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Home My WebLink AboutAgreement - Honeywell International, Inc. - Expires: 4/28/2028City of Gilroy Agreement/Contract Tracking Today’s Date: May 28, 2025 Your Name: Sheila Castillo Contract Type: Services over $5k - Contractor - NO ENG OR DESIGN Phone Number: 408-846-0569 Contract Effective Date: (Date contract goes into effect) 5/1/2025 Contract Expiration Date: 4/28/2028 Contractor / Consultant Name: (if an individual’s name, format as last name, first name) Honeywell International, Inc. Contract Subject: (no more than 100 characters) 3-year contract for maintenance and repair of HVAC systems at various City facilities and buildings Contract Amount: (Total Amount of contract. If no amount, leave blank) 620878 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: E222008B-4DA6-48C2-AAC8-C3DB73EBB59C 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: E222008B-4DA6-48C2-AAC8-C3DB73EBB59C -1- 4835-2267-0361v1 LAC\04706083 AGREEMENT FOR SERVICES (For contracts over $5,000 – NON-DESIGN, NON-ENGINEERING TYPE CONTRACTOR) This AGREEMENT made this 21st day of April, 2025, between: CITY: City of Gilroy, having a principal place of business at 7351 Rosanna Street, Gilroy, California and CONTRACTOR: Honeywell International, Inc., having a principal place of business at 22 Centerpointe Drive, Suite 100, La Palma, CA 90623. ARTICLE 1. TERM OF AGREEMENT This Agreement will become effective on May 1, 2025 and will continue in effect through April 30, 2028 with an option to renew it for an additional two years upon agreement by both the CONTRACTOR and the CITY, 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”). Docusign Envelope ID: 78BC5077-D2B9-4B9F-924E-C8C2119D1B09Docusign Envelope ID: E222008B-4DA6-48C2-AAC8-C3DB73EBB59C -2- 4835-2267-0361v1 LAC\04706083 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. 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 $171,259 for year 1, $179,822 for year 2, and $188,813 for year 3, with a contingency of 15% ($80,984). 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. Docusign Envelope ID: 78BC5077-D2B9-4B9F-924E-C8C2119D1B09Docusign Envelope ID: E222008B-4DA6-48C2-AAC8-C3DB73EBB59C -3- 4835-2267-0361v1 LAC\04706083 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 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 As to all liability, to the fullest extent permitted by law, CONTRACTOR shall defend, through counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys’ fees, arising or resulting directly or indirectly from any act or omission of CONTRACTOR or CONTRACTOR’S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property. 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 with a minimum combined single limit coverage of $5,000,000 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) Automobile liability coverage for owned and non-owned automobiles on a per occurrence basis with a minimum combined single limit coverage of $5,000,000 per occurrence (combined single limit Docusign Envelope ID: 78BC5077-D2B9-4B9F-924E-C8C2119D1B09Docusign Envelope ID: E222008B-4DA6-48C2-AAC8-C3DB73EBB59C -4- 4835-2267-0361v1 LAC\04706083 plus excess coverage) 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. 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) and (b) immediately above via a specific endorsement) and requiring thirty (30) days written notice of policy lapse or cancellation, or of a material change in policy terms. