing premier commercial park and recreation equipment and construction services for communities in Northern California, Oregon and Nevada. Our products offer the highest level of craftsmanship, innovation, safety, accessibility and sustainable design. From research to ribbon-cutting, we guide our customers through every step of a project, helping to create unique and inspiring community spaces that will last for decades.Lead Public Agency: League of Oregon Cities RFP #2060 CONTRACT TERM Contract Number: PS21070 Effective Date: 03/22/21 Initial expiration: 03/22/24 Possible extensions through: 03/22/27 NPPGov NPPGov is a national cooperative procurement organization based in Seattle, WA offering publicly solicited contracts to government entities nationwide. Our contracts are created through a public solicitation by a Lead Public Agency. Access to our cooperative contracts is free and there are no purchasing obligations. Benefits of cooperative contracts: Ross Recreation Equipment Company, Inc. Docusign Envelope ID: 6F48D4E9-7700-4170-B4F9-409677629096 June 16, 2025 | 6:00 PM Page 4 of 9 City Council Regular Meeting Powers Authority (alternate), Santa Clara Valley Habitat Agency Governing Board, Santa Clara Valley Habitat Agency Implementation Board, SCRWA (alternate) Council Member Hilton – CalTrain Policy Group, Santa Clara County Expressway Plan 2040 Advisory Board (alternate), Silicon Valley Clean Energy Authority JPA Board, South County Youth Task Force Policy Team, VTA Policy Advisory Committee Council Member Ramirez – ABAG (alternate), Gilroy Gardens Board of Directors (alternate), Gilroy Sister Cities, Gilroy Youth Task Force (alternate), SCRWA, Santa Clara Housing and Community Development Advisory Committee Council Member Cline – CalTrain Policy Group (alternate), Gilroy Sister Cities (alternate), Gilroy Youth Task Force, Santa Clara County Expressway Plan 2040 Advisory Board, Silicon Valley Clean Energy Authority JPA Board (alternate), Silicon Valley Regional Interoperability Authority Board, Visit Gilroy California Welcome Center (alternate), VTA Mobility Partnership Committee, VTA Policy Advisory Committee (alternate) Mayor Bozzo – Gilroy Gardens Board of Directors, Santa Clara Valley Water Joint Water Resources Committee, South County Youth Task Force Policy Team, VTA Board of Directors (alternate), Santa Clara Housing and Community Development Advisory Committee (alternate) 5. CONSENT CALENDAR All matters listed under the Consent Calendar are considered by the City Council to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a request is made by a member of the City Council or a member of the public. Any person desiring to speak on any item on the consent calendar should ask to have that item removed from the consent calendar prior to the time the City Council votes to approve. If removed, the item will be discussed in the order in which it appears. 5.1.Adoption of the Minutes from the May 19 and June 2, 2025 City Council Regular Meeting, the June 7, 2025 Coffee with the Mayor, and the June 9, 2025 City Council Special Meeting 5.2.Approve the Purchase of two Playground Shade Covers for the Third Street Park in the amount of $112,497, and include a 10% contingency, for a total not to exceed amount of $123,747, utilizing National Purchasing Partners Contract (NPP) PS21070 and authorize the City Administrator to execute the agreement with Ross Recreation Equipment, Inc. and any other related documents necessary to complete the purchase and installation of the shade structures. 5.3.Adoption of a Resolution of the City Council of the City of Gilroy Approving the Application for Metropolitan Transportation Commission Capital Implementation Grant Funds for the Gilroy Public Library Electrical Vehicle Chargers Project and Authorize the Execution of the Agreement and Related Documents 5.4.Approval of a Notice of Acceptance of Completion for the City Hall Backup Generator Project No. 21-PW-268 Docusign Envelope ID: 6F48D4E9-7700-4170-B4F9-409677629096 DRAFT June 16, 2025 | 6:00 PM Page 1 of 9 City Council Regular Meeting Minutes City of Gilroy City Council Regular Meeting Minutes Monday, June 16, 2025 | 6:00 PM 1. OPENING 1. Call to Order The meeting was called to order by Mayor Bozzo at 6:32 PM. 2. Pledge of Allegiance The Pledge of Allegiance was led by Council Member Hilton. 