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HomeMy WebLinkAbout2016-08-24 e-packet@7:00Wednesday, August 24, 2016 7:00 PM City of South San Francisco P.O. Box 711 South San Francisco, CA Municipal Services Building, Council Chambers 33 Arroyo Drive, South San Francisco, CA City Council Regular Meeting Agenda August 24, 2016City Council Regular Meeting Agenda PEOPLE OF SOUTH SAN FRANCISCO You are invited to offer your suggestions. In order that you may know our method of conducting Council business, we proceed as follows: The regular meetings of the City Council are held on the second and fourth Wednesday of each month at 7:00 p.m. in the Municipal Services Building, Council Chambers, 33 Arroyo Drive, South San Francisco, California. The City Clerk will read successively the items of business appearing on the Agenda. As she completes reading an item, it will be ready for Council action. MARK ADDIEGO, Mayor PRADEEP GUPTA, Vice Mayor KARYL MATSUMOTO, Councilwoman RICHARD A. GARBARINO, Councilman LIZA NORMANDY, Councilwoman FRANK RISSO, City Treasurer KRISTA MARTINELLI, City Clerk MIKE FUTRELL, City Manager JASON ROSENBERG, City Attorney PLEASE SILENCE CELL PHONES AND PAGERS HEARING ASSISTANCE EQUIPMENT AVAILABLE FOR USE BY THE HEARING IMPAIRED AT CITY COUNCIL MEETINGS In accordance with California Government Code Section 54957.5, any writing or document that is a public record, relates to an open session agenda item, and is distributed less than 72 hours prior to a regular meeting will be made available for public inspection in the City Clerk’s Office located at City Hall. If, however, the document or writing is not distributed until the regular meeting to which it relates, then the document or writing will be made available to the public at the location of the meeting, as listed on this agenda. The address of City Hall is 400 Grand Avenue, South San Francisco, California 94080. Page 2 City of South San Francisco Printed on 10/14/2016 August 24, 2016City Council Regular Meeting Agenda CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE AGENDA REVIEW PRESENTATIONS Proclamation recognizing September as Childhood Cancer Awareness Month in memory of Juliana Pena presented to Patricia Watson and Jesus Peña of Juliana's Journey Foundation. (Liza Normandy, Councilmember) 1. Proclamation honoring the 40th Anniversary of Genentech accepted by Carla Boragno, Genentech Vice President of Site Services. Presentation on FutureLab by Kristin Campbell Reed, Genentech Director of Corporate & Employee Giving. (Mark Addiego, Mayor) 2. Recognition of Justin Lovell, Public Works Administrator for his successful completion of the Emerging Leaders Development Program with the International City/County Management Association (ICMA). (Brian McMinn, Director of Public Works/City Engineer and Liza Normandy, Councilmember) 3. PUBLIC COMMENTS COUNCIL COMMENTS/REQUESTS Resolution urging Union Pacific Railroad Cooperation with Republic-Metropolitan on Caltrain Station Development. (Rich Garbarino, Councilmember) 4. PUBLIC HEARING Report regarding Second Amendment to a Development Agreement between ARE-San Francisco No. 12, LLC, ARE-San Francisco No. 44, LLC, and ARE-San Francisco No. 46, LLC, and the City of South San Francisco to allow for a two-year extension of the Development Agreement for the previously entitled Office/R&D Project at 249 - 289 East Grand Avenue in the Business Technology Park (BTP) Zoning District in accordance with SSFMC Chapters 19.60 & 20.110. (Sailesh Mehra, Planning Manager) 5. Waive reading of Ordinance adopting the Second Amendment to the Development Agreement for the Office/R&D Campus at 249 - 289 East Grand Avenue. 5a. LEGISLATIVE BUSINESS Page 3 City of South San Francisco Printed on 10/14/2016 August 24, 2016City Council Regular Meeting Agenda Report regarding an Ordinance amending section 2.16.010 of the South San Francisco Municipal Code to consolidate municipal elections with statewide elections beginning in 2018, as mandated by Senate Bill 415. (Jason Rosenberg, City Attorney and Krista Martinelli, City Clerk) 6. Ordinance amending Section 2.16.010 of the South San Francisco Municipal Code to change municipal elections to comply with SB 415. 6a. ADMINISTRATIVE BUSINESS Report regarding Assembly Bill 2586 (Gatto) and Assembly Bill 1362 (Gordon) for review and discussion by City Council. (Rosa Acosta, Management Analyst) 7. Report regarding a resolution approving a consulting services agreement with Primex Municipal Water Control Solutions of Vacaville, California for the calibration, maintenance, and service of electrical instrumentation and Supervisory Control and Data Acquisition (SCADA) equipment at the Water Quality Control Plant and pumping stations for three years in an amount not to exceed $185,000 per year, beginning fiscal year 2016-2017. (Brian Schumacker, Water Quality Control Plant Superintendent) 8. Resolution approving a consulting services agreement with Primex Municipal Water Control Solutions of Vacaville, California, for the calibration, maintenance, and service of electrical instrumentation and Supervisory Control and Data Acquisition (SCADA) equipment at the Water Quality Control Plant and pumping stations for three years in an amount not to exceed $185,000 per year, beginning Fiscal Year 2016-2017. 8a. Report regarding a resolution authorizing a change in scope and construction contingency budget to pay for contract change orders in an amount not to exceed $87,288 and accepting the Los Cerritos School West Orange Improvement Project as complete in accordance with the plans and specifications (Total Construction Cost $444,534). (Patrick Caylao, Associate Civil Engineer) 9. Resolution authorizing a change in scope and construction contingency budget to pay for contract change orders in an amount not to exceed $87,288 and accepting the Los Cerritos School West Orange Improvement Project as complete in accordance with the plans and specifications (Total Construction Cost $444,534). 9a. Page 4 City of South San Francisco Printed on 10/14/2016 August 24, 2016City Council Regular Meeting Agenda Report regarding a resolution approving a Second Amendment to an existing consulting services agreement with Mark Thomas & Company, Inc. for additional design services for the replacement of the South Airport Boulevard Bridge at North Access Road Project, in an amount not to exceed $115,100, increasing the consultant services agreement to a total not to exceed amount of $490,875. (Sam Bautista, Principal Engineer) 10. Resolution approving a Second Amendment to an existing consulting services agreement with Mark Thomas & Company, Inc. for additional design services for the replacement of the South Airport Boulevard Bridge at North Access Road Project, in an amount not to exceed $115,100, increasing the consultant services agreement to a total not to exceed amount of $490,875. 10a. Report regarding a resolution authorizing the City Manager to execute a Consulting Services Agreement with Dyett & Bhatia in an amount not to exceed $194,556 for environmental analysis and master planning revisions to the El Camino Real/Chestnut Avenue Area Plan. (Sailesh Mehra, Planning Manager) 11. Resolution authorizing the City Manager to execute a Consulting Services Agreement with Dyett & Bhatia of San Francisco, California, in an amount not to exceed $194,556 for environmental analysis and master planning revisions to the El Camino Real/Chestnut Avenue Area Plan. 11a. CONSENT CALENDAR Motion to approve the minutes from the meeting of August 10, 2016.12. Motion confirming payment registers for August 24, 2016. (Richard Lee, Finance Director) 13. Report regarding a resolution approving a Memorandum of Agreement between the City of South San Francisco and the San Mateo County Flood Control District for shared maintenance services of the Colma Creek Flood Channel and amending the Public Works Department Fiscal Year 2016-2017 operating and revenue budget in an amount of $33,000. (Justin Lovell, Public Works Administrator) 14. Resolution approving a Memorandum of Agreement between the City of South San Francisco and the San Mateo County Flood Control District for shared maintenance services of the Colma Creek Flood Control Channel and amending the Public Works Department Fiscal Year 2016-2017 Operating Budget by $33,000. 14a. Page 5 City of South San Francisco Printed on 10/14/2016 August 24, 2016City Council Regular Meeting Agenda Report regarding a resolution authorizing the acceptance of $9,853.21 in donations and grants to support the Library’s Summer Learning Challenge and Community Learning Center (CLC) programs and amending the Library Department’s Fiscal Year (FY) 2016-2017 Operating Budget. (Valerie Sommer, Library Director) 15. Resolution authorizing the acceptance of $9,853.21 in donations and grants to support the Library’s Summer Learning Challenge and Community Learning Center programs and amending the Library Department’s Fiscal Year (FY) 2016-2017 Operating Budget. 15a. Report regarding a resolution accepting $70,000 from the State of California, Office of Traffic Safety for the “Selective Traffic Enforcement Program” to be used for personnel overtime and training expenses and amend the Police Department’s Operating Budget for Fiscal Year 2016-2017. (Jeff Azzopardi, Police Chief) 16. Resolution accepting $70,000 from the State of California, Office of Traffic Safety for the “Selective Traffic Enforcement Program” to pay for personnel overtime, and training expenses and to amend the Police Department’s Operating Budget for Fiscal Year 2016-2017. 16a. Cancellation of the Regular City Council Meeting of September 14, 2016. (Mike Futrell, City Manager) 17 CLOSED SESSION Closed Session: Conference with Real Property Negotiators (Pursuant to Government Code Section 54956.8) Properties: 380 Alta Vista Drive, South San Francisco Agency Negotiators: Alex Greenwood and Ron Gerber Negotiating Parties: City of South San Francisco and Marcelo Wong and Qi Tang. Under Negotiation: Price and terms for disposition of the property. 18. ITEMS FROM COUNCIL – COMMITTEE REPORTS AND ANNOUNCEMENTS ADJOURNMENT Page 6 City of South San Francisco Printed on 10/14/2016 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:16-717,Version:1 Proclamation recognizing September as Childhood Cancer Awareness Month in memory of Juliana Pena presented to Patricia Watson and Jesus Peña of Juliana's Journey Foundation.(Liza Normandy, Councilmember) City of South San Francisco Printed on 8/19/2016Page 1 of 1 powered by Legistar™ SEPTEMBER IS CHILDHOOD CANCER AWARENESS MONTH WHEREAS, Childhood cancer spares no one, affecting kids across all ages, ethnic groups and socio-economics; and WHEREAS, Cancer remains the number one cause of death by disease in children; and WHEREAS, despite major advances – every day, 43 children are diagnosed with cancer, with the average age being six years old, and more than 40,000 children undergo treatment for cancer each year; and WHEREAS, Juliana’s Journey Foundation was formed to help identify and generate funding for researchers to create less invasive, non-damaging treatment and more successful therapies for childhood cancer, specifically neuroblastoma, by the parents of Juliana Peña, who at the tender age of 2-1/2, lost her courageous battle against relapsed neuroblastoma in February of 2012; and WHEREAS, Juliana’s Journey Foundation is on a mission to bring awareness of neuroblastoma and childhood cancer by asking elected officials and municipalities to recognize September as Childhood Cancer Month by going “Gold”; and WHEREAS, observing Childhood Cancer Awareness Month during the month of September will provide a special opportunity to offer education on the importance of supporting the funding of clinical trials like the collaboration between UCSF and the New Approaches to Neuroblastoma Therapy Consortium; and WHEREAS, The City of South San Francisco is committed to raising awareness about childhood cancer with the hope that a cure for this deadly disease will be found. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of South San Francisco does hereby recognize the need for funding and awareness for childhood cancer and wishes to honor and support, on behalf of Juliana’s Journey Foundation, “Going Gold” for the Month of September. ________________________________ Mark Addiego, Mayor ________________________________ Pradeep Gupta, Vice Mayor ________________________________ Karyl Matsumoto, Councilmember ________________________________ Richard Garbarino, Councilmember ________________________________ Liza Normandy, Councilmember Dated: August 24, 2016 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:16-672,Version:1 Proclamation honoring the 40th Anniversary of Genentech accepted by Carla Boragno, Genentech Vice President of Site Services. Presentation on FutureLab by Kristin Campbell Reed, Genentech Director of Corporate & Employee Giving.(Mark Addiego, Mayor) City of South San Francisco Printed on 8/24/2016Page 1 of 1 powered by Legistar™ FUTURELAB Kristin Campbell Reed August 24, 2016 The work we do goes beyond science. It champions environmental sustainability, community and our people. It brings us together to do something that’s bigger than all of us. It’s our employees who make this happen. And we strive to do better every day. 2 47th 50th 35th Education is lagging in California 47th 50th Per-pupil Spending 35th Math & Reading Scores Staff-to-Student Ratio 5 Introducing Futurelab Click here for video link on YouTube FuturelabGoals •Improve quality of Science Education in our backyard •Increase student connectivity to biotechnology •Create awareness and excitement about potential career paths •Support long term priority of increasing diversity in STEM •Engage employees to do good 6 FPO Full-bleedimage Hyper-local Hands-on Mentoring 10 SSFUSD & GNE Partnership $500 grant via DonorsChooseto every SSF classroom ($130K raised) Professional development for all SSF Science Teachers 8,000+ students enjoying science field trips Two $50K scholarships to study STEM Over 1,300+ employee volunteers annually Futurelabhighlights 12 GENEACADEMY "Science is fun!” Weekly onsite 1:1 mentoring program for elementary students HELIX CUP "I can do science!” Annual science competition for middle school students SCIENCE GARAGE "I'll work in science!" Enhanced biotech curriculum and scholarships for high school students Futurelabaims to bring science alive for all students in the SSFUSD, and is focused on hands-on science at every grade level. Futurelab GENEACADEMY Weekly homework help & hands-on science activities 170 3rd –5th graders each week, October –May 340 Genentech Mentors volunteer one hour, twice per month 14 1515 HELIXCUP A science competition that inspires creativity & teamwork Every 8th grader in SSFUSD, February –May 160 Genentech Coaches commit three hours per month What’s Next? Science Garage: Biotech teaching lab 17 Science Garage: CA State-approved biotech curriculum 18 BIOTECH 3 BIOTECH 4 BIOTECH BIOTECH 1 2 •Standard lab procedures •Safety, documentation, scientificnotebooks •Micropipetting, pipetting, mass measurement •DNA isolation & gel analysis •rDNA technology and recombinant protein production •Assay development, VIS spectrophotometry, gel electrophoresis •E.Coli transformation •Plant breeding,asexual plant propagation •Statistical analysis •Plant DNA and protein extractions •UV spectrophotometry •Organic synthesis •Protein analysis (gels, western blots, ELISA, column chromatography) •DNAanalysis (DNA synthesis, PCR, DNA sequencing) Curriculum sparked student interest in biotech 19 The field of biotechnology [One student] probably always felt like science was closed off to him and inaccessible…but you should have seen him light up and be engaged. -Teacher Interest in science before the unit (n=618) Interest in science after the unit (n=617) Interest in biotech before the unit (n=612) (1) Not at all interested Extremely Interested (5) Interest in biotech after the unit (n=614) 2.6 3.1 2.4 3.2 On average, students reported increases in their interest in biotech and science over the course of the unit. These differences are statistically significant at p<.001. This is the third time [one of my students] has taken Biology. Hewas actually my top-performing student in the biotech unit… I would’ve been amazed if it was, “Oh wow, he’s actually engaged in this.” But it was, “No, he’s actually the top in this period and he’s teaching the other kids.” -Teacher 21 THANKYOU Dated: August 24, 2016 40th ANNIVERSARY OF GENENTECH WHEREAS, in April 1976 biochemist Herb Boyer and venture capitalist Bob Swanson started the first biotechnology company, Genentech; and WHEREAS, the founding of this start-up company in South San Francisco would go on to create a worldwide industry; and WHEREAS, Genentech began life in a warehouse in the industrial area of South San Francisco to be close to major sources of new biotech talent and the venture capital community of Palo Alto; and WHEREAS, Genentech eventually grew to a 60-building campus, the largest single biotech research facility in the world; and WHEREAS, Genentech has progressed from early experiments in making human insulin to exploring new frontiers in cancer immunotherapy, making scientific discoveries, forming transformative partnerships, and learning from challenges faced; and WHEREAS, throughout the last forty years, Genentech would change the lives of millions of people facing life-threatening illnesses around the world; and WHEREAS, in an effort to keep patients at the forefront of their efforts, Genentech founded a Genentech Access to Care Foundation to ensure people in need can receive medications, succeeding in assisting more than 1.4 million people; and WHEREAS, Genentech supports the community through various partnerships, donations, and volunteer projects; and WHEREAS, as a member of the Roche Group, Genentech continues its pursuit of groundbreaking science, dedication to patient care, and creating a great place to work. NOW THEREFORE, the City Council of the City of South San Francisco does hereby recognize the 40th Anniversary of Genentech and celebrates the accomplishments, partnerships, and future of Genentech. ________________________________ Mark Addiego, Mayor ________________________________ Pradeep Gupta, Vice Mayor ________________________________ Richard Garbarino, Councilmember ________________________________ Karyl Matsumoto, Councilmember ________________________________ Liza Normandy, Councilmember City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:16-664,Version:1 RecognitionofJustinLovell,PublicWorksAdministratorforhissuccessfulcompletionoftheEmerging LeadersDevelopmentProgramwiththeInternationalCity/CountyManagementAssociation(ICMA).(Brian McMinn, Director of Public Works/City Engineer and Liza Normandy, Councilmember) City of South San Francisco Printed on 8/22/2016Page 1 of 1 powered by Legistar™ CITY OF SOUTH SAN FRANCISCO Certificate of Recognition JUSTIN LOVELL Public Works Administrator The South San Francisco City Council does hereby congratulate you for your completion of the Emerging Leaders Development Program offered by the International City / County Management Association. Thank you for your dedication and commitment; you are an inspiration to our community. Presented 24th of August 2016 by the City Council of South San Francisco. Mark Addiego, Mayor Pradeep Gupta, Vice Mayor Richard Garbarino, Councilmember Karyl Matsumoto, Councilmember Liza Normandy, Councilmember City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:16-710,Version:1 Resolution urging Union Pacific Railroad Cooperation with Republic-Metropolitan on Caltrain Station Development. (Rich Garbarino, Councilmember) WHEREAS, the City of South San Francisco has expended money, time, and attention upon the reshaping and redevelopment of its historic downtown and nearby properties; and WHEREAS, such effort and attention have included the real property owned and operated by the Peninsula Corridor Joint Powers Authority (Caltrain), specifically respecting plans for intersection of new downtown development and the Caltrain station, which include pedestrian passages and a new Caltrain station for the benefit and convenience of the public at large; and WHEREAS, the intent of this resolution is not to pre-determine approval or disapproval of applications to the City of South San Francisco for any necessary development or project permits; and WHEREAS, improved connection of the City of South San Francisco with a new Caltrain station area will provide strong economic development opportunity for downtown South San Francisco; and WHEREAS, opportunity exists for a mutually productive public/private transit-oriented development with much-needed veterans and workforce housing on appropriate sites; and WHEREAS, Union Pacific Railroad owns a little-used spur of real property, particularly well-located for public/private transit-oriented development with potential veterans and workforce preference in residential development; and WHEREAS, Republic family of companies, through Republic-Metropolitan (ReMet) has devoted time and effort to working with the City of South San Francisco since 2015 to produce a model of a public/private transit -oriented development project, including veterans’ housing preference, pursuant to a National Veterans Housing Initiative, whose Advisory Board is chaired by former United States Senator Robert Dole. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of South San Francisco requests Union Pacific Railroad work and cooperate with the City of South San Francisco and Republic-Metropolitan to effectuate such objectives; and BE IT FURTHER RESOLVED, that this resolution shall not constitute a finding of fact or conclusion of intent by the City Council to grant any or all potential applications by Republic-Metropolitan or any affiliated entity to the City of South San Francisco for any entitlement needed to consummate project development at the Caltrain station or the City of South San Francisco itself; and BE IT FURTHER RESOLVED, that this resolution and any relevant facts and information be communicated to Union Pacific Railroad, so that as it pursues its plan to dispose of the aforementioned spur real property, it will do so in a manner which will take advantage of the time, effort, and resources invested in the City’s downtown City of South San Francisco Printed on 8/25/2016Page 1 of 2 powered by Legistar™ File #:16-710,Version:1 development and Caltrain station transit-oriented development by the City of South San Francisco and Republic -Metropolitan. ****** City of South San Francisco Printed on 8/25/2016Page 2 of 2 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:16-631,Version:1 ReportregardingSecondAmendmenttoaDevelopmentAgreementbetweenARE-SanFranciscoNo.12,LLC, ARE-SanFranciscoNo.44,LLC,andARE-SanFranciscoNo.46,LLC,andtheCityofSouthSanFranciscoto allowforatwo-yearextensionoftheDevelopmentAgreementforthepreviouslyentitledOffice/R&DProject at249-289EastGrandAvenueintheBusinessTechnologyPark(BTP)ZoningDistrictinaccordancewith SSFMC Chapters 19.60 & 20.110.(Sailesh Mehra, Planning Manager) RECOMMENDATION ItisrecommendedthattheCityCouncilintroduceanOrdinance(DAA16-0001)amendingthe DevelopmentAgreementbetweenARE-SanFranciscoNo.12,LLC,ARE-SanFranciscoNo.44,LLC, andARE-SanFranciscoNo.46,LLC(collectivelyidentifiedas“ARE”),andtheCityofSouthSan Franciscotoallowforatwo-yearextensionoftheDevelopmentAgreementforthepreviouslyentitled Office/R&D Project at 249 - 289 East Grand Avenue and waive further reading. BACKGROUND OnJuly12,2006,theCityCouncilapprovedaConditionalUsePermit,TransportationDemandManagement Plan(TDM),SignProgram,TentativeMap,DevelopmentAgreement(DA)andPlannedUnitDevelopment Permitforthedevelopmentofthe15.75-acresitelocatedat249-289EastGrandAvenue(“Project”).The Projectconsistsofacampus-styleresearch&development(R&D)complexwithfouroffice/R&Dbuildings totalingapproximately534,500squarefeetwith5,500squarefeetofancillaryretailspace(foratotalof 540,000squarefeet),andafour-levelparkinggarage.Theentitlementapprovalsalsoincludedcertificationof anEnvironmentalImpactReport(EIR)withtheadoptionofaStatementofOverridingConsiderationsand Mitigation Monitoring and Reporting Program. The approved Project was envisioned to be built in four phases, three of which have already been built: ·PhaseI-Building1at249EastGrandAvenue,constructedin2008withaLEEDSilvercertification,is four stories with 136,191 square feet of space. ·PhaseII-Building4at259EastGrandAvenue,constructedin2012,isfivestorieswith163,257square feet. ·PhaseIII-Building2at269EastGrandAvenue,constructedin2013,isthreestorieswith102,616 square feet. AllthreebuildingsarescheduledtobeoccupiedbyVerilyLifeSciences,asubsidiaryofAlphabet,Inc.,bythe end of this year. AREisnowexploringoptionsforthefourthandfinalphaseoftheProject.PhaseIVwouldinclude constructionofBuilding3andaparkinggaragethatisfour-storieswith137,936squarefeetofspaceat279 EastGrandAvenue.AREhasrequestedthattheCityextendtheDevelopmentAgreementtogivethedeveloper andCitystafftimetoprepareplansandenvironmentaldocumentationthatwilladdresspotentialchangestothe Project.StaffisrecommendingthattheCitygrantatwo-yearextension,asreflectedintheproposedSecond Amendment. City of South San Francisco Printed on 8/18/2016Page 1 of 2 powered by Legistar™ File #:16-631,Version:1 DISCUSSION Aspartofthe2006Projectapprovals,theCityandtheapplicantnegotiatedaDAtoclarifyandobligateseveral Projectfeaturesandmitigationmeasuresincludingtransportationimpactfees,publicimprovementsintheEast of101area,apublicartcontribution,andTDMreportingandmonitoringrequirementswhilesimultaneously vesting the applicant’s approvals for 10 years. In2013,theCityCounciladoptedanordinanceapprovingthefirstamendmenttotheDA(“FirstAmendment”). TheFirstAmendmentmodifiedcertainaspectsoftheProject,includingmodificationstoparking,arequirement forpaymentofthePublicSafetyImpactFee,andrevisionstothetimelineforthecompletionofthePublicArt requirement from December 31, 2014 to June 30, 2014. TheproposedsecondamendmenttotheDA(“SecondAmendment”)wouldextendthedurationoftheDAfrom August25,2016toAugust25,2018(suchSecondAmendmentisattachedtoCityCouncilOrdinanceas Attachment1).Ifapproved,theSecondAmendmentwouldonlymodifythedurationoftheDA;itwouldnot modifyanyoftheapprovedplans,floorarearatio(FAR),parkingratioorpaymentofanydevelopmentfees associated with the research and development campus. ThePlanningCommissionconsideredtheSecondAmendmentattheCommission’spublichearingonAugust 4,2016,andunanimouslyrecommendedthattheCityCounciladoptanordinanceapprovingtheSecond Amendment. No further comments were provided. FUNDING There is no impact to the City’s budget. CONCLUSION StaffrecommendsthattheCityCouncilintroduceanOrdinance(DAA16-0001)amendingtheDevelopment AgreementbetweenAREandtheCityofSouthSanFranciscotoallowforatwo-yearextensionofthe DevelopmentAgreementforthepreviouslyentitledOffice/R&DProjectat249-289EastGrandAvenueand waive further reading. Attachments: 1.ARE Request Letter 2.Executed Development Agreement 3.First Amendment to the Development Agreement 4.Planning Commission August 4, 2016 Staff Report 5.Planning Commission Resolution 2789-2016 Associated Documents: 1.City Council Ordinance with Second Amendment to the Development Agreement 2.Link to approved FEIR:<http://weblink.ssf.net/Weblink8/DocView.aspx?id=51347&dbid=0> City of South San Francisco Printed on 8/18/2016Page 2 of 2 powered by Legistar™ Recording Requested By: City of South San Francisco Office of the City Clerk When Recorded Mail To: City Clerk Department City of South San Francisco PO Box 711 South San Francisco, CA 94083 EXEMPT FROMRECORDING FEES PER GOVERNMENT CODE § 6103, 27383 APN: 015- 050 -440, 015- 050 -450 2007- 018093 C 0 N F 09:00am 02/05/07 AG Fee: NO FEE Count of pages 56 Recorded in Official Records Countyof San Mateo Warren Slocum Assessor - County Clerk- Recorder 11 11I 1 111 IIII III 11 II 11111111 11 1 1 2 00 7 0 0 1 8 0 9 3 A R* NO DOCUMENTARY TRANSFER TAX DUE This Space for Recorder's Use Only ORDINANCE NO. 1372 -2006 AN ORDINANCE ADOPTING A DEVELOPMENT AGREEMNT WITH ARE - SAN FRANCISCO NO. 12, LLC, FOR A FOUR BUILDING RESEARCH AND DEVELOPMENT COMPLEX ON A 15.75 -ACRESITE LOCATED AT 249 EAST GRAND AVENUE IN THE CITY OF SOUTH SAN FRANCISCO ORDINANCE NO. 1372 -2006 AN ORDINANCE ADOPTING A DEVELOPMENT AGREEMENT WITH ARE -SAN FRANCISCONO. 12, LLC, FOR A FOUR - BUILDING RESEARCH AND DEVELOPMENT COMPLEX ON A 15.75 -ACRE SITE LOCATED AT 249 EAST GRAND AVENUE IN THE CITY OF SOUTH SAN FRANCISCO WHEREAS, on June 15, 2006, the Planning Commission approvedUse Permit UP05- 0005to construct a four - building office /R and D complex on a 15.75 -acre site located at 249 East Grand Avenue, and WHEREAS, the applicant has requested approval of a DevelopmentAgreement which would clarify and obligate several project features and mitigation measures including public art, rails -to- trails improvements, and mitigation fees fortraffic impacts, and WHEREAS, the four 3- to 5 -story buildings totaling approximately 534,500 square feet, with 5,500 square feet of ancillaryretail space and a four -level parking garage constitutes the present proposed development and is the project ( "Project ") subject to the terms of the Development Agreement ( "Agreement "), and WHEREAS, an Environmental Impact Report has been prepared which evaluatesthe significant and potentially significant impacts of the development, the growthinducing impacts of the development, the cumulative impacts of the development, and alternatives to theproposed project, and WHEREAS, for those impacts identifiedin the EnvironmentalImpact Report as significant and unavoidable, a Statement of Overriding Considerations has been prepared, indicating that the benefits of the Project outweigh the significant unavoidable effects, and WHEREAS, an earlier Statement of Overriding Considerations approved by the City Council for the update to the City's GeneralPlan would also apply to the subject property, and WHEREAS, pursuant to Municipal Codesection 19.60.050, the Director of Economic and Community Development reviewed the application for the Agreement and found the proposed Agreement to be in the proper form, determined that the application was complete, and referred the application and Agreement to the Planning Commission for a public hearing, and WHEREAS, following properly noticed public hearings held on December 15, 2005 and May 4, 2006, the PlanningCommission held a properly noticed public hearing on June 15, 2006, on theproposed Agreement for the 249 East Grand AvenueAgreement and recommendedthat the City Council approve the Agreement, and WHEREAS, on July 12, 2006, pursuant to Municipal Code section 19.060.110 the City Council conducted a property noticed public hearing on theproposed Agreement for the project. NOW THEREFORE, the City Council of the City of South San Francisco does hereby ordain as follows: SECTION 1. Findings A. The proposed Development Agreement for the Project is consistent with the objectives, policies, general land uses and programs specified in the General Plan, as amendedandadopted. This finding is based upon all evidence in the record as a whole, including, but not limited to: the City Council's independent review of these documents. The Project provides for four 3- to 5 -story buildingstotaling approximately 534,500 square feet, with 5,500square feet of ancillaryretail space and a four -level parking garage as part of an office and research and development complex in the Planned Industrial (P -1) Zoning District. The proposed project complies with all zoning, subdivision and building regulations and with the objectives, policies, general land uses and programs specified in the GeneralPlan. B. The City Council has independently reviewed the proposed Development Agreement, the certified and adopted Housing Element, the General Plan, Chapters20.78and 20.84 of the Zoning Ordinance, Title 15 of the Municipal Code, and applicable state and federal law and has determinedthat the proposed DevelopmentAgreement for the Project complies with all applicable zoning, subdivision, and building regulations and with the GeneralPlan. This finding is based upon all evidence in the record as a whole, including, but not limited to: the City Council's independent review of these documents, oral and written evidence submitted at the public hearings on the Project, including advice and recommendations from City staff. C. The proposed Development Agreement for the Project states its specific duration. This finding is based upon all evidence in the record as a whole, including, but not limited to: the City Council's independent review of the proposed DevelopmentAgreement and its determination thatSection 2 of the Agreement states that the Agreement shall expire tenyears from the effective date of the Agreement, which shall be concurrent with the adoption of the instant ordinance. D. Theproposed Development Agreement incorporates the permitted uses, density and intensity of use for the property subject thereto as reflected in the approved Conditional Use Permit UP05 -0005 by reference. This finding is based upon all evidence in the record as a whole, including, butnot limited to: the City Council's independent review of the proposed Development Agreement and its determination that Section 3 of the Agreement set forth the development standards and the documents constituting the Project. E. The proposed Development Agreement states the maximumpermitted height and size of proposed buildings on the property subject thereto. This finding is based upon all evidence in the record as a whole, including, but not limited to: the City Council's independent review of the proposed DevelopmentAgreement and its determination that Section 3 of the Agreement sets forth the documents which state the maximum permittedheight and size of buildings. CFC'TTCIN The City Council of the City of South San Franciscohereby approves the proposed Development Agreement with ARE -SAN FRANCISCONO. 12, LLC, attached hereto as Exhibit A and incorporated herein by reference. SECTION 3. Severability. In the event any section or portion of this ordinanceshall be determined invalid or unconstitutional, such section or portion shall be deemedseverable and all other sections or portions hereof shall remain in full force and effect. SECTION 4. Publication and Effective Date. Pursuant to the provisions of Government Code Section 36933, a summary of this Ordinance shall beprepared by the City Attorney. At least five (5) days prior to the Council meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the Summary, and (2) post in the City Clerk's Office a certified copy of this Ordinance. Within fifteen (15) days after the adoption of thisOrdinance, the City Clerk shall (1) publish the summary, and (2) post in the City Clerk's Office a certified copy of the full text of this Ordinance along with the names of those City Council members votingfor and against this Ordinanceorotherwise voting. This ordinanceshall become effective thirty days from and after its adoption. Introduced at a regular meeting of the City Council of the City of South San Francisco, held the 12'h day of July 2006. Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the City Council held the 26`b day of July 2006, by the following vote: AYES: Councilmembers Mark N. Addiego Pedro Gonzalez and Kpal Matsumoto Vice Mayor Richard A. Garbarino and Maor Joseph A. Fernekes NOES: None ABSTAIN: N ABSENT: ATTEST: /s/ Sylvia M. Payne City Clerk As Mayor of the City of South San Francisco, I doherebyapprove the foregoing Ordinance this26b day of July 2006. s/ Joseph A. Fernekes Mayor STATE OF CALIFORNIA j SS COUNTY OF SAN MATEO I 1, SylviaM, Payne, City Clerk of the city of South San Francisco, County of San Mateo, State of California; an ex- officio Clerkof the City Council thereof, do hereby certify that the above and foregoing is a full, true and correct copy of the original of which is on file in my office, and that I have carefully compared the same with the original. IN WITNESSWHEREOF I have hereunto set my handand the sn.fl of the Cityof South San Francisco this_, G& * day of 20-OL SYLVIA M. PAYNE City Clerk and Ex- officio Clerk of the City Council of the 0 of South San Francisco By City Clem By Deputy City Clerk Exhibit A to Ord. 1372 -2006 DEVELOPMENTAGREEMENT 249 East Grand Avenue Office /Research and Development Project This DEVELOPMENTAGREEMENT FOR THE 249 EAST GRAND AVENUE OFFICE/RESEARCH AND DEVELOPMENT PROJECT ( "PROJECT ") is dated July 26, 2006 Agreement'), between ARE -SAN FRANCISCO NO. 12, LLC, a Delaware limited liability company ( "Owner "), and the CITY OF SOUTH SAN FRANCISCO, a municipal corporation organized and existing under the laws of the State of California ( "City "). Owner and City are collectively referred to herein as "Parties." RECITALS A. WHEREAS, California Government Code Sections 65864 through 65869.5 authorize the City to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property or on behalf of thosepersons having same; and, B. WHEREAS, ARE -San Francisco No. 12, LLC, the Owner, has a legalinterest in the real property subject to this Agreement; and, C. WHEREAS, pursuantto Government Code Section 65865, the City has adopted rules and regulations, embodied in Chapter 19.60 of the South San Francisco Municipal Code, establishing procedures and requirements for adoption and execution of development agreements; and, D. WHEREAS, this Agreement concerns property consisting of a15.75 -acre site located at 249 East Grand Avenue, as shown and more particularly described in Exhibit A attached hereto and incorporatedherein by reference ( "Property "); and, E. WHEREAS, the Owner['s parent company] has submitted a development proposal to the City, commonly known as the 249 East Grand Office /Research and Development Project, consisting of construction of four 3- to 5 -story office /research and development buildings, totaling approximately 534,500 square feet, with 5,500 square feet of ancillary retail space and a four -level parking garage, as depicted onthe 249 East Grand Plan Set, dated prepared by [Dowler- Gruman Architects], including application for a Use Permit dated Zpp& , attached hereto as Exhibit B and incorporated herein by reference ( "Plan Set'), to be located on the Property ( "Project'); and, F. WHEREAS, Owner has requested that the City enter into this Agreement to set forth the rights and obligations of the parties relating to the development of the Project; and, G. WHEREAS, all proceedings necessary for the valid adoption and execution hereof have takenplace in accordance with Government Code Sections 65864 through 65869.5, the Page 1 of 20 249 East Grand Avenue DA July 12, 2006 California Environmental Quality Act and Chapter 19.60 of the South San Francisco Municipal Code; and, H. WHEREAS, the City Council and the Planning Commission have found that this Agreement is consistent with the objectives, policies, general land uses and programs specified in the South San Francisco General Plan as adopted on October 13, 1999 and as amended from time to time; and, I. WHEREAS, on July 26, 2006, the City Council adopted Ordinance No. 1372 -2006, approving and adopting this Agreement and theOrdinance thereafter took effect on August 25, 2006. AGREEMENT NOW, THEREFORE, the Parties, pursuant to the authority contained in Government Code Sections 65864 through 65869.5 and Chapter 19.60 of the South San Francisco Municipal Code and in consideration of the mutual covenants and agreements containedherein, agree as follows: Effective Date Pursuant toSection 19.60.140 of the South San Francisco Municipal Code, notwithstanding the fact that the City Council adopts an ordinance approving this Agreement, the Agreement shall be effective and shall only create obligations for the Parties from and after the date that theordinance approvingthis Agreement takes effect ( "Effective Date "). 2. Duration This Agreement shall expire ten (10) years from the Effective Date of this Agreement, but in no event later than December 31, 2017. In the event that litigation to which the City is a party against the Owner, or any of its officers, agents, employees, contractors, representatives or consultants, should delay implementation or construction of the Project on the Property, the expiration date of this Agreement shall be extended for a period equal to the length of timefrom the time the summons and complaint is served on the defendant(s) until the judgment entered by the court is final and not subject to appeal; provided, however, thatthe total amount of time for which the expiration date shall be extended as a result of such litigation shall not exceed five (5) years. 3. Project Description; Development Standards For Project The Project shall consist of four Office /Research and Development buildings totaling approximately 534,500 square feet, 5,500 square feet of ancillaryretail space, a four -level parking garage, and related improvements as provided in the Plan Setand as approved by the City Council. Page 2 of 20 249 East Grand Avenue DA July 12, 2006 a) The permitted uses, the density and intensity of uses, the maximum heights, locations and total area of theproposed buildings, the development schedule, the provisions for vehicular accessand parking, any reservationor dedication of land, any public improvements, facilities and services, and all environmental impact mitigation measures imposed as approval conditions for the Project shall be exclusively those providedin the Plan Set, Use Permit, Development Plan, Environmental Impact Report, this Agreement (as approved by the City Council) and the applicable ordinances in effect as of the Effective Date (including, but not limited to, the applicable provisions of the South San Francisco Municipal Code in effect as of the Effective Date), except as modified in this Agreement. b) Subjectto Owner's fulfillment of itsobligations under this Agreement, upon the Effective Date of this Agreement, the City hereby grantsto Owner a vested right to develop and construct on the Property all the improvements for the Project authorized by, and in accordance with the terms of, this Agreement, thePlan Set as approved by the City Council) and the applicable ordinances in effect as of the Effective Date. c) Upon such grant of right, no future amendments to the City General Plan, the City Zoning Code, the City Municipal Code, or other City ordinances, policiesor regulations in effect as of the Effective Date shall apply to the Project, except such future modifications that are not in conflictwith and do not prevent the development proposed in the Plan Set and as approved by the City Council; provided, however, that nothing in this Agreement shall prevent or preclude the City from adopting any land use regulations or amendments expressly permitted herein or otherwise required by State or Federal Law. d) The Use Permit granted by City shall notrequire an extension during the term of this Agreement provided Owner is not in material breach of the terms of this Agreement or the Conditions of Approval for said Use Permit. 