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE AGGREGATE LIABILITY OF CONTRACTOR FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL IN NO CASE EXCEED THE APPLICABLE POLICY LIMITS SET FORTH IN ARTICLE 5, SECTION D OF THE AGREEMENT. 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. 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. Docusign Envelope ID: 78BC5077-D2B9-4B9F-924E-C8C2119D1B09Docusign Envelope ID: E222008B-4DA6-48C2-AAC8-C3DB73EBB59C -5- 4835-2267-0361v1 LAC\04706083 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 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. Docusign Envelope ID: 78BC5077-D2B9-4B9F-924E-C8C2119D1B09Docusign Envelope ID: E222008B-4DA6-48C2-AAC8-C3DB73EBB59C -6- 4835-2267-0361v1 LAC\04706083 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 the 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 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. Docusign Envelope ID: 78BC5077-D2B9-4B9F-924E-C8C2119D1B09Docusign Envelope ID: E222008B-4DA6-48C2-AAC8-C3DB73EBB59C -7- 4835-2267-0361v1 LAC\04706083 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. 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. Docusign Envelope ID: 78BC5077-D2B9-4B9F-924E-C8C2119D1B09Docusign Envelope ID: E222008B-4DA6-48C2-AAC8-C3DB73EBB59C -8- 4835-2267-0361v1 LAC\04706083 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: Honeywell International, Inc. CITY OF GILROY By: By: Name: Name: Jimmy Forbis Title: Title: City Administrator Social Security or Taxpayer Identification Number 22-2640650 Approved as to Form ATTEST: City Attorney City Clerk Docusign Envelope ID: 78BC5077-D2B9-4B9F-924E-C8C2119D1B09 RGM Services Vik Chutani Docusign Envelope ID: E222008B-4DA6-48C2-AAC8-C3DB73EBB59C -1- 4835-2267-0361v1 LAC\04706083 EXHIBIT “A” SPECIFIC PROVISIONS I. 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 Michelle Gonzales, 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. II. NOTICE TO PROCEED/COMPLETION OF SERVICE A. 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, Walter Dunckel 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”. B. 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. III. PROGRESS SCHEDULE The schedule for performance and completion of the Services will be as set forth in the attached Exhibit “C”. IV. PAYMENT OF FEES AND DIRECT EXPENSES Payments shall be made to CONTRACTOR as provided for in Article 4 of this Agreement. Docusign Envelope ID: 78BC5077-D2B9-4B9F-924E-C8C2119D1B09Docusign Envelope ID: E222008B-4DA6-48C2-AAC8-C3DB73EBB59C -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. V. 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: 78BC5077-D2B9-4B9F-924E-C8C2119D1B09Docusign Envelope ID: E222008B-4DA6-48C2-AAC8-C3DB73EBB59C -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. This section of the agreement, Exhibit A, V. Section F, is applicable to material solely developed for CITY under this Agreement or software developed solely for the CITY under this Agreement. 