3. Invocation Pastor Greg Quirke led the invocation. 4. City Clerk's Report on Posting the Agenda Acting City Clerk Atkins reported that the agenda was posted on Friday, June 13, 2025, at 2:44 PM. 5. Roll Call Attendance Attendee Name Present Council Member Dion Bracco Council Member Tom Cline Council Member Terence Fugazzi Council Member Zach Hilton Council Member Carol Marques Council Member Kelly Ramirez Mayor Greg Bozzo Absent 6. Orders of the Day 7. Employee Introductions • Bryce Atkins, Assistant to the City Administrator, introduced Kylie Katsuyoshi and Stefan Mercer. • Sharon Goei, Community Development Director, introduced Michael Fossati. • Arlen Summers, Fire Division Chief, introduced Christopher Glum. • Ken Binder, Interim Police Chief, introduced Madisen Ruelas, Matthew Latshaw, and Aesha Sandoval. 2. CEREMONIAL ITEMS - Proclamations and Awards 1. Proclamation Honoring the Gilroy High School Wrestling Team Members of the Gilroy High School Wrestling Team and coaches received the proclamation. Docusign Envelope ID: 6F48D4E9-7700-4170-B4F9-409677629096 DRAFT June 16, 2025 | 6:00 PM Page 2 of 9 City Council Regular Meeting Minutes 2. Proclamation in Honor of Don Gage The family of Don Gage received the proclamation. 3. PRESENTATIONS TO THE COUNCIL 1. Presentation of the Annual Report from Visit Gilroy Frank Johnson, CEO of Visit Gilroy, gave the presentation. 2. PUBLIC COMMENT BY MEMBERS OF THE PUBLIC ON ITEMS NOT ON THE AGENDA BUT WITHIN THE SUBJECT MATTER JURISDICTION OF THE CITY COUNCIL Mayor Bozzo opened public comment. John Pena - commented about food trucks and the challenges being experienced. Robert Butler - commented about the kids drama club and an unhoused fundraising concert, food trucks, and a book he published. Miguel Ayala - commented about his concern with the Thursday night music and that there were ADA walkways blocked. Greg Felios - commented about his positive experience with the Thursday night music event, and a group on Saturdays at noon that formed for a peaceful demonstration. Jennifer Del Bono - commented about her pride in the community with the peaceful protesting and civility between opposing protesters. Ron Kirkish - commented about the Garlic Festival ticket sales, excitement about the event, and the Cherries Jubilee attendance. With no further speakers, Mayor Bozzo closed public comment. 4. REPORTS OF COUNCIL MEMBERS Council Member Bracco - No report. Council Member Fugazzi - No report. Council Member Marques - reported on the Santa Clara County Habitat Agency Governing Board meeting and budget information. Council Member Hilton - No report. Council Member Ramirez - No report. Council Member Cline - No report. Mayor Bozzo - No report. Docusign Envelope ID: 6F48D4E9-7700-4170-B4F9-409677629096 DRAFT June 16, 2025 | 6:00 PM Page 3 of 9 City Council Regular Meeting Minutes 5. CONSENT CALENDAR Mayor Bozzo opened public comment. With no speakers, Mayor Bozzo closed public comment. Motion Approve RESULT: Passed MOVER: Council Member Tom Cline SECONDER: Council Member Carol Marques AYES: Council Member Dion Bracco, Council Member Tom Cline, Council Member Terence Fugazzi, Council Member Zach Hilton, Council Member Carol Marques, Council Member Kelly Ramirez, Mayor Greg Bozzo 1. Adoption of the Minutes from the May 19 and June 2, 2025 City Council Regular Meeting, the June 7, 2025 Coffee with the Mayor, and the June 9, 2025 City Council Special Meeting 2. Approve the Purchase of two Playground Shade Covers for the Third Street Park in the amount of $112,497, and include a 10% contingency, for a total not to exceed amount of $123,747, utilizing National Purchasing Partners Contract (NPP) PS21070 and authorize the City Administrator to execute the agreement with Ross Recreation Equipment, Inc. and any other related documents necessary to complete the purchase and installation of the shade structures. 