4. Permits For Project Owner shall submit a Development Plan for development of the Project within sixty (60) days of applying for a grading permit for any phase of the Project. The Development Plan shall address, at a minimum, the landscaping and common improvements required for each phase of the Project. In connection with said Development Plan, Owner shall provide to the City an Irrevocable Letter of Credit substantially in the form attached as Exhibit C, reasonably approved by the City Attorney, in an amount equal to One Hundred Twenty Five Percent (125 %) of the estimatedreasonable costs to construct the landscaping and common improvements identifiedin theapproved Development Plan for the phase to be covered by the grading permit. Said Letter of Credit shall be submitted within sixty (60) days of receiving a grading permit for any phase of the Project. The City may drawunder the Letter of Credit as provided below to complete the landscaping and common improvements and to reimburse the City for costs relatedthereto. The Letter of Credit shall be reduced as the landscaping and common improvements are completed by Page 3 of 20 249 East Grand Avenue DA July 12, 2006 Owner and accepted by Cityin an amount equal to the completed improvements and landscaping's proportionate share of the original estimatedreasonable costs to construct the landscaping and commonimprovements identified in the approved Development Plan for the phase to be covered by the grading permit. If Ownerfails to complete the landscaping and common improvements for a phase of the Project prior to Owner's application for a Certificate of Occupancy for any building in the next phase of the Project or Owner fails tocomplete the landscaping and common improvements for the final phase of the Project prior to Owner's application for a Certificate of Occupancy for the final building to be constructed as part of the Project, City maygiveOwner written notice of such failure and City shall be entitled to withdraw funds from the Letter of Credit and complete said landscaping and common improvements if Owner does not so complete the same within 90 days after receiving City's notice of such failure. City shall also be entitled to draw funds under the Letter of Credit in theevent Owner obtains a grading permit for any phase of the Project and (1) Owner fails to request a building permit orCertificate of Occupancy for any building within that phase by December 31, 2016; or (2) Owner fails to complete the landscaping and common improvements for that phase by December 31, 2016. For each phase, the City shall issue building permits and Certificates of Occupancy only after the City has reviewed and approved Owner's applications therefor. City staff review of applications for permits or other certificates or approvals shall be limited to determining whether the following conditions are met: a) The application is complete; and, b) Owner has complied with the conditions of the City Council's approval of the Project, all applicable Uniform Codes, the South San Francisco Municipal Code, CEQA requirements, including any required mitigation measures, governing issuance of such permits or certificates and Federal andState Laws; and, c) Owner has obtained Design Review approval for the Project, including required approval of Landscaping and Common Improvements; and, d) All applicable processing, administrative and legal fees have been paid subject to the provisions of thisAgreement; and, e) For Certificates of Occupancy only, Owner has completed, and City has approved, the landscaping and common improvements for earlier phases of the Project. 5. Vesting of Approvals Upon the City's approval of the Design Review, Parcel Map, Planned Unit Development, Transportation Demand Management Plan, Use Permit and thisAgreement, such approvals shall vest in Owner and its successorsand assigns for the term of this Agreement, provided that the successors and assigns comply with the terms and Page 4 of 20 249 East Grand Avenue DA July 12, 2006 conditions of all of the foregoing, including, butnot limited to, submission of insurance certificates and bonds for the grading of the Property and construction of improvements. 6. Cooperation Between Parties in Implementation of This Agreement It is the Parties' express intent to cooperate with one another and diligently work to implement all land use and building approvals for development of the Property in accordance with the terms of this Agreement. Accordingly, the Owner and City shall proceed in a reasonable and timely manner, in compliance with the deadlines mandated by applicable agreements, statutes or ordinances, tocomplete all steps necessary for implementation of thisAgreement and development of the Property in accordance with the terms of thisAgreement. The City shall proceed in an expeditiousmanner to complete all actions required for the development of the Project, including butnot limited to the following: a) Scheduling all required public hearings by the City Council and City Planning Commission; and b) Processing and checking all maps, plans, permits, building plans and specifications and other plans relating to development of the Property filed by Owner or its nominee, successor or assign as necessary for development of the Property, and inspecting and providing acceptance of or comments on work by Owner thatrequires acceptance or approval by the City. Owner, in a timely manner, shall provide City with all documents, applications, plans and other information necessary for the City to carryout its obligations hereunder and to cause itsplanners, engineers and all other consultants to submit in a timely manner all necessary materials and documents. 7. Acquisition of Other Property; EminentDomain In order to facilitate and insure development of the Project in accordance with the Plan Setand the City Council's approval, the City may assist Owner, at Owner's request and at Owner's solecost and expense, in acquiring any easements or properties necessary for the satisfaction and completion of any off -site components of the Project required by the City Council to be constructed or obtained byOwner in the Council's approval of the Project and the Plan Set, in the event Owner is unable to acquire sucheasements or properties or is unable to secure the necessary agreements with the applicable property owners for such easements or properties. Owner expressly acknowledges that the City is under no obligation to use its power of Eminent Domain. 8. Maintenance Obligations on Property Allof the Property subject to this Agreement shall be maintained by Owner or its successors in perpetuity in accordance with City requirements to prevent accumulation of litter and trash, to keep weeds abated, and to provide erosion control, and other Page 5 of 20 249 East Grand Avenue DA July 12, 2006 requirements set forth in the South San Francisco Municipal Code, subject to City approval. a) If Owner subdivides the property or otherwise transfers ownership of a parcel or building in the Project to anyperson or entity such that the Property is no longer under single ownership, Owner shall first establish an Owner's Association and submit Conditions, Covenants and Restrictions ( "CC &Rs ") to the City for review and approval by the City Attorney. Said CC &Rs shall satisfy the requirements of Municipal Code section 19.36.040. b) Any provisions of said CC &Rs governing the Project relating to the maintenance obligations under this section shall be enforceable by the City. 9. Fees No fee requirements (except those identified herein) imposed by the City on or after the Effective Date of this Agreement and no changes to existing fee requirements (except those currently subject to annual increases as specified in the adopting or implementing Resolutions and Ordinances) that occur on or after the Effective Date of this Agreement, shall apply to the Project. Owner shall not be responsible for any fees imposed by the City in connection with the development and construction of the Project, except as otherwise set forth in this Agreement, the Use Permit, the Planned Unit Development Permit, and those in existence as of the Effective Date of thisAgreement. a) Revised Application Fees. Any existing application, processing, administrative, legal and inspection fees that are revised during the term of this Agreement shall apply to the Project provided that (1) such fees have general applicability; (2) the application of such fees to the Property is prospective; and (3) the application of such fees would notprevent development in accordance with this Agreement. 10. New Taxes Any subsequently enacted city -wide taxes shall apply to the Property provided that: (1) the application of such taxes to the Property is prospective; and (2) the application of such taxes would notpreventdevelopment in accordance with this Agreement. 11. Assessments Nothing herein shall be construed to relieve the Property from common benefit assessments levied against it and similarly situated properties by the City pursuantto and in accordance with any statutoryprocedure for the assessment of property to pay for infrastructure and /or services which benefit the Property. 12. Additional Conditions Owner shall comply with all of the following requirements: Page 6 of 20 249 East Grand Avenue DA July 12, 2006 a) Traffic Impact Fees. Owner shall pay the following Traffic Impact Fees: 1. Oyster Point Overpass Fees — Oyster Point Overpass fees shall be determined based on the application of the formula in effect as of the time such Oyster Point Overpass Fees become due and payable. The City and developer agree that the approximately 5,500 sq. ft. of ancillary retail space will be treated as "General Office Building" for purposes of calculating the Oyster Point Overpass fees. 2. East of 101 Traffic Impact Fee — East of 101 Traffic Impact fees shall be determined based on the application of the formulain effect as of the time such East of 101 Traffic Impact Fees become due and payable. The City and developer agree that the approximately 5,500 sq. ft. of ancillary retail space will be treated as "Office /R &D" for purposes of calculating the East of 101 Traffic Impact Fee. b) Rails to Trails Improvements. 1. Should the rail corridor abutting the north boundary of the Property, and identified in the General Plan as a future bike path, become available for public use prior to July 31, 2011, the City may elect, at the City's option to be exercised in the City's reasonable discretion, to have Owner either install the improvements described in subsection 12(b)l.i. below for the portion of the corridor that directly abuts the Property or provide the cost estimates and funds described in subsection 12(b)2. below. The City shall giveOwner written notice of its election. i. If the City so elects, Owner shall install improvements at its sole cost and expense for the portion of the corridor that directly abuts the Property. Said improvements shall include, butnot be limited to, paving, lighting, and landscaping of a design and scope consistent with standard portions of the City's then existing Rails to Trails corridor of the Bay Trail. ii. Pursuant to Owner's obligation to install said improvements, Owner shall submit plans, including a cost estimate, for the improvements, to the City for review and approval. Owner shall complete construction of said improvements by the later of (A) the date thatis two (2) years after the City gives Owner written notice that the City has elected to have Owner construct said improvements, and (B) December 31, 2013. 2. If the City does not electto have Owner construct the improvements described in subsection 12(b) Li. above or the rail corridor abutting the north boundary of the Property does not become available for public use Page 7 of 20 249 East Grand Avenue DA July 12, 2006 prior to July 31, 2011, then, prior to expiration of the Development Agreement: i. Owner shall (1) provide City with a cost estimate, subject to City review and approval, of the costs that would be required for the improvements described in subsection 12(b)1. above; and (2) provide to the City the fundsdescribed in thecost estimate, to be used by the City solely to upgrade substandard portions of the City's then existingBay Trail. ii. Owner shall provide saidcost estimate and funds prior to issuance of a Certificate of Occupancy for the final building to be constructed as part of the Project, but no later than December 31, 2013. 3. If at any time the City decides to form an assessment district with the objective of acquiring and completing a rails to trails conversion for the rail corridor abutting the north boundary of the Property, Owner agrees not to oppose the formation of such a district. c) Public Art Contribution. Owner shall install and provideartwork for public display in the Project. Said artwork shall cost in theaggregate no less than Five Hundred Forty Thousand Dollars ($540,000), and shall be installed onthe Project site on or before the earlier of (i) the date on which Owner receives a Certificate of Occupancy for the final building to be constructed as part of the Project, and ii) December 31, 2014. The artwork tobe installed by Owner shall be subjectto thereasonable approval of the City of South San Francisco prior to installation. Artwork installed pursuant to this section shall be maintained by Owner or, in theevent Owner's interest in the property is conveyed or subdivided, by Owner's successors, or, if applicable, by the Owner's Association for the Project. If an association of owners is created, said maintenance obligations and a budget related thereto shall be included in the CC &Rs for the Project. If Owner fails to complete installation of the required artwork on or before December 31, 2014, Owner shall be required to pay an in- lieu fee for such artwork in the amount of Five Hundred Forty Thousand Dollars 540,000), less thedocumented cost of any public artwork actually installed by Owner in the Project provided the art work installed by Owner was approved by the City prior to installation. In the event the art in -lieu fee is paid, the costs /value of the artwork to be installed shall be adjusted annually on January 1St beginning in 2007 in an amount equal to the lesser of (x) the percentage change in the Engineering News Record Construction Costs Index for the San Francisco Bay Area, and (y) three percent (3 %). The in -lieu fee shall be paid on or before January 31, 2015. Page 8 of 20 249 East Grand Avenue DA July 12, 2006 d) Transportation Demand Management. _ Owner shall prepare an annual Transportation DemandManagement (TDM) report, and submit same to City, to document the effectiveness of the TDM plan in achieving the goal of 32% alternative mode usage by employees within the Project. The TDM report will be prepared by an independent consultant, retained byCity with the approval of Owner (which approval shall not be unreasonably withheld or delayed) and paid for by Owner, which consultant will work in concert with Owner's TDM coordinator. The TDM report will include a determination of historical employee commute methods, which information shall be obtained by survey of all employees working in the buildings on the Property. All non - responses will be counted asa drive alone trip. TDM Reports: The initialTDM report for each building on the Property will be submitted two (2) years after the granting of a Certificate of Occupancy with respect to the building, and this requirement will apply to all buildings on the Property except the parking facilities. The second and all later reports with respect to each building shall be included in an annual comprehensive TDM reportsubmitted to City coveringall of the buildings onthe Property which are submitting their second or later TDM reports. i. Report Requirements: The goal of the TDM program is to encourage alternative mode usage, as defined in Chapter 20.120 of the South San Francisco Municipal Code. The initialTDM report shall either: (1) state that the applicable property has achieved 32% alternative mode usage, providing supporting statistics and analysis toestablish attainment of the goal; or (2) state that the applicable property has not achieved the 32% alternative mode usage, providing an explanation of how and why the goal has not been reached, and a description of additional measures that will beadopted in the coming year to attain the TDM goal of 32% alternative mode usage. ii. Penalty for Non - Compliance: If, after the initial TDM report, subsequent annual reports indicate that, in spite of the changes in the TDM plan, the 32% alternative mode usage is still not being achieved, or if Owner fails to submit such a TDM report at the times described above, City may assess Owner a penalty in the amount of Fifteen Thousand Dollars ($15,000.00) per year for each percentage point below the minimum 32% alternative mode usage goal. a. In determining whether a financial penalty is appropriate, City may consider whether Owner has made a good faith effort to meet the TDM goals. b. If City determinesthat Owner has made a good faith effort to meet the TDM goals but a penalty is still imposed, and such penalty is Page 9 of 20 249 East Grand Avenue DA July 12, 2006 imposed within the first three (3) years of the TDM plan commencing with the first year in which a penalty could be imposed), such penalty sums, in the City's sole discretion, may be used by Owner toward the implementation of the TDM plan instead of being paid to City. If the penalty is used to implement the TDM Plan, an Implementation Plan shall be reviewed and approved by the Cityprior to expending any penalty funds. c. Notwithstanding the foregoing, the amount of any penalty shall bear the same relationship to the maximum penalty as the completed construction to which the penalty applies bears to the maximum amount of square feet of Office, Commercial, Retail and Research and Development use permitted to be constructed on the Property. For example, if there is 200,000 square feet of completed construction on the Property included within the TDM report with respect to which the penalty is imposed, the penalty would be determined by multiplying Fifteen Thousand Dollars ($15,000.00) times a fraction, the numerator of which is 200,000 square feet and the denominator of which is the maximum amount of square feet of construction permitted on the Property, subtracting the square footage of the parking facilities; this amount would then be multiplied by the number of percentage points below the 32% alternative mode usage goal. d. The provisions of this section are incorporated as Conditions of Approval for the Project and shall be included in the approved TDM for the Project. 13. Indemnity Owner agrees to indemnify, defend (with counsel selected by City subject to the reasonable approval of Owner) and hold harmless City, and its elected and appointed councils, boards, commissions, officers, agents, employees, and representatives from any and all claims, costs (including legal fees andcosts) and liability for anypersonal injury or property damage which may arise directly or indirectly as a result of any actions or inactions by the Owner, or anyactions or inactions of Owner's contractors, subcontractors, agents, or employees in connection with the construction, improvement, operation, or maintenance of the Project, provided that Owner shall have no indemnificationobligation with respect to gross negligence or willful misconduct of City, itscontractors, subcontractors, agents or employees or with respectto the maintenance, use or condition of any public improvement after the time it has been dedicated to and accepted by the City or another public entity (except as provided in an improvement agreement or maintenance bond). Page 10 of 20 249 East Grand Avenue DA July 12, 2006 14. Interests of OtherOwners Owner has no knowledge of any reason why Owner, and any other persons holding legal or equitable interests in the Property as of the Effective Date of this Agreement, will not be bound by this Agreement. 15. Assignment a) Right to Assign. Ownermay at any time orfrom time to time transfer its right, title or interest in or to all or any portion of the Property. In accordance with Government Code Section 65868.5, the burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to Owner. As a condition precedent to any such transfer, Owner shall require the transferee to acknowledge in writing thattransferee has been informed, understands and agrees that the burdens and benefitsunder this Agreement relating to such transferred property shall be binding upon and inure to the benefit of the transferee. b) Notice of Assignmentor Transfer. No transfer, sale or assignment of Owner's rights, interests and obligations hereundershall occur without the prior written notice to City and approval by the City Manager, which approval shall not be unreasonably withheld or delayed. The City Manager shall consider and decide the matter within 10 days after Owner's notice, provided all necessary documents, certifications and other information are provided to the City Manager. c) Exception for Notice. Notwithstanding Section 15(b), Ownermay at any time, upon notice to City but without thenecessity of any approval by the City, transfer the Property or any part thereof and all or any part of Owner's rights, interests and obligations hereunder to: (i) any subsidiary, affiliate, parent or other entitywhich controls, is controlled by or isunder common control with Owner, (ii) any memberor partner of Owneror any subsidiary, parent or affiliate of any such member orpartner, or (iii) any successor or successors to Owner by merger, consolidation, non - bankruptcy reorganization or government action. As used in this paragraph, "control" shall mean thepossession, directly or indirectly, of the power to direct or cause the direction of management orpolicies, whether through the ownership of voting securities, partnership interest, contracts (other than those that transfer Owner's interest in the property to a third party not specifically identified in this subsection (c)) or otherwise. d) Release Upon Transfer. Upon the transfer, sale, or assignment of all of Owner's rights, interests and obligations hereunderpursuantto Section 15(a), Section 15(b) or Section 15(c) of thisAgreement, Owner shall bereleased from the obligations under this Agreement, with respect to the Property transferred, sold, or assigned, arising subsequentto the date of City Managerapproval of such transfer, sale, or assignment or the effective date of such transfer, sale or assignment, whichever occurs later; provided, however, that if anytransferee, purchaser or assignee Page 11 of 20 249 East Grand Avenue DA July 12, 2006 approved by the City Manager expressly assumes any right, interest or obligation of Owner under this Agreement, Owner shallbe released with respectto such rights, interests andassumed obligations. In anyevent, the transferee, purchaser or assignee shall be subject to all the provisions hereof and shall provide all necessary documents, certifications and other necessary information prior to City Managerapproval. e) Owner's Right to Retain Specified Rights or Obligations. Notwithstanding Sections 15(a) and 15(c), Ownermay withholdfrom a sale, transfer or assignment of this Agreement certain rights, interests and/or obligations which Owner shall retain, provided that Owner specifies such rights, interests and /orobligations in a written documentto be appended to or maintained with thisAgreement and recorded with the San MateoCounty Recorder prior to or concurrently with the sale, transfer or assignment of the Property. Owner's purchaser, transferee or assignee shall then have no interest or obligations for such retained rights, interests and obligations and this Agreement shall remain applicable to Owner with respect to such retained rights, interests and/or obligations. f) Time for Notice. Within ten (10) days of the date escrow closes on any such transfer, Owner shall notify the City in writing of the name and address of the transferee. Said notice shall include a statement as to the obligations, including any mitigation measures, fees, improvements or other conditions of approval, assumed by the transferee. Any transfer which does not comply with the notice requirements of this section and Section 15(b) shall not release the Owner from its obligations to the City underthis Agreement until such time as the City is provided notice in accordance with Section 15(b). 16. Insurance a) Public Liability and Property Damage Insurance. During the term of this Agreement, Owner shall maintain in effect a policy of comprehensive general liability insurance with a per - occurrence combined single limit of not less than ten million dollars ($10,000,000.00) and a deductible of not more than ten thousand dollars ($10,000.00) per claim. The policy so maintained by Owner shall name the City as an additional insured and shall includeeither a severability of interest clause or cross - liability endorsement. b) Workers Compensation Insurance. During the term of this AgreementOwner shall maintain Worker's Compensation insurance for all persons employed by Owner for work at the Project site. Owner shall require each contractor and subcontractor similarly to provide Worker's Compensation insurance for its respective employees. Owner agrees to indemnify the Cityfor any damage resulting from Owner's failure to maintain anysuch required insurance. c) Evidence of Insurance. Prior to City Council approval of this Agreement, Owner shall furnish City satisfactory evidence of the insurance required in subsections Page 12 of 20 249 East Grand Avenue DA July 12, 2006 a) and (b) and evidence that the carrier will provide the City at least ten (10) days prior written notice of any cancellation or reduction in coverage of a policy if the reduction results in coverage less than that required by this Agreement. 1. In the event of a reduction (below the limits required in this Agreement) or cancellation in coverage, or change in insurance carriers or policies, Owner shall, prior to such reduction, cancellation or change, provide at leastten (10) days prior written notice to City, regardless of any notification by the applicable insurer. If the City discovers that the policies have been cancelled or reduced below the limits required in this Agreement and no notice has been provided by eitherinsurer or Owner, said failure shall constitute a material breach of this Agreement. 2. In the event of a reduction (below the limits required by thisAgreement) or cancellation in coverage, Owner shall have five (5) days in which to provide evidence of the required coverage during which time no persons shall enter the Property to construct improvements thereon, including construction activities related to the landscaping and common improvements. Additionally, nopersons not employed byexisting tenants shall enter the Property to perform such works until such time as the City receives evidence of substitute coverage. 3. If Owner fails to obtain substitute coverage within five (5) days, City may obtain, but is not required to obtain, substitute coverage and charge Owner thecost of such coverage plus an administrative fee equal to ten percent 10 %) of the premium for said coverage. d) The insurance shall include the City, its elective and appointive boards, commissions, officers, agents, employees and representatives as additional insuredson the policy. 17. Covenants Run With The Land The terms of thisAgreement are legislative in nature, and apply to the Property as regulatory ordinances. During the term of this Agreement, all of the provisions, agreements, rights, powers, standards, terms, covenants and obligations contained in this Agreement shall run with the land and shall be binding upon the Parties and their respectiveheirs, successors (by merger, consolidation or otherwise) and assigns, devisees, administrators, representatives, lessees and all other persons or entities acquiring the Property, any lot, parcel or any portionthereof, and any interest therein, whether by sale, operation of law or other manner, and they shall inure to the benefit of the Parties and their respective successors. 18. Conflict with State or Federal Law In the event that State or Federal laws or regulations, enacted after the Effective Date, prevent orprecludecompliance with one or more provisions of this Agreement, such Page 13 of 20 249 East Grand Avenue DA July 12, 2006 provisions of this Agreement shall be modified (in accordance with Section 19 set forth below) or suspended as may benecessary to comply with suchState or Federal laws or regulations. Notwithstanding the foregoing, Owner shall have the right to challenge, at its sole cost, in a court of competent jurisdiction, the law orregulation preventing compliance with the terms of this Agreement and, if the challenge in a court of competent jurisdiction is successful, this Agreement shall remain unmodified and in full force and effect. 19. Procedure forModification Due to Conflict with State or Federal Laws In the event that state or federal laws or regulations enacted after the Effective Date of this Agreement prevent or preclude compliance with one ormore provisions of this Agreement or require changes in plans, maps or permits approved by the City, the parties shall meet and confer in good faith in a reasonable attempt to modify this Agreement to comply with such federal or state law or regulation. Any such amendment or suspension of the Agreement shall be approved by the City Council in accordance with Chapter 19.60 of the South San Francisco Municipal Code. 20. Periodic Review During the term of this Agreement, the City shall conduct "annual" and /or "special" reviews of Owner's good faith compliance with the terms and conditions of this Agreement in accordance with the procedures set forth in Chapter 19.60 of the South San Francisco Municipal Code. City mayrecover reasonable costs incurred in conducting said review, including staff time expended and attorney's fees. 21. Amendment or Cancellation of Agreement This Agreement may be further amended or terminated only in writing and in the manner set forth in Government Code Sections65865.1, 65867.5, 65868, 65868.5 and Chapter 19.60 of the South San Francisco Municipal Code. 22. Agreement is Entire Agreement This Agreement and allexhibits attached hereto or incorporatedherein contain the sole and entire Agreement between the parties concerning the Property. Theparties acknowledge and agree that neither of them has madeany representation with respect to thesubject matter of this Agreement or any representations inducing the execution and delivery hereof, exceptrepresentations set forth herein, andeach party acknowledges that it has relied on its own judgment in entering this Agreement. The parties further acknowledge that all statements or representations that heretofore may have been made by either of them to the other are void and of no effect, and that neither of them has relied thereon in itsdealings with the other. 23. Events of Default Page 14 of 20 249 East Grand Avenue DA July 12, 2006 Owner shall be in default under this Agreement upon the happening of one ormore of the following events: a) If a warranty, representation or statementmade or furnished by Owner to the City is false or proves tohave been false in any material respect when it was made; or, b) A finding and determination by the City made following an annual or special review under the procedure provided for in Government Code Section 65865.1 and Chapter 19.60 of the South San Francisco Municipal Code that, upon the basis of substantialevidence, Owner has not complied in good faith with the terms and conditions of this Agreement; or, c) Owner fails to fulfill any of its obligations set forth in this Agreement and such failure continues beyond any applicable cure period provided in this Agreement. This provision shall not be interpreted to create a cure period for any event of default where such cure period is not specifically provided for in this Agreement. 24. Procedure upon Default a) Upon the occurrence of an event of default, City may terminate or modify this Agreement in accordance with the provisions of Government Code Section 65865.1 and of Chapter 19.60 of the South San Francisco Municipal Code. b) The City shall not be deemed to have waived any claim of defect in Owner's performance if, onannual or special review, the City does not propose to terminate this Agreement. c) Nowaiver or failure by the City or Owner toenforce any provision of this Agreement shall be deemed tobe a waiver of any provision of thisAgreement or of any subsequent breach of the same or any other provision. d) Any actions for breach of thisAgreement shall be decided in accordance with Californialaw. Theremedy for breach of thisAgreement shall be limited to specific performance. e) The City shall giveOwner written notice of any default under this Agreement, and Owner shall have thirty (30) days after the date of the noticeto cure the default or toreasonably commence the procedures or actions needed to curethe default; provided, however, that if such default is not capable of being cured within such thirty (30) day period, Owner shallhave such additional time to cure as is reasonably necessary. Page 15 of 20 249 East Grand Avenue DA July 12, 2006 25. Attorneys Fees and Costs If legal action by either Party is brought because of breach of this Agreement or to enforce a provision of this Agreement, the prevailing Party is entitled to reasonable attorney's feesand court costs. a) Action by Third Party. If anyperson or entity not a party to thisAgreement initiates an action at lawor in equity to challenge the validity of any provision of this Agreement or the Project Approvals, the parties shall cooperate in defending such action. Owner shall bear its own costs of defense as a real party in interest in any such action, and shall reimburse Cityfor all reasonable court costs and attorneys' fees expended by Cityin defense of any such action or other proceeding. 26. Severability If any materialterm or condition of this Agreement is for any reason held by a final judgment of a court of competent jurisdiction to be invalid, and if the same constitutes a material change in the consideration for this Agreement, then either Party may elect in writing to invalidate this entire Agreement, and thereafter this entire Agreement shall be deemed null and void and of no further force or effect following such election. 27. NoThird Parties Benefited No person other than the City, Owner, or their respective successors is intended to or shall have any right or claim under this Agreement, this Agreementbeing for the sole benefit and protection of the parties hereto and their respective successors. Similarly, no amendment or waiver of any provision of this Agreement shall require the consent or acknowledgment of any person not a Party or successor to this Agreement. 28. Binding Effect of Agreement The provisions of this Agreement shall bind and inure to the benefit of the Parties originally named herein and their respective successors and assigns. 29. Relationship of Parties It is understood that this Agreement is a contract that has been negotiated and voluntarily entered into by City and Owner and thatthe Owner is not an agent of City. The parties do notintend to create a partnership, joint venture or any other joint business relationshipby this Agreement. The City and Owner hereby renounce the existence of any form of joint venture or partnership betweenthem, and agree that nothing contained herein or in any document executed in connection herewith shall be construed as making the City and Owner joint venturers or partners. Neither Owner nor any of Owner's agents or contractors are or shall be considered to be agents of City in connection with the performance of Owner's obligations under this Agreement. Page 16 of 20 249 East Grand Avenue DA July 12, 2006 30. Bankruptcy The obligations of this Agreement shallnot be dischargeable in bankruptcy. 31. Mortgagee Protection: Certain Rights of Cure a) Mortgagee Protection. This Agreement shall be superior and senior to all liens placed upon the Property or any portion thereof after the date on which this Agreement or a memorandum of this Agreement is recorded, including the lien of any deed of trust or mortgage ( "Mortgage "). Notwithstanding the foregoing, no breach hereof shall defeat, render invalid, diminish or impair the lien of any Mortgage made in good faith and for value, but all of the terms and conditions contained in this Agreement shall be binding upon and effective against all persons and entities, including all deed of trust beneficiaries or mortgagees Mortgagees "), who acquire title to the Property or any portion thereof by foreclosure, trustee's sale, deed in lieu of foreclosure or otherwise. b) Mortgagee Not Obligated. No foreclosing Mortgagee shall have any obligation or duty under thisAgreement toconstruct or complete the construction of any improvements required by thisAgreement, or to pay for or guarantee construction or completion thereof. City, upon receipt of a written request therefor from a foreclosing Mortgagee, shall permit the Mortgagee to succeed to the rights and obligations of Owner under this Agreement, provided that all defaults by Owner hereunder that are reasonably susceptible of being cured are cured by the Mortgagee as soon as is reasonablypossible. The foreclosing Mortgagee thereafter shall comply with all of the provisions of thisAgreement. c) Notice of Default to Mortgagee. If City receives notice from a Mortgagee requesting a copy of any notice of default given to Owner hereunder and specifying the address for service thereof, City shall deliver to the Mortgagee concurrently with service thereof to Owner, all notices given to Owner describing all claims by the City that Owner has defaultedhereunder. If City determinesthat Owner is in noncompliance with this Agreement, City also shall serve notice of noncompliance on the Mortgagee, concurrently with service thereof on Owner. Each Mortgageeshall have the right during the same period available to Owner to cure or remedy, or to commence to cure or remedy, the condition of default claimed or the areas of noncompliance set forth in City's notice. 32. Estoppel Certificate Either party from time to time may deliverwritten notice tothe other party requesting writtencertification that, to the knowledge of the certifying party, (i) this Agreement is in full force and effect and constitutes a binding obligation of the parties; (ii) this Agreement has not been amended or modified either orally or in writing, or, if it has been amended or modified, specifying the nature of the amendments or modifications; and (iii) the requesting party is not in default in the performance of its obligations underthis Agreement, or if in default, describing therein the nature and monetary amount, if any, of Page 17 of 20 249 East Grand Avenue DA July 12, 2006 the default. A party receiving a request hereundershall endeavor to execute and return the certificate within ten (10) days afterreceipt thereof, and shall in all events execute and return the certificate withinthirty (30) days after receipt thereof. However, a failure to return a certificate within ten (10) days shall not be deemed a default of the party's obligations under this Agreement and no cause of action shall arisebased on the failure of a party to execute such certificate within ten (10) days. The City Manager shall have the right to execute the certificates requested by Owner hereunder provided the certificate isrequested within six (6) months of the annual or special review. City acknowledges that a certificate hereunder may be relied upon bypermitted transferees and Mortgagees. At the request of Owner, the certificates provided by City establishing the status of this Agreement with respect to any lot or parcel shall be in recordable form, and Owner shall have the right to record the certificate for the affected portion of the Property at its cost. 33. Force Majeure Notwithstanding anything to the contrary contained herein, either Party shall be excused for the period of any delay in the performance of any of itsobligations hereunder, except the payment of money, when prevented or delayed from so doing by certain causes beyond itscontrol, including, and limited to, major weather differences from the normal weather conditions for the South San Francisco area, war, acts of God or of the public enemy, fires, explosions, floods, earthquakes, invasions by non - United States armed forces, failure of transportation due to no fault of the Parties, unavailability of equipment, supplies, materials or labor when such unavailability occurs despite the applicable Party's good faith efforts to obtain same (good faith includes the present and actual ability to pay market rates for said equipment, materials, supplies and labor), strikes of employees other than Owner's, freight embargoes, sabotage, riots, acts of terrorism and acts of the government. TheParty claiming such extension of time to perform shall send written notice of the claimed extension to the otherParty withinthirty (30) days from the commencement of the cause entitling the Party to theextension. 34. Rules of Construction and Miscellaneous Terms a) The singular includes the plural; the masculine gender includes the feminine; shall" is mandatory, "may" is permissive. b) Time is and shall be of the essence in thisAgreement. c) Where a Party consists of more thanone person, each such person shall be jointly and severally liable for the performance of such Party's obligation hereunder. d) The captions in this Agreement are for convenience only, are not a part of this Agreement and do not in any way limit or amplify the provisions thereof. e) This Agreement shall be interpreted and enforced in accordance with the laws of the State of California in effect onthe date thereof. Page 18 of 20 249 East Grand Avenue DA July 12, 2006 35. Exhibits Exhibit A — Map and Legal Description of Property Exhibit B Use Permit, including Plan Set and Conditions of Project Approval Exhibit C — FormIrrevocable Letter of Trust 36. Notices All notices required or provided for under this Agreement shall be in writing and delivered in person (to include delivery by courier) or sent by certified mail, postage prepaid, returnreceipt requested or by overnight delivery service. Noticesto the City shall be addressed as follow: City Clerk P.O. Box 711, 400Grand Avenue South San Francisco, CA 94080 Notices to Owner shall be addressed as follows: ARE -San Francisco No. 12, LLC c/o Alexandria Real Estate Equities 385 E. Colorado Boulevard, Suite 299 Pasadena, CA 91101 Fax: (626) 578 -7318 Attn: Corporate Secretary A party may change its address for notice by giving notice in writing to the other party and thereafter notices shall be addressed and transmitted to the new address. Page 19 of 20 249 East Grand Avenue DA July 12, 2006 IN WITNESS WHEREOF this Agreement has been executed by the parties on theday and year first above written. ATTEST: City Clerk 7 A ROVED TO FORM Steven T. MattaV, City Attorney 8338751 CITY OF SOUTH SAN FRANCISCO BJarry M. Nagel, y Manager p OWNER ARE -SAN FRANCISCO NO. 12, LLC, a Delaware limited liability company By: Alexandria Real Estate Equities, L.P., a Delaware limited partnership, Its ManagingMember Page 20 of 20 By: ARE -QRS CORP., a Maryland corporation, Its General Partner By: Na tC 14. ^- T' e: 249 East Grand Avenue DA July 12, 2006 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California Sa County of o a-% ss. On 0wG Lvr/ 1, ZDo (v ,before me, gN,v abirll Aci do- PotJ mncs / 0 6)• Date (' Name and Title of Officer (e.g., "Jane Doe, Notary Public ") personally appeared U a '_`= C'' o— s °-r1 Name(s) of Signer(s) personally known to me proved to me on the basis of satisfactory evidence to be thepersortfa) whose names} is/ewe- subscribed to the within instrument and acknowledged to me that he /s*efthcy-executed C " the same in his / "rrc fR4"- w authorized AI C —om— mE lVCIDO- capacity(iee}y and that by his /ki heirCommfssbn 1388636 Notary Public - California signature{sron the instrument the person.44 or Son Moteo County the entity upon behalf of which theperson(-stL1q&1.MV Comm. Expkw Deb 6,2004 acted, executedthe instrument. WITNESS my hand and offic' I seal. Place Notary Seal Above natureNotary Fuj OPTIONAL Though the information below is not required bylaw, it mayprove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Docym n I- ^ vre** n4L Title or Type of Document: -zyq ridyp pp/Yacn Document Date: VV/7 12, 2_,a0` Number of Pages: Zy Signer(s) Other Than Named Above MIA-- Capacity(ies) Claimed by Si ner Signer's Name: 04841 n PS C,h,.