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: 78BC5077-D2B9-4B9F-924E-C8C2119D1B09Docusign Envelope ID: E222008B-4DA6-48C2-AAC8-C3DB73EBB59C -4- 4835-2267-0361v1 LAC\04706083 H. NOTICES. Notices are to be sent as follows: CITY: Walter Dunckel City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 CONTRACTOR: Michelle Gonzales Honeywell International Inc. 22 Centerpointe Drive, Suite 100 La Palma, CA 90623 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. Docusign Envelope ID: 78BC5077-D2B9-4B9F-924E-C8C2119D1B09Docusign Envelope ID: E222008B-4DA6-48C2-AAC8-C3DB73EBB59C -1- 4835-2267-0361v1 LAC\04706083 EXHIBIT “B” SCOPE OF SERVICES Maintain the mechanical systems, components and hardware listed below, on a maintenance schedule that meets industry standard practices and manufacturers recommendations. These incude: Inspecting control system assets through head end software for proper operation Checking asset status and firmware versions Providing recommendations on improvements outside of planned maintenance checking software schedules against occupancy schedules Review alarm activity on head end software Review trend logs to identify issues Random sampling of temperature sensors to identify the need to calibrate Visual inspections of assets Checking assets are operating as expected Quarterly filter replacement Lubrication schedule Assets: 7070 Chestnut Street A/C1 Roof - 1 - 5 Ton RUUD URKA- A036CK08X 1R5813ADAAF3701- 12004 A/C - 2 ROOF - 1 - 4 Ton Day& Night PGD348090H001C1 C100545597 A/C - 3 ROOF - 1 - 5 Ton Day& Night - 585HBW060100A 1587C57801 Apparatus Bay - 2 - gas heaters Reznor A/C - 4 ROOF - 1 - 5 A/ C- 4 Roof 1 Gas/ Electric A/ C 4Ton Day & Night 585HJW048080ABAF 0487C56164 A/C - 5 -1- 6 A/ C- 5 1 Gas/ Electric A/ C 6Ton Carrier 48T1D006. 511GA Docusign Envelope ID: 78BC5077-D2B9-4B9F-924E-C8C2119D1B09Docusign Envelope ID: E222008B-4DA6-48C2-AAC8-C3DB73EBB59C -2- 4835-2267-0361v1 LAC\04706083 All - Thermostats I3799G20636 Christmas Hill Park TEEC Building Condensing Unit Rheem RPKA- 042JA2 Condensing Unit Rheem RPKA- 018JA2 Fan Coll Unit Rheem RBHA- 21310SHBA Fan Coll Unit Rheem RBHA- 14J05 SHBA City Hall 7351 Rosanna Street FC1 AHU Supply Fan 3 Hp McQuay LSL108CH CU1 OX Cooling 8Ton Lennox FC-6 AHU Supply Fan 2 Hp Magic Air 90BHX- 4 CU-6 Cond. Unit 10Ton Trane TTA898A P1 Boiler Room Pump 5 Hp B& G 1531- 11/ 4 RB Boiler Boller/ Water- Gas 850,000 BTU Rite P2, P3 Hot Water Pumps & Motor 0. 5 Hp B & G 71- 233581 CU-3 Recip Compressor 17 Ton Carrier 07DB215. 600 FC-3 AHU Supply Fan 5 Hp McQuay LSL111CV Cooling Tower 30Ton Evapco LSTA463 B75 B75 Belt Condenser Pump 5 Hp B & G AC-1 Basic Pkg A/ C Unit 2 Compressors @ 5 Ton cooling/ 1 only (Belt A- 45) 10Ton Trane TCD090D4- OOAA RE-12 Vaneaxlal Fan Motor 3 Hp New York Blower U8796105 FC-2 AHU Supply Fan 10 Hp McQuay CU-2 Recip Compressor 32 Ton Carrier 07EB033. 610 TP-6 Control panel Alerton/ Syserco Docusign Envelope ID: 78BC5077-D2B9-4B9F-924E-C8C2119D1B09Docusign Envelope ID: E222008B-4DA6-48C2-AAC8-C3DB73EBB59C -3- 4835-2267-0361v1 LAC\04706083 Council Chambers - Control panel Barber Coleman FC-4 Fan Coll Unit 0. 5 Hp Carrier 40FS160- 300 CU-5 Condensing Unit 10Ton Trane TTA120C- 400AA CU-8 Condensing Unit 10Ton Trane TTA120B- 400BA FC-7 Air Handler 5 Hp Magic Air 120- BHW- 6 EFF-3 Exhaust Fan 1. 5 Hp Penn Centrex Finance Ceiling Air Handler 5 Hp Magic Air 120- BHX- 6 Finance Ceiling Exhaust Fan 1 Hp Penn BF30 EFF-2 Exhaust Fan 0. 5 Hp Penn BF24 Chemical water treatment for cooling tower & water loop. City Hall Annex 7370 Rosanna Street Condensing Unit 4 Ton Carrier 38CKB04. 