3. Adoption of a Resolution of the City Council of the City of Gilroy Approving the Application for Metropolitan Transportation Commission Capital Implementation Grant Funds for the Gilroy Public Library Electrical Vehicle Chargers Project and Authorize the Execution of the Agreement and Related Documents 4. Approval of a Notice of Acceptance of Completion for the City Hall Backup Generator Project No. 21-PW-268 5. Claim of Terell Felton (The City Administrator recommends a "yes" vote under the Consent Calendar shall constitute denial of the claim) 6. Adopt an Ordinance to Adopt by Reference the Mapping of the Fire Hazard Severity Zones as Issued by the California Department of Forestry and Fire Protection 7. City Council Appointment of Kim Mancera to the Position of City Clerk 6. BIDS AND PROPOSALS 1. Award a Contract to McKim Corporation for the Fiscal Year 2024-25 (FY25) Citywide Pavement Rehabilitation Project No. 25-PW-295 Mayor Bozzo opened public comment. Docusign Envelope ID: 6F48D4E9-7700-4170-B4F9-409677629096 DRAFT June 16, 2025 | 6:00 PM Page 4 of 9 City Council Regular Meeting Minutes With no speakers, Mayor Bozzo closed public comment. Motion Award the Contract to McKim Corporation. RESULT: Passed MOVER: Council Member Carol Marques SECONDER: Council Member Kelly Ramirez AYES: Council Member Dion Bracco, Council Member Tom Cline, Council Member Terence Fugazzi, Council Member Zach Hilton, Council Member Carol Marques, Council Member Kelly Ramirez, Mayor Greg Bozzo Motion Adopt the budget amendment resolution. RESULT: Passed MOVER: Council Member Kelly Ramirez SECONDER: Council Member Tom Cline AYES: Council Member Dion Bracco, Council Member Tom Cline, Council Member Terence Fugazzi, Council Member Zach Hilton, Council Member Carol Marques, Council Member Kelly Ramirez, Mayor Greg Bozzo 2. Award a Contract to Vanguard Construction for the FY25 Engineering Sidewalk Replacement Project No. 25-PW-296 in the amount of $652,787, Approve a Project Contingency of $65,278, and Approve a Total Project Expenditure of $718,065 for Construction Mayor Bozzo opened public comment. Maria Aguilar - commented about concerns regarding property owners having to pay to fix sidewalks damaged by City trees, and instructions to property owners about deep watering. With no further speakers, Mayor Bozzo closed public comment. Motion Reject all bids. RESULT: Passed MOVER: Council Member Zach Hilton SECONDER: Council Member Tom Cline AYES: Council Member Dion Bracco, Council Member Tom Cline, Council Member Terence Fugazzi, Council Member Zach Hilton, Council Member Carol Marques, Council Member Kelly Ramirez, Mayor Greg Bozzo 7. PUBLIC HEARINGS 1. Appeal of the Planning Commission’s Determination for Architectural and Site Docusign Envelope ID: 6F48D4E9-7700-4170-B4F9-409677629096 DRAFT June 16, 2025 | 6:00 PM Page 5 of 9 City Council Regular Meeting Minutes Review and Variance application for removal of an existing 35-foot monopole and installation of a 65-foot monopole, or 70-foot monopine design, and related equipment located at 401 First Street, Application No. AS 24-14 and V 24-01 (Continued Item) Mayor Bozzo opened the Public Hearing. With no speakers, Mayor Bozzo closed the Public Hearing. Council made findings of particular sensitivity to require the monopine design. Motion Uphold the appeal with the requirement to use the monopine design for the project, without the automatic provision allowing the applicant to revert to the original monopole design if the geophysical study finds the monopine design to be infeasible. RESULT: Passed MOVER: Council Member Terence Fugazzi SECONDER: Council Member Kelly Ramirez AYES: Council Member Dion Bracco, Council Member Tom Cline, Council Member Terence Fugazzi, Council Member Zach Hilton, Council Member Carol Marques, Council Member Kelly Ramirez, Mayor Greg Bozzo 2. Public Hearing to Accept the Public Health Goal Report for the Gilroy Drinking Water System in Accordance with California Health and Safety Code 116470 Mayor Bozzo opened the Public Hearing. With no speakers, Mayor Bozzo closed the Public Hearing. Report was received. 