+'dS Individual Top of thumb here CorporateOfficer — Title(s): Pew Partner — Limited General Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing 1997 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313 -2402 Prod. No. 5907 Reorder: Call Toll -Free 1- 800 - 876 -6827 CALIFORNIA • ACKNOWLEDGMENT ai..aGT .c_TC•.s C :..C NTC.c C _T..T•..a .T.,s Q,va _w...a...aC_z .v Y.T. C.s i.._w..aC.Q.... .T _T..TC_va. ..a....t.sa _a._s C_ sae Stateof California County of -ii5" ii ,4e-D Onjalkwaf q I aod7 ate personally appeared before me, t1 e e P P. p t G Na a and Title of Officer (e.g., "Jane Doe, Notary Public ") OEM sm Comff tlion #t 1684757 Nolor PAIL - cawl Ay son Mu o GourtVngrw — — — — — Ccnw2q*ssMcV21.201 Place Notary Seal Above personally known to me or proved to me on thebasis of satisfactory evidence) to be the person <whose name Ks /subscribed to the within instrument and acknowledged to me that he /5hig/tpeyr executed the same in hiss /tbeif`authorized capaci%es , and that by his /hlerft eif'signaturefWon the instrument the personJ%Kor the entity upon behalf of whichthe persoptgra ted, executed the instrument. WITNESS my hand and official sea Signat of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulentremoval and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other ThanNamedAbove: Capacity(ies) Claimed by Signer(s) Signer's Name: Individual Corporate Officer — Title(s): Partner — Limited General Attorney in Fact El Trustee Or Guardianor Conservator ` Other: / Signer Is of Pages: Signer's Name: Individual Corporate Officer — Title(s): Partner — Limited General Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing RIGHT THUMBPRINT OF SIGNER of . here 2006National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA91313 -2402 Item No. 5907 Reorder: Call Toll -Free 1- 800 - 876 -6827 I0114111*11W-11 PROPERTY DESCRIPTION All that certain real property in the City of South San Francisco, County of San Mateo, State of California, more particularly described as follows: PARCEL ONE: LOT 27, BLOCK 2, AS SHOWN ON THE MAP OF "CABOTCABOT AND FORBES INDUSTRIAL PARK UNIT NO. 1 -B ", FILED MAY 25, 1966, INBOOK 64 OF MAPS, PAGES 49 -51, SAN MATEO COUNTY RECORDS. EXCEPTING THEREFROM, THEUNDERGROUND WATER RIGHTS, WITHOUT RIGHT OF SURFACE ENTRY, CONVEYED TO THE CALIFORNIA WATER SERVICE COMPANY IN THE QUITCLAIM DEED AND AUTHORIZATION RECORDED MARCH 23, 1965, IN BOOK 4917, PAGE 314, OFFICIAL RECORDS. PARCEL TWO: AN EASEMENT FOR PUBLIC UTILITIES PURPOSES, APPURTENANT TO PARCEL ONE, IN, ON, UNDER, OVER AND ALONG A STRIP OF LAND, 15 FEET IN WIDTH, LYING ADJACENT TO AND SOUTHEASTERLY AND EASTERLY FROM THE FOLLOWING DESCRIBED NORTHWESTERLY AND WESTERLY LINE THEREOF. BEGINNING AT THEMOST SOUTHERLY CORNER OF THE ABOVE DESCRIBED REAL PROPERTY; THENCEFROM SAID POINT OF BEGINNING, ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL, NORTH 33° 24'33" EAST, 540.00 FEETTO THE MOST EASTERLY CORNER OF SAID PARCEL; THENCE CONTINUING ALONG LAST SAID LINE, NORTH 12° 40'08" WEST, 131.46 FEETTO A POINT ON THE GENERAL SOUTHERLY LINE OF SAID CABOT ROAD, SAID EASEMENTBEING CONTIGUOUS AT ITS NORTHERLY EXTREMITYWITH LAST- SAID LINE AND AT ITS SOUTHERLY EXTREMITYWITH THESOUTHERLY LINE OF LOT 3, BLOCK 2, AS SAIDLOT AND BLOCK ARE SHOWN ON THAT CERTAINMAP ENTITLED, "CABOT CABOT & FORBES INDUSTRIAL PARK, UNIT NO. 1, SOUTH SAN FRANCISCO, SAN MATEO COUNTY, CALIFORNIA ", FILED FOR RECORD IN VOLUME 61 OF MAPS, AT PAGES 45 THROUGH 49, SAN MATEOCOUNTY RECORDS. ASSESSOR'S PARCEL NOS. 015- 050 -440, 015- 050 -450 EXHIBIT B USE PERMIT PLAN SET EXHIBIT C FORM IRREVOCABLE LETTER OF CREDIT MUST BE SUBMITTED ON BANK'S LETTERHEAD] IRREVOCABLE STANDBY LETTER OF CREDIT # City of South San Francisco Attention: Barry M. Nagel, City Manager City Manager's Office 400 Grand Avenue South San Francisco, CA 94080 DATE: 2006 EXPIRATION: Perpetual (see conditions for termination described below) By order of our clients, ARE -San Francisco No. 12, LLC( "ARE "), we hereby issue in your favor thisIrrevocable Standby Letter of Credit for anysum or sums not exceeding which is available against your draft(s) at sight on [Insert name and address of banking institution issuingletter], when accompanied by a statement signed by a purportedly authorizedrepresentative of the Office of the City Manager, City of South San Francisco, CA certifying the following: 1. ARE is in default of any one of the provisions established by that certain "Development Agreement For 249 East Grand Avenue Office /Research And Development Project" Development Agreement ") entered into between the City of South San Francisco and ARE (collectively, "the Parties ") anddated the day of , 2006, and has failedsatisfactorily to perform theterms, covenants and conditions contained therein. 2. Proceeds of any draft drawn on this Letter of Credit will be used solely for the purposes and interest described the DevelopmentAgreement entered into between Parties. All drafts must bepresented at the counters of the [insertbank name and address], and must include the statement "Drawn on the, Letter of CreditNumber " Partial and multiple drawings are permitted. 00_111 ALEXANDRIA. June 27, 2012 VIA OVERNIGHT DELIVERY SERVICE City Clerk Cityof South San Francisco 400Grand Avenue South San Francisco, California 94080 Project: 249 E. Grand Ave. Office /Research and Development Project Subject: Notice ofTransferof Portion of Property Dear City Clerk: A 1.4 Thisnotice is beinggiven toyou in accordance with the terms and conditions of that certain Development Agreement dated July 26, 2006, between ARE -San Francisco No. 12, LLC ( "Original Owner "), and the City of South San Francisco (the "City"), approved by the City Council, Ordinance No. 1372 -2006 (the "Development Agreement "). Any initially - capitalized term used in this notice without being expressly defined when first used shallhave themeaning given to such term in the Development Agreement. Pursuant to Sections 15(a) and 15(c) of the Development Agreement, Original Owner hereby notifies the City that Original Owner has transferred to ARE -San Francisco No. 44, LLC ( "AdditionalOwner "), all ofOriginal Owner's right, title, and interest in andto the following portion of theProperty (the "Transferred Property "): Parcel 4, as shown on Parcel Map 05 -0002, filed May 15, 2008, in Book 78 of ParcelMaps, atPages48 to 53, San Mateo CountyRecords. APN: 015 - 050 -820] [commonly known as 259 E. Grand Ave.]. Ascontemplated in Sections 15(e) and 15 of the Development Agreement, Original Owner hereby further notifiesthe City that (i) Original Owner has assigned to Additional Owner all ofOriginal Owner's rights, interests, and obligations under the Development Agreement with respect to the Transferred Property, (ii) Original Owner hasnot retained any rights, interests, or obligationsundertheDevelopment Agreement with respect to the Transferred Property, and (iii) AdditionalOwner has assumed all obligations underthe Development Agreement with respect to the Transferred Property. The assignment and assumption of therights, interests, and obligations underthe Development Agreement is on a non - exclusive basis, so thatAdditionalOwner will have the rights, interests, and obligationsunder the Development Agreement to the extent required to facilitate the Alexandria heal Estate F.quitie. , Inc. 8,- East Colorado fats€ le.vaiA Suite 299 1 Pasadena, CA OI tot a'r.i.6?6.,78.0777 rA: 626.578.0770 1 w vxv.nexorn City Clerk City of South San Francisco June 27, 2012 Page 2 development of the Transferred Property, and Original Owner willhave therights, interests, and obligations under the Development Agreement to the extent required to facilitate the development of the remainder of the Property. Please be advised that: a) as required under Section 15(a) of the Development Agreement, AdditionalOwner has acknowledged in writing that Additional Owner has been informed, understands, and agrees that theburdens and benefitsundertheDevelopment Agreement relating to the Transferred Property shall be binding uponand inure to the benefitof AdditionalOwner; and b) as required under Section 15(c)(i) of the Development Agreement, Additional Owner is an entity that controls, is controlled by, or is undercommon control with, Original Owner. Ascontemplated in Section 15(f) of the Development Agreement, please be advised further that AdditionalOwner's address is: ARE -San Francisco No. 44, LLC c/o Alexandria Real Estate Equities 385 E. Colorado Boulevard, Suite 299 Pasadena, California 91101 Fax: 626- 578 -7318 Attention: Corporate Secretary Very truly yours, ARE -SAN FRANCISCO NO. 12, LLC, a Delaware limited liability company By: Alexandria Real Estate Equities, L.P., a Delaware limited partnership, Managing Member By: ARE -QRS Corp., a Maryland corpor n, General Partner By: Print Name: Eric S. Johnson PrintTitle: Vice P Real EstateLegal Affairs Transfer Notice [249 -259 EGA] v1 Alexandvi a Real Estate Equitic.-;, Inc;. 385 East ColoradoBoulevard, Suite z ()y 1 PZISMICIIa, CA quoi Fa, 6 x6.578,0777 voyx 6264578.0770 1 ww w.atre.com ALEXAN DRIA. May 22, 2013 VIA OVERNIGHT DELIVERY SERVICE City Clerk City of South San Francisco 400Grand Avenue South San Francisco, California 94080 Project: 249 E. Grand Ave. OfficetResearch and Development Project Subject: Notice of Transfer of Portion ofProperty DearCity Clerk: This notice is being giventoyou in accordance with the terms and conditions ofthat certainDevelopment Agreement datedJuly 26, 2006, between ARE -San Francisco No. 12, LLC ( "Original Owner "), and the City of South San Francisco (the approved by the City Council, Ordinance No. 1372 -2006 (the "Development Agreement ") Any initially- capitalized term used in thisnotice without being expressly definedwhen first usedshall have the meaning given to suchterm in the Development Agreement. Pursuant to Sections 15(a) and 151c) of the Development Agreement, Original Owner hereby notifies theCity that OriginalOwner has transferred to ARE -San Francisco No. 46, LLC ( "Additional Owner "), all of Original Owner's right, title, and interest in and to the following portion of theProperty (the "Transferred Property "): Parcel 2, as shown on Parcel Map 05 -0002, filedMay 15, 2008, in Book 78 of ParcelMaps, at Pages 48to 53, San Mateo County Records. APN: 015- 050 -800] [commonly known as 269 E. GrandAve,]. Ascontemplated in Sections 15(e) and 15M of the Development Agreement, Original Owner hereby further notifies the City that (i) Original Owner has assigned to Additional Owner all of Original Owner's rights, interests, and obligations under the Development Agreement with respect to the Transferred Property, (ii) Original Owner has not retained any rights, interests, or obligations under the Development Agreement with respect to the Transferred Property, and (iii) Additional Owner has assumed all obligations under the Development Agreement with respect to the Transferred Property. The assignment and assumption of therights, interests, and obligationsunder the Development Agreement is on a non - exclusive basis, so that AdditionalOwner will have the rights, interests, and obligations under the Development Agreement to the extent required to facilitate the Alexandria Real E.;lale Equities, Inc. 385 East Colorado Bau1e.-ald, Suite 299 I Pa. aden , CA 911ot r. r. 626.575.0777 1 N.r_ 626.578.0770 1 ti%im.arexom City Clerk City of South San Francisco May 22, 2013 Page 2 development of the Transferred Property, and Original Owner will have the rights, interests, and obligations under the Development Agreement to the extent required to facilitate the development of the portion of the Propertyowned by Original Owner. Please be advised that: a) as required under Section 15(a) of the Development Agreement, AdditionalOwner has acknowledged in writing that Additional Owner has been informed, understands, and agrees that the burdens and benefits under the Development Agreement relating to the Transferred Property shall be binding uponandinure to the benefit of Additional Owner; and b) as required under Section 15(0Ni) of the Development Agreement, Additional Owner is an entity that controls, is controlled by, or is undercommoncontrol with, Original Owner. As contemplated in Section 15(f) of the Development Agreement, please be advised furtherthat Additional Owner's address is: ARE -San Francisco No. 46, LLC c/o Alexandria Real Estate Equities 385 E. Colorado Boulevard, Suite 299 Pasadena, California 91101 Fax: 626 - 578 -7318 Attention: Corporate Secretary Verytruly yours, ARE -SAN FRANCISCO NO. 12, LLC, a Delaware limited liability company By: Alexandria Real Estate Equities, L.P., a Delaware limited partnership, Managing Member By: ARE -QRS Corp., a Maryland corporation, General Partner By: Print Name: Erin S_ .1ahrlSon Print Title: r ` Vicp President Real Estate Legs! Affairs Alexandria Reel Estate Equities, Inc. 385 Cast Colorado Boulevard, Smite 299 1 Patiadena, CA 91101 TU. 626.578.0777 1 r x-- 626.578.0770 1 Nki%iv.are.com Recording requested by and when recorded please return to: City of South San Francisco City Clerk 400 Grand Avenue South San Francisco, CA 94080 EXEMPT FROM RECORDING FEES PER GOVERNMENT CODE 6103,273$3 2013- 152683 12:17 Pm 11/01/13 A3 Fee: NO FEE Count of Pages 42 Recorded in Official Records County of San Mateo Mark Church Assessor -Count Clerk- Recorder 111111 IP I!II 1111' 11111 I 1 P R 0 00 1 7 6 3 5 2 6* FIRST AMENDMENT TO DEVELOPMENT AGREEMENT W' FIRST AMENDMENT TO DEVELOPMENT AGREEMENT 249 East Grand Avenue Office /Research and Development Project This FIRST AMENDMENT TO DEVELOPMENTAGREEMENT FOR 249 EAST GRAND AVENUE OFFICE /RESEARCH AND DEVELOPMENT PROTECT (the "Project ") is dated as of August 23, 2013 ( "First Amendment "), between (i) on the one hand, (A) ARE -SAN FRANCISCO NO. 12, LLC, 'a Delaware limited liability company ( "ARE -SF 12 "), B) ARE -SAN FRANCISCO NO. 44, LLC, a Delaware limited liability company ARE -SF 44 "), and (C) ARE -SAN FRANCISCO NO. 46, LLC, a Delaware limited liability company ( "ARE -SF 46 "), and (ii) on the other hand, the CITY OF SOUTH SANFRANCISCO, a municipal corporation organized and existing under the laws of the State of California (the City "). ARE-SF 12, ARE -SF 44, and ARE -SF 46, on the one hand, and the City, on the other hand, are collectively referred to herein as "Parties ". RECITALS A. WHEREAS, California Government Code Sections 65864 through 65869.5 authorize the City to enter into binding development agreements with persons having legalorequitable interests in real property for the development of such property or on behalf of those persons having same; and, B. WHEREAS, pursuant to California Government Code Section 65865, the City has adoptedrules and regulations, embodied in Chapter 19.60 of the South San Francisco Municipal Code, establishing procedures and requirements for adoption and execution of development agreements; and, C. WHEREAS, the City and ARE -SF 12 entered into a certainDevelopment Agreement dated July 26, 2006, for the development of the Project (the "Original Agreement "), as approved and adopted by the City Council through the adoption of Ordinance No. 1372- 2006 (which took effect on August 25, 2006) (a copy such Ordinance, including the Original Agreement, was recorded in the Official Records of San Mateo County, California, on February 5, 2007, as Instrument No. 2007 - 018093); and, D. WHEREAS, in conjunction with the Original Agreement, ARE -SF 12 submitted a developmentproposalto the City, as depicted on the "249 East Grand PIan Set ", dated July 12, 2006, prepared by Dowler- Gruman Architects (the "Architect ") and attached to the Original Agreement as Exhibit B (the "Original Plan Set "); and, E. WHEREAS, at the time the Original Agreement was approved and adopted, the legal description of the real property subject to the Original Agreement (the "Property ") was as set forth in Exhibit A attached hereto and incorporated herein by reference; and, Page l of 14 249 E. Grand Ave. -lst Amend. To Dev. Agt. August 23, 2013 F. WHEREAS, after the Original Agreement was approved and adopted, ARE -SF 12 re- subdivided the Propertyby filing a newparcel map, which parcel map resulted in the legal description of the Property being as set forth in Exhibit B attached hereto and incorporated herein by reference; and, G. WHEREAS, onJune 22, 2012, ARE -SF 12 transferredto ARE -SF 44 all of ARE -SF 12's right, title, and interest in that certain portion of the Property particularly described in Exhibit C attached hereto and incorporated herein by reference (the "First Transferred Parcel "), and, in conjunction with such transfer, (i) ARE -SF 12 assigned to ARE -SF 44 all of ARE -SF 12's rights, interests, and obligations under the Original Agreement with respectto the First Transferred Parcel, and (ii) ARE -SF 44assumed all of ARE -SF 12's obligations underthe Original Agreement with respect tothe First Transferred Parcel provided, however, that this assignment and assumption of the rights, interests, and obligations under the Original Agreement was on a non- exclusive basis, so that ARE -SF 44 has the rights, interests, and obligations under the Original Agreement to the extentrequired to facilitate the development of the First Transferred Parcel, and ARE -SF 12 has the rights, interests, and obligations under the Original Agreement to the extent requiredto facilitate thedevelopment of the remainder of the Property); and, H. WHEREAS, on May 16, 2013, ARE -SF 12 transferred to ARE -SF 46 all of ARE -SF 12's right, title, and interest in that certain portion of the Property particularly described in Exhibit D attached hereto and incorporated herein by reference (the "Second Transferred Parcel "), and, in conjunction with such transfer, (i) ARE -SF 12 assigned to ARE -SF 46 all of ARE -SF 12's rights, interests, and obligations under the Original Agreement with respect to the Second Transferred Parcel, and (ii) ARE -SF 46 assumed all of ARE -SF 12's obligations under the Original Agreement with respect to the Second Transferred Parcel (provided, however, thatthis assignment and assumption of the rights, interests, and obligations under the Original Agreement was on a non- exclusive basis, so that ARE -SF 46 has the rights, interests, and obligations under the Original Agreement to the extent required to facilitate the development of the Second Transferred Parcel, ARE -SF 44 has the rights, interests, and obligations under the Original Agreement to the extentrequiredto facilitate the development of the First Transferred Parcel, and ARE -SF 12 has the rights, interests, and obligations under the Original Agreement to the extentrequired to facilitate the development of the remainder of the Property); and, I. WHEREAS, (i) ARE -SF 12 has completed construction of a4 -story office /research and development building totaling approximately 136,191 square feet on the portion of the Property commonlyknown as 249East Grand Avenue (the "Phase 1 Building "), and ii) ARE -SF 44 has completed construction of a 5 -story office /research and development building totaling approximately 163,257 square feet on the portion of the Property commonly known as 259East Grand Avenue (and referred to in this First Amendment as the First Transferred Parcel) (the "Phase 2 Building "); and, J. WHEREAS, (i) ARE -SF 46 also intends to construct a 3 -story office /research and development building totaling approximately 142,616 square feet on the portion of the Property to be commonly known as 269 East Grand Avenue (and referred to inthis First Page 2 of 14 249 E. Grand Ave. -1st Amend. To Dev. Agt. August 23, 2013 Amendment as the Second Transferred Parcel) (the "Phase 3 Building "), and ii) ARE -SF 12 also intends to construct (A) a 4 -story office /research and development building totaling approximately 137,936 square feet on the portion of the Property to be commonly known as 279East Grand Avenue (the "Phase 4 Building "), and (B) a 4 -level above - ground parking garage on the northern-most parcel of the Property (the "Garage "); and, K. WHEREAS, ARE -SF 12, ARE -SF 44, and ARE -SF 46, as "owners" of the Property, have a legal interest in the real property subject to the Original Agreement; and, L. WHEREAS, ARE -SF 12, ARE -SF 44, and ARE -SF 46 have filed an application for a modification (the "Use Permit Modification ") of the Conditional Use Permit UP05 -0005) thatunderlies the Original Agreement (the "Original Use Permit "), and, in conjunction with such Use Permit Modification, have submitted to the City a supplementalPlan Set, dated March, 2013, prepared by the Architect (the "Supplemental Plan Set ") (the Use Permit Modification, Supplemental Plan Set, and Conditions of Approval are attached hereto as Exhibit F and incorporated herein by reference); and, M. WHEREAS, ARE -SF 12, ARE -SF 44, and ARE -SF 46 haverequested the City to enter intothisFirst Amendment to modify the rights and obligations of theParties relating to the development of the Project; and, N. WHEREAS, all proceedings necessary for the valid adoption and execution of this First Amendment have taken place in accordance with Government Code Sections 65864 through 65869.5, the California Environmental Quality Act, and Chapter 19.60 of the South San Francisco Municipal Code; and, O. WHEREAS, the City Council and the PlanningCommission have found that this First Amendment and the Use Permit Modification are consistent with the objectives, policies, general land uses, and programs specified in the South -San Francisco General Plan as adopted on October 13, 1999, and as amended from time to time; anal, P. WHEREAS, on July 24, 2013, the City Council adopted Ordinance No. 1473 -2013, approving and adopting this First Amendment, andthe Ordinancethereafter took effect on August 23, 2013. AGREEMENT NOW, THEREFORE, theParties, pursuant to the authority contained in Government Code Sections65864 through 65869.5 and Chapter 19.60 of the South San Francisco Municipal Code, and in consideration of the mutual covenants and agreements contained herein, agree as follows: 1. Effective Date Pursuant to Section 19.60.140 of the South San Francisco Municipal Code, notwithstanding the fact that the City Council adopts an ordinance approving this First Page 3 of 14 249 E. Grand Ave. -]st Amend. To Dev. Agt. August 23, 2013 Amendment, this First Amendment shall be effective and shall only create obligations for the Parties from and after the date that the ordinance approving this Agreement takes effect ( "Effective Date "). 2. Defined Terms As of the Effective Date, (i) the term "Agreement ", as used in the Original Agreement and/or this First Amendment, shall mean the Original Agreement, as amended by this First Amendment, (ii) the term "Use Permit ", as used in the Original Agreement and /or thisFirstAmendment, shall mean the Original Use Permit, as amended by the Use Permit Modification, (iii) the term "Plan Set ", as used in the Original Agreement and /or this First Amendment, shall mean the Original Plan Set, as amended by the SupplementalPlan Set, and (iv) the term "Owner ", as used in the Original Agreement and/or this First Amendment, shall mean ARE-SF 44 and its successors andassigns, as to the First Transferred Parcel, ARE -SF 46 and its successors and assigns, as to theSecond Transferred Parcel, and ARE -SF 12 and its successors andassigns, as to the remainder of the Property and as to any rights and/or obligations that pertain to the Project asa whole ratherthan to individual portions of the Property (whether such portions have been transferred to another person or entity or retainedby ARE -SF 12) (ems., the rights and obligations set forth in Sections 3fb) and 3fg below and the rights and obligations regardingthe Rails To Trails improvements set forth in Section 12(b) of the Original Agreement, as amended bySection 6 below). Any initially- capitalized term used in this First Amendment without being expressly defined when first used shall have the meaning given to such term in the Original Agreement. 3. Modification of Project Descri t io_n and Selected Standards For Project In accordance with the Use Permit Modification and the Supplemental Plan Set: a) The first paragraph of Section 3 of the Original Agreementshall be amended so that the Project shall consist of four (4) 3- to 5 -story office /research and development buildings totaling approximately 540,000 square feet, a 4 -level above - ground parking garage, and related improvements, as provided in the Original Plan Set, as amended by the Supplemental Plan Set, both as approved by the City Council. b) Therequired parking ratio for all uses in the Project shall be 2.50 parking spaces per 1,000 square feet; provided, however, that Owner may elect, in its sole discretion, to increase the required parking ratio up to, but not morethan, 2.83 parking spaces per 1,000 square feet (i) by giving the City written notice of such election at least sixty (60) days before the increase in the required parking ratio is to become effective, and (ii) by simultaneously submitting to the City a Transportation Demand Management (TDM) reportdocumenting that the goal of 32% alternative mode usage by employees within the Project has been achieved as of date not more than sixty (60) days prior to the submission of such TDM report to the City. The TDM report will be prepared by an independent Page 4 of 14 249 E. Grand Ave. -1st Amend. To Dev. Agt. August 23, 2013 consultant, retainedby the City with the approval of Owner (which approval shall not be unreasonably withheld or delayed) and paid for by Owner, which consultant will work in concert with Owner's TDM coordinator. The TDM report will include supporting statistics and analysis to establish attainment of the goal, including, butnot limited to, a determination ofhistorical employee commute methods, which information shall be obtained by a survey of all employees working in all previously constructed buildings on the Property (with all non - responses being counted as a drive alone trip). c) During construction of the Phase 3 Building, the Phase 4 Building, the Garage, and the remainder of the Project, interim parking shall be provided as follows: 1. Existing temporary surface parking on the Property will be removed to construct the Phase 3 Building. New surface parking (some permanent, some temporary) will be constructed on the eastern portion of the Property to replace the temporary surface parking that will be removed to construct this building_ The new surface parking will be completedbefore the temporary surface parking is removed, in order to maintain the required parking (based on a parking ratio of 2.50 parking spaces per 1,000 square feet) for the previously constructed Phase i Building and Phase 2 Building. 2. After completion of the Phase 3 Building, existingtemporary surface parking onthe Property will be removed to construct the Phase 4 Building and theGarage. The temporary surface parking to be removed for these buildings will create a deficit of 517 parking spaces (based on a parking ratio of 2.50 parking spaces per 1,000 square feet) for the previously constructed Phase 1 Building, Phase 2 Building, and Phase 3 Building. Owner will providetemporary surface parking to cover such deficit by causing newtemporary surface parking to be constructed on the nearby site commonly known as 213 East Grand Avenue (which is owned by ARE -San Francisco No. 21, L.P., a California limited partnership, and ARE -San Francisco No. 42, LLC, a Delaware limited liability company, affiliates of Owner) ( "Off -Site Parking Parcel "). The new surface parking will be completedbefore the temporary surface parking is removed, in order to maintain the required parking (based on a parking ratio of 2.50 parking spaces per 1,000 square feet) for the previously constructed Phase 1 Building, Phase 2 Building, andPhase 3 Building. Any agreement(s) necessary to construct the new temporary surface parking on the Off-Site Parking Parcel shall be Owner's sole responsibility. City staff review of applications for permits or other certificates orapprovals necessary to construct the new temporary surface parking on the Off-Site Parking Parcel shall be limited as provided in Section 4 of the Original Agreement. Page 5 of 14 249 E. Grand Ave. -1st Amend. To Dev. Agt. August 23, 2013 3. All interim parking shall be in the locations depicted on the Supplemental Plan Set or in such otherlocations as may be reasonably approved by the City. 4. Vesting of Approvals Upon the City's approval of the Use Permit Modification, the Supplemental Plan Set, and this FirstAmendment, such approvals shall vest in Owner and its successors and assigns as provided in Section 5 of the Original Agreement. 5. Public Safety Impact Fees Owner hereby agrees that the Public Safety Impact Fee, as approved and adopted by the City Councilthrough the adoption of Ordinance No. 97 -2012 (whichtook effect on February 8, 2013), shall apply to the Phase 3 Building and the Phase 4 Building, butshall notapply to the Phase 1 Building, the Phase 2 Building, or the Garage. Public Safety Impact Fees for the Phase 3 Building and the Phase 4 Building shall be determined based onthe application of the formula in effect as of the time such Public Safety Impact Fees become due and payable. Section 9 of the Original Agreement shall not be amended except to the extent necessary to give effect to this Section. 6. Rails To Trails Improvements Section 12(b) of the Original Agreement shall be deleted in its entirety and replaced with the following: b) Rails To Trails Improvements or Payment. The rail corridor abutting the northerly boundary of the Property, consisting of a narrow strip of land extending from Forbes Boulevard at its westerly end to Allerton Avenue at its easterly end and more particularly described in Exhibit E attachedhereto and incorporated herein by reference (the "Trail Corridor "): (i) is identified in the City's General Plan as a futurebike path, and (ii) is currently owned in fee by HCP Forbes, LLC HCP "). The City is considering whether and how to implement a "rails to trails" programthat would cause the TrailCorridor and other similarly situated paths and corridors in the City to be improved and made available for public use. As part of that process, (x) the City and HCP have included certain provisions concerning the Trail Corridor in the DevelopmentAgreement (the "HCP A eement ") for the property commonly known as 494 Forbes Boulevard, and (y) the City and Bayside Area Development, LLC ( "Bayside "), have included certain provisions concerning the Trail Corridor in the Development Agreement (the "Bayside Agreement ") for the properties commonly known as 328 Roebling Road, 340 Roebling Road, and233 East Grand Avenue (the "Bayside Property"). For purposes of this Agreement, the term "Adjacent Trail Corridor" shall mean the portion of the Trail Corridor that abuts the northerly boundary of the Property and is boundedon the westerly end of such portion by Forbes Boulevard and is bounded on theeasterly end of such portion by an extension of the eastern most boundary line of the Property that intersects and is roughly perpendicular to the Page 6 of 14 249 E. Grand Ave. -1st Amend. To Dev. Agt. August 23, 20I3 southerly boundary of the Trail Corridor, excepting the portion of the Trail Corridor that abuts the northerly boundary of the Property and isboundedon the westerly end of such excepted portion by an extension of the westerly boundary line of the Bayside Property and is bounded on the easterly end of such excepted portion by an extension of the easterly boundary line of the Bayside Property. The City herebyacknowledges and agrees that the timing for improving the Trail Corridor and for making the Trail Corridor available for public use (either through a dedication of the Trail Corridor for public use orthrough a conveyance to the City or its designee of fee title to the Trail Corridor) will be governed by the terms and conditions of the HCPAgreement and the Bayside Agreement. Accordingly, Owner and the City will reasonably cooperate and coordinate with HCP and Bayside with respecttoany obligations Owner may have concerning the Adjacent Trail Corridor. Further, by written notice to Owner, the City, in itsreasonable discretion, may elect to requireOwner to implement either the provisions of subsection 12(b)l. below ("Option A ") or the provisions of subsection 12(b)2. below ( "Option B"); provided, however, the City cannot elect to implement Option A unless and until the City elects to implement similar options in the HCP Agreement andthe BaysideAgreement. If the City fails to notify Owner of its election before December 31, 2014, then the City shall be deemedto haveelected Option B. 1. Option A. If the City elects to implement Option A, then Owner shall do the following at Owner's sole cost andexpense: A) Owner, in consultation with the City, shall design improvements to the Adjacent Trail Corridor (the "Adjacent Trail Corridor Primary Improvements "). Except as otherwise mutually agreed by Owner and the City, said Adjacent Trail Corridor Primary Improvements shall consist of paving, lighting, and landscaping of a design and scope consistent with standard portions of the City's then existing Rails to Trails corridor of the Bay Trail. In addition, Owner, in consultation with the City, shalldesign a stairway and wheelchair lift from the Property to the Adjacent Trail Corridor Primary Improvements, in the location depicted onthe Supplemental Plan Set or in such other location as may be reasonably approved by the City, and a bicycle access path across the Property from Roebling Road to the Adjacent Trail Corridor Primary Improvements, in such location as may be reasonably approved by the City collectively, the "Adjacent Trail Corridor Access Improvements "). The Adjacent Trail Corridor Primary Improvements and the Adjacent Trail Corridor Access Improvements are referred to collectively in this Agreement as the "Adjacent Trail Corridor Improvements ". The City herebyacknowledges and agrees that any agreement(s) (other than the HCP Agreement and the Bayside Agreement) that may be necessary to allow Owner to enter the Trail Corridor to install the Adjacent Trail Corridor Primary Page 7 of 14 249 E. Grand Ave. -1st Amend. To Dev. Agt. August 23, 2013 Improvements shall be the City's sole responsibility. Owner shall submit to the City plans and a cost estimate for the Adjacent Trail Corridor Improvements, for review and approval by the City, within six (6) months after receiving noticethat the City has elected to implement Option A. B) Upon approval of such plans and costestimate by the City, Owner shall construct the Adjacent Trail Corridor Improvements in accordance with the approved plans in all material respects. Owner shall complete construction of said Adjacent Trail Corridor Improvements by the later of (i) the date that is twelve (12) months after the City's approval of the plans and cost estimate for such improvements, and (ii) August 25, 2016 (subject, however, to x) delays in obtaining any agreement(s) necessary to allow Owner toenter the Trail Corridor to install the Adjacent Trail Corridor Primary Improvements, (y) atypical delays in obtaining the City's approval of the plans for the Adjacent Trail Corridor Improvements, and/or (z) atypical delays in obtaining any permits or other certificates or approvals necessary to install the Adjacent Trail Corridor Improvements). C) Once installed, Owner shall have no responsibility for the maintenance, repair, or replacement of any of the Adjacent Trail Corridor Primary Improvements, except to the extent anysuch maintenance, repair, or replacement is necessary because of damage caused by Owner. Once installed, Owner, at Owner's sole cost and expense, shall be responsible for the maintenance, repair, or replacement of all of the Adjacent Trail Corridor Access Improvements. 2. Option B. If the City elects (or is deemed to haveelected) to implement Option B, then Ownershall do the following at Owner's sole cost and expense: A) Owner, within six (6) months after receiving written notice that the City has elected (or is deemedto have elected) to implement Option B, shall provide the City with a written cost estimate, subject to the City's review and approval, of the costs that would be required for construction of the Adjacent Trail Corridor Improvements of a nature and scope comparableto those described in subsection 12(b)1.(A) above. B) Upon approval of such cost estimate by the City, Owner, at or before the earlier of (i) issuance of a Certificate of Occupancy for the finalbuilding constructed as part of the Project (otherthan the Garage), and (ii) August 25, 2016, shall provide to the City funds Page 8 of 14 249 E. Grand Ave. -1st Amend. To Dev. Agt. August 23, 2013 in an amount equal to the aggregate cost set forth in such approved cost estimate, which funds shallthen beused by the City solely to upgradesubstandard portions of the City's then existing Bay Trail or to install new park or trail improvements within theEast of 101 PlanningArea. C) Upon written request byOwner, the City shall provide Owner with a description, in reasonable detail, of the sources and applications of funds providedby Owner and by other similarly situated property owners for the Bay Trail upgradesor other newpark or trail improvements (as applicable) contemplated in subsection 12(b)2.(B. 3. Assessment District. If at any time the City decidesto form an assessment district with the objective of acquiring and completing a rails to trails conversion for the rail corridor that includes the Trail Corridor, Owner agrees not to oppose the formation of such a district, provided that such assessment district includes substantially all other similarly situated propertiesbenefited by the proposed conversion and that the provisions governing such assessment district include reimbursement or credit to Owner for (A) any amounts already expended byOwner for design and construction of Adjacent Trail Corridor Improvements pursuant to Option A above, and/or (B) anyamounts paid by Owner to the City pursuant to Option B above." 7. Public Art Contribution Each reference to "December 31, 2014" contained in Section 12(c) of the Original Agreement shall be deleted and replaced with "June30, 2014 ". Miscellaneous a) Except to the extent amended and/ormodified by this First Amendment, the Original Agreement is hereby ratified and confirmed and all other provisions of the Original Agreement shall remain in full force and effect, unaltered and unchanged bythis FirstAmendment. If any provision of this First Amendment conflicts with and cannot be reconciled with any provision of the Original Agreement, the provision of this First Amendment shall control. All of the provisions of the Original Agreement (applying the defined terms set forth in clauses (i), (ii), (iii), and (iv) of Section 2 above) are made a part of, and are incorporated into, this First Amendment as if set forth in full in this First Amendment (including, butnot limited to, the provisions set forth in Sections 17, 22, 26, 27, 28, 29, 2 Ua , 21 b), M(c, 34(d), and 34(e) of the Original Agreement). b) This First Amendment may be executed in any number of counterparts, each of which shall be deemed an original and all of which, taken together, shall Page 9 of 14 249 E. Grand Ave. -1st Amend. To Dev. Agt. August 23, 2013 constitute a single agreement with the same effect as if all Parties had signed the same signature page. Any signature page from any counterpart of thisFirst Amendment, signed only by one Party, may be detached from such counterpart without impairing the legal effect of the signature(s) thereon, providedthat such signature page is re- attached to another counterpart of thisFirst Amendment that has a signature page signed by another Party. 9. Exhibits Exhibit A — Original Legal Description of Property Exhibit B — Current Legal Description of Property Exhibit C — Legal Description of First Transferred Parcel Exhibit D — Legal Description of Second Transferred Parcel Exhibit E — Legal Description of Trail Corridor Exhibit F — Use Permit Modification / Supplemental Plan Set 1 Conditions of Approval Page 10 of 14 249 E. Grand Ave. -1st Amend. To Dev. Agt. August 23, 2013 IN WITNESS WHEREOF, the City has executed thisFirstAmendment ontheday and year first above written. CITY OF SOUTH SAN FRANCISCO By: ` 4WX -.rry M y Manager ATTEST: City Clerk APPROVEDAS TO FORM O , City Attorney Page 11 of 14 249 E. Grand Ave. -1st Amend. To Dev. Agt. August 23, 2013 IN WITNESS WHEREOF, ARE -SF 12, ARE -SF 44, and ARE -SF 46 have executed this First Amendment on the day and year first above written. ARE -SAN FRANCISCO NO. 12, LLC, a Delaware limited liability company By: Alexandria Real Estate Equities, L.P., a Delaware limited partnership, Managing Member By: ARE -QRS CORP., a Maryland corporation, General Partner By: Name: is S. Johnson Title: Alice President Real state Legal Affairs ARE -SAN FRANCISCO NO. 44, LLC, a Delaware limited liability company By: Alexandria Real Estate Equities, L.P., a Delaware limited partnership, Managing Member By: ARE -QRS CORP., a Maryland corporation, General Partner Presidet it Real Estate -s.t Affairs ARE -SAN FRANCISCONO. 