8510 - S/N1895e-1792 Basic Pkg A/ C Unit 1 Compressor @4 Tons Cooling - CARRIER - 48LH006-500 CH-1 Basic Pkg A/ C Unit 2 Compressors 1@ 20 ton, 1@ 25 Ton Cooling Only; No Heat Pump - MCQUAY - ALR040C - 5RJ0-704400 AC-1 Basic Pkg A/C Unit 1 Compressor @ 4 Tons Cooling only; no heat pump - 4 Ton - Trane - YCH086C3-H08D - K2510-0120D AH-1 AHU SUPPLY FANS MOTOR & 2 COILS - 5 HP EACH - ALADDIN - HC1-18LS - 84250 & 84251 B1 Boiler water-gas/electric BTUH In Out Blank - Rite - 36 - 8720-530 B1 Boller water - gas/electric BTUH in 399,000 out 327,180 - Raypack - W1-0403B- BCDRBDA - 93111-11586 PNEU/VLVS/Actuators (15) throughout building Expansion tanks (2) chilled/hot water - various Docusign Envelope ID: 78BC5077-D2B9-4B9F-924E-C8C2119D1B09Docusign Envelope ID: E222008B-4DA6-48C2-AAC8-C3DB73EBB59C -4- 4835-2267-0361v1 LAC\04706083 Corporation Yard Admin Building 613 Old Gilroy Street AC1 3. 5 Ton Trane YCC042F3MOBG 346511E1H AC2 2. 5 Ton Trane YCC03OFlM0BJ 3481GPAlH AC3 5 Ton Trane YSC060A4RMA18D 350100150L AC4 3 Ton Trane YSCO36A3RLA12DOOOA 350100039L AC5 1.5 Ton Trane YCC018F1LOBH 3302NSR2H AC6 18 Ton Trane YCD18O64LOH6 343100983D EF2 Exhaust Fan 1/ 30 H. P. D. D. Greenheck 6- 065- DGEX- D 03K16448 EF1 Exhaust Fan 1/ 3 H. P. Greenheck 66- 131- 3- X 031. 20646 EF3 Exhaust Fan 1/ 30 H. P. D. D. Greenheck 6- 075DGEX- 90 03L12634 Thermostats - Various digital Honeywell Corporation Yard Fleet Building 613 Old Gilroy Street Heater 75 MBTU Ambl- Rad SCER- 70- 22 2077803802 Heater 75 MBTU Ambl- Rad SCER- 7GX- 22 2077803809 Heater 75 MBTU Ambl- Rad SCER- 7GX- 22 2077803819 Heater 75 MBTU Ambl- Rad SCER- 7GX- 22 2077803808 Heater 75 MBTU Ambi-Rad SCER- 7GX- 22 2077803815 Heater 75 MBTU Ambl- Rad SCER- 7GX- 22 2077803807 Exhaust Fan Belt2- AP72 Greenheck BSO- 240- 30-X 04A17708 Split A/ C EMI Ductless SHC24DFOOOOAAD 1. 03- M- 6594 Swamp Cooler ESS30E H03150228 Swamp Cooler ES830E H03150225 Swamp Cooler ES830E J03030110 Docusign Envelope ID: 78BC5077-D2B9-4B9F-924E-C8C2119D1B09Docusign Envelope ID: E222008B-4DA6-48C2-AAC8-C3DB73EBB59C -5- 4835-2267-0361v1 LAC\04706083 Las Animas Fire Station 8383 Wren Ave Cond Unit 4Ton Carrier 38G504- 8300 D876- 870 Hanging Heaters Window Unit cut -to -size air filter media 1 Ton Reznor and Amcor 114ARL6Z 1638 Window Unit cut -to -size air filter media 1 Ton Carrier Fan Coll Unit, Furnace, Filter Media Carrier 58GC125- 2A 17A82- 349 Associated controls for above equipment Las Animas Veterans Park Recreation Building 400 Mantelli Drive Air Handler Westinghouse B5BM- T49K- C B5D070612810 Condensing Unit Westinghouse FT5BD- 04815 FTA070403533 Thermostat White -Rodgers 1F82- 261 Museum 195 Fifth Street Condensing Unit 5 Ton Bryant C13060AA 0905701070 Gas Furnace/ Fan toll 5 Ton Bryant 1JAV060155AAJA FH7600 3102A31215 Thermostat Honeywell - RTH7600 Police Department 7301 Hanna Street AC-1 McQuay RDT060CLW F80005070008302 AC2 McQuay RDTO60CLW FBOU05070008402 AC3 McQuay RDT060CLW F80UO5070008502 EF-2 10 HP Greenheck 36- B1SW- 21-S-10- 1 5123458 EF-1 10 HP Greenheck 49- B1SW- 21-S-10- 1 5121262 EF-12 Greenheck SWB- 227. 30-CW- TH-X 5122624 EF-16 Greenheck 44- B1SW- 21-X-10- 1 5123460 Docusign Envelope ID: 78BC5077-D2B9-4B9F-924E-C8C2119D1B09Docusign Envelope ID: E222008B-4DA6-48C2-AAC8-C3DB73EBB59C -6- 4835-2267-0361v1 LAC\04706083 SF-1 Greenheck 44- B1SW- 21-X- 10- 1 5123461 EF-3 Greenheck SWB- 224- 50-CCW- TH-X 5122483 EF-4 Greenheck SWB- 113-10-UB- 1 5122486 EF-10 Greenheck SWB- 216- 20- CW- TH- X 5122476 EF-14 Greenheck SWB- 210- 10- CW- UB- X 5122493 EF-13 Greenheck SWB- 210. 