8. UNFINISHED BUSINESS 1. Aquatics Program Operations Mayor Bozzo opened public comment. Ron Kirkish - commented about costs associated with heating the pool. With no further speakers, Mayor Bozzo closed public comment. 2. Sharks Ice Update Mayor Bozzo opened public comment. With no speakers, Mayor Bozzo closed public comment. 9. INTRODUCTION OF NEW BUSINESS 1. Acceptance of a One-Year Agreement with Santa Clara County Docusign Envelope ID: 6F48D4E9-7700-4170-B4F9-409677629096 DRAFT June 16, 2025 | 6:00 PM Page 6 of 9 City Council Regular Meeting Minutes Communications for Emergency Medical Dispatching Mayor Bozzo opened public comment. Ron Kirkish - Commented about negative public perception regarding response times but increasing costs. With no further speakers, Mayor Bozzo closed public comment. Motion Approve the agreement. RESULT: Passed MOVER: Council Member Dion Bracco SECONDER: Council Member Carol Marques AYES: Council Member Dion Bracco, Council Member Tom Cline, Council Member Terence Fugazzi, Council Member Zach Hilton, Council Member Carol Marques, Council Member Kelly Ramirez, Mayor Greg Bozzo 2. Approval and Authorization to Purchase Real Property Located at 641 Old Gilroy Street (APN 841-100-10 and 841-100-28) Mayor Bozzo opened public comment. With no speakers, Mayor Bozzo closed public comment. Motion Approve purchase of 641 Old Gilroy Street (APNs 841-100-10 and -28). RESULT: Passed MOVER: Council Member Dion Bracco SECONDER: Council Member Kelly Ramirez AYES: Council Member Dion Bracco, Council Member Tom Cline, Council Member Terence Fugazzi, Council Member Zach Hilton, Council Member Carol Marques, Council Member Kelly Ramirez, Mayor Greg Bozzo Motion Adopt the budget amendment resolution. RESULT: Passed MOVER: Council Member Tom Cline SECONDER: Council Member Carol Marques AYES: Council Member Dion Bracco, Council Member Tom Cline, Council Member Terence Fugazzi, Council Member Zach Hilton, Council Member Carol Marques, Council Member Kelly Ramirez, Mayor Greg Bozzo 3. Gilroy Center for the Arts Proposed Mural Project and Donation Acceptance Mayor Bozzo opened public comment. Docusign Envelope ID: 6F48D4E9-7700-4170-B4F9-409677629096 DRAFT June 16, 2025 | 6:00 PM Page 7 of 9 City Council Regular Meeting Minutes Eric Vasquez - Commented about his design for this project. With no further speakers, Mayor Bozzo closed public comment. Motion Approve mural project and delegate acceptance to the City Administrator. RESULT: Passed MOVER: Council Member Dion Bracco SECONDER: Council Member Kelly Ramirez AYES: Council Member Dion Bracco, Council Member Tom Cline, Council Member Terence Fugazzi, Council Member Zach Hilton, Council Member Carol Marques, Council Member Kelly Ramirez, Mayor Greg Bozzo 4. Public Art Plaque and Augmented Reality Art Project at the Downtown Paseo Mayor Bozzo opened public comment. With no speakers, Mayor Bozzo closed public comment. Motion Approve the placement of the proposed public art placard at the downtown paseo. RESULT: Passed MOVER: Council Member Carol Marques SECONDER: Council Member Terence Fugazzi AYES: Council Member Dion Bracco, Council Member Tom Cline, Council Member Terence Fugazzi, Council Member Zach Hilton, Council Member Carol Marques, Council Member Kelly Ramirez, Mayor Greg Bozzo 5. Approval of the Amendment to the Lease with Gilroy Gardens Family Theme Park Removing the Treehaven Fire Station from the Premises