46, LLC, a Delaware limited liability company By: Alexandria Real Estate Equities, L.P,, a Delaware limited partnership, ManagingMember By: ARE -QRS CORP., a Maryland corporation, General Partner By: Title: _= Page 12 of 14 249 E. Grand Ave. -1st Amend. To Dev. Agt. August 23, 2013 STATE OF CALIFORNIA } COUNTY OF 3w%c,G{' } On g , 2013, before me, r n c,- ZI-0 0c A a q , a Notary Public in and for said State, personally appeared uf3c.rr- .r- t , who proved to me on the basis of satisfactory evidence to be the pd on whose nAne is subscribed to the within instrument and acknowledged to me that he /sloe executed the same in his/her authorized capacity, and that by his /hersignature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESSmy hand and official seal. My commission expires: C. -ft 6t-r- % -? D My commission number is: / 9 d 76-67 DONNA JO OCHOA Commission # 1907551 Notary Public - California iSanMateoCountyt MgComm. ExpiresOct 9, 2014 AFFIX SEAL] SKINATURE • M • • Page 13 of 14 249 E. Grand Ave. -1st Amend. To Dev. Agt. August 23, 2013 STATE OF CALIFORNIA } COUNTY OF a On I Z , 2013, beforeme, mvypkv a Notary Public in and for said State, personally appeared _ _ dyv, 5n AN , who proved to me on the basis of satisfactory evidence to be the personwhose name is subscribed to the within instrument and acknowledged to me that heAght-executed the same in hisAier- authorizedcapacity, and thatby hisll" signature onthe instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. My commission expires: - :S "ti , 1 20 -Z D My commission number is: CA y - ( 3 CHARLES L. MURPHY Commission # 1941763 x4 NotaryPublic - California Los Angeles County r My Comm. Expires Jul20, 20151 AFFIX SEAL] Page 14 of 14 249 E. Grand Ave. -1st Amend. To Dev. Agt. August: 23, 2013 EXHIBIT A ORIGINAL LEGAL DESCRIPTION OF PROPERTY All that certain real property in the City of South San Francisco, County of San Mateo, State of California, more particularly described as follows: LOT 27, BLOCK 2, AS SHOWN ON THE MAP OF "CABOT CABOT AND FORBES INDUSTRIAL PARK UNIT NO. 1 -B ", FILED MAY 25, 1966, IN BOOK 64OF MAPS, PAGES 49 -51, SAN MATEOCOUNTY RECORDS. The foregoing Iegal description does notinclude any exceptions or reservations or any easements or other rights thatmay be appurtenant to such real property] ASSESSOR'S PARCEL NOS. 015- 050 -440, 015- 050 -450 Page I of 1 249 E. Grand Ave: 1st Amend. To Dev. Agt. August 23, 2013 EXHIBIT B CURRENT LEGAL DESCRIPTION OF PROPERTY All that certain real property in the City of South San Francisco, County of San Mateo, State of California, more particularly described as follows: PARCELS 1, 2, 3, 4, AND 5, AS SHOWN ON PARCEL MAP 05 -0002, FILED MAY 15, 2008, IN BOOK 78 OF PARCELMAPS, AT PAGES 48 TO 53, SAN MATEOCOUNTY RECORDS. The foregoing Iegal description does not include any exceptionsor reservations or any easements or other rights that may be appurtenant to suchreal property] ASSESSOR'S PARCEL NOS. 015 -050 -780, 015 -050 -790, 015 - 050 -800, 015- 050 -810, 015 -050- 820, 015 -050 -830, 015- 050 -840 Page 1 of 1 249 E. Grand Ave. -1st Amend. To Dew. Agt. August 23, 2013 EXHIBIT C LEGAL DESCRIPTION OF FIRST TRANSFERRED PARCEL All that certain real property in the City of South San Francisco, County of San Mateo, State of California, more particularly described as follows: PARCEL 4, AS SHOWN ON PARCEL MAP 05 -0002, FILED MAY 15, 2008, IN BOOK 78 OF PARCEL MAPS, AT PAGES 48 TO 53, SAN MATEO COUNTY RECORDS. The foregoing legal description does not include any exceptions orreservations or any easements or other rights thatmay be appurtenant to such real property] ASSESSOR'S PARCEL NO. 015 -050 -820 Page 1 o €1 249 E. Grand Ave. -Ist Amend. To Dev. Agt. August 23, 2013 EXHIBIT D LEGAL DESCRIPTION OF SECOND TRANSFERRED PARCEL All that certain real property in the City of South San Francisco, County of San Mateo, State of California, more particularly described as follows: PARCEL 2, AS SHOWN ON PARCEL MAP 05 -0002, FILED MAY 15, 2008, IN BOOK 78 OF PARCEL MAPS, AT PAGES 48 TO 53, SAN MATEO COUNTY RECORDS. The foregoing legal description does notinclude any exceptions orreservations or any easements or other rights that may be appurtenantto such real property] ASSESSOR'S PARCEL NO. 015- 050 -800 Page 1 of 1 249 E. Grand Ave. -1st Amend. To Dev. Agt. August 23, 2013 EXHIBIT E LEGAL DESCRIPTION OF TRAIL CORRIDOR All that certain real property in the City of South San Francisco, County of San Mateo, State of California, more particularly described as follows: LOT 7 IN BLOCK 2 OF CABOT, CABOT & FORBES INDUSTRIAL PARK UNIT NO. 1, AS SHOWN ON MAP FILEDFEBRUARY 26, 1965, IN BOOK 61, PAGES 45 THROUGH 49 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. The foregoing legal description does notinclude anyexceptionsorreservationsorany easements or other rights thatmay be appurtenant to such real property] Page 1 of 1 249 E. Grand Ave. -1st Amend. To Dev. Agt. August 23, 20I3 21475 97.2 EXHIBIT F USE PERMIT MODIFICATION / SUPPLEMENTAL PLAN SET / CONDITIONS OF APPROVAL See Following Pages ] Page IofI 249 E. Grand Ave.4st Amend. To Dev. Agt. August 23, 2013 DEPARTMENT OF ECONOMIC AND COMMUNITY DEVELOPMENT PLANNING DIVISION 650) 677 -8535 FAX (650) 829 -6639 E -MAIL WED- ECD@SSF.NET CITY COUNCIL 2013 PEDRO GONZALEZ, MAYOR ICARYL MATSUMOTO, MAYOR PRO TEM MARK ADDI EGO, COLN CI LMEM B ER RICHARD A. GARBARINO, COUNCILMEMBER PRADEEP GUPTA, PH.D., COUNCILMEMBER BARRY M. NAGEL. CITY MANAGER NOTICE OF ACTION SOUTH SAN FRANCISCO PLANNING COMMISSION TO: ARE - Robert Kain APPLICATION: P05- 0019:UPM13 -0002 & DAA13- 0002- Use Permit Modification and a modification of the associated Development Agreement to allow a parking space reduction resulting in a ratio of 2.50 Parking Spaces per 1000square feet, minor building adjustments and temporary off -site parking at213 East Grand Avenue during Phase IV construction for the previouslyentitled 249 East Grand Avenue Office/R&D Project, at 249 -289 East Grand Avenue in the Business Technology Park (BTP) Zoning District in accordance with SSFMC Chapters 19.6 0, 20.110 & 20,330. APPLICANT: ARE -SF No, 44, LLC ADDRESS: 249 East Grand Ave. The South San Francisco Planning Commission at a meeting held on June 20, 2013 voted (6 -0) to take the following action on the above applications: rJ( APPROVED *Based on the Findings and subjectto the attached Conditions of Approval F1 DENIED * Based on the Findings of Denial CONT]IN'UED # Specific Date or Off Calendar) n FORWARDED Recommendationto APPROVE /DENY J Item Tentatively scheduled for City Council Meeting APPEAL PROCEDURE: Appeal to the City Council of the above Commission decision may be fled in writingwith the City Clerk no laterthan July 5, 2013. Appeals of Zoning Cases require a filing fee according to the provisions of the City's Master Fee Schedule, This fee shall be filed with the Planning Division no later than theabove date. An appeal is not valid without the required fee. Please be advised that no building permit can be issued until the appeal period is over. NOTICE OF ACTION SOUTH SAN FRANCISCO PLANNING COMMISSION Page 2of 2 Please refer to the Conditions of Project Approval set forth herein. If you believe that these Conditions impose any fees, dedications, reservation or other exactions under the California Government Code Section 66000, you are hereby notified that these Conditions constitute written notice of a statement of the amount of such fees, and /or a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90 -day approval period in which you mayprotest such fees, dedications, reservations, and other exactions, pursuant toGovernment Code Section66020(a), has begun. If you fail to file a protest within this 90 -day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions. I certify that the foregoing isan accurate representation of the action of the Planning Commission in consideration of this application. BY:_ DATE: June 21, 2013 Susy Kalkin — - -- Chief Planner City of South San Francisco cc: CRW Record Owner Applicant RESOLUTION NO. 2734 -2013 PLANNING COMMISSION, CITY OF SOUTH SAN FRANCISCO STATE OF CALIFORNIA A RESOLUTION MAKING FINDINGS AND CONDITIONALLY APPROVING USE PERMIT MODIFICATION AND A MODIFICATION OF THE ASSOCIATED DEVELOPMENTAGREEMENT TO ALLOW A PARKING SPACE REDUCTION RESULTING IN A RATIO OF 2.50 PARKING SPACES PER 1,000 SQUARE FEET, MINOR BUILDING ADJUSTMENTS AND TEMPORARY OFF -SITE PARKINGAT 213 EAST GRAND AVENUE DURING PHASE IV OF CONSTRUCTION FOR THE PREVIOUSLY ENTITLED 249 EASTGRAND AVENUE OFFICE /R &D PROJECT, AT 249 -289 EAST GRAND AVENUE IN THE BUSINESS TECHNOLOGYPARK (BTP) ZONING DISTRICT; AND RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE APPROVING THE FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR 249 EAST GRAND AVENUE WHEREAS, Alexandria Real Estate Equities (ARE) ( "Owner" or "Applicant ") submitted an application requesting approval of a Use Permit Modification and a Modification of the associated Development Agreement to allow a parking space reduction resulting in a ratio of 2.50 Parking Spaces per 1,000 square feet, minorbuilding adjustments and temporary off -site parking at 213 East Grand Avenue during Phase IV of construction for the previously entitled 249East Grand Avenue Office/R &DProject, at 249 -289 East Grand Avenue in the Business Technology Park (BTP) Zoning District; and WHEREAS, the City Council certified an Environmental Impact Report (EIR) on July 12, 2006 in accordance with the provision of the California Environmental Quality Act (Public Resources Code, §§ 21000, etseq., "CEQA ") and CEQA Guidelines, which analyzed the potential environmental impacts of the Project; and, NOW, THEREFORE, BE IT RESOLVED that based on the entirety of the record before it, which includes without limitation, the California Environmental Quality Act, Public ResourcesCode 21000, et seq. ( "CEQA ") and the CEQA Guidelines, 14 California Code of Regulations § 15000, et seq.; the South San Francisco General Planand General Plan EIR; the South San Francisco Municipal Code; the Projectapplications; the EIR, including the Draft and Final EIR prepared and certified for 249 East Grand AvenueProject and appendices thereto; all site plans, and all reports, minutes, and public testimony submitted as part of the PlanningCommission's duly noticed June 20, 2013 meeting; andany other evidence (within the meaning of Public Resources Code §21080(e) and 21 082.2), the Planning Commission of the City of South San Francisco hereby finds as follows: A. General Findings 1. The foregoing recitals are true and correct. 2. The Exhibits attached to this Resolution, including the Conditions of Project Approval (Exhibit A), theproposed First Amendment to the Development AgreementExhibit B) are each incorporatedby reference as part of this Resolution, as if each were set forth fully herein. 3. The documents and other material constituting the record for these proceedings are located at the Planning Division for the City of South San Francisco, 315 Maple Avenue, South San Francisco, CA 94080, and in the custody of Chief Planner, Susy Kalkin. B. Use Permit Modifications 1. The proposed Use Permitmodifications, including parking space reduction resulting in a ratio of 2.50 Parking Spaces per 1,000 square feet, minor building adjustments and temporary off-site parking at 213 East Grand Avenue, are compatible with the intent and purpose of the BTP zoning district because the Projectcontinues to promote campus -style uses, such as biotechnology, high - technology and research and development uses. With the exception of parking, the proposed Proj ect modifications meet or exceed the minimum standards and requirements of the City's Zoning Ordinance which designates thesite BTP, Business Technology Park. 2. Theproposed Project, as modified, is consistent with the General Plan and the "East of 101" Planning Sub -Area as defined by the City of South San Francisco's General Plan. The GeneralPlan Land Use Element designatesthe property Business and Technology Park. Office/R &D use isspecificallyidentified as an appropriate use under this designation. Additionally, thecategory provides for a floor area ratio (FAR) of .50, with permissible increases to a maximum FAR of 1.0 based onimplementation of a Transportation Demand Management (TDM) program as outlined in the City's TDM Ordinance. The proposed FAR of .79 requires that the applicant prepare, implement and maintain a TDM Plan designed to achieve a 32% shift to alternative modes of travel otherthan single occupant vehicles. GuidingPolicy 3.5 -G -3 also specifically supports the Project —to promote campus -style biotechnology, high - technology, and research and development uses in the East of 101 Area. The Project provides on -site amenities, such as a fitness center and a cafeteria, which is consistent with the General Plan policies for the East of 101 Area. 3. Theproposed Project modifications will not be adverse to the public health, safety, or general welfare of the comp aunity, nor detrimental to surrounding properties or improvements. The proposedphasing would continue to provide therequired parking necessary for the existing uses on- site. While some of the spaces will be provided off -site, the spaces will be in close proximity to the subject property and pedestriansafety design elements will be installed to protect employees parking off -site at 213East Grand, and to clearly delineate pedestrian crossings for drivers. 4. The proposed Project modifications comply with the design and development standards applicable to the BTP zone district andthe East of 101 Area Plan in that the Project is a campus -style developmentthat provides on -site amenities, such as a fitness center and a cafeteria, 4 which are consistent with the General Plan policies for the East of 101 Area. The overall site design is not being altered with theproposed modifications. 5. The proposed Use Permit modifications and associated DevelopmentAgreement modifications will not impact thedesign, location, size and operation characteristics of the originally approved Project. The Project is a campus -style R &D developmentthat is consistent with the intent of the East of 101 Area Plan and will continue to be compatible with the existing and reasonably foreseeable future land uses in the vicinity. While theproposed phasing and parking plan modifications alter the operational characteristics of the originally approved Project, the off -site parking is in close proximity to the subject Property and will not be disruptive to other land uses in the vicinity. 6. The 15.75 acres siteis physically suitable for the type and intensity of the R &D land use that currently occupiesthesite. The General Plan specifically contemplates the proposed type of Project and the suitability of the site for development was analyzed thoroughly in the environmental document prepared for the project. The proposed Project modifications will have no impact on these features. 7. An Environmental Impact Report was prepared for the Project in accordance with the provisions of CEQA. Mitigation measures have been incorporated into the Project which reduce all but three identified impacts to a less than significant level. The City Councilcertified the EIR (State Clearinghouse number 2005- 042121) on July 12, 2006. The EIR included a Mitigation Monitoring and Reporting Program along with a Statement of Overriding Consideration. The modifications to the parkingduring the Project phasing havebeen analyzed and have been determined to be minor and temporary with no substantive changes that would result in any additional environmental impacts. Therefore, no furtherCEQA action is required. C. Use Permit — Off-Site Parkin 1. The proposed off -site parkingduring Phase IV will be within 400 feet of the subject property, at 213 East Grand, which is Iocated one property (approximately 300' -350') west of the development property, within easy walking distance, and is also owned by the applicant. Access betweenthe subject property and 213 EastGrand will be provided along a pavedhandicap accessible walkway. 2. The First Amendment to the Development Agreement will meet the condition requiring a parking agreement as it covers the terms and provisions related to the proposed off-site parking at213East Grand Avenue. It has been approved bythe City Attorney and will be recorded in the County Recorder's Office, D. Development Agreement I. The Owner and City have negotiated a First Amendmentto the Development Agreement ( "Development Agreement ") pursuant toGovernment Code section 65864 et seq. The DevelopmentAgreement, attached hereto as Exhibit B, sets for the duration, property, project criteria, and other required informationidentified in Government Codesection65865.2. Based on the findings in support of the Project, the PlanningCommission finds that the Development Agreement, vesting a project for a campus -style development of office and R &D buildings, is consistent with the consistent with the objectives, policies, general land uses and programs specified in theSouth San Francisco General Plan and any applicable zoning regulations. 2. The Development Agreement is compatible with the uses authorized in, and the regulations prescribed for the land use district in which the real property is located. Thesubject site is physically suitable for the type and intensity of the land use being proposed. The General Plan specifically contemplatesthe proposed type of project andthe suitability of the site for development was analyzed thoroughly in the environmental document prepared for the Project. 3. The Development Agreement is in conformity with public convenience, general welfare and good land use practice. 4. The Development Agreement will not be detrimental to the health, safety and general welfare. 5. The Development Agreement will not adversely affect the orderly development of property or the preservation of property valued. NOW, THEREFORE, BE IT FURTHER RESOLVED that subject to the Conditions of Approval, attached as Exhibit A to thisresolution, the Planning Commission of the City of South San Francisco hereby makes the findings contained in this Resolution, and conditionally approves the Use Permit Modifications (UPM13 -0002) and Modifications to the associated Development Agreement (DAA13 -0002) for the Project. BE IT FURTHER RESOLVED that the conditional approvals stated herein are conditioned upon the approval and execution of the First Amendment to the Development Agreement for the 249 East Grand Avenue Project, BE IT FURTHER RESOLVED that the PlanningCommission of the City of South San Francisco hereby makes the findings contained in this Resolution, and recommends that the City Council adopt an ordinance approving the proposed First Amendment to the Development Agreement for the 249 EastGrand Avenue Project, attached as Exhibit B. BE IT FURTHERRESOLVED that the Resolution shall become effective immediately upon its passage and adoption. I hereby certify that the foregoingresolution was adopted by the Planning Commission of the City of South San Francisco at the regularmeeting held on the 20th day of June, 2013 by the following vote: 0 AYES; Chain2erson Ochsenhirt Commissioner Giusti Commissioner Khalfin Commissioner SimCommissionerWong and Commissioner Zemke NOES: ABSTENTIONS: ABSENT: Vice Chairperson Martin___ Attest: /s /Susy Kalkin Susy Kalkin Secretary to the Planning Commission EXHIBIT A PROPOSED CONDITIONS OF APPROVAL 249 East Grand Avenue Project Use Permit Modifications and Modifications to the Associated DevelopmentAgreement P05 -0019, UPM13 -0002 & DAA13 -0002 As recommended byCity Staff on June20, 2013) A. Planning Division requirements shall be as follow: The Projectshall be constructed substantially as indicated on the attached249 East Grand Plans, as prepared by DGA planning, architecture, interiors; the FIR, including the Draft and Final FIR certified for the249 Fast Grand Avenue Project and appendices thereto; all site plans, and all reports, minutes, and public testimony submitted as part of the PlanningCommission's duly noticed June20, 2013, meetings; and any other evidence (within the meaning of Public ResourcesCode §21080(e) and §21082.2), except as otherwise modified by the following conditions: 1. The applicant shall comply withall previous Conditions of Approval included in the July 12, 2006 City Council approval of UP05 -0005, DR05 -0043, SIGNS06 -0008, PM05 -0002, PUD05 -0001 and TDM05 -0001 for the construction of the 249 East Grand Avenue site. 2. The applicant shall comply with all applicable mitigation measures identified in the 249 East Grand Avenue Project FIR and the MitigationMonitoring and Reporting Program (MMRP). 3. The parking ratio for the 249East Grand Avenue project shall be 2.5 parking spaces 1,000 square feet. However, if the applicant wishes to increase the required parking ratio up to, but notmore than, 2.83 parking spaces per 1,000 square feet the applicant shall provide written notice to the City at least sixty (60) days before the increase in the required parking ratio is to become effective; simultaneously the applicant shall also submitto the City a Transportation Demand Management (TDM) report documentingthat the goal of 32% alternative mode usage by employees within the Project has been achieved as of date not more than sixty (60) days prior to the submission of such TDM reportto the City. 4. Prior to approval of the first building and/demolition permit for off -site parking at 213 East Grand Avenue, the applicant shall submit plans that detail the parking plan, landscaping, and both vehicular and pedestrian circulation paths for approval by the City Chief Planner. 5. Theapplicant shall notsell or otherwise transfer their interest in the parcel at 213 East Grand Avenue during the temporary use of the site for required parking for the 249 -289East Grand Avenue site. 6. Uponcompletion of Phase IV and the new permanent parking at 249 -289East Grand Avenue, which includes all four (4) of the approved buildings and the parking garage, the applicant shallabandon the temporary parking use at 213 East Grand Avenue. 7. The applicant shall comply with all standard conditions as outlined in the "Standard Conditions and Limitations for CommercialIndustrial, Mixed -Use and Multi- Family Residential Projects ", dated February 2013. Accordingly, minor changes or deviations from the approved plans may be approved by the Chief Planner; significant changes shall require approval of the PlanningCommission. All of the above entitlements shall not become effective until after the Ordinance approving the requested modifications to the Development Agreement becomes effective. Planning Division contact: Catherine Barber (650) 877 -8535) B. Engineering Division requirementsshall be as follow: The applicantshall restripe all crosswalks and survey all sidewalks for any tripping hazards from the off -site parking areaat 213 East Grand to249 -289 East Grand. Engineering Division contact: Sam Bautista, Principal Engineer (650) 829 -6652) S ov." 77- z r rrZi 4 Duna w p 3 r r' ALM. ;, i 61Lpi t i r rrZi 4 Duna w p3 r r' ALM. ;, i 61L pi a r h x 0 — Ste• ! .. \ y n a r s r. e . 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Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:16-631,Version:1 StaffReport-SecondAmendmenttoaDevelopmentAgreementbetweenARE-SanFranciscoNo.12LLC, ARE-SanFranciscoNo.44,LLC,andARE-SanFranciscoNo.46,LLC andtheCityofSouthSanFranciscoto allowforatwo-yearextensionoftheDevelopmentAgreementforthepreviouslyentitledOffice/R&DProject at249-289EastGrandAvenueintheBusinessTechnologyPark(BTP)ZoningDistrictinaccordancewith SSFMC Chapters 19.60 & 20.110.(Tony Rozzi, Senior Planner) RECOMMENDATION StaffrecommendsthatthePlanningCommissionconductapublichearingandadoptaResolution recommendingthattheCityCounciladoptanOrdinanceapprovingtheproposedSecondAmendmentto the Development Agreement. BACKGROUND OnJuly12,2006,theCityCouncilapprovedaConditionalUsePermit,TransportationDemandManagement Plan(TDM),SignProgram,TentativeMap,DevelopmentAgreementandPlannedUnitDevelopmentPermit forthedevelopmentofthe15.75-acresitelocatedat249EastGrandAvenue(“Project”).TheProjectconsists ofacampus-styleresearch&developmentcomplexwithfour(4),threetofivestoryoffice/R&Dbuildings totalingapproximately534,500squarefeet,with5,500squarefeetofancillaryretailspace,andafour(4)level parkinggarage.TheentitlementapprovalsalsoincludedcertificationofanEnvironmentalImpactReport(EIR) withtheadoptionofaStatementofOverridingConsiderationsandMitigationMonitoringandReporting Program. CurrentlytheProjectsitecontainsthreebuildings.Building1(PhaseI)at249EastGrandwasconstructedin 2008andhasaLEEDSilvercertification.Thisisthewesternmostbuildingonthesiteandis4-storiesand 136,191squarefeet.Building4(PhaseII)at259EastGrandwasconstructedin2012andis5-storiesand 163,257squarefeet.Building2(PhaseIII)at269EastGrandwasconstructedin2013.Thisbuildingis3- storiesand102,616squarefeet.Theprevioustenant,OnyxPharmaceuticals,didnotoccupythisbuildingor undertaketenantimprovements.AllthreebuildingswillbeoccupiedbyVerilyLifeSciencesbytheendofthis year. DISCUSSION Thedeveloper,AlexandriaRealEstateEquities,Inc.(ARE-SanFranciscoNo.12LLC,ARE-SanFrancisco No.44,LLC,andARE-SanFranciscoNo.46,LLCcollectivelyidentifiedas “ARE”),hasstartedplanningfor theconstructionofthelastphase(PhaseIV)buildingonthecampus,whichincludes279EastGrand(Building 3)andthe4-storyparkinggarage.Building3at279EastGrand,willbe4-storiesand137,936squarefeet. AREhasrecentlyleasedthethreeconstructedbuildings(Buildings1,2,and4)toVerilyLifeSciencesand sinceBuilding3hasnotyetbeenbuilt,AREwishestoinvestigatepotentialmodificationstotheentitled Project,suchasnewamenitiesoncampusthatcanserveemployeesatVerily.Therefore,AREhasrequested thattheCityextendtheDevelopmentAgreementthree-yearstogivethedeveloperandCitystafftimeto prepareplansandenvironmentaldocumentationthatwilladdresspotentialchangestotheProject.Staffis recommending that the City grant a two-year extension, as reflected in the proposed Second Amendment. City of South San Francisco Printed on 8/3/2016Page 1 of 3 powered by Legistar™ File #:16-631,Version:1 DEVELOPMENT AGREEMENT (“DA”) First Amendment to the DA Aspartofthe2006Projectapprovals,theCityandtheapplicantnegotiatedaDevelopmentAgreement(“DA”) toclarifyandobligateseveralProjectfeaturesandmitigationmeasuresincludingtransportationimpactfees, publicimprovementsintheEastof101area,publicartcontribution,andTDMreportingandmonitoring requirementswhilesimultaneouslyvestingtheapplicant’sapprovalsfor10years.In2013,theCityCouncil adopted a Resolution approving the First Amendment to the Development Agreement. TheFirstAmendmenttotheDevelopmentAgreement(“AmendedDA”)includedProjectmodifications,such asparking,aswellassubstantiveamendments,includingarequirementforpaymentofthePublicSafety ImpactFee,RailstoTrails,andtimingforthePublicArtrequirement,whichwaschangedfromDecember31, 2014 to June 30, 2014. Second Amendment to the DA TheDAveststheapplicant’sapprovalsfor10years,whichendsonAugust25,2016.TheproposedSecond AmendmenttotheDA(“SecondAmendment”)wouldextendthedurationoftheDAfromAugust25,2016to August25,2018.TheproposedSecondAmendmentisincludedasAttachment1tothedraftCityCouncil Ordinance,whichisattachedtotheResolutionasExhibitA.TheSecondAmendmentonlymodifiesthe durationoftheDA;itdoesnotmodifytheapprovedplans,FAR,parkingratio,ordevelopmentfeesattheR&D campus.NotethatfollowingarecommendationbythePlanningCommission,theSecondAmendmentwillbe considered by the City Council for approval through adoption of an Ordinance. GENERAL PLAN CONFORMITY AND ZONING CONSISTENCY TheProjectisconsistentwiththeguidingandimplementingpoliciesintheGeneralPlanasithasbeendesigned topromotecampus-styleuses,suchasbiotechnology,high-technologyandresearchanddevelopmentuses. The site layout and overall architecture would continue to shape the campus character of the East of 101 Area. TheProjectsiteislocatedintheBTP(BusinessTechnologyPark)ZoneDistrictandispartofthe“Eastof101” PlanningSub-AreaasdefinedbytheCityofSouthSanFrancisco’sGeneralPlan.TheProjectisconsistent withtheGeneralPlanlandusewhichdesignatesthepropertyBusinessandTechnologyPark.Office/R&Duse isspecificallyidentifiedasanappropriateuseunderthisdesignation.Additionally,thecategoryprovidesfora floorarearatio(FAR)of.50,withpermissibleincreasestoamaximumFARof1.0basedonimplementationof aTransportationDemandManagement(TDM)programasoutlinedintheCity’sTDMOrdinance.The proposedFARof.79requiresthattheapplicantprepare,implementandmaintainaTDMPlandesignedto achievea32%shifttoalternativemodesoftravelotherthansingleoccupantvehicles.GuidingPolicy3.5-G-3 alsospecificallysupportstheProject-topromotecampus-stylebiotechnology,high-technology,andresearch anddevelopmentusesintheEastof101Area.TheProjectprovideson-siteamenities,suchasafitnesscenter andacafeteria,whichareconsistentwiththeGeneralPlanpoliciesfortheEastof101Area.Astheproposed SecondAmendmentonlymodifiesthedurationoftheDAanddoesnotmodifytheapprovedplans,FAR, parkingratio,ordevelopmentfeesattheR&Dcampus,theProjectremainsconsistentwiththeGeneralPlan under the proposed Second Amendment. ENVIRONMENTAL REVIEW ADraftEnvironmentalImpactReport(DEIR)waspreparedfortheProjectandwasinitiallycirculatedfrom October7toNovember22,2005.AnissuearosewithregardtocommentsprovidedbyCaltransonthedraft EIR,whichresultedintheneedtoreviseandrecirculatethetrafficsectionofthedocument.Thecomment periodonthepartialrevisiondraftEIRranfromMarch28toMay12,2006.AFinalEIRResponseto Commentsdocumentwaspreparedanddistributedaddressingallcommentsreceivedonboththedraftand City of South San Francisco Printed on 8/3/2016Page 2 of 3 powered by Legistar™ File #:16-631,Version:1 revised documents. ApublichearingwasheldbeforethePlanningCommissiononNovember3,2005toreceivecommentsfrom thepublicontheDEIR.TheCityCouncilcertifiedtheEIR(StateClearinghousenumber2005-042121)on July12,2006.TheEIRincludedaMitigationMonitoringandReportingProgramalongwithaStatementof Overriding Consideration. ThemodificationtothedurationoftheDAasproposedintheSecondAmendmentisconsideredtobe administrativeonly.Itdoesnotchangethephysicalconditions,impactsfromtheentitledProject,orresultina directorreasonablyforeseeableindirectphysicalchangeintheenvironment.Therefore,underCEQASection 15060(c), no further CEQA action is required. CONCLUSION UndertheproposedSecondAmendment,theProjectcontinuestocomplywiththepoliciesandprovisionsof theGeneralPlan,aswellasmeetorexceedtherequirementsoftheCity’sZoningOrdinance.Finally,as discussedabove,therearenoneworincreasedenvironmentalimpactsthatwouldoccurasaresultofthe proposed Second Amendment. Therefore,staffrecommendsthatthePlanningCommissionapproveaResolutionrecommendingthattheCity CounciladoptanOrdinanceapprovingtheSecondAmendmenttotheDevelopmentAgreement(DAA16-0001) for the Office/R&D Project at 249 - 289 East Grand Avenue. Attachments 1.ARE Request Letter 2.Executed Development Agreement 3.First Amendment to the Development Agreement Associated Documents 1.Planning Commission Resolution a.Exhibit A--City Council Ordinance i.Attachment 1--Second Amendment to the Development Agreement 2.Link to approved FEIR:<http://weblink.ssf.net/Weblink8/DocView.aspx?id=51347&dbid=0> City of South San Francisco Printed on 8/3/2016Page 3 of 3 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:16-632,Version:1 Resolution 2789-2016 recommending that the City Council Adopt an Ordinance Approving the Second Amendment to the Development Agreement for the Office/R&D Campus At 249 - 289 East Grand Avenue WHEREAS,pursuanttoCityCouncilOrdinanceNo.1372-2006,theCityofSouthSanFrancisco(“City”)and ARE-SanFranciscoNo.12,LLC(“ARE-SF12”)enteredintoadevelopmentagreement(“Development Agreement”)forthedevelopmentofanoffice/R&Dcampusat249-289EastGrandAvenue(“Project”), which was effective as of August 25, 2016; and WHEREAS,OnJune24,2013,theCityCounciladoptedOrdinanceNo.1473-2013approvinganamendment totheDevelopmentAgreementmodifyingcertainaspectsoftheProjectandrevisingthetimelinefor performanceofcertainobligations,includingpartiestotheagreementtoincludeARE-SF12,ARE-San FranciscoNo.44,LLC,andARE-SanFranciscoNo.46,LLC(collectivelyknownas“Owner”or“Applicant”) (“First Amendment”); and WHEREAS,OwnerhassubmittedanapplicationrequestinganadditionalmodificationtotheDevelopment Agreementtoextendthedurationofthetermandstaffrecommendsanextensionfromten(10)totwelve(12) years,whichwouldchangetheexpirationdatefromAugust25,2016toAugust25,2018(“Second Amendment”); and WHEREAS,thepotentialextensionprovidedforundertheSecondAmendmentwouldallowtheApplicantto investigate potential modifications to the Project; and WHEREAS,staffrecommendsthatthePlanningCommissionrecommendthattheCityCounciladoptan ordinanceapprovingtheSecondAmendment(“Ordinance”),adraftofwhichisattachedheretoand incorporated herein as Exhibit A. NOW,THEREFORE,BEITRESOLVEDthatbasedontheentiretyoftherecordbeforeit,whichincludes withoutlimitation,theCaliforniaEnvironmentalQualityAct,PublicResourcesCode§21000,etseq. (“CEQA”)andtheCEQAGuidelines,14CaliforniaCodeofRegulations§15000,etseq.;theSouthSan FranciscoGeneralPlanandGeneralPlanEIR;theSouthSanFranciscoMunicipalCode;theProject applications;theEIR,includingtheDraftandFinalEIRpreparedandcertifiedfor249EastGrandAvenue Projectandappendicesthereto;allsiteplans,andallreports,minutes,andpublictestimonysubmittedaspartof thePlanningCommission'sdulynoticedAugust4,2016meeting;andanyotherevidence(withinthemeaning ofPublicResourcesCode§21080(e)and§21082.2),thePlanningCommissionoftheCityofSouthSan Francisco hereby finds as follows: City of South San Francisco Printed on 8/5/2016Page 1 of 3 powered by Legistar™ File #:16-632,Version:1 General Findings 1.The foregoing recitals are true and correct. 2.ThedraftOrdinanceadoptingtheproposedSecondAmendmenttotheDevelopmentAgreement, attachedheretoasExhibitA,isincorporatedbyreferenceaspartofthisResolution,asifitweresetforth fully herein. 3.Thedocumentsandothermaterialconstitutingtherecordfortheseproceedingsarelocatedatthe PlanningDivisionfortheCityofSouthSanFrancisco,315MapleAvenue,SouthSanFrancisco,CA 94080, and in the custody of Planning Manager, Sailesh Mehra. Development Agreement 1.TheOwnerandCityhavenegotiatedaSecondAmendmenttotheDevelopmentAgreementpursuantto GovernmentCodesection65864 etseq andSouthSanFranciscoMunicipalCodeChapter19.60.The SecondAmendment,asproposed,isconsistentwiththeobjectives,policies,generallandusesandprograms specifiedintheSouthSanFranciscoGeneralPlanandanyapplicablezoningregulationsbecausethe extendeddurationwillsupportthedevelopmentoftheofaProjectthattheGeneralPlanspecifically contemplates in this area; and . 2.TheDevelopmentAgreement,asproposedforamendment,remainscompatiblewiththeusesauthorized in,andtheregulationsprescribedforthelandusedistrictinwhichtherealpropertyislocated.Thesubject siteisphysicallysuitableforthetypeandintensityofthelandusebeingproposed.TheGeneralPlan specificallycontemplatestheproposedtypeofprojectandthesuitabilityofthesitefordevelopmentwas analyzed thoroughly in the environmental document prepared for the Project. 3.TheDevelopmentAgreement,asproposedforamendment,remainsinconformitywithpublic convenience,generalwelfareandgoodlandusepracticeasitfulfillsthedevelopmentenvisionedwithin this area under the General Plan and all applicable specific plans. 4.TheDevelopmentAgreement,asproposedforamendment,willnotbedetrimentaltothehealth,safety andgeneralwelfareastheamendmentonlyextendsthedurationoftheagreementandtheprojectremains otherwise consistent with all approved environmental documentation and development plans. 5.TheDevelopmentAgreement,asproposedforamendment,willnotadverselyaffecttheorderly developmentofpropertyorthepreservationofpropertyvalued;astheSecondAmendmentwillensure adequatetimefortheApplicanttoconsiderpotentialmodificationstotheProjectandensurethatthose potentialmodificationscomplywiththeoveralldesignanddevelopmentvisionoutlinedbythe Development Agreement, General Plan and any applicable specific plans. NOW,THEREFORE,BEITFURTHERRESOLVEDthatthePlanningCommissionoftheCityof SouthSanFranciscoherebymakesthefindingscontainedinthisResolution,andrecommendsthattheCity CounciladoptanOrdinanceapprovingtheproposedSecondAmendmenttotheDevelopmentAgreementfor City of South San Francisco Printed on 8/5/2016Page 2 of 3 powered by Legistar™ File #:16-632,Version:1 Office/R&D Project at 249-289 East Grand Avenue, attached as Exhibit A. BEITFURTHERRESOLVEDthattheResolutionshallbecomeeffectiveimmediatelyuponits passage and adoption. City of South San Francisco Printed on 8/5/2016Page 3 of 3 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:16-660,Version:1 Waive reading of Ordinance adopting the Second Amendment to the Development Agreement for the Office/R&D Campus at 249 - 289 East Grand Avenue. WHEREAS,pursuanttoCityCouncilOrdinanceNo.1372-2006,theCityofSouthSanFrancisco(“City”)and ARE-SanFranciscoNo.12,LLC(“ARE-SF12”)enteredintoaDevelopmentAgreement(“Development Agreement”)forthedevelopmentofanoffice/R&Dcampusat249-289EastGrandAvenue(“Project”), which was effective as of August 25, 2006; and WHEREAS,theCityCouncilcertifiedtheEIR(StateClearinghousenumber2005-042121)fortheProjecton July12,2006,includingaMitigationMonitoringandReportingProgramandaStatementofOverriding Consideration; and WHEREAS,OnJune24,2013,theCityCounciladoptedOrdinanceNo.1473-2013approvinganamendment totheDevelopmentAgreementmodifyingcertainaspectsoftheProject,includingrevisingthepartiestothe agreementtoincludeARE-SF12,ARE-SanFranciscoNo.44,LLC,andARE-SanFranciscoNo.46,LLC (collectivelyknownas“Owner”or“Applicant”)andrevisingthetimelineforperformanceofcertain obligations (“First Amendment”); and WHEREAS,OwnerhassubmittedanapplicationrequestinganadditionalmodificationtotheDevelopment Agreementtoextendthedurationofthetermandstaffrecommendsanextensionfromten(10)totwelve(12) years,whichwouldchangetheexpirationdatefromAugust25,2016toAugust25,2018(“Second Amendment”); and WHEREAS,thepotentialextensionprovidedforundertheSecondAmendmentwouldallowtheApplicantto investigate potential modifications to the Project; and WHEREAS,themodificationtothedurationoftheDAasproposedintheSecondAmendmentis administrativeanddoesnotchangethephysicalconditionsorimpactsfromtheentitledProject,norwouldit resultinadirectorreasonablyforeseeableindirectphysicalchangeintheenvironment.Further,itcanbeseen withcertaintythatthereisnopossibilitythatextendingthedurationoftheDAwillhaveasignificanteffecton theenvironment.Therefore,underCEQAGuidelinesSection15060(c)andCEQAGuidelinesSection15061(b) (3), no further CEQA action is required; and WHEREAS,onAugust4,2016,thePlanningCommissionfortheCityofSouthSanFranciscoheldalawfully noticed public hearing to consider the Second Amendment; and WHEREAS,onAugust4,2016,thePlanningCommissionfortheCityofSouthSanFranciscoreviewedand City of South San Francisco Printed on 8/18/2016Page 1 of 4 powered by Legistar™ File #:16-660,Version:1 WHEREAS,onAugust4,2016,thePlanningCommissionfortheCityofSouthSanFranciscoreviewedand carefullyconsideredtheinformationandrecommendedthattheCityCounciladoptanordinanceapprovingthe Second Amendment (“Ordinance”); and WHEREAS,onAugust24,2016,theCityCouncilfortheCityofSouthSanFranciscoheldalawfullynoticed public hearing to consider the Second Amendment. NOW,THEREFORE,BEITORDAINEDthatbasedontheentiretyoftheRecordbeforeit,asdescribed below, the City Council of the City of South San Francisco does hereby ORDAIN as follows: SECTION I. FINDINGS I.General Findings 1.The foregoing recitals are true and correct and made a part of this Ordinance. 2.TheRecordfortheseproceedings,anduponwhichthisOrdinanceisbased,includeswithoutlimitation, federalandstatelaw;theCaliforniaEnvironmentalQualityAct,PublicResourcesCode§21000,etseq. (“CEQA”)andtheCEQAGuidelines,14CaliforniaCodeofRegulations§15000,etseq.;theSouthSan FranciscoGeneralPlanandGeneralPlanEnvironmentalImpactReport(EIR);theSouthSanFrancisco MunicipalCode;theProjectapplications;theEIR,includingtheDraftandFinalEIRpreparedandcertified for249EastGrandAvenueProjectandappendicesthereto;allsiteplans,allassociateddocuments,andall reports,minutes,andpublictestimonysubmittedaspartofthePlanningCommission'sdulynoticedAugust 4,2016meeting;andallreports,minutes,andpublictestimonysubmittedaspartoftheCityCouncil’sduly noticedAugust24,2016meetingandanyotherevidence(withinthemeaningofPublicResourcesCode §21080(e) and §21082.2). 3.ThemodificationtothedurationoftheDAasproposedintheSecondAmendmentisadministrative.It doesnotchangethephysicalconditionsorimpactsfromtheentitledProject,norwoulditresultinadirect orreasonablyforeseeableindirectphysicalchangeintheenvironment.Further,itcanbeseenwithcertainty thatthereisnopossibilitythatextendingthedurationoftheDAwillhaveasignificanteffectonthe environment.Therefore,underCEQAGuidelinesSection15060(c)andCEQAGuidelinesSection15061 (b)(3), no further CEQA action is required. 4.TheproposedSecondAmendmenttotheDevelopmentAgreement,attachedheretoasAttachment1,is incorporated by reference and made a part of this Ordinance, as if it were set forth fully herein. 5.Thedocumentsandothermaterialconstitutingtherecordfortheseproceedingsarelocatedatthe PlanningDivisionfortheCityofSouthSanFrancisco,315MapleAvenue,SouthSanFrancisco,CA 94080, and in the custody of Planning Manager, Sailesh Mehra. II.Development Agreement 1.TheOwnerandCityhavenegotiatedaSecondAmendmenttotheDevelopmentAgreementpursuantto GovernmentCodesection65864 etseq andSouthSanFranciscoMunicipalCodeChapter19.60.The SecondAmendment,asproposed,isconsistentwiththeobjectives,policies,generallandusesandprograms specifiedintheSouthSanFranciscoGeneralPlanandanyapplicablespecificplanbecausetheextended City of South San Francisco Printed on 8/18/2016Page 2 of 4 powered by Legistar™ File #:16-660,Version:1 specifiedintheSouthSanFranciscoGeneralPlanandanyapplicablespecificplanbecausetheextended durationwillsupportthedevelopmentofaprojectthattheGeneralPlanspecificallycontemplatesinthe Project site area; and 2.TheDevelopmentAgreement,asproposedforamendment,complieswithallapplicablezoning, subdivisionandbuildingregulationsandwiththeGeneralPlanandanyapplicablespecificplanbecausethe SecondAmendmentonlymodifiesthedurationoftheDevelopmentAgreementanddoesnotalteranyof thefeaturesofthepreviouslyentitledProject.TheProjectremainsincompliancewithallapplicable zoning,subdivisionandbuildingregulationsandwiththeGeneralPlanandanyapplicablespecificplan becausetheProjectiscompatiblewiththeusesauthorizedin,andtheregulationsprescribedforthelanduse districtinwhichtherealpropertyislocated.ExtendingthedurationoftheDevelopmentAgreementunder theSecondAmendmentdoesnotinanywayalterthefactthattheProjectsiteisphysicallysuitableforthe typeandintensityofthelandusebeingproposed.ExtendingthedurationoftheDevelopmentAgreement pursuanttotheSecondAmendmentwillsupportthedevelopmentofaprojectthattheGeneralPlan specificallycontemplatesintheProjectsitearea.Furthermore,thesuitabilityofthesiteforthetypeof developmentauthorizedintheDevelopmentAgreementwasanalyzedthoroughlyintheoriginalProject approvals and environmental documentation prepared for the Project. 3.TheDevelopmentAgreement,asproposedforamendment,statesadurationfortheDevelopment AgreementinthattheSecondAmendmentstatesthatpursuanttoSection2oftheDevelopmentAgreement, theDevelopmentAgreementwillexpiretwelveyearsfromtheEffectiveDate.Twelveyearsfromthe Effective Date of the Agreement is August 25, 2018. 4.TheSecondAmendmentdoesnotaltertheprovisionsoftheDevelopmentAgreementthatcontainthe previouslyapprovedpermittedusesoftheproperty,thepreviouslyapproveddensityandintensityofuses, thepreviouslyapprovedmaximumheightandsizeofproposedbuildings,northespecificprovisionsfor reservationordedicationoflandforpublicpurposes.WithadoptionoftheSecondAmendment,the DevelopmentAgreementwillstillstatethedensityandintensityofuses,themaximumheightandsizeof theproposedbuildings,andthereservationordedicationoflandforpublicpurposes,asmemorializedin Section 3 of the Development Agreement as modified by the First Amendment. SECTION II. AMENDMENTS. TheCityCouncilherebyadoptstheOrdinanceamendingtheDevelopmentAgreementtoextendthedurationof theDevelopmentAgreement,asshownintheSecondAmendmentattachedheretoandincorporatedhereinas Attachment1.AllotherareasoftheDevelopmentAgreementthatarenotamendedbythisOrdinancearenot included in Attachment 1, and shall remain in full force and effect. SECTION III. SEVERABILITY. IfanyprovisionofthisOrdinanceortheapplicationthereoftoanypersonorcircumstanceisheldinvalidor unconstitutional,theremainderofthisOrdinance,includingtheapplicationofsuchpartorprovisiontoother personsorcircumstancesshallnotbeaffectedtherebyandshallcontinueinfullforceandeffect.Tothisend, provisionsofthisOrdinanceareseverable.TheCityCounciloftheCityofSouthSanFranciscohereby declaresthatitwouldhavepassedeachsection,subsection,subdivision,paragraph,sentence,clause,orphrase hereofirrespectiveofthefactthatanyoneormoresections,subsections,subdivisions,paragraphs,sentences, City of South San Francisco Printed on 8/18/2016Page 3 of 4 powered by Legistar™ File #:16-660,Version:1 hereofirrespectiveofthefactthatanyoneormoresections,subsections,subdivisions,paragraphs,sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable. SECTION IV. PUBLICATION AND EFFECTIVE DATE. PursuanttotheprovisionsofGovernmentCodeSection36933,asummaryofthisOrdinanceshallbeprepared bytheCityAttorney.Atleastfive(5)dayspriortotheCouncilmeetingatwhichthisOrdinanceisscheduledto beadopted,theCityClerkshall(1)publishtheSummary,and(2)postintheCityClerk’sOfficeacertified copyofthisOrdinance.Withinfifteen(15)daysaftertheadoptionofthisOrdinance,theCityClerkshall(1) publishthesummary,and(2)postintheCityClerk’sOfficeacertifiedcopyofthefulltextofthisOrdinance alongwiththenamesofthoseCityCouncilmembersvotingforandagainstthisOrdinanceorotherwisevoting. This Ordinance shall become effective thirty (30) days from and after its adoption. Attachments: Attachment 1 - Second Amendment to the Development Agreement City of South San Francisco Printed on 8/18/2016Page 4 of 4 powered by Legistar™ SECOND AMENDMENT TO DEVELOPMENT AGREEMENT This Second Amendment to Development Agreement (“Second Amendment”) is entered into by and between ARE-San Francisco No. 12, LLC(“ARE-SF 12”), ARE-San Francisco No.44, LLC, and ARE-San Francisco No.46, LLC (collectively known as “Developer”) and the CITY OF SOUTH SAN FRANCISCO, a municipal corporation (“City”) on this _____ day of _________________, 2016. RECITALS A.Pursuant to the adoption of City Council Ordinance No. 1372-2006 (“DA Ordinance”), the Cityentered into a Development Agreement between City and ARE-SF 12 (“Development Agreement”)for the development of an Office/R&D project at 249 -289 East Grand Avenue (“Project”). The Ordinance took effect on August 25, 2006. The corresponding Effective Date of the Development Agreement isAugust 25, 2006. B.On June 24,2013, the City Council adopted OrdinanceNo. 1473-2013 approving an amendment to the Development Agreement(“FirstAmendment”) to modify certain elements of the Project, including revising the parties to the Agreement to include ARE-SF 12, ARE-San Francisco No.44, LLC, and ARE-San Francisco No.46, LLC (the parties referenced above as Developer)and revising the timeline for performance of certain obligations. C.On July 25, 2016, the Developer requested a second amendment to the Development Agreement (“Second Amendment”) to extend the term in order for the Developer’s tenant to settle into the facilities and to plan for the next phase of development at the Project site. D.On August 24,2016the City Council consideredthe proposed Second Amendment and adopted OrdinanceNo. ____________approving the Second Amendment. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties herein contained, the City and Developer agree as follows: AMENDMENT TO AGREEMENT 1.Recitals. The foregoing recitals are true and correct and hereby incorporated herein. 2.Defined Terms. All capitalized terms not defined herein shall have the meanings ascribed to them in the Development Agreement. 3.Section 2. Section 2of the Development Agreement is hereby amended to read as follows, with additions underlined and deletions in strikethrough text: 2.Duration This Agreement shall expire ten (10)twelve (12) years from the Effective Date of this Agreement, but in no event later than December 31, 2017. In the event that litigation to which the City is a party against the Owner , or any of its officers, agents, employees, contractors, representatives or consultants, should delay implementation or construction of the Project on the Property, the expiration date of this Agreement shall be extended for a period equal to the length of time from the time the summons and complaintis served on the defendant(s) until the judgment entered by the court is final and not subject to appeal; provided, however, that the total amount of time for which the expiration date shall be extended as a result of such litigation shall not exceed five (5) years. 4.Effect of Second Amendment. Except as expressly modified by this Second Amendment, the Development Agreement shall continue in full force and effect according to its terms, and Developer and City hereby ratify and affirm all their respective rights and obligations under the Development Agreement, including but not limited to Developer’s indemnification obligations as set forth in Section13of the Development Agreement. In the event of any conflict between this Second Amendment and the First Amendment or the Development Agreement, the provisions of this Second Amendment shall govern. 