10-CW- UB-X 5122469 EF-15 Greenheck SWB- 110- 5-CW- TH-X 5122484 EF-11 Greenheck SWB- 113- 7-CW- TH-X 5122485 2-Boiler Boilers RayPack 239572 508239572 2-Taco 5 HP Pumps 110 GPM 75 ft Taco F12009E2EA71LOA Vays/Actuators (70) floating actuators various Reheats/Actuators (70) floating actuators various Expansion Tank (1) Garage Condensing Unit Carrier 38BNB024311 0405V87642 Garage Electrical Room Ductless Fan Coll Carrier 40BN8024301 2005V07603 San Ysidro Park Recreation Building 7700 Murray Avenue Package Unit electric Carrier I 50HS-048-311AA | 359BG43281 Thermostat Senior Center 7371 Hanna Street Gas/ Elec A/ C 4 Ton Day & night PGD44809oK801C1 C110635658 Gas/ Elec A/ C 4Ton Day & night PGD448090K801C1 C111354211 CV-5 Condensing Unit 4 Ton Day & night 565BJ048 528GA- 14569 CV-6 Condensing Unit 4 Ton Day & night 565BJ048 2787A-08592 Docusign Envelope ID: 78BC5077-D2B9-4B9F-924E-C8C2119D1B09Docusign Envelope ID: E222008B-4DA6-48C2-AAC8-C3DB73EBB59C -7- 4835-2267-0361v1 LAC\04706083 CV-7 Condensing Unit 2Ton Day& night 565BJ024 2387A- 11710 CV-8 Condensing Unit 4 Ton Day & night 565BJ048 2187A- 12950 HV-5 Horizontal Furnace w/ DX coil 4 Ton Day & night HV-1 Gas/ Elec A/ C 15Ton PH150N15N2AAA3C NOD7655843 HV-2 Gas/ Elec A/ C DF120N15N2AAA3L NOC7509937 HV-7 Ceiling 1 Horizontal Furnace w/ DX Coll 2 Ton Day & night 376BAWO- 24040 2787C- 46670 HV-6 Ceiling 1 Horizontal Furnace w/ DX coil 4 Ton Day & night 376BAWO- 4807 0587C- 63135 HV-8 Horizontal Furnace w/ DX coil 4 Ton Day & night 3768AWO- 48075 3186C- 83531 Independent thermostats (all) Sunrise Fire Station 880 Sunrise Drive AC-1 Gas/ Pac Carrier 48GXN036060501 410BG21253 AC-2 Gas/ Pac Carrier 48HJE005-- 651 450BG20120 AC-3 Gas/ Pac Carrier 48GXN024040311 2903G31113 AC-4 Gas/ Pac Carrier 48HJE005-•- 651 3203G10267 EF-15 Exhaust Fan Penn D- 22 EF-16 Exhaust Fan Penn D- 22 CU-1 Split System Carrier 38HDCO24- 341 240BX70663 Server Rm AHU-1 Ductless Cooling Carrier 40QNBO24 1803Y40268 AHU-2 Ductless Cooling Carrier 40QNE009100 3003Y40998 CU-2 Cooling Carrier 3813K009130 2903Y10521 Electrical Room Exhaust Fan Apparatus East Heater Reznor UDAP75- S EBCJ79X7H76641X Apparatus West Heater Reznor UDAP75- 5 EBCJ79X7H76640X Docusign Envelope ID: 78BC5077-D2B9-4B9F-924E-C8C2119D1B09Docusign Envelope ID: E222008B-4DA6-48C2-AAC8-C3DB73EBB59C -8- 4835-2267-0361v1 LAC\04706083 Apparatus Back West Heater Reznor UDAP75- S EBC179X7H76644X Apparatus Back Heater Reznor UDAP75- S EBC179X7H76642X Bath Ceiling (4) Exhaust Fan Penn Zephyr Janitorial Closet Exhaust Fan Penn Zephyr Kitchen Exhaust Fan Penn Zephyr Independent thermostats for the above Wheeler Community Center Gas heaters RUUD UGDC- 07NC- GR GN4D202F5084- 2824 Gas heaters RUUD UGDC- 07NC- GR GN4D202F5084- 2802 Gas heaters RUUD UGDC- 07NC- GR GN4D202F5084- 2815 Gas heaters RUUD UGDC- 07NC- GR GN40202F5084. 2099 Package Unit Gas Carrier 4885- 036060331AA 187G10857 Package Unit Gas Carrier 48GS- 060090301 0600G10024 Package Unit Gas York D2CG036N04106A NBWM103512 mfg2/ 89 Associated controls for above Willie House 140 Fifth Street Condensing Unit BDP Co 561CJ036-D - 3596E09747 Gas Furnace/ Fan Coil Day & Night 376CAV048115 1296A080000 Thermostat Docusign Envelope ID: 78BC5077-D2B9-4B9F-924E-C8C2119D1B09Docusign Envelope ID: E222008B-4DA6-48C2-AAC8-C3DB73EBB59C -1- 4835-2267-0361v1 LAC\04706083 EXHIBIT “C” MILESTONE SCHEDULE This is a three year contract