Mayor Bozzo opened public comment. With no speakers, Mayor Bozzo closed public comment. Motion Approve the amendment to the agreement with Gilroy Gardens. RESULT: Passed MOVER: Council Member Tom Cline SECONDER: Council Member Carol Marques AYES: Council Member Dion Bracco, Council Member Tom Cline, Council Member Terence Fugazzi, Council Member Zach Hilton, Council Member Carol Marques, Council Member Kelly Ramirez, Mayor Greg Bozzo Docusign Envelope ID: 6F48D4E9-7700-4170-B4F9-409677629096 DRAFT June 16, 2025 | 6:00 PM Page 8 of 9 City Council Regular Meeting Minutes 6. Project Processing Agreement, 315 Las Animas Ave. Project Mayor Bozzo opened public comment. With no speakers, Mayor Bozzo closed public comment. Motion Approve the 315 Las Animas Project Processing Agreement with a modification to Paragraph 11 of the agreement regarding the borders of the Master Plan Area in Exhibit B, setting the borders to be Highway 101 as the eastern border, the West Branch Llagas Creek (canal south of Las Animas Avenue) to be the southern border, the Church Street alignment as the western border, and the Buena Vista alignment as the northern border. RESULT: Passed MOVER: Council Member Zach Hilton SECONDER: Council Member Kelly Ramirez AYES: Council Member Dion Bracco, Council Member Tom Cline, Council Member Terence Fugazzi, Council Member Zach Hilton, Council Member Carol Marques, Council Member Kelly Ramirez, Mayor Greg Bozzo 10. CITY ADMINISTRATOR'S REPORTS City Administrator Forbis provided an update on the Santa Teresa Fire Station project. 11. CITY ATTORNEY'S REPORTS No report. 12. CLOSED SESSION City Attorney Faber opened public comment. With no speakers, City Attorney Faber closed public comment. City Council entered Closed Session at 10:08 PM. Motion Remain in closed session RESULT: Passed MOVER: None SECONDER: None AYES: Council Member Dion Bracco, Council Member Tom Cline, Council Member Terence Fugazzi, Council Member Zach Hilton, Council Member Carol Marques, Council Member Kelly Ramirez, Mayor Greg Bozzo 1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to GC Sec. 54956.8 and GCC Sec. 17A.8 Property: Gilroy Gardens Theme Park, 3050 Hecker Pass Highway, Gilroy, CA Docusign Envelope ID: 6F48D4E9-7700-4170-B4F9-409677629096 DRAFT June 16, 2025 | 6:00 PM Page 9 of 9 City Council Regular Meeting Minutes (APN’s: 810-17-024, 810-17-026, 810-17-029, 810-17-030, 810-17-031, 810-18- 002, 810-18-013, 810-19-005, 810-19-007, 810-19-010, 810-19-011, 810-19-014) Negotiators: Jimmy Forbis, City Administrator; Victoria Valencia, Economic Development Manager Other Party to Negotiations: Gilroy Gardens Family Theme Park, LLC Under Negotiations: Price and terms of payment for sale or lease. 2. CONFERENCE WITH LABOR NEGOTIATORS – COLLECTIVE BARGAINING UNITS Pursuant to GC Section 54957.6 and GCC Section 17A.11(4) Collective Bargaining Units: Gilroy Police Officers Association, Inc. Representing Gilroy Police Officers; Gilroy Management Association Representing Mid-Management Employees (GMA); and Unrepresented Exempt Employees (Confidential, Department Heads & Council-Appointed) City Negotiators: Jimmy Forbis, City Administrator; LeeAnn McPhillips, Assistant City Administrator and Administrative Services & Human Resources Director/Risk Manager Anticipated Issue(s) Under Negotiation: Wages, Hours, Benefits, Working Conditions Memorandums of Understanding: City of Gilroy and Gilroy Police Officers Association Inc.; City of Gilroy and Gilroy Management Association (GMA) 13. ADJOURN TO OPEN SESSION The City Council adjourned to open session at 11:15 PM. 14. ADJOURNMENT With no additional business before the Council, the meeting was adjourned at 11:15 PM. I HEREBY CERTIFY that the foregoing minutes were duly and regularly adopted at a regular meeting of the City Council of the City of Gilroy on Monday, July 28, 2025. Bryce Atkins Acting City Clerk Docusign Envelope ID: 6F48D4E9-7700-4170-B4F9-409677629096