5.Binding Agreement. This Second Amendment shall be binding upon and inure to the benefit of the heirs, administrators, executors, successors in interest, and assigns of each of the parties hereto. Any reference in this Second Amendment to a specifically named party shall be deemed to apply to any successor, administrator, executor, or assign of such party who has acquired an interest in compliance with the terms of this Second Amendment or under law. 6.Recordation.The City shall record a copy of this Second Amendment within ten (10) days following execution by all parties. 7.Counterparts. This Second Amendment may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, when taken together, shall constitute the same document. 8.California Law. ThisSecond Amendment shall be governed by and interpreted in accordance with the laws of the State of California. 9.Invalidity. Any provision of this Second Amendment that is determined by a court of competent jurisdiction to be invalid or unenforceable shall be deemed severed from this Second Amendment, and the remaining provisions shall remain in full force and effect as if the invalid or unenforceable provision had not been a part hereof 10.Headings. The headings used in this Second Amendment are for convenience only and shall be disregarded in interpreting the substantive provisions of this Second Amendment. IN WITNESS WHEREOF, this Second Amendment has been entered into by and between Developer and City as of the date and year first above written. [SIGNATURES ON THE FOLLOWING PAGE] CITY OF SOUTH SAN FRANCISCO, a California Municipal Corporation By: _______________________________________________________ Name:_____________________________________________________ Title:______________________________________________________ Date:______________________________________________________ ARE-SAN FRANCISCO NO.12, LLC, a Delaware limited liability company By:Alexandria Real Estate Equities, L.P., a Delaware limited partnership, Managing Member By:ARE-QRS CORP., a Maryland corporation,General Partner By: ______________________________________________________________ Name:____________________________________________________________ Title:_____________________________________________________________ Date:_____________________________________________________________ ARE-SAN FRANCISCO NO.44, LLC, a Delaware limited liability company By:Alexandria Real Estate Equities, L.P., a Delaware limited partnership, Managing Member By:ARE-QRS CORP., a Maryland corporation,General Partner By: ______________________________________________________________ Name:____________________________________________________________ Title:_____________________________________________________________ Date:_____________________________________________________________ ARE-SAN FRANCISCO NO.46, LLC, a Delaware limited liability company By:Alexandria Real Estate Equities, L.P., a Delaware limited partnership, Managing Member By:ARE-QRS CORP., a Maryland corporation,General Partner By: ______________________________________________________________ Name:____________________________________________________________ Title:_____________________________________________________________ Date:_____________________________________________________________ APPROVED AS TO FORM: By: ___________________ Jason Rosenberg, City Attorney ATTEST: By: ____________________ Krista J. Martinelli, City Clerk 2686959.1 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:16-675,Version:1 ReportregardinganOrdinanceamendingsection2.16.010oftheSouthSanFranciscoMunicipalCodeto consolidatemunicipalelectionswithstatewideelectionsbeginningin2018,asmandatedbySenateBill415.( Jason Rosenberg, City Attorney and Krista Martinelli, City Clerk) RECOMMENDATION ItisrecommendedthattheCityCouncilintroduceanOrdinanceamendingsection2.16.010(Generalmunicipal electionsdesignated)oftheSouthSanFranciscoMunicipalCodetoconsolidatemunicipalelectionswith statewide elections beginning in 2018, as mandated by Senate Bill 415, and waive further reading. BACKGROUND/DISCUSSION On July 27, 2016, the City Council held a study session regarding Senate Bill 415 (SB 415), the California Voter Participation Rights Act (codified in Elections Code sections 14050 to 14057), which was approved by the Governor on September 1, 2015. SB 415 affects the years in which the City of South San Francisco (City) may hold its elections. In an effort to increase local voter turnout, SB 415 requires cities to consolidate their elections with the statewide election date if holding an election on a nonconcurrent date has previously resulted in a significant decrease in voter turnout. The City has had a “significant decrease in voter turnout” on election dates that were not concurrent with statewide elections. (See Table 1, attached). At the July 27, 2016 Study Session, the City Council was provided with options on how to comply with SB 415. The City Council directed City staff to prepare an ordinance that would consolidate future non-special municipal elections with the statewide elections, starting on January 1, 2018, thereby extending all incumbent elected officials’ terms by one year. The attached Ordinance will amend section 2.16.010 (“General municipal elections designated.”) of the South San Francisco Municipal Code to consolidate the City's general municipal election with the statewide election date beginning in 2018. The terms of elected officials will be extended by no more than 12 months pursuant to Elections Code section 10403.5, subdivision (b). Elected officials whose terms are scheduled to end in 2017 will have their terms extended to 2018 and elected officials whose terms are scheduled to end in 2019 will have their terms extended to 2020. Once the Ordinance is adopted, it will then require approval of the County Board of Supervisors. Within thirty (30) days after the approval by the County Board of Supervisors, the City Clerk will send out a notice to all registered voters in the City informing them of the change in the general municipal election date and elected officals’ terms affected by the Ordinance, as per Election Code section 10403.5, subdivision (e). If the City were to not comply with SB 415 and hold a nonconcurrent, odd-numbered year municipal election after 2018 without a plan in place to align the local elections with the statewide elections by 2022, the City would be subject to a lawsuit initiated by any local voter. The same would be true if the City held an off-cycle, City of South San Francisco Printed on 8/18/2016Page 1 of 2 powered by Legistar™ File #:16-675,Version:1 odd-numbered year regular election any time after 2022, even with a plan in place. FUNDING TheinitialcostsavingstotheCityofconsolidatingits2017electionwiththestatewide2018electionis unknown,andwilldependonhowmanyotherjurisdictionsmustconsolidatetheiroff-cycleelectionswiththe statewideelections,butitisanticipatedthattheCitywillrealizesomeelectionrelatedcostsavingsbeginningin 2018. CONCLUSION ItisrecommendedthattheCityCouncilintroduceanOrdinanceamendingSection2.16.010oftheSouthSan FranciscoMunicipalCodetoconsolidatemunicipalelectionswithstatewideelectionsbeginningin2018,as mandated by Senate Bill 415, and waive further reading. City of South San Francisco Printed on 8/18/2016Page 2 of 2 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:16-674,Version:1 OrdinanceamendingSection2.16.010oftheSouthSanFranciscoMunicipalCodetochangemunicipal elections to comply with SB 415. WHEREAS,Section2.16.010(“Generalmunicipalelectionsdesignated.”)oftheSouthSanFranciscoMunicipalCode (“Municipal Code”) sets forth the date on which the city’s general municipal elections shall be held; and WHEREAS,followingtheenactmentofSenateBill415,allCaliforniacitieswithmunicipalelectionsheldinayearthat wasnotconcurrentwithstatewideelectionsandresultedinasignificantdecreaseinvoterturnoutmustalignitsmunicipal elections with the statewide elections beginning in 2018 or have a plan in place to do so by 2022; and WHEREAS, the City wishes to align the city’s general municipal elections with statewide elections beginning in 2018. NOW THEREFORE, the City Council of the City of South San Francisco does hereby ordain as follows: SECTION 1. AMENDMENT The City Council hereby amends Section 2.16.010 of the South San Francisco Municipal Code (with text in strikeout indicating deletion and underline to indicate addition). Section and subsections that are not amended by this Ordinance are not included below, and shall remain in full force and effect. 2.16.010General municipal elections designated. Prior to January 1, 2018, tThe general municipal election of the city shall be held on the same day as the date of the school district elections as set forth in Section 26021302 of the Elections Code. After January 1, 2018, the general municipal elections of the city shall be consolidated with the statewide election date in accordance with Elections Code sections 1301, 10000 to 10735, and 14050 to 14057, as amended. The terms for the local elected officials that are scheduled to end in 2017 and 2019 are hereby extended by 12 months. As used in this section, “12 months” means the period between the day upon which the term of office would otherwise have commenced and the first Tuesday after the second Monday in the 12th month before or after that day, inclusive. SECTION 2.SEVERABILITY If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, the remainder of this Ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable. The City Council of the City of South San Francisco hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable. SECTION 3.PUBLICATION AND EFFECTIVE DATE ThisOrdinanceshallbepublishedonce,withthenamesofthoseCityCouncilmembersvotingfororagainstit,inthe Examiner,theCourtdeclarednewspaperofgeneralcirculationintheCityofSouthSanFrancisco,asrequiredbylaw, City of South San Francisco Printed on 8/18/2016Page 1 of 2 powered by Legistar™ File #:16-674,Version:1 Examiner,theCourtdeclarednewspaperofgeneralcirculationintheCityofSouthSanFrancisco,asrequiredbylaw, and shall become effective thirty (30) days from and after its adoption. City of South San Francisco Printed on 8/18/2016Page 2 of 2 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:16-696,Version:1 ReportregardingAssemblyBill2586(Gatto)andAssemblyBill1362(Gordon)forreviewanddiscussionby City Council.(Rosa Acosta, Management Analyst) RECOMMENDATION It is recommended that the City Council review and consider Assembly Bill 2586 (Gatto) and Assembly Bill 1362 (Gordon) and direct staff to take action consistent with the City Council’s position on the two legislative bills. BACKGROUND/DISCUSSION AB 2586 (GATTO) In2013,thestateenactedAB61(Gatto),abillthatprohibited,untilJanuary1,2017,acityorcountyfrom citingvehiclesorparkingataninoperableparkingmeterorparkingpaymentcenterforuptothepostedtime limit.SB1388(DeSaulnier),establishedageneralrulethatavehicleownermayparkwithoutpenaltyinany parkingspaceforuptothepostedtimelimitiftheparkingmeterorparkingpaymentcenterisinoperable,but allowedacityorcountytoadoptadifferentruleifitprovidedadequatenoticeoftherule.Asaresult,some local jurisdictions began banning parking at inoperable meters using posted signs to notify motorists. AB61,existinglaw,(1)Definesparkingasthestandingofvehicles,whetheroccupiedornot,otherwisethan temporarilyforthepurposeofandwhileactuallyengagedinloadingandunloadingofmerchandiseor passengers;(2)Allowslocalauthoritiestoestablishparkingmeterzonesandfixtheparkingfeeforsuchzones byordinance(3)Authorizeslocaljurisdictionstoissueparkingcitationstoallowforstreetsweeping;and(4) Prohibits,untilJanuary1,2017,alocalauthority,byordinanceorresolution,fromprohibitingorrestrictingthe parkingofvehiclesinaspacethatisregulatedbyaninoperableparkingmeterorinoperableparkingpayment center. AB 2586 would impose a number of restrictions and requirements on local authorities’ ability to regulate parking in their jurisdictions. Specifically, this bill: (1)DeclarestheintentoftheLegislaturethatifalocalauthorityprohibitsorrestrictstheparkingor standingofvehiclesforthepurposesofstreetsweeping,thelocalauthorityshallensurethatparkingis madeavailableassoonasthestreetsweepingiscompleted,regardlessofthepostedhoursofstreet sweeping. (2)Deletesthesunsetdateonprovisionsthatprohibitlocalauthoritiesfromprohibitingorrestricting parkingofvehiclesinaspaceregulatedbyaninoperableparkingmeteroraninoperableparking payment center, thereby extending these provisions indefinitely. (3)Prohibitsvaletparkingservicesinbusinessdistrictsfromrestrictingmotorists’abilitytoparkin availablemeteredparkingspacesandfromprohibitingmotoristsfromusingdesignatedpassenger loading areas. (4)Prohibitsalocalauthority,whenusingcontractedprivateparkingenforcementservices,frompromoting incentives(monetaryorotherwise)forissuinghighernumbersofviolationsorincreasingfinestocover the costs of the contracted enforcement services. (5)Requireslocaljurisdictionstoconsiderthefeasibilityofusingdemand-basedpricingtechnologyandto City of South San Francisco Printed on 8/18/2016Page 1 of 3 powered by Legistar™ File #:16-696,Version:1 (5)Requireslocaljurisdictionstoconsiderthefeasibilityofusingdemand-basedpricingtechnologyandto identifyappropriatelocationswhereitcanbeutilized,wheninstallingnewparkingtechnologywithin theirjurisdictions.Whenconsideringtheuseofdemandbasedpricingtechnology,localjurisdictions must include a written finding, retain a copy of the finding, and post it on their website, if any. Proponents of AB 2586, such as The Howard Jarvis Taxpayers Association, state that, “This bill includes a number of common-sense provisions to ensure that taxpayers don’t spend their hard -earned money to deal with either government incompetence or criminal activity far outside their control.” OpponentsofAB2586,suchasTheLeagueofCaliforniaCities,statethat,“Thisbillgoeswellbeyondthe limitationsimposedonlocalgovernmentauthoritytoregulateitsownparkingneeds…Noentityisbetter equippedthanlocalgovernmenttoregulateitsownparkingneeds.Infact,manysmallcitiesthroughoutthe statedonothaveanyparkingmetersandmanyofthelargercitiesaremovingtowardssomeofthetechnology calledforinthisbill.Citiescontinuetodemonstratetheirwillingnesstoadapttotheirresidents’parkingneeds and there is no demonstrated need for the state to insert itself into this core local issue.” BACKGROUND/DISCUSSION AB 1362 (GORDON) TheMosquitoAbatementandVectorControlDistrictLaw(SB1588)grantsCalifornia’s65mosquitoand vectorcontroldistrictboardstatutoryauthoritytoconductprogramsforthesurveillance,prevention,abatement, and control of mosquitoes and other vectors. Eachmosquitoandvectorcontroldistrictisgovernedbyaboardoftrusteesthatmusthaveatleastfive members.Inadistrictthatislocatedentirelywithinasinglecountyandcontainsbothincorporatedand unincorporatedterritory,thecountyboardofsupervisorsandthecitycouncilofeachcitywithinthedistrict mayeachappointonemembertothedistrict’sboardoftrustees.TheSanMateoCountyMosquitoandVector ControlDistrictservestheentirecounty,whichcontains20cities.Itisgovernedbya21-memberboardof trustees which includes a representative from the twenty cities and one from the county. AssemblyBillNo.1362(AB1362)establishesanalternativeprocesswherethesizeoftheSanMateoCounty Mosquito&VectorControlDistrict’sgoverningboardmaybereducedtosevenappointedmembers.Thisbill allowsthemembersoftheboardoftrusteesoftheSanMateoCountyMosquitoandVectorControlDistrictto be appointed as follows: ·Two trustees appointed by the San Mateo County Board of Supervisors; and ·FivetrusteesappointedbytheCitySelectionCommitteeintheCountyofSanMateo(onetrusteefrom each county supervisorial district). ProponentsofAB1362,suchasSupervisorDonHorsley,statethat,"InSanMateoCounty,theexisting countywidemosquitoabatementdistrictiscomprisedof21members-onerepresentativefromtheBoardof Supervisorsandonerepresentativefromeachofthe20citiesinthecounty.Thisisaverylargeboardthatcan bedifficulttomanageandchallengingforeachjurisdictiontokeepconsistentlyfilledwithtrustees.For instance,ourboardcurrentlyhasfourvacantseats.Inaddition,therecenthistoryoftheSanMateoCounty MosquitoDistrictprovedthatalargerboarddoesnotnecessarilyoffergreateroversight.Ratherthan completelyoverhaulingthegovernancestructureofthisspecialdistrict,creatingtheoptionofhavingamore focusedrepresentativeboardcouldproduceamoreeffectivemanagementtool.InSanMateoCounty,Ibelieve theappointmentprocessoutlinedinAB1362wouldbeagoodfitfortheboardoftrusteesofthemosquitoand City of South San Francisco Printed on 8/18/2016Page 2 of 3 powered by Legistar™ File #:16-696,Version:1 theappointmentprocessoutlinedinAB1362wouldbeagoodfitfortheboardoftrusteesofthemosquitoand vector control district." OpponentsofAB1362,suchastheMosquitoandVectorControlAssociationofCalifornia,statethat,“The nexusofthisproposalisreportedtocomefromSanMateoCounty’sconcernswiththesizeofitsdistrict's boardoftrustees.However,asastatewideassociationcomprisedofover60memberagencies,includingmany largeurbandistrictswithdiversepopulations,ourmembershavenotraisedconcernsastothesizeoftheir boardoftrustees.Infact,2015marksthecentennialanniversaryofthecreationofmosquitocontroldistrictsin California,andwebelievethattheadditionofacityselectionprocessfortrusteeappointmentsisnotnecessary. AswecontinuetoworkwithyouonyourconcernsrelatedbytheSanMateoCountyBoardofSupervisors,we believethattheissuesinthatspecificcountyanddistrictshouldbeaddressedontheirown,asopposedto opening a governance structure that would be statewide." CONCLUSION StaffrequeststhattheCityCouncilreviewandconsiderAssemblyBill2586(Gatto)andAssemblyBill1362 (Gordon) and direct staff to take action consistent with the City Council’s position on the two legislative bills. Attachments: 1.Assembly Committee on Local Government AB 2586 (Gatto) Analysis 2.Assembly Committee on Local Government AB 1362 (Gordon) Analysis 2698240.1 City of South San Francisco Printed on 8/18/2016Page 3 of 3 powered by Legistar™ AB 1362 Page 1 Date of Hearing: January 13, 2016 ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT Brian Maienschein, Chair AB 1362 (Gordon) – As Amended January 4, 2016 SUBJECT: Mosquito abatement and vector control districts: board of trustees: appointment of members. SUMMARY: Establishes an appointment process for the board of trustees of a mosquito abatement and vector control district that is located within a single county and contains both incorporated territory, including every city in the county, and unincorporated territory, as specified. Specifically, this bill: 1) Requires, within 30 days of formation, the board of trustees of a mosquito abatement and vector control district that is located entirely within a single county and contains both incorporated territory, including every city within the county, and unincorporated territory to be appointed as follows: a) Authorizes the county board of supervisors to appoint one person; b) Authorizes a city selection committee to appoint up to the total number of trustees as there are incorporated cities within the district; and, c) Requires the board of supervisors to appoint additional trustees, if the appointments listed in a) and b), above, result in a less than five-member board. 2) Makes other technical changes. EXISTING LAW: 1) Establishes the Mosquito Abatement and Vector Control District Law, which requires a legislative body of at least five members known as the board of trustees to govern every mosquito abatement and vector control district. 2) Requires a board of trustees to be appointed within 30 days after the effective date of the formation of a district, as follows: a) In a district that is located in a single county and contains only unincorporated territory, the board of supervisors shall appoint five persons to the board of trustees; b) In a district that is located entirely within a single county and contains both incorporated territory and unincorporated territory, the board of supervisors may appoint one person to the board of trustees, and the city council of each city that is located in whole or in part within the district may appoint one person to the board of trustees; c) In a district located in more than one county that contains only unincorporated territory, the board of supervisors of each county may appoint one person to the board of trustees; and, AB 1362 Page 2 d) In a district located in two or more counties and contains both incorporated territory and unincorporated territory, the board of supervisors of each county may appoint one person to the board of trustees and the city council of each city located whole or part in within the district may appoint one person to the board of trustees. 3) Specifies that each trustee appointed by a board of supervisors or a city council must be a voter in the area that is appointing them and a resident of the portion of the area they are representing. 4) Authorizes a board of trustees to adopt a resolution requesting that the board of supervisors of any county that contains territory within the district to increase or decrease the number of members on the board of trustees who represent the unincorporated territory of that county, and requires that within 60 days of receiving the resolution the board of supervisors order the increase or decrease. 5) Requires that a city selection committee be created by the mayors in any county in which two or more cities are incorporated for the purpose of appointing city representatives to boards, commissions, and agencies as required by law, the membership of which shall consist of the mayor of each city within the county. FISCAL EFFECT: None COMMENTS: 1) Mosquito Abatement and Vector Control Districts. There are 65 mosquito abatement and vector control districts in California. Mosquito abatement and vector control districts stand as guardians against epidemics, public health emergencies, and economic disasters. These districts have a long history of applying science to counter public health threats, and continue to do so as Californians face threats like the West Nile virus. In 2002, the Senate Local Government Committee appointed a "Working Group on Revising the Mosquito Abatement District Law" to update the law which had not undergone a comprehensive review since 1939. The working group agreed to maintain the method of appointing trustee boards, but changed the method for increasing or decreasing the size of boards. Due to the rewrite in 2002, current law authorizes a board of trustees to change a board's size by directing a county board of supervisors to increase or decrease the number of trustees representing the unincorporated area of the county. The working group rejected draft language that would have allowed the underlying city councils and county board of supervisors to trigger changes in the size of the board of trustees. 2) Bill Summary. Existing law establishes an appointment process for a mosquito abatement and vector control district, which must be done within 30 days of the effective date of formation. Each district must have at least five trustees; however the appointment process established by current law determines city and county appointments based on the territory contained in the district. If a district includes a part of a city or county, that respective governing body is authorized to make an appointment. This leads to a large variation in the size of a mosquito abatement and vector control district board of trustees. AB 1362 Page 3 This bill establishes an appointment process for a newly formed mosquito and vector control district that has all of the following characteristics: a) the district is located in a single county; b) the district contains incorporated territory, including every city in the county; and, c) the district contains unincorporated territory. Under the appointment process established by this bill, the county board of supervisors may appoint one person to the board of trustees, and the city selection committee to appoint up to the total number of trustees as there are incorporated cities within the county. 3) Author's Statement. According to the author, "Unlike most special districts, which are typically governed by five-member boards, mosquito abatement districts can have very large governing boards due to this structural appointment process. For instance, in San Mateo County there are 20 incorporated cities, and in Orange County there are 34 cities. The addition of one representative from the board of supervisors results in a very large board composition for these counties – 21 members in San Mateo and 35 in Orange County. "This existing appointment process is suitable for some mosquito and vector control districts that are smaller in size; however, the over 50 mosquito districts throughout the state are all different. Large boards are more difficult to manage efficiently and less transparent. Appointees to a mosquito district board serve either two or four year terms, calling for regular reappointments or replacements. Many cities struggle to identify and vet candidates in a timely manner from a small pool of individuals. This results in consistent vacancies and significant turnover. "AB 1362 would grant a mosquito abatement district which has countywide boundaries the option to utilize its existing city selection committee to appoint Trustees to the district, rather than each city council doing so independently. This reduces pressure on each individual city to appoint a representative, and increases collaboration between neighboring cities by authorizing the city selection committee to make shared decisions on local governance. Additionally, AB 1362 would provide the city selection committee with the ability to determine the size of the mosquito district board. This process adds an additional level of oversight and accountability to the appointment process, while retaining the city councils’ authority to appoint members. Other benefits include reducing the costs associated with meeting expenses and stipends for each member’s service, streamlining board communication, reducing duplicative work, and providing more transparency on the Board’s representation and decision-making." 4) Policy Considerations. The Committee may wish to consider the following in order to better align the Author's stated intent with the language contained in the bill: a) If the author's intent is to provide mosquito abatement and vector control districts with the option to use a city selection committee process to determine city appointments, the Committee may wish to make the provisions of this bill clearly permissive. b) If the author's intent is to allow existing districts to use this new appointment method, then the Committee may wish to make that clear in the provisions of the bill. c) If the author's intent is to allow for a decrease in the size of an existing board of trustees, the Committee may wish to consider the following: AB 1362 Page 4 i) What will the process be to determine if a city selection committee will make the city appointments and which governing body will make that determination? Current law grants flexibility to a board of trustees to change the size of a board by ordering an increase or decrease to the number of trustees representing the unincorporated area of a county. The author may wish to consider the role trustee boards should have in determining the size of their board given this provision in current law. ii) Will there be adequate representation among cities? The Committee may wish to ensure that there will be adequate representation among all cities, especially if the number of city appointments is less than the number of cities within the district. The city selection committee process for some special districts requires appointments to alternate between cities or guarantees seats among geographic groupings to ensure diverse and fair representation. iii) Is there evidence of a statewide problem? This bill affects districts that are located in a single county and contain incorporated territory, including every city within the county, and unincorporated territory. There are an estimated 10 districts in the state in this category. 5) Prior Legislation. AB 991 (Devore) of 2005 would have reduced the size of the Orange County Vector Control District's board of trustees to 11 members, and would have required the Orange County Board of supervisors to appoint one trustee and the Orange County City Selection Committee to appoint ten members, as specified. AB 991 failed passage in this Committee. 6) Arguments in Support. According to Supervisor Don Horsley, "In San Mateo County, the existing countywide mosquito abatement district is comprised of 21 members – one representative from the Board of Supervisors and one representative from each of the 20 cities in the county. This is a very large board that can be difficult to manage and challenging for each jurisdiction to keep consistently filled with trustees. For instance, our board currently has four vacant seats. In addition, the recent history of the San Mateo County Mosquito District proved that a larger board does not necessarily offer greater oversight. Rather than completely overhauling the governance structure of this special district, creating the option of having a more focused representative board could produce a more effective management tool. In San Mateo County, I believe the appointment process outlined in AB 1362 would be a good fit for the board of trustees of the mosquito and vector control district." 7) Arguments in Opposition. According to the Mosquito and Vector Control Association of California, "The nexus of this proposal is reported to come from San Mateo County's concerns with the size of its district's board of trustees. However, as a statewide association comprised of over 60 member agencies, including many large urban districts with diverse populations, our members have not raised concerns as to the size of their board of trustees. In fact, 2015 marks the centennial anniversary of the creation of mosquito control districts in California, and we believe that the addition of a city selection process for trustee appointments is not necessary. As we continue to work with you on your concerns related by the San Mateo County Board of Supervisors, we believe that the issues in that specific county and district should be addressed on their own, as opposed to opening a governance structure that would be statewide." AB 1362 Page 5 REGISTERED SUPPORT / OPPOSITION: Support Supervisor Don Horsley, San Mateo County, 3rd District Trustee Joe Galligan, San Mateo County Mosquito and Vector Control District Opposition Mosquito and Vector Control Association of California Individual letter Analysis Prepared by: Misa Lennox / L. GOV. / (916) 319-3958 AB 2586 Page 1 Date of Hearing: April 20, 2016 ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT Susan Talamantes Eggman, Chair AB 2586 (Gatto) – As Amended April 6, 2016 SUBJECT: Parking. SUMMARY: Imposes a number of restrictions and requirements on local authorities' ability to regulate parking in their jurisdictions. Specifically, this bill: 1) Declares the intent of the Legislature that if a local authority prohibits or restricts the parking or standing of vehicles for the purposes of street sweeping, the local authority shall ensure that parking is made available as soon as the street sweeping is completed, regardless of the posted hours of street sweeping. 2) Deletes the sunset date on provisions that prohibit local authorities from prohibiting or restricting parking of vehicles in a space regulated by an inoperable parking meter or an inoperable parking payment center, thereby extending these provisions indefinitely. 3) Prohibits valet parking services in business districts from restricting motorists' ability to park in available metered parking spaces and from prohibiting motorists from using designated passenger loading areas. 4) Prohibits a local authority, when using contracted private parking enforcement services, from promoting incentives (monetary or otherwise) for issuing higher numbers of violations or increasing fines to cover the costs of the contracted enforcement services. 5) Requires local jurisdictions to consider the feasibility of using demand-based pricing technology and to identify appropriate locations where it can be utilized, when installing new parking technology within their jurisdictions. 6) Requires local jurisdictions to include a written finding when considering the use of demand- based pricing technology for parking and to retain a copy of the finding and post it on their Internet Web site (website), if they have one. 7) Provides that no reimbursement is required by this bill, pursuant to Section 6 of Article XIII B of the California Constitution, for certain costs that may be incurred by a local agency because, in that regard, this bill creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution. However, if the Commission on State Mandates determines that this bill contains other costs mandated by the state, reimbursement to local agencies for those costs shall be made, pursuant to current law governing state-mandated local costs. EXISTING LAW: 1) Defines parking as the standing of vehicles, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading and unloading of merchandise or passengers. AB 2586 Page 2 2) Allows local authorities to establish parking meter zones and fix the parking fee for such zones by ordinance. 3) Authorizes local jurisdictions to issue parking citations to allow for street sweeping. 4) Prohibits, until January 1, 2017, a local authority, by ordinance or resolution, from prohibiting or restricting the parking of vehicles in a space that is regulated by an inoperable parking meter or inoperable parking payment center. FISCAL EFFECT: This bill is keyed fiscal. COMMENTS: 1) Bill Summary. This bill makes a number of changes to law governing local jurisdictions' authority to regulate parking, as follows: a) Declares the intent of the Legislature that if a local authority prohibits or restricts the parking or standing of vehicles for the purposes of street sweeping, the local authority must ensure that parking is made available as soon as the street sweeping is completed, regardless of the posted hours of street sweeping; b) Deletes the January 1, 2017, sunset on provisions that prohibit local authorities from prohibiting or restricting parking of vehicles in a space regulated by an inoperable parking meter or an inoperable parking payment center, thereby extending these provisions indefinitely; c) Prohibits valet parking services in business districts from restricting motorists' ability to park in available metered parking spaces and from prohibiting motorists from using designated passenger loading areas; d) Prohibits a local authority, when using contracted private parking enforcement services, from promoting incentives (monetary or otherwise) for issuing higher numbers of violations or increasing fines to cover the costs of the contracted enforcement services; and, e) Requires local jurisdictions to consider the feasibility of using demand-based pricing technology and to identify appropriate locations where it can be utilized, when installing new parking technology within their jurisdictions. When considering the use of demand- based pricing technology, local jurisdictions must include a written finding, retain a copy of the finding, and post it on their website, if they have one. This bill is sponsored by the author. 2) Author's Statement. According to the author, "Every year, cities issue thousands of parking tickets to motorists for every imaginable violation, ranging from expired meters to driveway obstruction, proximity to fire hydrants and stop signs to abandonment of a vehicle. Unfortunately, budget deficits have led many local governments to run their public parking enforcement programs as additional sources of revenue, rather than as mechanisms for enforcing sensible parking restrictions. These tickets add up, and in 2014, were responsible for approximately $165 million of Los Angeles’s city budget and almost $130 million of San AB 2586 Page 3 Francisco’s city budget. This profit-driven parking enforcement system has a disproportionate impact on low-to-moderate income residents who live in densely populated urban areas. As Los Angeles Mayor Eric Garcetti recently stated, 'It’s a ‘got-ya’ culture…It doesn’t work for the businesses, it doesn’t work for the drivers.'" 3) Background. SB 1388 (DeSaulnier), Chapter 70, Statutes of 2012, established a general rule that a vehicle owner may park, up to the posted time limit, without penalty, in any parking space where the parking meter or parking payment center is inoperable. SB 1388 contained a provision that allowed local jurisdictions to adopt different rules, provided that adequate notice of the rule was provided at the parking location. As a result, some local jurisdictions began banning parking at inoperable meters using posted signs to notify motorists. To address this loophole, AB 61 (Gatto), Chapter 71, Statutes of 2013, prohibited local jurisdictions from ticketing at inoperable meters. These provisions sunset January 1, 2017. According to a July 5, 2012, article in the Los Angeles Times, the City of Los Angeles issues 2.5 million parking citations every year. In 2011, the city increased fines for the sixth time in seven years, which was expected to generate an extra $8.4 million for the city's general fund. An editorial published on February 15, 2013, in the Los Angeles Times urged local action on the issue, noting the adverse impact of the fines on low-income individuals and those who live in neighborhoods with scant street or garage parking. The editorial reported that parking tickets generate $150 million in annual revenues for the city. The editorial also noted irregularities with the private company, Xerox State and Local Solutions, that operates the city's Parking Violations Bureau, stating, "Since Xerox took over, a group of people in the city says the company has been trying to keep more parking revenue by stonewalling attempts to fight tickets…(one individual) filed a class-action lawsuit in January, claiming Xerox doesn't really consider their cases but just sends form letters stating that their appeals have been rejected. Then, when motorists try to appeal to the Department of Transportation, Xerox slaps them with late payment fees and penalties…The city's data on tickets seem to back up (the class-action litigant's) claim that Xerox is rejecting too many appeals. Last year, the city dismissed thousands of tickets after Xerox had rejected the drivers' appeal – vindicating the small percentage of intrepid souls who managed to bring their case to City Hall." However, a Los Angeles Times editorial published on January 21 of this year in response to this bill states, "…these rules and regulations of street parking are not issues for the state legislature. They're classic local issues which different cities might want to handle differently. And if problems arise, they're best fixed by local governments…Interestingly, L.A. had been ticketing at broken meters, on the dubious argument that not doing so created an incentive for motorists to break them. But the council changed that unpopular (and unreasonable) policy after (AB 61) passed… "In the last few years in Los Angeles there has been such an outcry over confusing parking regulations and increases in parking fines that Mayor Eric Garcetti created what he calls the Parking Reform Working Group, which delivered a report last year on how to reform the system. Councilman Mike Bonin incorporated a number of its suggestions AB 2586 Page 4 into several motions that are now winding their way through council committees. But the city needs to get moving on this. The working group was formed in June 2014 and reported back last February, yet none of its changes have been implemented to date…Nevertheless, the fact remains that City Hall is the place to enact any parking reforms for city streets." 4) Previous Legislation. AB 61 (Gatto), Chapter 71, Statutes of 2013, prohibited, until January 1, 2017, a city or county from citing vehicles or parking at an inoperable parking meter or parking payment center for up to the posted time limit. SB 1388 (DeSaulnier), Chapter 70, Statutes of 2012, established a general rule that a vehicle owner may park without penalty in any parking space for up to the posted time limit if the parking meter or parking payment center is inoperable, but allowed a city or county to adopt a different rule if it provided adequate notice of the rule. 5) State Mandate. This bill is keyed a state mandate, which means the state could be required to reimburse local agencies for implementing the bill's provisions if the Commission on State Mandates determines that the bill contains costs mandated by the state. 6) Arguments in Support. The Howard Jarvis Taxpayers Association, in support, writes, "This bill includes a number of common-sense provisions to ensure that taxpayers don’t spend their hard-earned money to deal with either government incompetence or criminal activity far outside their control." 7) Arguments in Opposition. The League of California Cities, in opposition, states, "This bill unnecessarily upends local authority to regulate parking, an authority that cities have had since at least 1959. In 2013, the state enacted AB 61 (Gatto), Chapter 71, Statutes of 2013, a bill narrowly targeted at broken parking meters. The League is currently in the process of surveying its members, but initial responses indicate that there has been a significant increase in meter vandalism in just the two years since this bill’s implementation. Furthermore, broken meters represent only a fraction of working parking meters, making this an unusual candidate for statewide policy. Any attempt to make this recent change in law permanent is premature, at best. "Unlike AB 61, AB 2586 goes well beyond the limitations imposed on local government authority to regulate its own parking needs…No entity is better equipped than local government to regulate its own parking needs. In fact, many small cities throughout the state do not have any parking meters and many of the larger cities are moving towards some of the technology called for in this bill. Cities continue to demonstrate their willingness to adapt to their residents’ parking needs and there is no demonstrated need for the state to insert itself into this core local issue." 8) Double-Referral. This bill was heard by the Transportation Committee on April 4, 2016, where it passed with a 16-0 vote. AB 2586 Page 5 REGISTERED SUPPORT / OPPOSITION: Support Howard Jarvis Taxpayers Association Opposition California Public Parking Association City of Sacramento City of San Carlos Culver City Chamber of Commerce League of California Cities Analysis Prepared by: Angela Mapp / L. GOV. / (916) 319-3958 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:16-528,Version:1 ReportregardingaresolutionapprovingaconsultingservicesagreementwithPrimexMunicipalWaterControl SolutionsofVacaville,Californiaforthecalibration,maintenance,andserviceofelectricalinstrumentationand SupervisoryControlandDataAcquisition(SCADA)equipmentattheWaterQualityControlPlantand pumpingstationsforthreeyearsinanamountnottoexceed$185,000peryear,beginningfiscalyear2016- 2017.