beginning on May 1, 2025, and will continue in effect through April 30, 2028, with an option to renew for two additional years upon agreement with the Contractor and the City, unless terminated in accordance with the provisions of article 7 of this agreement. Docusign Envelope ID: 78BC5077-D2B9-4B9F-924E-C8C2119D1B09Docusign Envelope ID: E222008B-4DA6-48C2-AAC8-C3DB73EBB59C 4835-2267-0361v1 LAC\04706083 EXHIBIT “D” PAYMENT SCHEDULE 12 monthly payments totaling $171,259 will be paid for year 1, 12 monthly payments totaling $179,822 in year 2, and 12 monthly payments totaling $188,813 will be paid in year 3. Docusign Envelope ID: 78BC5077-D2B9-4B9F-924E-C8C2119D1B09Docusign Envelope ID: E222008B-4DA6-48C2-AAC8-C3DB73EBB59C Docusign Envelope ID: E222008B-4DA6-48C2-AAC8-C3DB73EBB59C Docusign Envelope ID: E222008B-4DA6-48C2-AAC8-C3DB73EBB59C Docusign Envelope ID: E222008B-4DA6-48C2-AAC8-C3DB73EBB59C Docusign Envelope ID: E222008B-4DA6-48C2-AAC8-C3DB73EBB59C DRAFT Page 1 of 6 City of Gilroy City Council Regular Meeting Minutes Monday, April 21, 2025 | 6:00 PM 1. OPENING 1.1. Call to Order The meeting was called to order at 6:09 PM. 1.2. Pledge of Allegiance The Pledge of Allegiance was led by Council Member Ramirez. 1.3. Invocation None. 1.4 City Clerk's Report on Posting the Agenda City Clerk Atkins Reported that the agenda was posted on Friday, April 18, 2025 at 10:37 A.M. 1.5. Roll Call Attendance Attendee Name Present Dion Bracco, Council Member Tom Cline, Council Member Kelly Ramirez, Council Member Greg Bozzo, Mayor Absent Terence Fugazzi, Council Member Zach Hilton, Council Member Carol Marques, Council Member 1.6. Orders of the Day Mayor Bozzo announced that the districting public hearing item will be heard at 7:00 PM. 1.7. Employee Introductions Police Chief Espinoza introduced three promoted employees: Sergeant Diana Casey, Sergeant Daniel Pineda, and Captain Lamonte Toney 2. CEREMONIAL ITEMS - Proclamations and Awards None. 3. COUNCIL CORRESPONDENCE (Informational Only) None. Docusign Envelope ID: E222008B-4DA6-48C2-AAC8-C3DB73EBB59C April 21, 2025 | 6:00 PM Page 2 of 6 City Council Regular Meeting Minutes 4. PRESENTATIONS TO THE COUNCIL 4.1. 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. Robert Butler - Commented about his personal history in Gilroy and informed the Council about an art exhibit and fundraising for the South County Compassion Center for the May 2nd fundraising concert, and a kids drama club at the Gilroy Arts Center. Elaine Gooding - Commented about issues encountered at the Garlic Farm RV Park and previous efforts to resolve the ongoing issues. Eric Rodriguez - From Silicon Valley Clean Energy - reported on community benefits for the City’s membership with SVCE. Emily Miller - Commented about her membership as a Parks and Recreation Commission and their proposed workplan. Ron Kirkish - Commented about the SVCE presentation and his concerns with the original promise of green energy and current energy procurement practices. With no further speakers, Mayor Bozzo closed public comment. 5. REPORTS OF COUNCIL MEMBERS Council Member Bracco – Reported on the Library Joint Powers Authority Finance Committee that it is in excellent financial shape and addressed incorrect rumors on the future of the Library District. Council Member Ramirez – Nothing to report. Council Member Cline – Nothing to report. Mayor Bozzo – Nothing to report. 