(Brian Schumacker, Water Quality Control Plant Superintendent) RECOMMENDATION ItisrecommendedthattheCityCounciladoptaresolutionauthorizingtheCityManagertoexecutea consultingservicesagreementwithPrimexMunicipalWaterControlSolutionsofVacaville,California forthecalibration,maintenance,andserviceofinstrumentationandSupervisoryControlandData AcquisitionequipmentattheWaterQualityControlPlant(WQCP)andpumpingstationsforthree years in an amount not to exceed $185,000 per year, beginning fiscal year 2016-2017. BACKGROUND/DISCUSSION VitalprocessequipmentandcontrolsattheWQCPandremotelylocatedpumpingstationsrelyupon sophisticatedinstrumentation,levelandpumpcontrols,andothercontrolsystemstooperateproperly.Tokeep thevariouscontrolsystemsoperatingproperlyandinaccordancewithfederalandstatedischargerequirements, theymustbecalibratedandmaintainedbyskilledtechnicianswithspecializedtraining,equipment,and expertise. Since1996,theCityhasutilizedtheservicesofinstrumentationcontractorstoprovidemaintenanceserviceson theCity’ssophisticatedinstrumentationandcontrolsystems.Staffhasconsideredhiringaninstrument techniciantoperformthiswork.Unfortunately,theproposedsalaryscheduleforpublicsectorworkerswiththis skill set falls significantly below salaries available to private sector technicians. Arequestforquotes(RFQ)wasissuedMarch29,2016forthemaintenanceoftheWQCPandpumping station’sSCADAinstrumentation,pumpcontrols,andradiotelemetrysystemsforthenextthreeyears.Ten providersofthistypeofservicewerecontactedandrequestedtosubmitawrittencostproposalfordefined services.Onerespondedwithintheone-monthresponseperiod.Assuch,anadditionaltwoweekswereaddedto theprocurementprocessinordertosolicitmoreproposals.Nineoftheoriginaltenprospectivevendorswere individuallycontactedtoinquireastotheirunresponsiveness.Twoindicatedthattheirhourlyrateswerehigher thantheircompetitorsanddidnotwanttosubmitanunsuccessfulquoteforservices.Twoadditionalvendors decidedtorespondtotheRFQ.Theremainderofthevendorsdidnotrespondanddidnotprovideareason.The threeresponsivebidderswere:PrimexControlsat$104anhour,CalconSystemsat$130anhourandTelstar Instruments at $138 an hour. AselectionpanelmadeupofthePlantSuperintendent,BrianSchumacker,AssistantPlantSuperintendent,Ken NavarreandPlantMaintenanceSupervisor,ArranGordonratedthethreeproposalsbasedon:yearsof experienceinthewaterandwastewaterindustry,experiencewithspecificsystemsrelatedtoourplantandpump stationsandlowesthourlyrateforafieldservicetechnician(Individualratingsheetsareattachedforreference.) PrimexMunicipalWaterControlSolutions(Primex)wasthehighestratedproposerbasedonsaidcriteria. PrimexisaninstrumentationserviceproviderbasedinVacaville,California.Theyarefullyinsuredandbonded City of South San Francisco Printed on 8/18/2016Page 1 of 2 powered by Legistar™ File #:16-528,Version:1 PrimexisaninstrumentationserviceproviderbasedinVacaville,California.Theyarefullyinsuredandbonded andprovide24-houremergencyresponsecapabilities.Theyareresponsive,qualifiedandalsohadthelowest costproposal.Staffhasreviewedtheapplicableprevailingwageratesforafieldservicetechnicianandhas confirmedthatafieldservicetechniciandoesnotexistwithintheStateDepartmentofIndustrialRelations (DIR)generalprevailingwagedeterminationsschedule.Intheeventthatanapplicableclassificationisaddedto theDIRgeneralprevailingwagedeterminationsschedule,theconsultingservicesagreementcontainslanguage that will required the consultant to comply with the applicable prevailing wage requirements. FUNDING Servicesundertheagreementwouldbelimitedto$185,000peryearforthreeyearswithatotallimitof $555,000.FundingfortheseservicesisincludedintheCityofSouthSanFrancisco’soperationand maintenancebudgetforFiscalYear2016-2017andiscompletelyfundedbysewerservicefees.Thereare sufficient funds allocated to cover the scope of services requested. CONCLUSION StaffrecommendsthattheCityCounciladoptaresolutionapprovingaconsultingservicesagreementwith PrimexMunicipalWaterControlSolutionsofVacaville,CaliforniaforinstrumentationservicesattheWQCP andpumpingstationsforthreeyearsinanamountnottoexceed$185,000peryear,beginningFiscalYear2016 -2017 and authorizing the City Manager to execute the agreement. Attachment: 2016 WQCP Instrumentation Tech RFP Ratings City of South San Francisco Printed on 8/18/2016Page 2 of 2 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:16-610,Version:1 ResolutionapprovingaconsultingservicesagreementwithPrimexMunicipalWaterControlSolutionsof Vacaville,California,forthecalibration,maintenance,andserviceofelectricalinstrumentationand SupervisoryControlandDataAcquisition(SCADA)equipmentattheWaterQualityControlPlantand pumpingstationsforthreeyearsinanamountnottoexceed$185,000peryear,beginningFiscalYear2016- 2017. WHEREAS,theWaterQualityControlPlant(WQCP)requiresreliableandsustainableoperationof sophisticatedcontrolsandequipmentinordertomaintaincompliancewithfederalandstatedischargepermits; and WHEREAS, the preceding consulting services agreement for these services ended on June 30, 2016; and WHEREAS,staffsolicitedrequestsforquotationsfrom10candidateinstrumentationintegrationandcontrol firms in the San Francisco Bay Area on March 29, 2016; and WHEREAS, staff reviewed the submitted quotations and evaluated the three responsive quotations; and WHEREAS,PrimexMunicipalWaterControlSolutionsofVacaville,Californiawasselectedasthemost qualified firm based upon experience, qualifications, and also had the lowest cost proposal; and WHEREAS,thetotalannualcostfortheseservicesisnottoexceed$185,000peryearforeachofthree consecutive years beginning in Fiscal Year 2016-2017; and WHEREAS,fundingfortheserviceisincludedintheapprovedWQCP’soperationandmaintenancebudgetfor Fiscal Year 2016-2017. NOW,THEREFORE,BEITRESOLVED,bytheCityCounciloftheCityofSouthSanFranciscothattheCity CouncilherebyapprovesaConsultingServicesAgreementforinstrumentationserviceswithPrimexMunicipal WaterControlSolutionsinanamountnottoexceed$185,000peryearforthreeyears,substantiallyintheform attached hereto as Exhibit A. BEITFURTHERRESOLVEDthattheCityManagerisherebyauthorizedtoexecutetheConsultingServices AgreementonbehalfoftheCityupontimelysubmissionbyPrimexMunicipalWaterControlSolutionsofthe signed contract and all other documents, subject to approval as to form by the City Attorney. BEITFURTHERRESOLVED,thattheCityManagerisauthorizedtoexecuteanyrelateddocuments,tomake anyrevisions,amendments,ormodifications,deemednecessarytocarryouttheintentofthisResolutionwhich donotmateriallyalterorincreasetheCity’sobligationsthereunder,andsubjecttoapprovalastoformbythe City Attorney. City of South San Francisco Printed on 10/14/2016Page 1 of 2 powered by Legistar™ File #:16-610,Version:1 ***** City of South San Francisco Printed on 10/14/2016Page 2 of 2 powered by Legistar™ Consulting Services Agreement between 06/21/2016 City of South San Francisco and PRIMEX Municipal Water Control Solutions. Page 1 of 16 CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND PRIMEX MUNICIPAL WATER CONTROL SOLUTIONS THIS AGREEMENT for consulting services is made by and between the City of South San Francisco (“City”) and PRIMEX Municipal Water Control Solutions (“Consultant”) (together sometimes referred to as the “Parties”) as of (the “Effective Date”). Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the following services: to design, update, modify and optimize Water Quality Control Plant (WQCP) and Pump Stations Supervisory Control and Data Acquisition Systems (SCADA), as well as other data-gathering and processing equipment, including, but not limited to, programmable logic controllers (PLC’s), human-machine interfaces (HMIs), flow measurement and control equipment, radio telemetry systems and other instrumentation and controls associated with the WQCP and pumping stations. 1.1 Term of Services. The term of this Agreement shall be for three (3) consecutive years beginning on the Effective Date and ending on June 30, 2019, Consultant shall complete the work described prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as provided for in Section 8. 1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession. Consultant shall prepare all work products required by this Agreement in a substantial, first-class manner and shall conform to the standards of quality normally observed by a person practicing in Consultant's profession. 1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Sections 1.1 and 1.2 above and to satisfy Consultant’s obligations hereunder. Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed One Hundred Eighty Five Thousand Dollars ($185,000) per year for each of the three (3) consecutive years, notwithstanding any contrary indications that may be contained in Consultant’s proposal, for services to be performed and reimbursable costs incurred under this Agreement. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments Consulting Services Agreement between 06/21/2016 City of South San Francisco and PRIMEX Municipal Water Control Solutions. Page 2 of 16 specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 2.1 Invoices. Consultant shall submit invoices, not more often than once per month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:  At City’s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense;  The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder, as well as a separate notice when the total number of hours of work by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds eight hundred (800) hours, which shall include an estimate of the time necessary to complete the work described in Section 1.1;  The amount and purpose of actual expenditures for which reimbursement is sought;  The Consultant’s signature. 2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant. 2.3 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment. Consulting Services Agreement between 06/21/2016 City of South San Francisco and PRIMEX Municipal Water Control Solutions. Page 3 of 16 2.4 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed $162/hourly, plus mileage and tolls (see Exhibit “A” for rate sheet). 2.5 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor represents and warrants that Contractor is a resident of the State of California in accordance with California Revenue & Taxation Code Section 18662, as may be amended, and is exempt from withholding. Contractor accepts sole responsible for verifying the residency status of any subcontractors and withhold taxes from non-California subcontractors as required by law. 2.6 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to that date. 2.7 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities. Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall provide Certificates of Insurance, attached hereto and incorporated herein as Exhibit B, indicating that Consultant has obtained or currently maintains insurance that meets the requirements of this section and under forms of insurance satisfactory, in all respects, to the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s). Consulting Services Agreement between 06/21/2016 City of South San Francisco and PRIMEX Municipal Water Control Solutions. Page 4 of 16 4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000) per accident. In the alternative, Consultant may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator (as defined in Section 10.9). The insurer, if insurance is provided, or the Consultant, if a program of self- insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement. 4.2 Commercial General and Automobile Liability Insurance. 4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting there from, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non- owned automobiles. 4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 or GL 0002 (most recent editions) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 8 and 9. No endorsement shall be attached limiting the coverage. 4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy: a. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. Consulting Services Agreement between 06/21/2016 City of South San Francisco and PRIMEX Municipal Water Control Solutions. Page 5 of 16 b. Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers. 4.3 Professional Liability Insurance. 4.3.1 General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions. Any deductible or self-insured retention shall not exceed ONE HUNDRED FIFTY THOUSAND DOLLARS $150,000 per claim. 4.3.2 Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form: a. The retroactive date of the policy must be shown and must be before the date of the Agreement. b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement or the work, so long as commercially available at reasonable rates. c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after completion of the Agreement or the work. The City shall have the right to exercise, at the Consultant’s sole cost and expense, any extended reporting provisions of the policy, if the Consultant cancels or does not renew the coverage. d. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement. 4.4 All Policies Requirements. 4.4.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. 4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Consultant shall furnish City with complete copies of all policies delivered to Consultant by the insurer, including complete copies of all endorsements attached to those policies. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Consultant Consulting Services Agreement between 06/21/2016 City of South San Francisco and PRIMEX Municipal Water Control Solutions. Page 6 of 16 beginning work, it shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time. 4.4.3 Notice of Reduction in or Cancellation of Coverage. A certified endorsement shall be attached to all insurance obtained pursuant to this Agreement stating that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. In the event that any coverage required by this section is reduced, limited, cancelled, or materially affected in any other manner, Consultant shall provide written notice to City at Consultant’s earliest possible opportunity and in no case later than ten (10) working days after Consultant is notified of the change in coverage. 4.4.4 Additional insured; primary insurance. City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Consultant, including the insured’s general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by the Consultant in the course of providing services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers. A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that no insurance or self-insurance maintained by the City shall be called upon to contribute to a loss under the coverage. 4.4.5 Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. Further, if the Consultant’s insurance policy includes a self-insured retention that must be paid by a named insured as a precondition of the insurer’s liability, or which has the effect of providing that payments of the self-insured retention by others, including additional insureds or insurers do not serve to satisfy the self- insured retention, such provisions must be modified by special endorsement so as to not apply to the additional insured coverage required by this agreement so as to not prevent any of the parties to this agreement from satisfying or paying the self- insured retention required to be paid as a precondition to the insurer’s liability. Additionally, the certificates of insurance must note whether the policy does or does not include any self-insured retention and also must disclose the deductible. During the period covered by this Agreement, only upon the prior express written authorization of Contract Administrator, Consultant may increase such deductibles Consulting Services Agreement between 06/21/2016 City of South San Francisco and PRIMEX Municipal Water Control Solutions. Page 7 of 16 or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Consultant procure a bond, guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them. 4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 4.4.7 Wasting Policy. No insurance policy required by Section 4 shall include a “wasting” policy limit. 4.4.8 Variation. The City may approve a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that the City’s interests are otherwise fully protected. 4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; b. Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or c. Terminate this Agreement. Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES. Consultant shall indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the gross negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees, Consulting Services Agreement between 06/21/2016 City of South San Francisco and PRIMEX Municipal Water Control Solutions. Page 8 of 16 subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Section 6. STATUS OF CONSULTANT. 6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. 6.2 Consultant No Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent or to bind City to any obligation whatsoever. Section 7. LEGAL REQUIREMENTS. 7.1 Governing Law. The laws of the State of California shall govern this Agreement. 7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. Consulting Services Agreement between 06/21/2016 City of South San Francisco and PRIMEX Municipal Water Control Solutions. Page 9 of 16 7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals, including from City, of what-so-ever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. 7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby. Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. 7.6 Prevailing Wage rates. Where applicable, the wages to be paid for a day's work to all classes of laborers, workmen, or mechanics on the work contemplated by this Purchase Agreement, shall be not less than the prevailing rate for a day’s work in the same trade or occupation in the locality within the state where the work hereby contemplates to be performed as determined by the Director of Industrial Relations pursuant to the Director’s authority under Labor Code Section 1770, et seq. Each laborer, worker or mechanic employed by Contractor or by any subcontractor shall receive the wages herein provided for. The Contractor shall pay two hundred dollars ($200), or whatever amount may be set by Labor Code Section 1775, as may be amended, per day penalty for each worker paid less than prevailing rate of per diem wages. The difference between the prevailing rate of per diem wages and the wage paid to each worker shall be paid by the Contractor to each worker.     An error on the part of an awarding body does not relieve the Contractor from responsibility for payment of the prevailing rate of per diem wages and penalties pursuant to Labor Code Sections 1770 1775. The City will not recognize any claim for additional Consulting Services Agreement between 06/21/2016 City of South San Francisco and PRIMEX Municipal Water Control Solutions. Page 10 of 16 compensation because of the payment by the Contractor for any wage rate in excess of prevailing wage rate set forth. The possibility of wage increases is one of the elements to be considered by the Contractor. (A) Posting of Schedule of Prevailing Wage Rates and Deductions. If the schedule of prevailing wage rates is not attached hereto pursuant to Labor Code Section 1773.2, the Contractor shall post at appropriate conspicuous points at the site of the project a schedule showing all determined prevailing wage rates for the various classes of laborers and mechanics to be engaged in work on the project under this contract and all deductions, if any, required by law to be made from unpaid wages actually earned by the laborers and mechanics so engaged. (B) Payroll Records. Each Contractor and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the Contractor in connection with the public work. Such records shall be certified and submitted weekly as required by Labor Code Section 1776.   Section 8. TERMINATION AND MODIFICATION. 8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. Consultant may cancel this Agreement for cause upon 30 days’ written notice to City and shall include in such notice the reasons for cancellation. In the event of termination, Consultant shall be entitled to compensation for services performed to the date of notice of termination; City, however, may condition payment of such compensation upon Consultant delivering to City all materials described in Section 9.1. 8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period. 8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties. Consulting Services Agreement between 06/21/2016 City of South San Francisco and PRIMEX Municipal Water Control Solutions. Page 11 of 16 8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not assign or subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator. 8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement. 8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following: 8.6.1 Immediately terminate the Agreement; 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; 8.6.3 Retain a different consultant to complete the work described in Section 1.1 not finished by Consultant; or 8.6.4 Charge Consultant the difference between the cost to complete the work described in Section 1.1 that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work. Section 9. KEEPING AND STATUS OF RECORDS. 9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final Consulting Services Agreement between 06/21/2016 City of South San Francisco and PRIMEX Municipal Water Control Solutions. Page 12 of 16 approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties unless required by law. 9.2 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. 9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement. Section 10 MISCELLANEOUS PROVISIONS. 10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including arbitration or an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County San Mateo or in the United States District Court for the Northern District of California. 10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties. Consulting Services Agreement between 06/21/2016 City of South San Francisco and PRIMEX Municipal Water Control Solutions. Page 13 of 16 10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. 10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq. Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve (12) months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code §1090 et.seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California. 10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials. 10.9 Contract Administration. This Agreement shall be administered by Mike Futrell ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee. 10.10 Notices. All notices and other communications which are required or may be given under this Agreement shall be in writing and shall be deemed to have been duly given (i) when received if personally delivered; (ii) when received if transmitted by telecopy, if received during normal business hours on a business day (or if not, the next business day after delivery) provided that such facsimile is legible and that at the time such facsimile is sent the sending Party receives written confirmation of receipt; (iii) if sent for next day delivery to a domestic address by recognized overnight delivery service (e.g., Federal Express); and (iv) upon receipt, if sent by certified or registered mail, return receipt requested. In each case notice shall be sent to the respective Parties as follows: Consultant: PRIMEX Municipal Water Control Solutions 859 Cotting Ct. Unit “G” Consulting Services Agreement between 06/21/2016 City of South San Francisco and PRIMEX Municipal Water Control Solutions. Page 14 of 16 Vacaville, CA., 95688 City: City Clerk City of South San Francisco 400 Grand Avenue South San Francisco, CA 94080 10.11 Integration. This Agreement, including all Exhibits attached hereto, and incorporated herein, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral pertaining to the matters herein. 10.12 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. 10.13 Construction. The headings in this Agreement are for the purpose of reference only and shall not limit or otherwise affect any of the terms of this Agreement. The parties have had an equal opportunity to participate in the drafting of this Agreement; therefore any construction as against the drafting party shall not apply to this Agreement. The Parties have executed this Agreement as of the Effective Date. CITY OF SOUTH SAN FRANCISCO Consultants ____________________________ _____________________________________ Mike Futrell, City Manager Adam Vesely, Director of Operations Consulting Services Agreement between 06/21/2016 City of South San Francisco and PRIMEX Municipal Water Control Solutions. Page 15 of 16 Attest: _____________________________ Krista Martinelli, City Clerk Approved as to Form: ____________________________ City Attorney 2051688.4 Consulting Services Agreement between 06/21/2016 City of South San Francisco and PRIMEX Municipal Water Control Solutions. Page 16 of 16 Exhibit ‘A’ PRIMEX Municipal Water Control Solutions Hourly Rate Sheet Consulting Services Agreement between 06/21/2016 City of South San Francisco and PRIMEX Municipal Water Control Solutions. Page 17 of 16 Exhibit ‘B’ Insurance Certifications City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:16-532,Version:1 Reportregardingaresolutionauthorizingachangeinscopeandconstructioncontingencybudgettopayfor contractchangeordersinanamountnottoexceed$87,288andacceptingtheLosCerritosSchoolWestOrange ImprovementProjectascompleteinaccordancewiththeplansandspecifications(TotalConstructionCost $444,534). (Patrick Caylao, Associate Civil Engineer) RECOMMENDATION ItisrecommendedthattheCityCounciladoptaresolutionauthorizingachangeinscopeand constructioncontingencybudgettopayforcontractchangeordersinanamountnottoexceed$87,288 andacceptingtheLosCerritosSchoolWestOrangeImprovementProject(ProjectNo.tr1204)as completeinaccordancewiththeplansandspecifications.Thetotalconstructioncost,includingthe requested additional budget is $444,534. BACKGROUND/DISCUSSION OnJuly8,2015,CityCouncilapprovedtheawardofaconstructioncontracttoInterstateGradingandPaving, Inc.(“Contractor”)fortheLosCerritosSchoolWestOrangeImprovementsProject(“Project”).TheProject constructionbudgetincludingthecontract,administrativeexpensesandcontingencywas$435,987.Basedon changestothescopeduringconstruction,theconstructionbudgetneedstobeincreasedto$444,534.The unexpectedadditionalcostscanbecoveredbyprojectcontingencyandauthorizationofexpenditurefrom unspent project funds. TheProjectinstallednewbulb-outs,ADAcurbramps,andhighvisibilitycrosswalksattheintersectionsof WestOrangeAvenueatBandCStreets.Inaddition,twonewradarfeedbacksignswereinstalledalongWest OrangeAvenue.TheProjectispartiallyfederallyfunded,viatheSafeRoutestoSchool(SRTS)programto promote safer conditions for pedestrians, particularly the students that attend the nearby school. DuringthedesignphaseoftheProject,thedesignconsultantnotifiedallutilityownerswithintheprojectareato identifyanypotentialconflicts.However,priortoconstruction,theContractorwasalertedthattwo60”San FranciscoPublicUtilitiesCommission(SFPUC)waterlineswerenotidentifiedontheplansandspecialmethods ofconstructionwereneededtoconstructaroundthesewaterlines.Thespecialmethods,includedhand-potholing ofthelinesandSFPUC-approvedmethodsandequipmentforbackfilling,grinding,andpaving,resultedina changeorderinof$52,919.Inaddition,changeordersintheamountof$34,369wererequiredtoaddressover- excavationandtreatmentofunsuitablesub-gradesoilandchangestostripingdetails.Thetotalcostfortheextra work by the contractors was $87,288. The following shows the original project budget versus the actual. City of South San Francisco Printed on 8/18/2016Page 1 of 2 powered by Legistar™ File #:16-532,Version:1 Approved Budget Actual Balance Interstate Grading and Paving, Inc. Contract$348,790 $348,790 $ 0 Contingency $ 52,318 $ 87,288($34,970) Administrative $ 34,879 $ 8,456 $26,423 Total Approved Construction Budget $435,987 $444,534($ 8,547) FUNDING FundingforthisprojectisincludedintheCityofSouthSanFrancisco’s2014-2015CapitalImprovement Program(CIP/tr1204).Thereiscurrentlyanunencumberedbalanceof$39,117intheoverallprojectbudgetin the CIP which can cover the overage of $8,547. CONCLUSION Staffrecommendsauthorizingachangetotheconstructioncontingencybudgettopayfortheconstruction contractchangesinanamountnottoexceed$87,288.Staffhasinspectedtheprojectwhichwascompletedper theplansandspecifications.Staffrecommendsacceptanceoftheprojectascomplete.Uponacceptance,a noticeofcompletionwillbefiledwiththeCountyofSanMateoRecorder’sOffice.Attheendofthe30daylien period,theretentionfundswillbereleasedtothecontractorafteritprovidestheCitywithaone-yearguaranty bond. Attachment: Photos of intersection improvements at Los Cerritos School and at “B” Street City of South San Francisco Printed on 8/18/2016Page 2 of 2 powered by Legistar™ AT T A C H M E N T 1 IN T E R S E C T I O N I M P R O V E M E N T S A T L O S C E R R I T O S S C H O O L Pa g e 1 o f 2 AT T A C H M E N T 1 IN T E R S E C T I O N I M P R O V E M E N T S A T " B " S T R E E T Pa g e 2 o f 2 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:16-586,Version:1 Resolutionauthorizingachangeinscopeandconstructioncontingencybudgettopayforcontractchange ordersinanamountnottoexceed$87,288andacceptingtheLosCerritosSchoolWestOrangeImprovement Project as complete in accordance with the plans and specifications (Total Construction Cost $444,534). WHEREAS,CouncilawardedaconstructioncontracttoInterstateGrading&Paving,Inc.ofSouthSan Francisco,CAfortheLosCerritosSchoolWestOrangeonJuly8,2016inanamountnottoexceed$348,790; and WHEREAS,atthetimeofaward,Councilapprovedbudgetforinspection,administration,materialstesting, and a construction contingency line item of $52,318 to pay for extra work performed by the Contractor; and WHEREAS,extraworkduetounforeseenconditionsperformedbytheContractortotaled$87,288and therefore exceeded the contingency budget line item by $34,970; and WHEREAS,thereissufficientunencumberedprojectbudgettopayfortheadditional$34,970neededforall extra work performed; and NOW,THEREFORE,BEITRESOLVED,thattheCityCounciloftheCityofSouthSanFranciscodoes herebyauthorizeanincreaseintheconstructioncontingencybudgetof$34,970toallowforpaymentof remainingmoneyowedtoInterstateGradingandPaving,Inc.ofSouthSanFrancisco,CAforcloseoutofthe Los Cerritos School West Orange Improvement Project. BEITFURTHERRESOLVED,thattheCityCounciloftheCityofSouthSanFranciscodoesherebyaccept theLosCerritosSchoolWestOrangeImprovementProjectinaccordancewiththeplansandspecificationsofa total construction cost of $444,534. ***** City of South San Francisco Printed on 10/14/2016Page 1 of 1 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:16-597,Version:1 ReportregardingaresolutionapprovingaSecondAmendmenttoanexistingconsultingservicesagreement withMarkThomas&Company,Inc.foradditionaldesignservicesforthereplacementoftheSouthAirport BoulevardBridgeatNorthAccessRoadProject,inanamountnottoexceed$115,100,increasingthe consultant services agreement to a total not to exceed amount of $490,875.(Sam Bautista, Principal Engineer) RECOMMENDATION ItisrecommendedthattheCitycounciladoptaresolutionapprovingaSecondAmendmenttoan existingconsultingservicesagreementwithMarkThomas&Company,Inc.ofSanJose,California,for additionaldesignservicesforthereplacementoftheSouthAirportBoulevardBridgeatNorthAccess Road(ProjectNo.st1301),inanamountnottoexceed$115,100,increasingtheconsultantservices agreement to a total not to exceed amount of $490,875. BACKGROUND/DISCUSSION TheCaliforniaDepartmentofTransportation(Caltrans)DivisionofMaintenanceperformsinspectionsof localvehiclebridgesandpedestrianovercrossingseverytwoyears.TheinspectionsconfirmedthattheSouth Airport Boulevard Bridge (“bridge”) at North Access Road (Bridge No. 35C044) needs major repair. Thebridgeisa45-footwideatgradebridge,builtin1949andsupportedonwoodpiles.In1975,thebridge waswidenedonbothsideswithconcretepilessupportingthenewsections.Theinspectionperformedby CaltransinMay2009determinedthatthebridge’sweightbearingcapacitywasreducedduetodeterioration oftheunderlyingwoodpiles.However,thereducedcapacityisstillabovetheratedloadforSouthAirport Boulevardsothebridgedoesnotneedtobeclosedorrestricted,onlyrepairedinthenearfuturetoretainits serviceability. AsrequiredbyCaltransprocedure,staffpreparedaRequestforProposals(“RFP”)forconsultingservicesto developdesignrecommendationsforthebridge.InDecember2009,staffinterviewedthetoptwo(2) consultantswhorespondedtotheRFP.OnFebruary24,2010,theCityCouncilapprovedtheexecutionofa consultingservicesagreementwithMarkThomas&Companytoevaluatethebridgeanddevelopdesign recommendationstorepairthebridge.MarkThomas&CompanywasalsodirectedtoassisttheCityon pursuingeligibilityforCaltransHighwayBridgeProgram(HBP)funding,whichwouldpayforthe engineeringdesignandconstructioncoststorepairorreplacethebridge.ThestaffsubmittedMarkThomas& Company’sbridgeevaluationtoCaltransonJuly28,2010requestingbridgeeligibilityforHBPfundsto replace the bridge. OnJune21,2012,theCitywasnotifiedthatthebridgewasapprovedforfundingofengineeringdesignbythe FederalHighwayAdministration(FHWA)forFiscalYear2012-2013.Fundingconsistsof$360,760from FHWA (88.53% of the funding), plus the City’s share of $46,740 for a total of $407,500. InMarch2016,theCityrequestedadditionalfundingintheamountof$125,000toincorporatedesign requirementsofvariousregulatoryagencies,suchastheDepartmentofFish&Wildlife,andchangesto addressCaltranscomments.OnApril13,2016,theCitywasinformedthatadditionalfundingwasapproved bytheFederalHighwayAdministration(FHWA)fortheadditionalwork.Theadditionalfundingconsistsof City of South San Francisco Printed on 8/18/2016Page 1 of 2 powered by Legistar™ File #:16-597,Version:1 bytheFederalHighwayAdministration(FHWA)fortheadditionalwork.Theadditionalfundingconsistsof $110,662fromFHWAplustheCity’sshareof$14,338foratotalamountof$125,000.OnJune13,2016, Mark Thomas & Company submitted a proposal for the additional design services in the amount of $115,100. FUNDING Funding for this project is included in the City of South San Francisco’s 2016-2017 Capital Improvement Program (CIP/st1301) and sufficient funds are available to cover the project cost. Initial Consultant Agreement $375,775 Proposed Amendment $115,100 Total Consultant Design Budget$490,875 Oncedesignedandreviewed,fundsareavailablefromFHWAtoconstructthebridge.Thecostis approximately$3.2million,withFHWAproviding88.47%andthecitymatchingwith11.53%.Construction will start sometime in 2018. Complete bridge replacements of this type typically take two years to construct. CONCLUSION StaffrecommendsapprovalofthesecondamendmenttotheexistingconsultingservicesagreementwithMark Thomas&CompanyInc.ofSanJose,California,toallowthedesigndocumentstobefinalizedforthe replacement of the South Airport Boulevard Bridge and allow the project to be advertised for bids. City of South San Francisco Printed on 8/18/2016Page 2 of 2 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:16-598,Version:1 Resolution approving a Second Amendment to an existing consulting services agreement with Mark Thomas & Company, Inc. for additional design services for the replacement of the South Airport Boulevard Bridge at North Access Road Project, in an amount not to exceed $115,100, increasing the consultant services agreement to a total not to exceed amount of $490,875. WHEREAS,onFebruary24,2010,theCityCouncilapprovedaconsultingservicesagreementwith MarkThomas&Company,Inc.(MTCo)ofSanJose,Californiaforinspectionservicesandassistancein pursuingfundingfromtheCaltransHighwayBridgeProgram(HBP)fortheSouthAirportBoulevardBridge (Bridge) at North Access Road Project (Project); and WHEREAS,onJune21,2012,theCityofSouthSanFrancisco(City)wasnotifiedthattheBridgewas approved for funding of engineering design by the Federal Highway Administration (FHWA); and WHEREAS,onJuly11,2012CityCouncilauthorizedtheexecutionofaconsultingservicesagreement with MTCo for engineering design on the Project, in an amount not to exceed $375,775; and WHEREAS,onApril13,2016theCitywasinformedthatadditionalfundingintheamountof$125,000 was approved for engineering design by the Federal Highway Administration (FHWA); and WHEREAS,onJune13,2016MTCosubmittedaproposalforadditionaldesignservicesinanamount nottoexceed$115,100,therebyincreasingtheconsultantservicesagreementtoatotalnottoexceedamountof $490,875; and WHEREAS,fundingfortheProjectisincludedintheCityofSouthSanFrancisco’s2016-2017Capital Improvement Program. NOW,THEREFORE,BEITRESOLVED,bytheCityCounciloftheCityofSouthSanFranciscothat theCityCouncilherebyapprovestheSecondAmendmenttotheconsultingservicesagreementwithMark Thomas&Company,Inc.ofSanJose,California,attachedheretoasExhibitA,foradditionaldesignservices fortheSouthAirportBoulevardBridgeatNorthAccessRoadProjectinanamountof$115,100,andincreasing theconsultantservicesagreementtoatotalnottoexceedamountof$490,875,conditionedonMTCo’stimely executionoftheProjectcontractamendmentandsubmissionofallrequireddocuments,includingbutnot limited to, certificates of insurance and endorsements, in accordance with the Project documents. BEITFURTHERRESOLVEDthattheCityCounciloftheCityofSouthSanFranciscoauthorizesthe FinanceDepartmenttoestablishtheProjectBudgetconsistentwiththeinformationcontainedinthestaff report. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute all necessary documents on behalf of the City upon timely submission by MTCo’s signed contract and all other documents, City of South San Francisco Printed on 10/14/2016Page 1 of 2 powered by Legistar™ File #:16-598,Version:1 subject to approval as to form by the City Attorney. ***** City of South San Francisco Printed on 10/14/2016Page 2 of 2 powered by Legistar™ EXHIBIT A SECOND AMENDMENT TO THE CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND MARK THOMAS & ASSOCIATES THIS SECOND AMENDMENT TO THE CONSULTING SERVICES AGREEMENT (this “Amendment”) amending that certain Consulting Services Agreement dated July 11, 2012 (“Agreement”), by and between THE CITY OF SOUTH SAN FRANCISCO, a public body, corporate and politic (“City”), and MARK THOMAS & ASSOCIATES (“Consultant”) (together referred to as the “Parties”), is made effective as of August 10, 2016 (the “Effective Date”). RECITALS WHEREAS, on July 11, 2012, Consultant and City entered into the Agreement, pursuant to which City contracted with Consultant to provide consulting services related to the San Bruno Canal Bridge Replacement at South Airport Boulevard and North Access Road (as detailed in Attachment 1); and WHEREAS, pursuant to the Agreement, City agreed to pay Consultant a sum not to exceed Three Hundred Seventy Five Thousand, Seven Hundred Seventy Five Dollars ($375,775.00) for professional services set forth in the Agreement; and WHEREAS, on August 26, 2015, City agreed to provide extension of time to end on December 31, 2016 (as detailed in Attachment 2); and WHEREAS, in order to provide design services for additional work related to the increase in scope of San Bruno Canal Bridge Replacement at South Airport Boulevard and North Access Road, Consultant has requested an additional payment in the amount of One Hundred Fifteen Thousand, One Hundred Dollars ($115,100.00) as shown on the proposal dated June 13, 2016 (as detailed in Attachment 3); and WHEREAS, City desires to provide payment in excess of that originally stated in the Agreement for additional services performed by Consultant; and WHEREAS, pursuant to Section 8.3 of the Agreement, the Parties desire to modify the Agreement. NOW, THEREFORE, the Parties hereto agree as follows: 1. The Scope of Work is hereby amended by adding the additional engineering design work described in the June 13, 2016 Consultant proposal. 2. Section 2 of the agreement shall be amended such that the City agrees to pay Consultant additional compensation for the additional design services in an amount not to exceed EXHIBIT A $115,100, with the understanding that the total compensation payable to consultant under this Agreement shall not exceed $490,875. 3. All other terms, conditions and provisions in the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the City and Consultant have executed this Amendment as of the date first above written. City Consultant The City Mark Thomas & Associates of South San Francisco ____________________________ _____________________________ Mike Futrell Name: Richard K. Tanaka City Manager Title: CFO ATTEST: ___________________________ City Clerk APPROVED AS TO FORM: __________________________ City Attorney ATTACHMENT 1 TO EXHIBIT A ATTACHMENT 1 TO EXHIBIT A ATTACHMENT 1 TO EXHIBIT A ATTACHMENT 1 TO EXHIBIT A ATTACHMENT 1 TO EXHIBIT A ATTACHMENT 1 TO EXHIBIT A ATTACHMENT 1 TO EXHIBIT A ATTACHMENT 1 TO EXHIBIT A ATTACHMENT 1 TO EXHIBIT A ATTACHMENT 1 TO EXHIBIT A ATTACHMENT 1 TO EXHIBIT A ATTACHMENT 1 TO EXHIBIT A ATTACHMENT 1 TO EXHIBIT A ATTACHMENT 1 TO EXHIBIT A ATTACHMENT 1 TO EXHIBIT A ATTACHMENT 1 TO EXHIBIT A ATTACHMENT 1 TO EXHIBIT A ATTACHMENT 1 TO EXHIBIT A ATTACHMENT 1 TO EXHIBIT A ATTACHMENT 1 TO EXHIBIT A ATTACHMENT 1 TO EXHIBIT A ATTACHMENT 1 TO EXHIBIT A ATTACHMENT 1 TO EXHIBIT A ATTACHMENT 1 TO EXHIBIT A ATTACHMENT 1 TO EXHIBIT A ATTACHMENT 1 TO EXHIBIT A ATTACHMENT 1 TO EXHIBIT A ATTACHMENT 1 TO EXHIBIT A ATTACHMENT 1 TO EXHIBIT A ATTACHMENT 1 TO EXHIBIT A ATTACHMENT 1 TO EXHIBIT A ATTACHMENT 1 TO EXHIBIT A ATTACHMENT 1 TO EXHIBIT A ATTACHMENT 1 TO EXHIBIT A ATTACHMENT 1 TO EXHIBIT A ATTACHMENT 1 TO EXHIBIT A ATTACHMENT 1 TO EXHIBIT A ATTACHMENT 1 TO EXHIBIT A ATTACHMENT 1 TO EXHIBIT A ATTACHMENT 1 TO EXHIBIT A ATTACHMENT 2 TO EXHIBIT A ATTACHMENT 3 TO EXHIBIT A ATTACHMENT 3 TO EXHIBIT A ATTACHMENT 3 TO EXHIBIT A ATTACHMENT 3 TO EXHIBIT A ATTACHMENT 3 TO EXHIBIT A ATTACHMENT 3 TO EXHIBIT A ATTACHMENT 3 TO EXHIBIT A City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:16-687,Version:1 ReportregardingaresolutionauthorizingtheCityManagertoexecuteaConsultingServicesAgreement withDyett&Bhatiainanamountnottoexceed$194,556forenvironmentalanalysisandmaster planningrevisionstotheElCaminoReal/ChestnutAvenueAreaPlan.(SaileshMehra,Planning Manager) RECOMMENDATION ItisrecommendedthattheCityCounciladoptaresolutionauthorizingtheCityManagerto executeaConsultingServicesAgreementwithDyett&Bhatiainanamountnottoexceed $194,556forenvironmentalanalysisandmasterplanningrevisionstotheElCamino Real/Chestnut Avenue Area Plan. BACKGROUND AttheMeasureWCityCouncilStudySessionheldonApril19,2016,CityCouncildirectedstafftopursuesiteplanoptions forreplacingtheCity’sMunicipalServicesBuilding(MSB)facilitieswithanewCommunityCivicCampusatthePublic Utilities Commission (PUC) site located at the corner of El Camino Real and Chestnut Avenue. TheElCaminoReal/ChestnutAvenueAreaPlan(AreaPlan)encompassestheMSBandPUCsitesandenvisionsmixed- useddevelopmentalongtheElCaminoRealandChestnutAvenuecorridors.TheplannedacquisitionofthePUClandand MeasureWfundinghasprovidedtheCityanopportunitytoinvestigatenewdevelopmentscenarioswithintheAreaPlanthat wouldallownewsafetyandpublicservicefacilities.Inordertopermitthesenewopportunities,however,theAreaPlanand associated environmental analysis will need to be updated. AnupdatetoMeasureWprogresswaspresentedtotheCouncilonJuly27,2016andidentifiedtheongoingeffortsbystaff tosecureappropriateconsultantsupporttodevelopandimplementthenewCommunityCivicCampusvision,includingthe tasksoutlinedinthisreport.AspartoftheupcomingMSBandPUCsites’masterplanningeffort,staffrecommendsa contract with a consultant to provide services for: ·Area Plan updates to incorporate the changes; and ·Applicable environmental review updates to the Environmental Impact Report (EIR) adopted for the Area Plan. DISCUSSION StaffrequestedproposalsonJune28,2016fromthreePlanningDivisionon-callPlanningandEnvironmentalReview consultants(Placeworks,AECOM,andDyett&Bhatia).Theon-calllisthasbeenreviewedandvettedforconsultantswith appropriateexperienceandstreamlinestheoutreachprocess.BythecloseoftheproposalperiodonJuly8,2016,staffspoke withAECOMandDyett&Bhatiabutonlyreceivedoneformalproposal(Dyett&Bhatia).Dyett&Bhatiaweretheoriginal consultants who worked with the City to draft and adopt the Area Plan and associated EIR in 2011. WhiletheCityfollowedthetypicalprocurementprocessandsentoutrequeststothreeon-callconsultantsbasedonrequisite experience,thesingleresponseisnotsurprising.Theacceleratedtimelineforrespondingtotherequest,coupledwiththefact thattheoriginalAreaPlanconsultantwasincludedintheproposalprocess,mayhavediscouragedotherfirmsfromapplying. Itisnotuncommonthatwhenthefirmthatpreparedtheoriginaldocumentispartoftheproposalprocess,otherstendtonot submitproposalssincetheircostsandtimearen’tascompetitiveastheoriginalconsultant’sbid.Alternatively,notincluding Dyett&BhatiawouldhaveprecludedtheCityfrombenefittingfromtheirknowledgeandexperiencewiththeAreaPlanand City of South San Francisco Printed on 8/18/2016Page 1 of 2 powered by Legistar™ File #:16-687,Version:1 associated environmental review. StaffreviewedtheDyett&Bhatia’sproposalandfoundittoberesponsive,comprehensiveandappropriateforthenecessary AreaPlanupdatescontemplated.Basedonstaff’sexperienceinprocessingapplicationsandCEQAdocuments,Dyett& Bhatia’sbudgetandscopeareconsistentwithwhatitcoststoupdatethesedocuments.Staffsuggestedadjustmentstothe originalproposaltoincludeadditionalsub-consultantcoordinationmeetings,aswellasarobustcontingencytocover unforeseen community meetings or unexpected tasks. The service agreement budget is as follows: ·Dyett and Bhatia Consulting Services Agreement: $162,130 ·Contingency (20%): $32,426 ·Total: $194,556 TheconsultantteamincludesDyett&BhatiaforthenecessaryAreaPlanamendmentsandenvironmentalanalysis,Urban FieldStudioforurbandesigncomponentsoftheAreaPlanupdates,andCSDADesignGroupfornoiseanalysis.These consultantswillbeworkingcloselywithothercity-hiredconsultantswithexpertiseinarchitecture,trafficandcirculation, surveysandcivilengineering.Keymembersoftheconsultantteam(includingMonicaSzydlik,ProjectPlannerandRajeev Bhatia, Project Manager from Dyett & Bhatia), completed work on the original Area Plan in 2011. TheAreaPlanupdatesandassociatedenvironmentalanalysisareexpectedtotaketheremainderof2016tocomplete. Progress on this contract’s associated tasks will be shared with City Council through the regular Measure W updates. FUNDING Funding for this effort is included in the City of South San Francisco FY 2016-2017 Measure W budget. CONCLUSION ApprovaloftheresolutionwillallowtheCityManagertoexecuteaConsultingServicesAgreementwithDyett&Bhatiafor environmental analysis and master planning revisions to the El Camino Real/Chestnut Avenue Area Plan. Attachments: 1.Dyett & Bhatia Scope of Work & Budget Proposal 2.Draft Form of Consulting Services Agreement City of South San Francisco Printed on 8/18/2016Page 2 of 2 powered by Legistar™ 1 SCOPE OF WORK The task-by-task descriptions that follow present our approach to the assignment. The lead firm for each sub-task is identified in parentheses. We have also outlined what we would expect from Group4 and Kimley Horn for this project through their existing contracts with the City: D&B: Dyett & Bhatia, Urban and Regional Planners UFS: Urban Field Studio CSDA: CSDA Design Group, Noise Consultants KH: Kimley Horn (through existing contract with the City) Group4: Group4 Architects (through existing contract with the City) Task 1: Startup and Review 1-A Kickoff Meeting and Field Visit (D&B; UFS; Group4, KH). In a kickoff meeting with staff (potentially at the MSB), the team will clarify roles and responsibilities, establish commu- nication protocol, and discuss any program modifications, and key project milestones. The development program for the library/ Council chambers and Group 4’s plans will be reviewed. Conduct a walking tour of the study area with staff, with a focus on the Civic Cen- ter/Library site. 1-B Decision-Maker Study Session (D&B). In a study session with City Council sub-commit- tee (or the Planning Commission or another body), review key priorities for the Civic Cen- ter, as they relate to the plan and environmen- tal review. This meeting could be held at the outset, or after some preliminary work has been completed. Meeting: Decision-maker (one) Task 2: Recalibrated Land Use Plan/ Program 2-A Civic Center/Library Massing/Site Plan- ning (Group4; UFS; D&B). We will work with Group4 to prepare overall massing and site planning study to ensure that the overall foot- print of the center is compact and well inte- grated with planned open spaces and plazas. Parking could be subterranean or structured, the library/City administrative functions, multi-storied, with cafés and other amenities lining El Camino Real. This would be a collab- orative effort between our team and Group4, and assumes that Group4 would provide the architectural effort responding to urban design considerations outlined by the Dyett & Bhatia team. Group4 will provide a SketchUp/CAD massing model to Dyett & Bhatia for integra- tion into the overall Area Plan and prepar- ing visual simulations. Should the City desire Dyett & Bhatia team to provide architectural services, this would be considered additional services. Dyett & Bhatia will integrate civic center mass- ing into the overall plan, and develop plan- level site and urban design guidelines (as part of Task 3) that preserve flexibility for more detailed architectural design work. Two visual simulations/photomontages will be prepared (and incorporated in the Plan as well as proj- ect-level environmental review) showing the massing of the Civic Center with the overall urban context. 2-B Prepare Updated Land Use Plan and Devel- opment Program (D&B). Based on develop- ment program for the Civic Center/Library and results of Task 2-A, an updated land use diagram for the ECR/Chestnut AP will be pre- pared. Development capacity (building area, housing units) information will be updated. Products: Updated Land Use Plan/Development Program Visual simulations (two) 2 PROPOSAL FOR THE CITY OF SOUTH SAN FRANCISCO Task 3: El Camino Real/Chestnut Area Plan, General Plan, and Zoning Amendments Amendments will be made to the ECR/Chestnut Area Plan to enable the ECR/Chestnut Area Plan to serve as a “Civic Center Master Plan”, and reflect land use, Oak Avenue removal, development standards, and other changes. Changes will also be made to the Gen- eral Plan and the Zoning Ordinance to ensure consis- tency. 3-A Administrative Draft Plan Amendments. Changes to the plan would be throughout the document, and would include: •  Vision and Context. Make changes to reflect Civic Center vision. •  Land Use Classification, Density/Inten- sity Standards, and Development Pro- gram. Reflect changes from Civic Center, Municipal Services Building site re-des- ignation, change in housing development capacity/program, and any changes in building heights. •  Guiding Principles and Policies. Changes will be made to text and maps to reflect updated land use and urban design direc- tion. Any changed contextual information – such as any changes in airport-related height limits – would be reflected. Oak Avenue extension may need to be removed from all drawings, and replaced with a pedestrian/bike connection. •  Civic Center. This will be a new chapter in the Plan. (Alternatively, this information could be folded into the other chapters.) This chapter would reflect, at an urban design scale, results of Task 2, includ- ing: overall civic development program, building massing (with flexibility for more detailed architectural-scale work), parking arrangements (structured or sub-surface), cafés/restaurants at ground level along El Camino Real, open spaces and civic/public plaza, and entrances. Any overall design direction, to the extent desired by the City, would be included. This chapter would also include any salient Plan-appropriate policies to mitigate any significant envi- ronmental impacts that may result from the environmental analysis (Task 4) or otherwise would be appropriate to include (such as noise/acoustic recommendations). •  Design Standards and Guidelines. Changes to this chapter are expected to be minimal. Regardless, the chapter will be reviewed for consistency with the Civic Center design and program. •  Implementation. Necessary changes will be made. Note that subsequent tasks out- line actual General Plan/zoning changes. 3-B Administrative Draft General Plan Amend- ments. Amendments will be made to the Gen- eral Plan in redline/strikeout to reflect Area Plan changes. These will include changes to the land use designations map, buildout and devel- opment assumptions, and policies in the Plan- ning Sub-Areas Element. It should be noted that the task consists of only those changes relating to El Camino Real/Chestnut Area Plan amendments, and will be in the form of red- line/strikeout on specific General Plan pages; City staff will provide an otherwise up to date General Plan electronic copy in InDesign for D&B to make the changes. 3-C Administrative Draft Zoning Ordinance Amendments. Chapter 20.270 El Camino Real/Chestnut Avenue Area Plan District, particularly Section 20.270.004: Development Standards, will be reviewed to ensure that it remains consistent with the proposed changes. 3-D Public Review Draft Area Plan, General Plan, and Zoning Ordinance Amendments. Follow- ing staff review of administrative draft of the changes (in the form of a single set of consoli- dated comments), public review drafts of the documents will be prepared. Products: Public Review Draft: ECR/Chestnut Area Plan (as amended) General Plan Amendments Zoning Ordinance Amendments 3 El Camino Real/Chestnut Plan Area EIR Update and Modifications Task 4: Environmental Impact Report Supplement or Addendum We will work with City staff and counsel to establish whether a Supplemental EIR or an addendum is more appropriate. Whether the significance of any find- ings as a result of the new analysis changes will not be known until technical work – especially related to transportation – is completed. A Supplement to the Draft EIR would need to be circulated for public review, whereas an addendum would not. The techni- cal work for the two will be the same; the only substan- tial difference will be in noticing, public review, and preparation of responses to comments. A Supplement to the Draft EIR would provide greater opportunities for public and other agency input and review, and thus may be more desirable (it may also be considered necessary given the MSB re-designation). In addition, project level analysis will be conducted for the Civic Center project. 4-A Notice of Preparation (if needed/Supplement to Draft EIR). If a Supplement to the previ- ous EIR is prepared, an NOP will be prepared. The NOP will explain the project/amendment to the Area Plan and the General Plan, and opportunities to provide comments. 4-B Conduct Scoping Meeting. A scoping meeting will be held on the Supplemental EIR following the NOP. 4-C Administrative Draft Supplement to Draft EIR (D&B). The Supplement will contain only the information necessary to make the previ- ous EIR adequate for the project as revised. Changes may be in the form of redline/strike- out or revised pages/chapters. Some of the chapters, such as for greenhouse gases, will be new. While a review of available third-party information (such as Department of Toxic Sub- stances for hazardous materials) will be done, for site-specific technical information (such as soils) D&B will rely on information compiled by the City. The focused topics analyzed in the Supplement to Draft EIR will be: •  Land Use (D&B). Compatibility with the General Plan with other potential applica- ble policies such as those in the San Fran- cisco International Airport Land Use Plan will be evaluated for the changed condi- tions. •  Aesthetics (D&B). Any changes in the visual impacts of the project, including building massing, compatibility with the General Plan and the Design Standards/ Guidelines will be evaluated. The larger effort will be evaluation of aesthetics impacts of the Civic Center project. Up to two visual simulations will be prepared. •  Traffic (Kimley Horn). Following is the suggested scope for KH work. Collect and Review Existing Information and Data Collect new weekday a.m. (7:00 a.m. – 9:00 a.m.) and p.m. (4:00 p.m. – 6:00 p.m.) traf- fic counts at all study intersections as part of this work. To be consistent with the 2011 EIR analysis analyze the same 12 study intersections: –El Camino Real/Hickey Boulevard –El Camino Real/McLellan Boulevard –El Camino Real/Arroyo Drive/Oak Extension –El Camino Real/Chestnut Avenue –El Camino Real/Orange Avenue –Mission Road/Grand Avenue –Chestnut Avenue/Grand Avenue –Mission Road/Oak Avenue –Mission Road/Chestnut Avenue –Junipero Serra Boulevard/Arroyo Drive –Westborough Boulevard/I-280 SB Off Ramp –Westborough Boulevard/I-280 NB On-Ramp/Junipero Serra Boulevard The final list of study intersections should be confirmed with City of South San Fran- cisco staff prior to project commencement. Field Reconnaissance KH will conduct field reconnaissance vis- its during a typical weekday (Tuesday, 4 PROPOSAL FOR THE CITY OF SOUTH SAN FRANCISCO Wednesday or Thursday). KH will observe and note the following: –Roadway cross-sections –Intersection lane geometry and con- figuration –Traffic control devices –Surrounding land uses –Sight distance –Locations of pedestrian, bicycle, and transit facilities –Trip Generation Estimates and Land Use Inventory KH will estimate the number of net new trips added to the study area based on a three-step process; trip generation, trip distribution patterns, and trip assignment. The net number of new trips that the pro- posed development would be expected to generate on a typical weekday as well as during the a.m. and p.m. peak hours will be determined based on standard aver- age trip rates published in the most recent edition of the Institute of Transportation Engineers’ Trip Generation or other rele- vant source documents. The trip distribu- tion (where people are coming from to get to the development) will be based on exist- ing traffic patterns in the vicinity of the project area, as reported in the 2011 EIR. Trip assignments (how traffic is assigned to the local street network) will be based on the origin and destination patterns evaluated in the trip distribution, and the likely route of travel for the net-new trips. Transportation Impact Analysis To be consistent with the City of South San Francisco and the C/CAG CMP traffic analysis guidelines, the analysis time peri- ods for this study will be the weekday a.m. and p.m. peak hours. The analysis of study intersections will be conducted using the 2000 Highway Capacity Manual (HCM) methodologies and Traffix Analysis Soft- ware. The traffic study will include the fol- lowing traffic study scenarios: –Existing Conditions – Existing operat- ing conditions at the study intersec- tions will be estimated based on the field reconnaissance, data collection, and methodologies described above. In addition, a qualitative review of transit, bicyclist and pedestrian facili- ties will be included. –Project Conditions – Project Condi- tions will include the Existing Con- ditions traffic volumes plus net-new trips associated with the proposed project. The traffic analysis for the Project scenario will include trip estimates, trip distribution patterns, and intersection LOS analysis for the study intersections. Changes to tran- sit, bicyclist and pedestrian facilities (if any) will be evaluated and a quali- tative discussion of general project- related influences will be included. The analysis will include a discussion of potential project-related impacts to the analysis intersections and recom- mended measures to mitigate project- related impacts. For any mitigation measures that are required, the LOS analysis for the conditions before and after incorporating the recommended measures will be provided. As part of the Project Conditions analysis, KH will re-examine circula- tion system improvements assumed in the 2011 EIR. KH will consider the removal of the proposed Oak Avenue extension for cars but retaining this connection for pedestrians and bicy- clists. Other bike/pedestrian connec- tions with the Civic Center may be considered. –Cumulative (Long-Term) Conditions – Cumulative long-term operating conditions will be presented based on the growth factors estimated from 5 El Camino Real/Chestnut Plan Area EIR Update and Modifications the C/CAG traffic forecast model. The growth factors will be applied to intersection turning movements at the study intersections. This scenario will be the same as the Cumulative with Project scenario from the 2011 EIR, and as such no new analysis is pro- posed. –Cumulative (Long-Term) with Project Conditions – Cumulative with Project Conditions will include the Cumula- tive Term Conditions traffic volumes plus net-new trips associated with the proposed project. The analysis will include a discussion of potential project-related cumulative impacts to the analysis intersections and recom- mended measures to mitigate project- related impacts. For any mitigation measures that are required, the LOS analysis for the conditions before and after incorporating the recommended measures will be provided. KH will provide VMT information to enable D&B to conduct GHG analysis. CMP Analysis Per the requirements of the C/CAG, a Congestion Management Program (CMP) Analysis will be conducted for each analy- sis scenario. The analysis will evaluate the potential impacts associated with the pro- posed project on the Metropolitan Trans- portation System roadway network in San Mateo County. The analysis will follow the Technical Policies and Guidelines of the C/CAG Congestion Management Pro- gram; arterial roadways will be evaluated based on average travel speed, and freeway segments will be analyzed based on vol- ume-to-capacity ratio. To be consistent with the 2011 EIR, the CMP analysis will include the following four roadway segments: –I-280 NB between Avalon and West- borough –I-280 NB between Westborough and Hickey –I-280 SB between Avalon and West- borough –I-280 SB between Westborough and Hickey Access Analysis Access driveways into and out of the pro- posed Civic Center site will be analyzed for adequate sight distance, turning clear- ance and safety. On-site circulation will also be evaluated. KH will provide the above analysis in the form of a technical report, which may be included as an appendix to the EIR. •  Noise (CSDA). Future noise contours will be updated using new projected traffic data from sub-task above. As the noise-sensi- tive uses (residential) are set back from El Camino Real and the project will need to be compatible with future SFIA noise standards, noise impact significance may not change. Library-specific noise mitiga- tion recommendations will be provided, based on future noise projections. •  Air Quality and Greenhouse Gases (D&B). A project-level air quality and greenhouse gas analysis will be performed by running the California Emissions Esti- mator Model (CalEEMod). D&B will uti- lize project site-specific characteristics resulting from Task 2 or otherwise pro- vided by the City including, but not lim- ited to, land use, project size, construction phasing, etc. In instances where data is not available, model default information will be used. •  Parks and Recreation. Update to reflect any changes in park needs (with potential reduction in number of housing units). •  Public Services and Utilities. Information on schools will be updated by D&B. City staff will be responsible for updating any other information (such as utilities) that may need updating. 6 PROPOSAL FOR THE CITY OF SOUTH SAN FRANCISCO •  Other Sections. Other sections are not anticipated to have substantial changes. We will however review the sections to ensure they are consistent with the revised project description. Our scope allocates 30 hours for other sections; should new topics needs to be analyzed that exceed 30 hours of effort, authorization for additional work would be needed. 4-D Public Review Draft Supplement to Draft EIR (D&B). Following staff comments, a pub- lic review draft of the Supplement to the Draft EIR will be prepared. The City will be respon- sible for distribution. 4-E Notice of Completion (D&B). Prepare the Notice of Completion (NOC) for the Supple- ment to Draft EIR for distribution to appropri- ate agencies. Product: Public Review Draft Supplement to Draft EIR (one electronic copy) Task 5: Community Workshop and Consultant Coordination Meetings Conduct one community outreach meeting. Coor- dinate efforts with the City’s architectural, civil, and traffic consultants. 5-A Conduct an Open House/Community Work- shop #1 (D&B). Conduct a community work- shop or open house to gain input. The timing of the workshop will be determined as part of the staff kickoff meeting (Task 1-A); candidate choices are prior to preparation of the docu- ments (early part of Task 3) or preceding adop- tion hearings to give community members an opportunity to fully understand proposals. 5-B Coordination Meetings and Conference Call with Other City Consultants. Close coordina- tion with the City’s other consultants (archi- tecture and traffic, for example), will be essen- tial throughout the process. This task provides for consultation and coordination. It is antici- pated that three or four in-person meetings or conference calls would be needed; our budget assumes a mix of the two. Meetings: Community Workshop/Open House Consultant Coordination Meetings (three or four) Task 6: Public Review and Adoption Responses to comments on the Supplement to Draft EIR will be prepared. The Plan changes and the EIR will be presented to decision-makers for adoption/cer- tification. Our scope of work does not include prepa- ration of staff reports or statement of over-riding con- siderations, or a mitigation monitoring and reporting program (should additional mitigation beyond that identified in the previous EIR is needed). 6-A Response to Supplement to Draft EIR. Follow- ing a 45-day public review period, a response to comments will be prepared. The Comments and Responses together with the Draft EIR will constitute the Final EIR. The scope assumes the response to comments can be completed without additional technical studies. Because the effort to prepare the Final EIR (Response to Comments on the Draft EIR) is not predict- able in advance, our budget assumes that 30 hours of Dyett & Bhatia time will be sufficient for this task. 6-B Presentation to the Decision-Makers. The EIR will be presented to the Planning Com- mission for recommendation for certification and to the City Council for certification. Two decision-maker meetings are assumed in our budget. 6-C Adopted Documents. Following adoption hearings, any specific changes made by the City Council to the ECR/Chestnut Plan, the General Plan, or the proposed zoning language will be made, and electronic copy provided to City staff. Products: Response to Comments/Final EIR Adopted ECR/Chestnut Area Plan, General Plan amendments, Zoning Ordinance changes Meetings: Planning Commission Hearing (one) City Council Hearing (one) 7 El Camino Real/Chestnut Plan Area EIR Update and Modifications Scope of Work Assumptions Our budget is based on the following assumptions: •  Meeting Attendance. The budget assumes atten- dance at meetings as shown in the Scope of Work (three decision-maker meetings/hearings, one EIR scoping meeting, and one community workshop). All meetings are assumed to be attended by Dyett & Bhatia, with sub-consultant attendance as noted or as required. Costs of additional meeting atten- dance would be on a time and materials basis if requested; such costs are not included within the guaranteed maximum fee. If City staff believes that additional decision-maker, or community meetings are needed, we recommend that these be included in the scope/budget. •  Final EIR Effort. Because the effort to prepare the Supplemental Final EIR (Response to Comments on the Draft EIR) is not predictable in advance, our budget assumes that 30 hours of Dyett & Bhatia time will be sufficient for this task. •  Consolidated Comments and Direction. City staff will provide a single set of consolidated comments on the review drafts of all documents. Unless oth- erwise specified in the Scope of Work each prod- uct will be finalized following one round of staff review; additional iterations and reviews will be considered additional service. •  Electronic Documents/Printing. We will provide digital files of documents in Word/InDesign and Adobe PDF formats, available by FTP/Dropbox or on CD. Files will be provided both in high-resolu- tion format for printing as well as low-resolution for posting on the City’s website. We will provide one hardcopy of all interim documents for staff review, if so desired. •  Visual Simulations. Our Scope of Work outlines two visual simulations, to be prepared as part of the EIR, focused on the Civic Center. We would need building massing in CAD/SketchUp from Group4 in order to complete the simulations. Additional simulations will be considered additional ser- vices. While land use designation changes will be reflected for the MSB site, no separate master plan- ning or massing studies will be done. •  Library/Civic Center Building Information. Group4 and/or City staff will provide us information on construction phasing, building materials/energy efficiency, etc. needed for GHG modeling; other- wise D&B will make default/standard assumptions and run these by City staff. 1 BUDGET The tables below show hours and budget by task by person and budget by task by person. The total pro- posed base budget is $162,130. With a 20% con- tingency, the total would be $194,556. This budget includes all costs, including direct costs. HOURS BY TASK Task 1Task 2Task 3Task 4Task 5Task 6 Start-Up and Review Recalibrated Land Use ECR/ Chestnut Plan/General Plan/Zoning Amendments Supplemental EIR Community workshop and consultant coordination meetings Public Review and Adoption Dyett & Bhatia Rajeev Bhatia, Principal 16 10 30402224142 Monica Szydlik, Senior Associate 16 30 96402416222 Katharine Pan, Associate 8165 632211 Shawn Yavari, Planner 12 130 24166 Angela Wang, Planner/Urban Designer 30 651610 GIS/Computer Mapping 4 16 4030 8 98 Graphic Designer 16 4 8 6 34 Project Assistant/Admin.4 32 8 5 49 Sub-Total 409825545778115922 Urban Field Studio Frank Fuller, Principal 6 10 8 6 30 Heidi Sokolowsky, Principal 16 30 6 52 Sub-Total 626 38 12 82 TOTAL HOURS 46124293457901151,004 BUDGET BY TASK Hourly Rate Dyett & Bhatia Rajeev Bhatia, Principal $220$3,520$2,200$6,600$8,800$4,840$5,280$31,240 Monica Szydlik, Senior Associate 1502,400 4,500 14,400 6,000 3,600 2,400 33,300 Katharine Pan, Associate 135w - 1,080 22,275 810 4,320 28,485 Shawn Yavari, Planner 110- 1,320 - 14,300 - 2,640 18,260 Angela Wang, Urban Designer 105- 3,150 6,825 1,680 1,050 - 12,705 GIS/Computer Mapping 105420 1,680 4,200 3,150 - 840 10,290 Graphic Designer 90- - 1,440 360 720 540 3,060 Project Assistant/Admin.85340 - - 2,720 680 425 4,165 Printing 400 120 120 640 Other Direct Cost 75 50 20 20 150 315 Sub-Total 6,755 12,850 34,995 59,425 11,840 16,595 142,460 Urban Field Studio Frank Fuller, Principal $2351,410 2,350 1,880 - 1,410 - 7,050 Heidi Sokolowsky, Principal 185- 2,960 5,550 - 1,110 - 9,620 Sub-Total 1,410 5,310 7,430 - 2,520 - 16,670 CSDA, Noise Consultants 3,000 3,000 TOTAL COSTS 8,165$ 18,160$ 42,425$ 62,425$ 14,360$ 16,595$ $162,130 Contingency (20%)32,426$ Total 194,556$ TOTAL Consulting Services Agreement between [Rev:2.13.2014] 7/20/2016 City of South San Francisco and Dyett & Bhatia Page 1 of 15 CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND Dyett & Bhatia THIS AGREEMENT for consulting services is made by and between the City of South San Francisco (“City”) and Dyett & Bhatia (“Consultant”) (together sometimes referred to as the “Parties”) as of 8/15/2016 (the “Effective Date”). Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A, attached hereto and incorporated herein, at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on 8/15/2017, the date of completion specified in Exhibit A, and Consultant shall complete the work described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as provided for in Section 8. 1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession. Consultant shall prepare all work products required by this Agreement in a substantial, first-class manner and shall conform to the standards of quality normally observed by a person practicing in Consultant's profession. 1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Sections 1.1 and 1.2 above and to satisfy Consultant’s obligations hereunder. Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $194,556, notwithstanding any contrary indications that may be contained in Consultant’s proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant’s proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to Consulting Services Agreement between [Rev:2.13.2014] 7/20/2016 City of South San Francisco and Dyett & Bhatia Page 2 of 15 City in the manner specified herein. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 2.1 Invoices. Consultant shall submit invoices, not more often than once per month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:  Serial identifications of progress bills (i.e., Progress Bill No. 1 for the first invoice, etc.);  The beginning and ending dates of the billing period;  A task summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;  At City’s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense;  The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder, as well as a separate notice when the total number of hours of work by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds nine hundred and twenty-four (924) hours, which shall include an estimate of the time necessary to complete the work described in Exhibit A;  The amount and purpose of actual expenditures for which reimbursement is sought;  The Consultant’s signature. 2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant. City shall have no obligation to pay invoices submitted ninety (90) days past the performance of work or incurrence of cost. 2.3 Final Payment. City shall pay the last ten percent (10%) of the total sum due pursuant to this Agreement within sixty (60) days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed. Consulting Services Agreement between [Rev:2.13.2014] 7/20/2016 City of South San Francisco and Dyett & Bhatia Page 3 of 15 2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment. 2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown in Exhibit A. 2.6 Reimbursable Expenses. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded. 2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor represents and warrants that Contractor is a resident of the State of California in accordance with California Revenue & Taxation Code Section 18662, as may be amended, and is exempt from withholding. Contractor accepts sole responsible for verifying the residency status of any subcontractors and withhold taxes from non-California subcontractors as required by law. 2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to that date. 2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve Consulting Services Agreement between [Rev:2.13.2014] 7/20/2016 City of South San Francisco and Dyett & Bhatia Page 4 of 15 incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities. Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall provide Certificates of Insurance, attached hereto and incorporated herein as Exhibit B, indicating that Consultant has obtained or currently maintains insurance that meets the requirements of this section and under forms of insurance satisfactory, in all respects, to the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s). 4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000) per accident. In the alternative, Consultant may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator (as defined in Section 10.9). The insurer, if insurance is provided, or the Consultant, if a program of self- insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement. 4.2 Commercial General and Automobile Liability Insurance. 4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting there from, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non- owned automobiles. Consulting Services Agreement between [Rev:2.13.2014] 7/20/2016 City of South San Francisco and Dyett & Bhatia Page 5 of 15 4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 or GL 0002 (most recent editions) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 8 and 9. No endorsement shall be attached limiting the coverage. 4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy: a. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. b. Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers. 4.3 Professional Liability Insurance. 4.3.1 General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals, as applicable performing work pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions. Any deductible or self-insured retention shall not exceed ONE HUNDRED FIFTY THOUSAND DOLLARS $150,000 per claim. 4.3.2 Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form: a. The retroactive date of the policy must be shown and must be before the date of the Agreement. b. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of the Agreement or the work, so long as commercially available at reasonable rates. c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant must provide extended reporting coverage for a minimum of three (3) years after completion of the Agreement or the work. The City shall have the right to exercise, at the Consultant’s sole cost and expense, any extended reporting provisions of the policy, if the Consultant cancels or does not renew the coverage. Consulting Services Agreement between [Rev:2.13.2014] 7/20/2016 City of South San Francisco and Dyett & Bhatia Page 6 of 15 d. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement. 4.4 All Policies Requirements. 4.4.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. 4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Consultant shall furnish City with complete copies of all policies delivered to Consultant by the insurer, including complete copies of all endorsements attached to those policies. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Consultant beginning work, it shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time. 4.4.3 Notice of Reduction in or Cancellation of Coverage. A certified endorsement shall be attached to all insurance obtained pursuant to this Agreement stating that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. In the event that any coverage required by this section is reduced, limited, cancelled, or materially affected in any other manner, Consultant shall provide written notice to City at Consultant’s earliest possible opportunity and in no case later than ten (10) working days after Consultant is notified of the change in coverage. 4.4.4 Additional insured; primary insurance. City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Consultant, including the insured’s general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by the Consultant in the course of providing services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers. A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that no insurance or self-insurance maintained by the City shall be called upon to contribute to a loss under the coverage. Consulting Services Agreement between [Rev:2.13.2014] 7/20/2016 City of South San Francisco and Dyett & Bhatia Page 7 of 15 4.4.5 Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. Further, if the Consultant’s insurance policy includes a self-insured retention that must be paid by a named insured as a precondition of the insurer’s liability, or which has the effect of providing that payments of the self-insured retention by others, including additional insureds or insurers do not serve to satisfy the self- insured retention, such provisions must be modified by special endorsement so as to not apply to the additional insured coverage required by this agreement so as to not prevent any of the parties to this agreement from satisfying or paying the self- insured retention required to be paid as a precondition to the insurer’s liability. Additionally, the certificates of insurance must note whether the policy does or does not include any self-insured retention and also must disclose the deductible. During the period covered by this Agreement, only upon the prior express written authorization of Contract Administrator, Consultant may increase such deductibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Consultant procure a bond, guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them. 4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 4.4.7 Wasting Policy. No insurance policy required by Section 4 shall include a “wasting” policy limit. 4.4.8 Variation. The City may approve a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that the City’s interests are otherwise fully protected. 4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; Consulting Services Agreement between [Rev:2.13.2014] 7/20/2016 City of South San Francisco and Dyett & Bhatia Page 8 of 15 b. Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or c. Terminate this Agreement. Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES. Consultant shall indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the gross negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Section 6. STATUS OF CONSULTANT. 6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Consulting Services Agreement between [Rev:2.13.2014] 7/20/2016 City of South San Francisco and Dyett & Bhatia Page 9 of 15 Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. 6.2 Consultant No Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent or to bind City to any obligation whatsoever. Section 7. LEGAL REQUIREMENTS. 7.1 Governing Law. The laws of the State of California shall govern this Agreement. 7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. 7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals, including from City, of what-so-ever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. 7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby. Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. Consulting Services Agreement between [Rev:2.13.2014] 7/20/2016 City of South San Francisco and Dyett & Bhatia Page 10 of 15 Section 8. TERMINATION AND MODIFICATION. 8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. Consultant may cancel this Agreement for cause upon 30 days’ written notice to City and shall include in such notice the reasons for cancellation. In the event of termination, Consultant shall be entitled to compensation for services performed to the date of notice of termination; City, however, may condition payment of such compensation upon Consultant delivering to City all materials described in Section 9.1. 8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period. 8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties. 8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not assign or subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator. 8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement. 8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following: Consulting Services Agreement between [Rev:2.13.2014] 7/20/2016 City of South San Francisco and Dyett & Bhatia Page 11 of 15 8.6.1 Immediately terminate the Agreement; 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; 8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or 8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work. Section 9. KEEPING AND STATUS OF RECORDS. 9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties unless required by law. 9.2 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. 9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement. Consulting Services Agreement between [Rev:2.13.2014] 7/20/2016 City of South San Francisco and Dyett & Bhatia Page 12 of 15 9.4 Records Submitted in Response to an Invitation to Bid or Request for Proposals. All responses to a Request for Proposals (RFP) or invitation to bid issued by the City become the exclusive property of the City. At such time as the City selects a bid, all proposals received become a matter of public record, and shall be regarded as public records, with the exception of those elements in each proposal that are defined by Consultant and plainly marked as “Confidential,” "Business Secret" or “Trade Secret." The City shall not be liable or in any way responsible for the disclosure of any such proposal or portions thereof, if Consultant has not plainly marked it as a "Trade Secret" or "Business Secret," or if disclosure is required under the Public Records Act. Although the California Public Records Act recognizes that certain confidential trade secret information may be protected from disclosure, the City may not be in a position to establish that the information that a prospective bidder submits is a trade secret. If a request is made for information marked "Trade Secret" or "Business Secret," and the requester takes legal action seeking release of the materials it believes does not constitute trade secret information, by submitting a proposal, Consultant agrees to indemnify, defend and hold harmless the City, its agents and employees, from any judgment, fines, penalties, and award of attorneys fees awarded against the City in favor of the party requesting the information, and any and all costs connected with that defense. This obligation to indemnify survives the City's award of the contract. Consultant agrees that this indemnification survives as long as the trade secret information is in the City's possession, which includes a minimum retention period for such documents. Section 10 MISCELLANEOUS PROVISIONS. 10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including arbitration or an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County San Mateo or in the United States District Court for the Northern District of California. 10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. Consulting Services Agreement between [Rev:2.13.2014] 7/20/2016 City of South San Francisco and Dyett & Bhatia Page 13 of 15 10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties. 10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. 10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq. Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve (12) months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code §1090 et.seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California. 10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials. 10.9 Contract Administration. This Agreement shall be administered by Sailesh Mehra, Planning Manager ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee. 10.10 Notices. All notices and other communications which are required or may be given under this Agreement shall be in writing and shall be deemed to have been duly given (i) when received if personally delivered; (ii) when received if transmitted by telecopy, if received during normal business hours on a business day (or if not, the next business day after delivery) provided that such facsimile is legible and that at the time such facsimile is sent the sending Party receives written confirmation of receipt; (iii) if sent for next day delivery Consulting Services Agreement between [Rev:2.13.2014] 7/20/2016 City of South San Francisco and Dyett & Bhatia Page 14 of 15 to a domestic address by recognized overnight delivery service (e.g., Federal Express); and (iv) upon receipt, if sent by certified or registered mail, return receipt requested. In each case notice shall be sent to the respective Parties as follows: Consultant Dyett & Bhatia 755 Sansome St, Suite 400 San Francisco, CA 94111 Attn: Rajeev Bhatia City: City Clerk City of South San Francisco 400 Grand Avenue South San Francisco, CA 94080 10.11 Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example. Seal and Signature of Registered Professional with report/design responsibility. 10.12 Integration. This Agreement, including all Exhibits attached hereto, and incorporated herein, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral pertaining to the matters herein. 10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. 