6. CONSENT CALENDAR 6.1. Approval of the Action Minutes of the April 7, 2025 City Council Special Meeting and the April 7, 2025 City Council Regular Meeting 6.2. Approval of a Notice of Acceptance of Completion for the FY25 Annual Citywide Curb Ramp Project No. 25-PW-290 and Approval of a Final Contract Amount of $403,574 6.3. Consent to the Appointment of Rob Fleeup as Fire Chief 6.4. Claim of Helen Witter (The City Administrator recommends a "yes" vote under the Consent Calendar shall constitute denial of the claim) Docusign Envelope ID: E222008B-4DA6-48C2-AAC8-C3DB73EBB59C April 21, 2025 | 6:00 PM Page 3 of 6 City Council Regular Meeting Minutes Mayor Bozzo opened public comment. With no speakers present, Mayor Bozzo closed public comment. Motion: APPROVE RESULT: Pass MOVER: Kelly Ramirez, Council Member SECONDER: Tom Cline, Council Member AYES: Council Member Bracco, Council Member Cline, Council Member Ramirez, Mayor Bozzo 7. BIDS AND PROPOSALS 7.1. Award a Three-Year Contract to Honeywell International Inc., for HVAC Maintenance Services, in the amount of $620,878 Motion: AWARD CONTRACT RESULT: Pass MOVER: Tom Cline, Council Member SECONDER: Dion Bracco, Council Member AYES: Council Member Bracco, Council Member Cline, Council Member Ramirez, Mayor Bozzo Mayor Bozzo opened public comment. With no speakers present, Mayor Bozzo closed public comment. 8. PUBLIC HEARINGS 8.1. Introduction of an Ordinance of the City Council of the City of Gilroy Amending Chapter 16.6-1(p) Cardroom, Table Restrictions Mayor Bozzo opened the Public Hearing at 6:47 PM. With no speakers present, Mayor Bozzo closed the Public Hearing at 6:48 PM. Motion: READ TITLE ORDINANCE AND WAIVE FURTHER READING and INTRODUCE AN ORDINANCE RESULT: Pass MOVER: Dion Bracco, Council Member SECONDER: Kelly Ramirez, Council Member AYES: Council Member Bracco, Council Member Cline, Council Member Ramirez, Mayor Bozzo 8.2. Public Hearing to Establish a List of Properties Subject to the Weed Abatement Program and Adoption of a Resolution Authorizing the Fire Docusign Envelope ID: E222008B-4DA6-48C2-AAC8-C3DB73EBB59C April 21, 2025 | 6:00 PM Page 4 of 6 City Council Regular Meeting Minutes Chief to Abate the Nuisance Arising Out of Weeds Growing and Refuse Accumulating Upon Property in the City of Gilroy Pursuant to Section 12.51 of the Gilroy Code Mayor Bozzo opened the Public Hearing at 6:50 PM. With no speakers present, Mayor Bozzo closed the Public Hearing at 6:51 PM. Motion: ADOPT the resolution RESULT: Pass MOVER: Tom Cline, Council Member SECONDER: Dion Bracco, Council Member AYES: Council Member Bracco, Council Member Cline, Council Member Ramirez, Mayor Bozzo 8.3. Hold the Fourth Public Hearing Regarding the City's Transition from an At- Large to a District-Based Elections System for the Purpose of Receiving the Demographer’s Presentation on the Transition Process, the Information Received Regarding Communities of Interest in the City, the Possible Contours of Six Districts, the Drawing of Maps by Redistricting Partners, the Review of Maps Submitted on the City’s Website and by Other Means, and the Presentation of Legally Compliant Draft Maps to the City Council for the Six New Districts, as well as the Order of Elections for the 2026 and 2028 Elections This item was heard after Item No. 10.1. Mayor Bozzo opened the Public Hearing at 7:22 PM. Joanne Fierro – Commented that the east side should not be split into two, and that Draft Maps A and D are the best two maps. With no further speakers, Mayor Bozzo closed the Public Hearing at 7:23 PM. The Council directed that map JH06 be elevated as Draft. After some Council discussion, the Public Hearing was re-opened at 7:28 PM Sally Armendariz – Commented that JH06 would divide the Latino community, and that the east side prefers Draft Maps A and D. Gretchen Yodershock – Commented that she lives in the Wren area and prefers Draft Map A because she likes her neighborhood not being linked to Eagle Ridge, and that the east side should be kept as one solid voting block with shared interests. Andrea Altamirano – Commenting on behalf of CARAS about the importance of fair and equitable elections, and advocated support for Draft Maps A and D. With no additional speakers, Mayor Bozzo re-closed the Public Hearing at 7:32 Docusign Envelope ID: E222008B-4DA6-48C2-AAC8-C3DB73EBB59C April 21, 2025 | 6:00 PM Page 5 of 6 City Council Regular Meeting Minutes PM. Motion: APPROVE to move the final decision on districting from May 5, 2025 to May 19, 2025. RESULT: Pass MOVER: Tom Cline, Council Member SECONDER: Kelly Ramirez, Council Member AYES: Council Member Bracco, Council Member Cline, Council Member Ramirez, Mayor Bozzo 9. UNFINISHED BUSINESS 10. INTRODUCTION OF NEW BUSINESS 10.1. Quality-of-Life Police Officer Program This item was heard after Item No. 8.2 Mayor Bozzo opened public comment. Ron Kirkish – Commented on blight at certain locations and thanked the Police Chief, Council, and City Administrator for addressing it, but that it took effort to get friendly attention on the matter as a third-party reporter. Maria Aguilar – Commented that it is great to have the Quality-of-Life Officers, but that the money can be used in a better way and should be refocused on service provision. With no additional speakers, Mayor Bozzo closed public comment. 10.2. Consideration of a City Logo Policy Mayor Bozzo opened public comment. Maria Aguilar – commented that she wants the Council to consider in the policy grassroots non-profit organizations regarding use of the logo. With no further speakers, Mayor Bozzo closed public comment. Council provided staff with direction. 11. FUTURE COUNCIL INITIATED AGENDA ITEMS None. 12. CITY ADMINISTRATOR'S REPORTS 12.1. Santa Teresa Fire Station Update 12.2. Media Training for Elected Officials City Administrator Forbis reported about the Gilroy Foundation granting funds to Docusign Envelope ID: E222008B-4DA6-48C2-AAC8-C3DB73EBB59C April 21, 2025 | 6:00 PM Page 6 of 6 City Council Regular Meeting Minutes the Recreation Division, and that a more comprehensive update will be provided at the next Council Meeting. Communications and Engagement Manager Bedell provided media training for the City Council. 13. CITY ATTORNEY'S REPORTS None. 14. CLOSED SESSION None. 15. ADJOURN TO OPEN SESSION Report of any action taken in Closed Session and vote or abstention of each Council Member if required by Government Code Section 54957.1 and GCC Section 17A.13(b); Public Report of the vote to continue in closed session if required under GCC Section 17A.11(5). 16. ADJOURNMENT With no additional business before the Council, the meeting was adjourned at 8:03 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 May 5, 2025. /s/Bryce Atkins Acting City Clerk Docusign Envelope ID: E222008B-4DA6-48C2-AAC8-C3DB73EBB59C