10.14 Construction. The headings in this Agreement are for the purpose of reference only and shall not limit or otherwise affect any of the terms of this Agreement. The parties have had an equal opportunity to participate in the drafting of this Agreement; therefore any construction as against the drafting party shall not apply to this Agreement. The Parties have executed this Agreement as of the Effective Date. CITY OF SOUTH SAN FRANCISCO Consultants Consulting Services Agreement between [Rev:2.13.2014] 7/20/2016 City of South San Francisco and Dyett & Bhatia Page 15 of 15 ____________________________ _____________________________________ City Manager NAME: TITLE: Attest: _____________________________ Krista Martinelli, City Clerk Approved as to Form: ____________________________ City Attorney 2051688.4 Consulting Services Agreement between DATE City of South San Francisco and ____________ - Exhibit A Page 1 of 1 EXHIBIT A SCOPE OF SERVICES Consulting Services Agreement between DATE City of South San Francisco and____________ -Exhibit B Page 1 of 1 EXHIBIT B INSURANCE CERTIFICATES City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:16-688,Version:1 ResolutionauthorizingtheCityManagertoexecuteaConsultingServicesAgreementwithDyett&Bhatiaof SanFrancisco,California,inanamountnottoexceed$194,556forenvironmentalanalysisandmasterplanning revisions to the El Camino Real/Chestnut Avenue Area Plan. WHEREAS,theCityofSouthSanFrancisco(“City”)hasacquiredpropertywithintheElCamino Real/Chestnut Avenue Area Plan (“Area Plan”); and WHEREAS,theCitynowhasdedicatedfundingforimprovementstopublicandsafetyfacilitiesthroughthe passage of the Measure W half percent sales tax; and WHEREAS,theacquisitionoflandandfundinghasprovidedtheCityanopportunitytoinvestigatenew development scenarios within the Area Plan that would permit new safety and public service facilities; and WHEREAS,thisupdatedmasterplanningeffortandassociatedenvironmentalreview(“Project”)willprovidea template for future development of City operated facilities; and WHEREAS,onJune28,2016,theCityissuedaRequestforProposalsfortheProjecttothePlanning Division’s on-call Planning and Environmental Review consultant list; and WHEREAS;onJuly8,2016,theCityreceivedone(1)proposalfromtheconsultingfirmDyettandBhatia; and WHEREAS;afterreviewingtheproposal,staffdeterminedthatDyett&Bhatiawaswell-qualifiedbasedon their project understanding, qualifications and expertise, interview, and experience; and WHEREAS,fundingfortheConsultingServicesAgreementwithDyett&BhatiaisincludedintheCity’s2016 -2017 Capital Improvement Program. NOW,THEREFORE,BEITRESOLVEDbytheCityCounciloftheCityofSouthSanFranciscothattheCity CouncilherebyapprovestheconsultingservicesagreementfortheEnvironmentalAnalysisandMaster PlanningRevisionstotheElCaminoReal/ChestnutAvenueAreaPlanwithDyett&BhatiaofSanFrancisco, California,inanamountnottoexceed$194,556.00conditionedonDyett&Bhatia’stimelyexecutionofthe projectcontractandsubmissionofallrequireddocuments,including,butnotlimitedto,certificatesof insurance and endorsements, in accordance with the contract requirements. BEITFURTHERRESOLVEDthattheCityCounciloftheCityofSouthSanFranciscoauthorizestheFinance City of South San Francisco Printed on 8/18/2016Page 1 of 2 powered by Legistar™ File #:16-688,Version:1 Department to establish the project budget consistent with the information contained in the staff report. BEITFURTHERRESOLVEDthattheCityCouncilherebyauthorizestheCityManagertoexecutethe ConsultingServicesAgreementonbehalfoftheCityupontimelysubmissionbyDyett&Bhatia’ssigned contract and all other documents, subject to approval as to form by the City Attorney. ******* City of South San Francisco Printed on 8/18/2016Page 2 of 2 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:16-721,Version:1 Motion to approve the minutes from the meeting of August 10, 2016. City of South San Francisco Printed on 8/18/2016Page 1 of 1 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:16-707,Version:1 Motion confirming payment registers for August 24, 2016. (Richard Lee, Finance Director) Thepaymentsshownintheattachedpaymentregisterareaccurateandsufficientfundswereavailablefor payment (payroll items excluded). Attachment: Payment Register City of South San Francisco Printed on 8/18/2016Page 1 of 1 powered by Legistar™ Payment Listing by Department for City Council Review Payments issued between and7/28/2016 8/10/2016 VENDOR NAMEDATE CHECK #INVOICE #ACCOUNT #AMOUNT DESCRIPTION CITY ATTORNEY MEYERS, NAVE, RIBACK 7/29/2016 2520032016060122 E 100-04110-5003 54,856.35 CITY ATTNY FEES JUNE'16 405-001 SF BAY CONSERVATION & DVLPMNT 8/1/2016 2440221308/01/2016 E 100-04110-5080 100,000.00 LEGAL FEES 8/1/2016 2440379808/01/2016-a E 100-04110-5080 5,000.00 LEGAL FEES Payments issued for CITY ATTORNEY $159,856.35 CITY CLERK AMAZON.COM 8/5/2016 252223CC330394 E 100-02110-5022 11.40 GB-REFERENCE GUIDE-THE ART OF TAKING MINU CORODATA RECORDS MANAGEMENT IN8/5/2016 252163RS2813309 E 100-02110-5001 577.60 RECORD STORAGE FEES DAILY JOURNAL CORPORATION 8/5/2016 252166B2877345 E 100-02110-5024 78.00 ORD SUMMARY PUBLICATION 300 MILLER ROTA 8/5/2016 252166B2877819 E 100-02110-5024 81.00 ORD SUMMARY PUBLICATION CHAPTER 8.67 PAR 8/5/2016 252166B2877848 E 100-02110-5024 76.00 ORD SUMMARY PUBLICATION CHAPTER 19.24 Q 8/5/2016 252166B2880792 E 100-02110-5024 61.00 NOTICE OF PUBLIC HEARING PUBLICATION 475 E 8/5/2016 252166B2903314 E 100-02110-5024 67.00 NOTICE OF PUBLIC HEARING PUBLICATION 475 E GRANICUS, INC. 8/5/2016 25218078708 E 100-02110-5001 145.16 MONTHLY BILLING FOR LEGISTAR LASERFICHE SE OFFICE DEPOT INC 8/5/2016 252203852402673001 E 100-02110-5020 31.35 OFFICE SUPPLIES QUALITY CODE PUBLISHING 8/5/2016 2522112016-244 E 100-02110-5025 1,397.29 SSFMC SUPPLEMENT 51 ORD. 1520-2016 STATE OF CALIFORNIA 7/29/2016 252019167492 E 100-02110-5037 32.00 LIVESCAN FINGERPRINT MAY 2016 VERIZON WIRELESS 8/10/2016 2523169768847833 E 100-02110-5071 129.81 CITYWIDE IPHONES & IPADS Payments issued for CITY CLERK $2,687.61 CITY COUNCIL MAYOR INNOVATION PROJECT 8/5/2016 252223CC330049 E 100-01110-5032 250.00 DM - MAYOR INNOVATION PROJECT CONFERENC OFFICE DEPOT INC 8/5/2016 252203852402673001 E 100-01110-5020 14.11 OFFICE SUPPLIES VERIZON WIRELESS 8/10/2016 2523169768847833 E 100-01110-5071 421.17 CITYWIDE IPHONES & IPADS Payments issued for CITY COUNCIL $685.28 CITY MANAGER 15FIVE 8/5/2016 252223cc330140 E 100-05110-5021 35.40 CM - OPERATING SUPPLIES CANVA.COM 8/5/2016 252223cc330288 E 100-05110-5024 20.95 LA - COMMUNITY/BUSINESS OUTREACH CDW GOVERNMENT LLC 8/3/2016 252049DRM8173 E 100-05110-5045 742.24 MS PROJECT 2016 LICENSES - CITY MGR OFFICE Thursday, August 11, 2016 Page 1 of 30 VENDOR NAMEDATE CHECK #INVOICE #ACCOUNT #AMOUNT DESCRIPTION Payments issued between and7/28/2016 8/10/2016 -City of South San Francisco CITY MANAGER CONSTANT CONTACT, INC. 8/5/2016 252223cc330277 E 100-05110-5021 115.00 LA - COMMUNITY/BUSINESS OUTREACH 8/5/2016 252223cc330324 E 100-05110-5021 115.00 LA - COMMUNITY/BUSINESS OUTREACH FRIENDS OF PARKS & RECREATION 8/5/2016 2521769/10/16 E 100-05110-5030 35.00 CHILI COOKOFF EVENT - CM + TEAM FEE ICMA ONLINE 8/5/2016 252223CC330147 E 100-05110-5032 720.00 CM - ICMA 102ND ANNUAL CONFERENCE MIKE FUTRELL 8/5/2016 2521776/14/16-8/1/16 E 100-05110-5031 69.21 CM EXPENSE REIMBURSEMENT NATIONAL LEAGUE OF CITIES 8/5/2016 252223CC330144 E 100-05110-5032 545.00 CM - NATIONAL LEAGUE OF CITIES CITY SUMMMI OFFICE DEPOT INC 8/5/2016 252203852402673001 E 100-05110-5020 9.40 OFFICE SUPPLIES PARTNERS IN COMMUNICATION LLC 8/3/2016 252111207994 E 101-05101-5999 207.28 MEASURE W TOWN HALL - SPEECH TRANSLATIO PAYPAL-DVBSR, LLC 8/5/2016 252223cc330322 E 100-05110-5032 695.00 LA - 3CMA ANNUAL CONFERENCE POSTMASTER- LINDEN OFFICE 8/3/2016 252115PERMIT #138 E 100-05110-5027 3,917.00 CITY NEWSLETTER POSTAGE SPROUT SOCIAL 8/5/2016 252223cc330272 E 100-05110-5021 118.00 LA - COMMUNICATIONS OPERATING SUPPLIES VERIZON WIRELESS 8/10/2016 2523169768847833 E 100-05110-5071 803.06 CITYWIDE IPHONES & IPADS Payments issued for CITY MANAGER $8,147.54 ECONOMIC & COMMUNITY DEVELOPMENT ALEX GREENWOOD 8/10/2016 252265June 2016 Bio E 100-10110-5032 19.71 2016 BIO CONFERENCE PRE MEETING-STMT OF E ALLISON KNAPP WOLLAM 8/5/2016 2521863 E 270-10414-5005 1,031.25 475 ECCLES AVE: CONSULTING SERVICES 8/5/2016 2521865 E 270-10414-5005 2,805.00 P15-0070: 550 GATEWAY HOTEL CEQA ANALYSIS 8/10/2016 25227118 E 270-10413-5005 6,228.75 CONSULTING SVCS 6/11-7/22/16 CENTENNIAL T AT&T 8/10/2016 2522396508292461476 E 100-10520-5021 103.20 BUILDING DIVISION DSL LINE - ANNEX BAY POINTE BALLET 8/5/2016 252157P13-0068 R 100-10410-35103 -100.00 CITY ATTORNEY REIMBURSEMENT - 271-275 WA 8/5/2016 252157P13-0068 E 270-10415-5035 2,000.00 CITY ATTORNEY REIMBURSEMENT - 271-275 WA BC CONSOLIDATED HOLDINGS LLC 8/5/2016 252158P15-0076 R 100-10410-35103 -100.00 CITY ATTORNEY REIMBURSEMENT - 1405 HUNTI BILLY HUSTACE PHOTOGRAPHY 8/10/2016 252240062316_ssf E 100-10110-5030 667.97 PHOTOGRAPHY SERVICES FOR CITY OF SSF-ECD BISNOW 8/5/2016 252223cc330146 E 100-10410-5033 74.00 AG-SF PENINSULA BOOM SEMINAR-GREENWOO 8/5/2016 252223cc330146 E 100-10110-5033 148.00 AG-SF PENINSULA BOOM SEMINAR-GREENWOO CAFE 382 8/5/2016 252223cc330034 E 100-10110-5031 40.63 AG-INSURANCE BROKER MEETING CAREY LIMOUSINE, SF, INC. 8/5/2016 252160P13-0004 R 100-10410-35103 -100.00 CITY ATTORNEY REIMBURSEMENT - 405 VICTORY 8/5/2016 252160P13-0004 E 270-10415-5035 2,000.00 CITY ATTORNEY REIMBURSEMENT - 405 VICTORY CDW GOVERNMENT LLC 8/5/2016 252161DTB0534 E 100-10110-5045 118.76 ADOBE SOFTWARE LICENSES - ECD CSG CONSULTANTS INC 8/10/2016 2522568047 E 100-10520-5005 2,975.00 BUILDING INSPECTION SERVICES (GENENTECH 20 8/10/2016 2522568048 E 100-10520-5005 1,275.00 BUILDING INSPECTION SERVICES (GENENTECH 20 Thursday, August 11, 2016 Page 2 of 30 VENDOR NAMEDATE CHECK #INVOICE #ACCOUNT #AMOUNT DESCRIPTION Payments issued between and7/28/2016 8/10/2016 -City of South San Francisco ECONOMIC & COMMUNITY DEVELOPMENT DAILY JOURNAL CORPORATION 8/5/2016 252166B2906433 E 100-10410-5024 89.00 NOTICE OF PUBLIC HEARING 8/4/16 PLANNING C 8/5/2016 252166B2906483 E 100-10410-5024 55.00 8/4/16 PLANNING COMMISSION PUBLIC HEARIN DAVE THEISEN 8/10/2016 252308B15-1009 R 100-10520-32101 206.25 PERMIT REFUND 141 KNOLL CIRCLE 8/10/2016 252308B15-1009 R 100-10520-32111 1.00 PERMIT REFUND 141 KNOLL CIRCLE 8/10/2016 252308B15-1009 R 100-10520-32110 24.41 PERMIT REFUND 141 KNOLL CIRCLE 8/10/2016 252308B15-1009 R 100-10520-32105 134.06 PERMIT REFUND 141 KNOLL CIRCLE 8/10/2016 252308B15-1009 R 100-10520-35104 10.31 PERMIT REFUND 141 KNOLL CIRCLE FEDEX 8/5/2016 2521725-481-18145 E 100-10410-5020 97.66 JUNE DRB PACKET DELIVERY GLOBAL WASTE MANAGEMENT 8/5/2016 252179P10-0018 E 270-10415-5035 2,000.00 CITY ATTORNEY REIMBURSEMENT - 214 SHAW R 8/5/2016 252179P10-0018 R 100-10410-35103 -100.00 CITY ATTORNEY REIMBURSEMENT - 214 SHAW R HEALTH MOBILE 7/29/2016 2519955248 E 222-10350-5063 9,250.00 FY 15-16 CDBG GRANT AGREEMENT - HEALTH M INTERSECTION MEDIA LLC 8/5/2016 252182215759 E 100-10110-5024 13,762.00 2016 BIO ADVERTISING AT SFO BART STATION KEN YEE 8/5/2016 252231P13-0038 E 270-10415-5035 2,000.00 CITY ATTORNEY REIMBURSEMENT - 950 LINDEN 8/5/2016 252231P13-0038 R 100-10410-35103 -100.00 CITY ATTORNEY REIMBURSEMENT - 950 LINDEN MARA CONSTRUCTION 8/10/2016 252275B16-1094 R 100-10520-32101 394.56 REIMBURSEMENT OF CANCELLED PERMIT 623 C 8/10/2016 252275B16-1094 R 100-10520-32107 64.00 REIMBURSEMENT OF CANCELLED PERMIT 623 C 8/10/2016 252275B16-1094 R 100-10520-32108 30.00 REIMBURSEMENT OF CANCELLED PERMIT 623 C 8/10/2016 252275B16-1094 R 100-10520-32106 110.50 REIMBURSEMENT OF CANCELLED PERMIT 623 C MARK I. MOORE 8/5/2016 252199P13-0033 E 270-10415-5035 2,000.00 CITY ATTORNEY REIMBURSEMENT - 1387 LOWRI 8/5/2016 252199P13-0033 R 100-10410-35103 -100.00 CITY ATTORNEY REIMBURSEMENT - 1387 LOWRI MEYERS, NAVE, RIBACK 7/29/2016 2520032016060124 E 270-10415-5003 995.00 LEGAL SERVICES REIMB JUN'2016: 405.1092 7/29/2016 2520032016060125 E 270-10414-5003 110.00 LEGAL SERVICES REIMB JUN'2016: 405.1200 7/29/2016 2520032016060126 E 270-10415-5003 2,903.00 LEGAL SERVICES REIMB JUN'2016: 405.1223 7/29/2016 2520032016060128 E 270-10415-5003 707.50 LEGAL SERVICES REIMB JUN'2016: 405.1235 7/29/2016 2520032016060129 E 270-10415-5003 607.00 LEGAL SERVICES REIMB JUN'2016: 405.1243 7/29/2016 2520032016060130 E 270-10415-5003 55.00 LEGAL SERVICES REIMB JUN'2016: 405.1251 7/29/2016 2520032016060131 E 270-10415-5003 24.00 LEGAL SERVICES REIMB JUN'2016: 405.1253 8/5/2016 2521942016060141 E 270-10414-5003 660.00 CITY ATTNY FEES JUN'16 - 40599010 MILLARD TONG CONSTRUCTION, CO.8/5/2016 252195P12-0029 R 100-10410-35103 -100.00 CITY ATTORNEY REIMBURSEMENT - 410 NOOR A 8/5/2016 252195P12-0029 E 270-10415-5035 2,000.00 CITY ATTORNEY REIMBURSEMENT - 410 NOOR A MODUS INC 8/5/2016 252197P11-0095 E 270-10415-5035 2,000.00 CITY ATTORNEY REIMBURSEMENT - 475 ECCLES - 8/5/2016 252197P11-0095 R 100-10410-35103 -100.00 CITY ATTORNEY REIMBURSEMENT - 475 ECCLES - Thursday, August 11, 2016 Page 3 of 30 VENDOR NAMEDATE CHECK #INVOICE #ACCOUNT #AMOUNT DESCRIPTION Payments issued between and7/28/2016 8/10/2016 -City of South San Francisco ECONOMIC & COMMUNITY DEVELOPMENT OFFICE DEPOT INC 8/5/2016 252203852402673001 E 100-10110-5020 31.35 OFFICE SUPPLIES OVERLAND CONTRACTING INC. 8/10/2016 252281P11-0081 E 270-10415-5035 2,000.00 CITY ATTORNEY REIMBURSEMENT - E. GRAND & 8/10/2016 252281P11-0081 R 100-10410-35103 -100.00 CITY ATTORNEY REIMBURSEMENT - E. GRAND & 8/10/2016 252281P11-0082 R 100-10410-35103 -100.00 CITY ATTORNEY REIMBURSEMENT - 161 RANDOL 8/10/2016 252281P11-0082 E 270-10415-5035 2,000.00 CITY ATTORNEY REIMBURSEMENT - 161 RANDOL 8/10/2016 252281P11-0098 R 100-10410-35103 -100.00 CITY ATTORNEY REIMBURSEMENT - 320 SHAW R 8/10/2016 252281P11-0098 E 270-10415-5035 2,000.00 CITY ATTORNEY REIMBURSEMENT - 320 SHAW R 8/10/2016 252281P11-0100 R 100-10410-35103 -100.00 CITY ATTORNEY REIMBURSEMENT - 129 SOUTH 8/10/2016 252281P11-0100 E 270-10415-5035 2,000.00 CITY ATTORNEY REIMBURSEMENT - 129 SOUTH 8/10/2016 252281P12-0084 E 270-10415-5035 2,000.00 CITY ATTORNEY REIMBURSEMENT - 488 GRANDV 8/10/2016 252281P12-0084 R 100-10410-35103 -100.00 CITY ATTORNEY REIMBURSEMENT - 488 GRANDV 8/10/2016 252281P14-0094 E 270-10415-5035 2,000.00 CITY ATTORNEY REIMBURSEMENT - 248 SO. AIRP 8/10/2016 252281P14-0094 R 100-10410-35103 -100.00 CITY ATTORNEY REIMBURSEMENT - 248 SO. AIRP PS BUSINESS PARK LP 8/5/2016 252210P11-0001 E 270-10415-5035 2,000.00 CITY ATTORNEY REIMBURSEMENT - 160 S SPRUC 8/5/2016 252210P11-0001 R 100-10410-35103 -100.00 CITY ATTORNEY REIMBURSEMENT - 160 S SPRUC RICK PARRAS 8/5/2016 252206P12-0117 E 270-10415-5035 2,000.00 CITY ATTORNEY REIMBURSEMENT - 481 GRAND 8/5/2016 252206P12-0117 R 100-10410-35103 -100.00 CITY ATTORNEY REIMBURSEMENT - 481 GRAND RON GERBER 7/29/2016 2519907/13/16 E 100-10110-5031 14.58 STMT OF EXP-MILEAGE REIMB RON GERBER SEAN POUNDER 8/5/2016 252209June-July2016 E 100-10110-4002 1,350.00 ECD SUMMER INTERN SHOE DEPOT INC 8/10/2016 252295113331/0965 E 100-10520-5034 192.25 WORK BOOTS FOR BUILDING INSPECTOR PENCE SPECIALTY'S CAFE & BAKERY 8/5/2016 252223CC330148 E 100-10110-5031 321.75 AG-OYSTER POINT MEETING/BREAKFAST & LUNC STEVE SMITH 8/5/2016 252218P14-0035 R 100-10410-35103 -100.00 CITY ATTORNEY REIMBURSEMENT - 267 EAST HA 8/5/2016 252218P14-0035 E 270-10415-5035 2,000.00 CITY ATTORNEY REIMBURSEMENT - 267 EAST HA TIM ROSE 8/5/2016 252214P14-0055 E 270-10415-5035 2,000.00 CITY ATTORNEY REIMBURSEMENT - 1 SO LINDEN 8/5/2016 252214P14-0055 R 100-10410-35103 -100.00 CITY ATTORNEY REIMBURSEMENT - 1 SO LINDEN T-MOBILE USA INC 8/5/2016 252221P09-0090 R 100-10410-35103 -100.00 CITY ATTORNEY REIMBURSEMENT - 161 RANDOL 8/5/2016 252221P09-0090 E 270-10415-5035 2,000.00 CITY ATTORNEY REIMBURSEMENT - 161 RANDOL VERIZON WIRELESS 8/10/2016 2523169768847833 E 100-10110-5071 163.65 CITYWIDE IPHONES & IPADS 8/10/2016 2523169768847833 E 100-10410-5071 266.07 CITYWIDE IPHONES & IPADS 8/10/2016 2523169768847833 E 100-10411-5071 266.07 CITYWIDE IPHONES & IPADS 8/10/2016 2523169768847833 E 100-10520-5071 906.44 CITYWIDE IPHONES & IPADS 8/10/2016 2523169768847833 E 100-10115-5071 76.02 CITYWIDE IPHONES & IPADS Thursday, August 11, 2016 Page 4 of 30 VENDOR NAMEDATE CHECK #INVOICE #ACCOUNT #AMOUNT DESCRIPTION Payments issued between and7/28/2016 8/10/2016 -City of South San Francisco ECONOMIC & COMMUNITY DEVELOPMENT VINCENT & LISA FOBBS 8/5/2016 252175P14-0091 R 100-10410-35103 -100.00 CITY ATTORNEY REIMBURSEMENT - 214 E HARRIS 8/5/2016 252175P14-0091 E 270-10415-5035 2,000.00 CITY ATTORNEY REIMBURSEMENT - 214 E HARRIS WEISER MANZANO 7/29/2016 2520007/13/16 E 222-10310-5031 21.76 STMT OF EXP-WM MILEAGE REIMB YATISH S. & USHA K. MAHARAJ 8/5/2016 252190P11-0050 R 100-10410-35103 -100.00 CITY ATTORNEY REIMBURSEMENT - 455 BADEN A 8/5/2016 252190P11-0050 E 270-10415-5035 2,000.00 CITY ATTORNEY REIMBURSEMENT - 455 BADEN A YVONNE POON 7/29/2016 2520096/17-6/29/16 E 100-10110-5031 6.37 STMT OF EXP-MILEAGE REIMB FOR YVONNE POO Payments issued for ECONOMIC & COMMUNITY DEVELOPMENT $87,293.83 FINANCE OFFICE DEPOT INC 7/29/2016 252004851064052001 E 100-06210-5020 161.47 OFFICE SUPPLIES - 851064052001 8/5/2016 252203852402673001 E 100-06110-5020 15.67 OFFICE SUPPLIES 8/5/2016 252203852402673001 E 100-06210-5020 77.52 OFFICE SUPPLIES 8/5/2016 252203853329378001 E 100-06210-5020 66.39 OFFICE SUPPLIES VERIZON WIRELESS 8/10/2016 2523169768847833 E 100-06110-5071 93.40 CITYWIDE IPHONES & IPADS Payments issued for FINANCE $414.45 FIRE AMERICAN COUNCIL 8/10/2016 252310cc330576 E 100-11720-5033 220.00 JM - STAFF DEVELOPMENT ARAMARK UNIFORM SERVICES 7/29/2016 251982757496528 E 100-11710-5001 51.00 CONTRACTUAL SERVICES ARROW INTERNATIONAL 7/29/2016 25198394062527 E 100-11610-5021 1,215.45 EMS SUPPLIES BEST BUY 8/10/2016 252310cc333503 E 100-11720-5021 43.59 AR - OPERATING SUPPLIES BOB JR'S TOWING INC 8/10/2016 252310CC330500 E 100-11740-5021 65.00 AR- JUNIOR FIRE ACADEMY CHEF'S WAREHOUSE 7/29/2016 251984SSFFD413 E 100-11730-5020 49.72 STATION 61 SUPPLIES 7/29/2016 251984SSFFD727 E 100-11110-5021 90.95 FIRE ADMIN SUPPLIES 7/29/2016 251984SSFFD76 E 100-11730-5020 75.15 STATION 63 SUPPLIES 8/10/2016 252310cc330517 E 100-11730-5020 60.44 JB - STATION 65 SUPPLIES 8/10/2016 252310cc330521 E 100-11730-5020 206.64 BA- STATION 64 SUPPLIES 8/10/2016 252310cc330522 E 100-11730-5020 313.44 BA - STATION 63 SUPPLIES 8/10/2016 252310cc330523 E 100-11730-5020 202.21 BA - STATION 62 SUPPLIES COACHING SYSTEMS 8/10/2016 252310cc330605 E 100-11611-5021 175.00 RW - OPERATING SUPPLIES COMCAST CABLE COMMUNICATION IN8/3/2016 2520588155 20 044 0475707 E 100-11720-5045 111.27 HIGH SPEED INTERNET - FS65 8/3/2016 2520588155 20 044 0475715 E 100-11720-5045 111.27 HIGH SPEED INTERNET - FS62 Thursday, August 11, 2016 Page 5 of 30 VENDOR NAMEDATE CHECK #INVOICE #ACCOUNT #AMOUNT DESCRIPTION Payments issued between and7/28/2016 8/10/2016 -City of South San Francisco FIRE COMCAST CABLE COMMUNICATION IN8/3/2016 2520588155 20 044 0475723 E 100-11720-5045 111.27 HIGH SPEED INTERNET - FS64 COSTCO BUSINESS DELIVERY 8/10/2016 252310cc330513 E 100-11710-5021 2,189.96 BW - OPERATING SUPPLIES 8/10/2016 252310cc330515 E 100-11710-5021 306.55 JB - SUPPRESSION SUPPLIES COUNTY OF SAN MATEO 8/10/2016 2522541YSS21606 E 100-11610-5021 947.25 RADIO TRUNK SYSTEM DELL MARKETING L P 8/3/2016 252145CC330009 E 100-11720-5045 153.29 DC-DELL AC ADAPTER - FIRE ELLIOT HENDERSON, PHD 8/10/2016 252268072416 E 100-11110-5036 325.00 BACKGROUND CHECK FEDEX 7/29/2016 2519885-474-12127 E 100-11110-5027 135.76 POSTAGE 7/29/2016 2519885-481-25608 E 100-11110-5027 79.29 POSTAGE FIRE ENGINEERING 8/10/2016 252310cc330615 E 100-11720-5022 67.00 BS - BOOKS FIREFIGHTERS BOOKSTORE, INC. 8/10/2016 252310cc330608 E 100-11720-5022 466.27 BS - BOOKS FIREHOUSE 8/10/2016 252310cc330617 E 100-11720-5022 43.75 BS - BOOKS FLYERS 8/10/2016 252310cc330501 E 100-11740-5021 47.88 AR- JUNIOR FIRE ACADEMY SUPPLIES GALLIS' SANITARY BAKERY 8/5/2016 25217802249 E 100-11110-5036 14.29 RECRUITMENT REFRESHMENTS 8/10/2016 252310cc330529 E 100-11110-5036 17.10 BA - REFRESHMENTS HEADSETS.COM 7/29/2016 2519942720881 E 100-11110-5021 359.65 FIRE ADMIN OPERATING SUPPLIES IAFC- INTL ASSOC OF FIRE CHIEF8/10/2016 252310cc330596 E 100-11610-5033 279.00 RW- STAFF DEVELOPMENT INTER-CITY CLEANERS 8/10/2016 252310cc330590 E 100-11110-5034 10.55 JM - LAUNDRY SERVICES ITUNES STORE 7/29/2016 252023cc329864 E 100-11210-5021 2.99 OPERATING SUPPLIES K-119 OF CALIFORNIA 7/29/2016 25199765684 E 100-11710-5021 103.70 SUPPRESSION SUPPLIES 8/10/2016 25227065685 E 100-11730-5020 38.27 STATION 61 SUPPLIES LEXISNEXIS 7/29/2016 252023cc329863 E 100-11223-5021 50.00 OPERATING EXPENSES LIFE-ASSIST INC 8/5/2016 252188757729 E 100-11610-5021 62.23 MEDICAL SUPPLIES 8/5/2016 252188758125 E 100-11610-5021 376.95 MEDICAL SUPPLIES 8/10/2016 252273758126 E 100-11610-5021 339.56 MEDICAL SUPPLIES 8/10/2016 252273758884 E 100-11610-5021 308.64 MEDICAL SUPPLIES 8/10/2016 252273758898 E 100-11610-5021 977.02 MEDICAL SUPPLIES 8/10/2016 252273758899 E 100-11610-5021 933.14 MEDICAL SUPPLIES 8/10/2016 252273758926 E 100-11610-5021 935.84 MEDICAL SUPPLIES 8/10/2016 252273758927 E 100-11610-5021 961.32 MEDICAL SUPPLIES 8/10/2016 252273758929 E 100-11610-5021 242.31 MEDICAL BILLING 8/10/2016 252273759161 E 100-11610-5021 335.12 MEDICAL SUPPLIES 8/10/2016 252273759363 E 100-11610-5021 561.99 MEDICAL SUPPLIES Thursday, August 11, 2016 Page 6 of 30 VENDOR NAMEDATE CHECK #INVOICE #ACCOUNT #AMOUNT DESCRIPTION Payments issued between and7/28/2016 8/10/2016 -City of South San Francisco FIRE LIFE-ASSIST INC 8/10/2016 252273759364 E 100-11610-5021 561.99 MEDICAL SUPPLIES 8/10/2016 252273759566 E 100-11610-5021 663.47 MEDICAL SUPPLIES 8/10/2016 252273759650 E 100-11610-5021 954.60 MEDICAL SUPPLIES 8/10/2016 252273759651 E 100-11610-5021 41.95 MEDICAL SUPPLIES 8/10/2016 252273760244 E 100-11610-5021 877.71 MEDICAL SUPPLIES LOWE'S CREDIT SERVICES 7/29/2016 251998915824 E 100-11710-5021 77.95 OPERATING SUPPLIES 8/5/2016 252189911366 E 100-11310-5004 467.47 CERT EQUIPMENT 8/10/2016 252274916262 E 100-11730-5020 14.53 STATION 64 SUPPLIES 8/10/2016 252274916926 E 100-11730-5020 22.80 STATION 61 SUPPLIES NFPA-NATL FIRE PROTECTION ASSO8/10/2016 252310cc330587 E 100-11720-5022 166.94 JM-MATERIALS OFFICE DEPOT INC 7/29/2016 252004849552005001 E 100-11110-5021 114.72 FIRE ADMIN OPERATING SUPPLIES 8/10/2016 252280852180852001 E 100-11223-5020 769.84 OFFICE SUPPLIES PENINSULA UNIFORMS & EQUIP INC7/29/2016 252007127134 E 100-11720-5034 281.89 UNIFORMS 8/10/2016 252310cc330591 E 100-11610-5021 211.28 RW - OPERATING SUPPLIES PREFERRED ALLIANCE, INC 8/3/2016 2521170122286-IN E 100-11110-5036 43.00 JUNE 2016 PRE EMPLOYMENT DRUG SCREEN & N SAN MATEO CO FIRE CHIEFS ASSOC8/10/2016 2522901600014 E 100-11720-5031 625.00 DUES SARKIS SIGNS 7/29/2016 2520167469 E 100-11310-5021 49.05 OPERATING SUPPLIES 7/29/2016 2520167469 E 100-11610-5021 49.05 OPERATING SUPPLIES SATCOM GLOBAL, INC. 8/10/2016 252310cc330520 E 100-11310-5021 85.50 JB - SATELITE SERVICE SCHOOL HOUSE GROCERY 7/29/2016 2520177335 E 100-11110-5036 29.57 RECRUITMENT REFRESHMENTS SCOTT'S PPE RECON INC 8/10/2016 252310cc330607 E 100-11720-5033 150.00 BS - STAFF DEVELOPMENT SMART & FINAL STORES LLC 8/10/2016 252310cc330504 E 100-11710-5021 11.20 AR- REFRESHMENTS 8/10/2016 252310cc330511 E 100-11740-5021 11.99 BW - JUNIOR FIRE ACADEMY STAPLES CREDIT PLAN 7/29/2016 252023cc329824 E 100-11210-5021 27.23 OPERATING SUPPLIES 7/29/2016 252023cc329868 E 100-11210-5021 16.96 OPERATING EXPENSES 8/10/2016 252310cc330506 E 100-11730-5020 34.58 AR- OPERATING SUPPLIES 8/10/2016 252310cc330510 E 100-11730-5020 176.27 AR- OPERATING SUPPLIES 8/10/2016 252310cc330526 E 100-11730-5021 59.08 BA - 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LIANG PENINSULA LIBRARY SYSTEM 8/5/2016 25220711812 E 100-15110-5004 85.91 ONLINE CATALOGING AUTHORITY CONTROL 8/5/2016 25220711813 E 100-15110-5004 132.30 INTERNET ARCHIVES DELIVERY APR- JUN 2016 8/5/2016 25220711826 E 100-15110-5004 5,808.26 BIBLIOCOMMONS ONLINE CATALOG MAINTENA REBEKAH MAUREEN GALLOWAY RANDLE 8/10/2016 252261082416 E 100-15110-5001 900.00 INTERNSHIP 2ND STIPEND PAYMENT - R. RANDLE RECORDED BOOKS, INC. 8/3/2016 25212375363828 E 100-15210-5043 65.39 A/V 8/3/2016 25212375371391 E 100-15210-5043 27.24 A/V 8/3/2016 25212375372290 E 100-15210-5043 54.49 A/V 8/10/2016 25228675381573 E 100-15230-5022 3,000.00 ESERVICES ANNUAL SUBSCRIPTION 8/10/2016 25228675381574 E 100-15230-5022 5,023.50 EMAGAZINES RELIANCE BARCODE SOLUTIONS LLC8/10/2016 2522871184 E 100-15110-5021 438.24 BARCODES SHELBY WRIGHT 8/10/2016 25232208162016 E 100-15110-5001 900.00 INTERNSHIP 2ND STIPEND PAYMENT- S. WRIGHT STATE OF CALIFORNIA 7/29/2016 252019167492 E 100-15110-5037 768.00 LIVESCAN FINGERPRINT MAY 2016 THE GALE GROUP, INC 8/3/2016 25214358359604 E 100-15210-5022 50.03 BOOKS 8/3/2016 25214358360656 E 100-15210-5022 58.09 BOOKS 8/3/2016 25214358365889 E 100-15210-5022 50.05 BOOKS 8/3/2016 25214358392491 E 100-15210-5022 112.57 BOOKS 8/3/2016 25214358399500 E 100-15210-5022 52.71 BOOKS TRACE AMOUNTS, LLC 8/5/2016 252223CC330337 E 100-15210-5043 23.49 EM- A/V 8/5/2016 252223CC330341 E 100-15210-5043 -23.49 EM- A/V ORDER CANCELLATION USPS 8/5/2016 252223CC330335 E 100-15110-5027 25.43 EM- POSTAGE 8/5/2016 252223CC330339 E 100-15110-5027 12.05 EM- POSTAGE FOR LIBRARY BOARD PACKETS VERIZON WIRELESS 8/10/2016 2523169768847833 E 100-15110-5071 90.00 CITYWIDE IPHONES & IPADS 8/10/2016 2523169768847833 E 100-15430-5071 0.22 CITYWIDE IPHONES & IPADS VERONICA ORTIZ 8/3/2016 2521065/20/16-7/25/16 E 100-15110-5031 50.33 MILEAGE REIMBURSEMENT ZAZZLE 8/10/2016 252310CC330657 E 100-15230-5030 61.13 AE- PROGRAM SUPPLIES Payments issued for LIBRARY $33,551.47 NON-DEPARTMENTAL AMAZON.COM 8/3/2016 252145CC329958 E 784-07512-5061 65.67 TB-LAPTOP CABLE LOCKS - GRAND LIBRARY PROJ BOUNCEPAD, NORTH AMERICA 8/3/2016 252145CC330010 E 784-07512-5061 1,364.00 DC-COMPUTER STANDS, BOUNCEPAD - GRAND LI Thursday, August 11, 2016 Page 13 of 30 VENDOR NAMEDATE CHECK #INVOICE #ACCOUNT #AMOUNT DESCRIPTION Payments issued between and7/28/2016 8/10/2016 -City of South San Francisco NON-DEPARTMENTAL CALIFORNIA WATER SERVICE 8/10/2016 2522453779544444 E 781-07210-5073 36,930.46 WATER SERVICE CALIFORNIA WATER SERVICE CO 8/10/2016 2522460165444444 E 781-07210-5073 247.30 WATER SERVICE 8/10/2016 2522462432384014 E 781-07210-5073 36.96 WATER SERVICE 8/10/2016 2522463194444444 E 781-07210-5073 32.37 WATER SERVICE 8/10/2016 2522463310807997 E 781-07210-5073 38.16 WATER SERVICE 8/10/2016 2522465187444444 E 781-07210-5073 164.03 WATER SERVICE 8/10/2016 2522469639955148 E 781-07210-5073 38.16 WATER SERVICE CDW GOVERNMENT LLC 8/3/2016 252049DRN6654 E 784-07512-5061 1,003.68 MS OFFICE PRO PLUS 2016 LICENSES- GRAND LIB 8/3/2016 252049DRN9308 E 784-07512-5061 720.00 MS OFFICE PRO PLUS 2016 LICENSES - GRAND LIB 8/3/2016 252049DRZ5260 E 784-07512-5061 2,899.80 MS SURFACE PRO 4 TABLETS - GRAND LIBRARY P COMCAST CABLE COMMUNICATION IN8/3/2016 2520588155 20 044 0045948 E 100-07110-5001 51.48 CITY HALL CONFERENCE ROOMS BUSINESS CABL DELL MARKETING L P 8/3/2016 252065XK1215PM7 E 784-07512-5061 9,870.73 DELL LAPTOP COMPUTERS - GRAND LIBRARY PRO 8/3/2016 252065XK13FWJW3 E 784-07512-5061 4,086.40 DELL LAPTOP COMPUTERS - GRAND LIBRARY PR ICMA ONLINE 8/5/2016 252223CC330141 E 100-07110-5021 1,400.00 CM - 2016 ICMA MEMBERSHIP IMPACT TELECOM 8/3/2016 252086608496055 E 781-07210-5071 132.21 LD PHONE CHARGES-ACCT 5202925098 PACIFIC GAS & ELECTRIC COMPANY7/29/2016 2520050455280904-0 E 781-07210-5070 10.51 GAS/ELECTRIC SERVICE 7/29/2016 2520055561797483-1 E 781-07210-5070 2,269.84 GAS/ELECTRIC SERVICE 7/29/2016 2520058767824245-1 E 781-07210-5070 229.26 GAS/ELECTRIC SERVICE 7/29/2016 2520058955325440-3 E 781-07210-5070 51.12 GAS/ELECTRIC SERVICE 7/29/2016 2520058996992104-1 E 781-07210-5070 103.27 GAS/ELECTRIC SERVICE 8/3/2016 2521075616338496-1 E 781-07210-5070 96,945.31 GAS/ELECTRIC SERVICE 8/5/2016 2522043635896993-3 E 781-07210-5070 66.35 GAS/ELECTRIC SERVICE 8/5/2016 2522045548997000-8 E 781-07210-5070 3,349.41 GAS/ELECTRIC SERVICE 8/5/2016 2522046035223249-4 E 781-07210-5070 201.41 GAS/ELECTRIC SERVICE 8/5/2016 2522046152070396-0 E 781-07210-5070 26.24 GAS/ELECTRIC SERVICE 8/5/2016 2522048286202617-4 E 781-07210-5070 54.08 GAS/ELECTRIC SERVICE 8/5/2016 2522048923172305-0 E 781-07210-5070 46.01 GAS/ELECTRIC SERVICE 8/5/2016 2522058634831335-3 E 781-07210-5070 1,490.62 GAS SERVICE-WQCP 8/10/2016 2522820211654236-2 E 781-07210-5070 32.97 GAS/ELECTRIC SERVICE 8/10/2016 2522820285235090-5 E 781-07210-5070 269.58 GAS/ELECTRIC SERVICE 8/10/2016 2522822500898977-1 E 781-07210-5070 63.38 GAS/ELECTRIC SERVICE 8/10/2016 2522822814692974-1 E 781-07210-5070 85.84 GAS/ELECTRIC SERVICE Thursday, August 11, 2016 Page 14 of 30 VENDOR NAMEDATE CHECK #INVOICE #ACCOUNT #AMOUNT DESCRIPTION Payments issued between and7/28/2016 8/10/2016 -City of South San Francisco NON-DEPARTMENTAL PACIFIC GAS & ELECTRIC COMPANY8/10/2016 2522824575602530-5 E 781-07210-5070 10.15 GAS/ELECTRIC SERVICE 8/10/2016 2522825177240092-8 E 781-07210-5070 453.55 GAS/ELECTRIC SERVICE 8/10/2016 2522825534400076-9 E 781-07210-5070 25.47 GAS/ELECTRIC SERVICE 8/10/2016 2522825961515715-9 E 781-07210-5070 56.35 GAS/ELECTRIC SERVICE 8/10/2016 2522826846819681-8 E 781-07210-5070 76.56 GAS/ELECTRIC SERVICE 8/10/2016 2522827785237739-7 E 781-07210-5070 144.06 GAS/ELECTRIC SERVICE 8/10/2016 2522828177181277-3 E 781-07210-5070 134.63 GAS/ELECTRIC SERVICE 8/10/2016 2522828701065497-5 E 781-07210-5070 83.78 GAS/ELECTRIC SERVICE 8/10/2016 2522835908002015-5 E 781-07210-5070 109,011.62 ELECTRIC SERVICE-WQCP SPECIALTY'S CAFE & BAKERY 8/3/2016 252145CC330003 E 851-07110-5005 164.80 CB-DEFERRED COMPENSATION COMMITTEE LUN Payments issued for NON-DEPARTMENTAL $274,537.58 PARKS & RECREATION A M K ELECTRIC 8/10/2016 25223216039 E 100-17230-5050 2,649.57 POOL - LIGHT. BATTERY REPLCMENT ALDRAN CHEMICAL INC 8/10/2016 252235161562 E 100-17230-5004 275.39 OMP POOL SUPPLIES ALERT DOOR SERVICE INC 8/3/2016 25203273835 E 100-17410-5005 200.00 INTERLOCK REPAIR @ CORP YARD AQUATICTEHPOOLWEB 8/5/2016 252223CC330530 E 100-17230-5021 1,041.20 LP - TOP DOCK AND WRISTBANDS FOR AQUATIC ARAMARK UNIFORM SERVICES 8/3/2016 252036757484614 E 100-17410-5034 37.80 FACILITIES DIV. UNIFORMS 8/3/2016 252036757496524 E 100-17410-5034 37.80 FACILITIES UNIFORMS 8/5/2016 252155757496527 E 100-17320-5050 214.84 PARKS DIVSION UNIFORMS 8/5/2016 252155757508272 E 100-17320-5050 173.94 PARKS DIVISION UNIFORMS ART'S PENINSULA LOCKSMITH 8/3/2016 252037443500 E 100-17420-5050 68.67 MEDECO LUBRICANTS BROADMOOR LUMBER & PLYWOOD CO 8/3/2016 25204239501 E 100-17320-5050 118.26 PARKS MAINT. SUPPLIES 8/3/2016 25204239504 E 100-17320-5050 118.26 PARKS MAINTENANCE SUPPLIES 8/5/2016 25215939634 E 100-17320-5050 91.98 PARKS MAINTENANCE SUPPLIES CINTAS CORPORATION LOC 464 8/10/2016 252250464609798 E 100-17230-5004 376.14 OMP POOL FACILITY SUPPLIES CINTAS FIRST AID & SAFETY 8/3/2016 2520525005649306 E 100-17420-5021 244.97 FIRST AID KIT @ CORP YARD CITY MECHANICAL INC 8/3/2016 25205330659 E 100-17971-5061 6,850.00 BFD IMPROVEMENTS FOR MSB 8/3/2016 25205375604 E 100-17410-5005 521.21 PM @ ITD 8/3/2016 25205375606 E 100-17410-5005 1,188.92 HVAC MAINT. @ CITY HALL 8/3/2016 25205375607 E 100-17410-5005 1,220.66 HVAC MAINTENANCE @ FS 61 8/3/2016 25205375608 E 100-17410-5005 838.92 HVAC MAINT. @ CORP YARD Thursday, August 11, 2016 Page 15 of 30 VENDOR NAMEDATE CHECK #INVOICE #ACCOUNT #AMOUNT DESCRIPTION Payments issued between and7/28/2016 8/10/2016 -City of South San Francisco PARKS & RECREATION CITY MECHANICAL INC 8/3/2016 25205375609 E 100-17410-5005 373.17 HVAC MAINT. @ CITY HALL ANNEX 8/3/2016 25205375610 E 100-17410-5005 951.47 HVAC MAINT. @ TERRA BAY 8/3/2016 25205376514/76515 E 100-17410-5005 1,389.45 HVAC MAINTENANCE FOR CITY HALL COLE SUPPLY COMPANY, INC. 8/3/2016 252055116722 E 100-17420-5021 70.55 CUSTODIAL SUPPLIES 8/3/2016 252055117171 E 100-17420-5021 1,398.52 CUSTODIAL SUPPLIES 8/3/2016 252055118656 E 100-17420-5021 1,821.86 CUSTODIAL SUPPLIES COMCAST CABLE COMMUNICATION IN8/3/2016 2520578155 20 044 0252494 E 100-17240-5021 147.97 MONTHLY CABLE BILL FOR TERRABAY BUILDING 8/5/2016 2521628155 20 044 0216218 E 100-17276-5021 62.13 MONTHLY CABLE BILL FOR MAGNOLIA SENIOR CE CORNERSTONE MISSIONARY 8/10/2016 252253912594 R 100-17250-35301 200.00 REFUND OF DEPOSIT FOR USE OF WEST PARK SH DAVID F. O'KEEFE CO 8/3/2016 2520642395 E 100-17320-5050 758.28 ATHLETIC HOME PLACE DH DISTRIBUTION 8/5/2016 25216816-9595 E 100-17320-5050 1,072.25 TENNIS NETS & CENTER STRAPS DISPLAYS2GO.COM 8/5/2016 252223CC330354 E 100-17260-5021 369.07 LP - CORK BOARD FOR OMP POOL EWING IRRIGATION PRODUCTS INC 7/29/2016 2519861882427 E 100-17320-5050 1,605.13 PESTICIDES 8/5/2016 2521711925932 E 100-17320-5050 1,437.39 IRRIGATION CONTROLLERS FOOD SERVICE PARTNERS OF CA 8/10/2016 252260SSF0143 E 100-17276-5061 2,178.57 SENIOR MEALS FOR JULY 2016 AND LUNCH SUPP FRANK AND GROSSMAN 8/3/2016 252074150510 E 100-17310-5001 21,750.00 JULY 2016 LANDSCAPE MAINTENANCE 8/3/2016 252074150510 E 234-17530-5050 6,110.00 JULY 2016 LANDSCAPE MAINTENANCE 8/3/2016 252074150510 E 232-17532-5050 1,210.00 JULY 2016 LANDSCAPE MAINTENANCE 8/3/2016 252074150510 E 233-17533-5050 1,121.00 JULY 2016 LANDSCAPE MAINTENANCE 8/3/2016 252074150510 E 231-17531-5050 7,909.00 JULY 2016 LANDSCAPE MAINTENANCE GEORGE TERRY 8/10/2016 252307912599 R 100-17250-35301 200.00 REFUND OF DEPOSIT FOR USE OF ORANGE PARK HOUSE OF COLOR SSF 8/3/2016 25208492844 E 100-17420-5050 25.77 PAINTING SUPPLIES FOR CITY HALL FINANCE HUB INTERNATIONAL INSUR SVCS 8/3/2016 252085HUBInsJuly2016 E 100-17210-5004 2,915.08 INSURANCE PAYMENT FOR FACILITY RENTALS FO ILVEDSON PIANO SERVICES 8/5/2016 2521811393 E 100-17260-5021 175.00 TUNING OF PIANO FOR RECREATION CLASSES JAMES SMITH 8/10/2016 252296913100 R 100-17250-35301 205.00 REFUND OF DEPOSIT FOR RENTAL OF ORANGE P JAN SUCGANG 8/3/2016 252138909111 R 100-17250-35301 200.00 REFUND OF DEPOSIT FOR USE OF ORANGE PARK JANICE CAYABYAB 8/10/2016 252248909254 R 100-17250-35301 350.00 REFUND OF DEPOSIT FOR COMPLETED HALL REN JOSUE GONZALEZ 8/3/2016 252081329891 E 100-17410-5033 295.64 EDUCATION REIMBURSEMENT FOR JOSUE G. KELLY-MOORE PAINT CO INC 8/3/2016 2520891102-00000512258 E 100-17320-5050 34.91 PAINTING SUPPLIES FOR GARDINER PARK 8/3/2016 2520891102-00000512474 E 100-17320-5050 363.96 PAINTING SUPPLIES FOR GARDINER PARK 8/3/2016 2520891102-00000512673 E 100-17320-5050 350.15 PARKS PAINTING SUPPLIES 8/3/2016 2520891102-00000512807 E 100-17320-5050 193.31 PARKS PAINTING SUPPLIES Thursday, August 11, 2016 Page 16 of 30 VENDOR NAMEDATE CHECK #INVOICE #ACCOUNT #AMOUNT DESCRIPTION Payments issued between and7/28/2016 8/10/2016 -City of South San Francisco PARKS & RECREATION KELLY-MOORE PAINT CO INC 8/3/2016 2520891102-00000512922 E 100-17320-5050 277.40 PARKS PAINTING SUPPLIES 8/5/2016 2521841102-00000513459 E 100-17320-5050 23.63 PARKS PAINTING SUPPLIES LEO TORIO OPTOMETRIC CORP 8/3/2016 2520945/23/16 E 100-17320-5034 256.00 SAFETY GLASSES FOR STUPI LESLIE GUTIERREZ-LARA 8/10/2016 252266899563 R 100-17230-35303 61.00 REFUND FOR AQUATICS CLASS LOWE'S CREDIT SERVICES 7/29/2016 251998918479 E 100-17970-5061 -20.69 PARKS SUPPLIES 7/29/2016 251998986344 E 100-17420-5050 616.68 MAINT.SUPPLIES FOR FS 65 8/3/2016 252096901818 E 100-17420-5050 207.01 MAINT. SUPPLIES 8/3/2016 252096901836 E 100-17420-5050 28.89 FACILITIES MAINT. SUPPLIES 8/3/2016 252096901841 E 100-17420-5050 4.14 MAINTENANCE SUPPLIES 8/3/2016 252096902060 E 100-17420-5050 62.28 FACILITIES MAINT. SUPPLIES 8/3/2016 252096902237 E 100-17420-5050 24.86 FACILITIES MAINT. SUPPLIES 8/3/2016 252096902443 E 100-17420-5050 103.90 MAINTENANCE SUPPLIES 8/3/2016 252096902623 E 100-17420-5050 98.44 MAINT. SUPPLIES 8/3/2016 252096971049 E 100-17420-5050 709.52 MAINTENANCE SUPPLIES 8/5/2016 252189902034 E 100-17320-5050 4.97 PARKS MAINTENANCE SUPPLIES 8/5/2016 252189902265 E 100-17320-5050 72.78 MAINT. SUPPLIES FOR TERRA BAY 8/5/2016 252189902328 E 100-17320-5050 19.89 PARKS MAINTENANCE SUPPLIES 8/5/2016 252189902411 E 100-17320-5050 302.90 PEST ROOM SHELVES 8/5/2016 252189902646 E 100-17320-5050 168.99 PEST ROOM SHELVES 8/5/2016 252189902824 E 100-17320-5050 76.23 WB PARK MAINT. SUPPLIES 8/5/2016 252223CC330371 E 100-17230-5021 98.82 LP - BINS TO HOLD SWIM GEAR AT ECHS LUCKY'S 8/5/2016 252223CC330364 E 100-17230-5021 5.43 LP - AQUATIC OFFICE SUPPLIES MACMURRAY PACIFIC 8/3/2016 25209716044877 E 100-17420-5050 101.30 MAINT. SUPPLIES MAD MATTER INC. 8/5/2016 252223CC330348 E 100-17230-5021 1,503.00 LP - MATS FOR FLOOR OF MEN'S LOCKER ROOM MAILA DELA FUENTE 8/10/2016 252257909252 R 100-17250-35301 350.00 REFUND OF DEPOSIT FOR COMPLETED HALL REN MARICELLA MERAZ 8/10/2016 252278909255 R 100-17250-35301 500.00 REFUND OF DEPOSIT FOR COMPLETED HALL REN NILFISK ADVANCE INC 8/3/2016 252145CC330134 E 100-17250-5021 722.17 MM - AQUASPOT EXTRACTOR -CHAIR CLEANER PACIFIC NURSERIES 8/3/2016 252108SI-342056 E 100-17320-5050 171.68 PARKS PLANTS 8/3/2016 252108SI-342369 E 100-17320-5050 258.88 BURI BURI PARK PLANTS PENINSULA SPORTS OFFICIALS 7/29/2016 252006101626 E 100-17240-5001 421.00 OFFICIATING UMPIRE FEES FOR SPORTS PROGRA PREFERRED ALLIANCE, INC 8/3/2016 2521170122286-IN E 100-17310-5036 43.00 JUNE 2016 PRE EMPLOYMENT DRUG SCREEN & N QUENCH USA, INC. 8/3/2016 252118200513233 E 100-17420-5050 91.87 CORP YARD LUNCH ROOM WATER Thursday, August 11, 2016 Page 17 of 30 VENDOR NAMEDATE CHECK #INVOICE #ACCOUNT #AMOUNT DESCRIPTION Payments issued between and7/28/2016 8/10/2016 -City of South San Francisco PARKS & RECREATION RECREATION REPUBLIC INC. 7/29/2016 25201210110 E 100-17999-5999 3,500.00 DOG PARK SHADE 7/29/2016 25201210110 E 100-17970-5061 484.19 DOG PARK SHADE RED WING BRANDS OF AMERICAN IN8/3/2016 252124000000004-006 E 100-17320-5034 479.71 SAFETY BOOTS FOR GONZALEZ, A & ESTRADA, JO ROMEO PACKING COMPANY 7/29/2016 252013121229 E 100-17320-5050 3,270.00 PARKS PESTICIDES ROSIE DACANAY 8/5/2016 252165909303 R 100-17275-35307 80.00 REFUND FOR SUMMER CAMP SABRE BACKFLOW INC. 8/3/2016 2521264034 E 100-17320-5050 114.50 BACKFLOW TESTER SAN MATEO LAWNMOWER INC. 7/29/2016 252015160529 E 100-17320-5051 140.48 PARKS MAINT. SUPPLIES 7/29/2016 252015160530 E 100-17320-5051 139.48 PARKS MAINTENANCE SUPPLIES 7/29/2016 252015160531 E 100-17320-5051 238.59 PARKS MAINTENANCE SUPPLIES 7/29/2016 252015160532 E 100-17320-5051 207.77 PARKS MAINT. SUPPLIES SAVIANO COMPANY INC 8/5/2016 2522167059-R E 100-17970-5061 985.00 BRENTWOOD & ELKWOOD PARK RESURFACING SHOE DEPOT INC 8/3/2016 252129133773/1032 E 100-17320-5034 196.19 WORK BOOTS FOR CALEB MORAN SOUTH CITY LUMBER AND SUPPLY 7/29/2016 252018892981 E 100-17320-5050 39.35 AVALON PARK SWING REPAIR 7/29/2016 252018893030 E 100-17320-5050 21.29 SUPPLIES FOR BREEZEWAY BANNERS 7/29/2016 252018893621 E 100-17320-5050 20.79 PARKS MAINTENANCE SUPPLIES 8/3/2016 252130893490 E 100-17320-5050 22.98 PARKS MAINTENANCE SUPPLIES 8/3/2016 252130893606 E 100-17320-5050 68.42 PARKS MAINT. SUPPLIES 8/3/2016 252130893913 E 100-17320-5050 6.11 PARKS MAINT. SUPPLIES STAGESTEP INC 8/5/2016 252223cc330549 E 100-17420-5050 179.00 B CRUME - FLOORING DEPOSIT STAPLES CREDIT PLAN 8/3/2016 252145CC330137 E 100-17250-5021 107.86 MM - RENTAL DEPT OFFICE SUPPLIES STATE OF CALIFORNIA 7/29/2016 252019167492 E 100-17310-5037 96.00 LIVESCAN FINGERPRINT MAY 2016 SWIMOUTLET.COM 8/5/2016 252223CC330361 E 100-17230-5021 1,122.29 LP - START UP SUPPLIES FOR EL CAMINO AQUATI 8/5/2016 252223CC330367 E 100-17230-5021 86.39 LP - WATER POLO BALLS FOR ECHS PROGRAMMI 8/5/2016 252223CC330447 E 100-17230-5021 -305.18 RETURNED OMP POOL ITEMS FOR ECHS PROGRA TERMINIX 8/3/2016 25214114392083 AGREEMENE 100-17410-5005 890.00 DRYWOOD TERMITE PLAN SEP16-SEP17 (CUST #6 THE SWENSON GROUP, INC. 8/3/2016 252144186033 E 100-17276-5074 274.74 MONTHLY RENTAL & COPY CHGS - SENIOR CENTE TOM GOZZO 8/10/2016 252263909250 R 100-17250-35301 350.00 REFUND OF DEPOSIT FOR COMPLETED HALL REN TOMMY SEUNG NAM KIM 8/3/2016 2520907/30/16 E 100-17260-5001 420.00 INSTRUCTOR FEES FOR SUMMER GOLF LESSONS UNITED SITE SERVICES OF CA 8/5/2016 252224114-4254487 E 100-17320-5001 130.48 PORTABLE RESTROOM @ COMM. GARDENS VERIZON WIRELESS 8/10/2016 2523169768847833 E 100-17999-5999 38.01 CITYWIDE IPHONES & IPADS 8/10/2016 2523169768847833 E 100-17275-5071 37.43 CITYWIDE IPHONES & IPADS 8/10/2016 2523169768847833 E 231-17531-5071 38.06 CITYWIDE IPHONES & IPADS Thursday, August 11, 2016 Page 18 of 30 VENDOR NAMEDATE CHECK #INVOICE #ACCOUNT #AMOUNT DESCRIPTION Payments issued between and7/28/2016 8/10/2016 -City of South San Francisco PARKS & RECREATION VERIZON WIRELESS 8/10/2016 2523169768847833 E 100-17410-5071 245.43 CITYWIDE IPHONES & IPADS 8/10/2016 2523169768847833 E 100-17310-5071 245.49 CITYWIDE IPHONES & IPADS 8/10/2016 2523169768847833 E 100-17276-5071 409.94 CITYWIDE IPHONES & IPADS 8/10/2016 2523169768847833 E 100-17250-5071 107.58 CITYWIDE IPHONES & IPADS 8/10/2016 2523169768847833 E 100-17210-5071 53.79 CITYWIDE IPHONES & IPADS 8/10/2016 2523169768847833 E 100-17110-5071 206.03 CITYWIDE IPHONES & IPADS 8/10/2016 2523169768847833 E 100-17260-5071 53.79 CITYWIDE IPHONES & IPADS W.W. GRAINGER INC. 8/3/2016 2521519171743249 E 100-17320-5050 458.37 PARKS SAFETY SUPPLIES Payments issued for PARKS & RECREATION $96,139.48 POLICE ADVANCED BUSINESS FORMS 8/3/2016 25202930125 E 100-12720-5001 801.67 PARKING CITATIONS - 2500 8/3/2016 25202930136 E 100-12720-5021 683.38 MOVING CITATIONS - 2500 AMAZON MKTPLACE 8/5/2016 252223CC330446 E 100-12110-5020 29.97 LD - FANS FOR DISPATCH WORK STATIONS 8/5/2016 252223CC330479 E 100-12110-5020 33.54 LS - SUPPLIES - MICRO SD MEMORY CARDS AMERICAN ALUMINUM ACC INC. 8/3/2016 25203577689 E 100-12110-5020 152.00 CUSTOM FIT RUBBER LINER FOR K9 VEHICLE AMERICAN MESSAGING SERVICES 8/10/2016 252237M7175147QH E 100-12410-5071 17.38 CITY PAGERS - POLICE & WQCP ANTONIO BAGGETTA 8/5/2016 252156JUL/AUG 2016 E 100-12720-5061 80.00 REIMBURSEMENT FOR K9 EXPENSES ART MATERIALS LLC 8/5/2016 252223CC330444 E 100-12110-5020 145.52 LD - HANDI-PAD WIPES - SUPPLIES BATTERY JUNCTION 8/3/2016 252039933833 E 100-12110-5020 480.73 EVIDENCE SUPPLIES BECKY DABNEY 8/5/2016 252164JUL/AUG 2016 E 100-12720-5061 80.00 REIMBURSEMENT FOR K9 EXPENSES BEN DORCY 8/3/2016 25206871416 E 100-12720-5033 160.00 CPT TRAINING FIRST AID/BLS/AED (2) BLAKE MOLYNEUX 8/5/2016 252198JUL/AUG 2016 E 100-12720-5061 80.00 REIMBURSEMENT FOR K9 EXPENSES CALIFORNIA POLICE CHIEFS ASSOC8/3/2016 2520485685 E 100-12110-5033 525.00 CHIEF'S EXECUTIVE ASST - SEMINAR CELETTA INVESTIGATIVE SERVICES8/3/2016 25205016-0710 E 100-12110-5061 750.00 BACKGROUND INVESTIGATION CHRISTINE GIL 8/3/2016 25207808/01/16 CG E 100-12720-5033 794.61 TUITION REIMBURSEMENT PER MOU CHRISTOPHER DEVAN 8/5/2016 252167JUL/AUG 2016 E 100-12720-5061 80.00 REIMBURSEMENT FOR K9 EXPENSES COUNTY OF SAN MATEO 8/3/2016 2520591YSS11606 E 100-12720-5002 7,625.13 MESSAGE SWITCH/CLETS COUNTY OF SAN MATEO SHERIFF'S 8/3/2016 25206007/15/2016 E 100-12210-5001 1,705.00 CAL ID REIMB FY 15/16 (341 APPLICANTS @ $5 S DFS GREEN, INC 8/3/2016 25206724555-11 E 100-12210-5001 398.00 CARPET CLEANING DIRECTV 8/5/2016 252223CC330478 E 100-12410-5001 162.86 LS - MONTHLY DIRECTV CHARGE EXPEDIA SALES 8/5/2016 252223CC330459 E 100-12720-5033 970.28 AP-HOTEL EXPENSE- B.BLAKE (5 NTS)- GREAT CO Thursday, August 11, 2016 Page 19 of 30 VENDOR NAMEDATE CHECK #INVOICE #ACCOUNT #AMOUNT DESCRIPTION Payments issued between and7/28/2016 8/10/2016 -City of South San Francisco POLICE EXPEDIA SALES 8/5/2016 252223CC330482 E 100-12720-5033 403.70 LS - AIRFARE FOR B. BLAKE - GREAT CONF FEDEX 8/5/2016 252223CC330454 E 100-12720-5036 44.31 AP - POST REQ'D RECRUITMENT TABS FILEMAKER INC 8/5/2016 252223CC330457 E 100-12110-5020 329.00 AP - SOFTWARE FOR PLANNING SGT FILES GBH POLYGRAPH SERVICES 8/3/2016 2520767/3/16 E 100-12720-5036 600.00 PRE-EMPLOYMENT POLYGRAPH EXAMS (2) IRON MOUNTAIN 8/3/2016 2520879663069669 E 100-12110-5020 414.91 DOCUMENT DESTRUCTION SERVICES KEITH WALL 8/3/2016 25215207/28/16 KW E 100-12110-5031 113.00 MILEAGE/TOLL FOR DMV PRESENTATION - DUI H KINGS SANDWICH 8/5/2016 252223CC330484 E 100-12110-5031 67.24 MS - NOR CO CHIEFS LUNCHEON PD HOSTED KSM PRINTING 8/3/2016 25209125368 E 100-12210-5025 821.63 2000 NOTICE OF CORRECTIONS 8/5/2016 25218725376 E 100-12210-5025 71.45 PROPERTY & EVIDENCE RECEIPT/NOTICE OF RIGH LAKE NATOMA INN 8/5/2016 252223CC330480 E 100-12720-5033 214.26 LS - HOTEL EXPENSES 2 NTS -M. MAHON SLI TRAI LC ACTION POLICE SUPPLY LTD 8/3/2016 252092352743 E 100-12110-5020 1,367.09 NEW HOLSTERS LEXISNEXIS 8/3/2016 2520951606340893 E 100-12720-5061 104.40 INVESTIGATIVE DATABASE MARTY MAHON 8/5/2016 252191JUL/AUG 2016 E 100-12720-5061 80.00 REIMBURSEMENT FOR K9 EXPENSES MERRITT COMMUNICATIONS INC. 8/3/2016 25210234804 E 100-12110-5020 104.39 NEW HEADSET FOR DISPATCH MVP VISUALS 8/5/2016 252223CC330483 E 100-12110-5020 579.74 LS - NEW OUTREACH CANOPY W/ LOGO OFFICE DEPOT INC 8/5/2016 252203852550835001 E 100-12110-5020 73.27 DISPATCH SUPPLIES 8/5/2016 252203853128854001 E 100-12110-5020 511.85 ADMIN - OFFICE SUPPLIES PAK N SAVE 8/5/2016 252223CC330487 E 100-12110-5031 24.98 MS - COMMANDERS MEETING REFRESHMENTS PANERA BREAD 8/5/2016 252223cc330486 E 100-12110-5033 25.27 MS - COMMANDERS MEETING REFRESHMENTS PET FOOD EXPRESS 8/5/2016 25220802/28/16 MAHON E 100-12720-5061 222.14 CANINE FOOD - MAHON 8/5/2016 25220806/03/16 MOLYNEUX E 100-12720-5061 179.81 CANINE FOOD - MOLYNEUX 8/5/2016 25220806/05/16 MAHON E 100-12110-5020 288.79 CANINE FOOD - MAHON 8/5/2016 25220806/08/16 DABNEY E 100-12720-5061 191.81 CANINE FOOD - DABNEY 8/5/2016 25220806/27/16 BAGGETTA E 100-12720-5061 196.17 CANINE FOOD - BAGGETTA 8/5/2016 25220806/27/16 MILLER E 100-12110-5020 179.81 CANINE FOOD - MILLER 8/5/2016 25220807/06/16 DEVAN E 100-12110-5020 90.44 CANINE FOOD - DEVAN PREFERRED ALLIANCE, INC 8/3/2016 2521170122286-IN E 100-12720-5036 43.00 JUNE 2016 PRE EMPLOYMENT DRUG SCREEN & N READYREFRESH 8/3/2016 25212216G5709746001 E 100-12720-5001 78.82 WATER COOLER RENTAL (06/11-07/10/16) REDWOOD CITY FIREFIGHTER ASSOC8/5/2016 25221316-RCFFA - PD E 100-12110-5061 200.00 SMCO MEMORIAL SERVICE FUND 09/18/16 SACRAMENTO VALLEY SHOOTING CTR8/3/2016 2521273075 E 100-12720-5033 200.00 SHOOTING RANGE EXPENSES SAN BRUNO AUTO CENTER INC 8/3/2016 2521289901 E 100-12720-5051 1,740.00 EVIDENCE TOW - PD PORTION~ SEAN CURMI 8/3/2016 25206207/18/2016 E 100-12720-5033 689.50 TUITION REIMBURSMENT PER MOU Thursday, August 11, 2016 Page 20 of 30 VENDOR NAMEDATE CHECK #INVOICE #ACCOUNT #AMOUNT DESCRIPTION Payments issued between and7/28/2016 8/10/2016 -City of South San Francisco POLICE SHERATON GATEWAY HOTEL 8/5/2016 252223CC330481 E 100-12720-5033 416.50 LS - HOTEL STAY(3 NTS) M. MAHON - SLI TRAININ SPECIALTY'S CAFE & BAKERY 8/5/2016 252223CC330442 E 100-12410-5033 234.63 LD - RIMS REFRESHER TRAINING SSF POLICE ASSOCIATION 8/3/2016 25213404/11/2016 E 100-12720-5061 1,040.50 2016 RESERVE VOLUNTEER DINNER - CITY PORTI 8/3/2016 25213406/26/15 E 100-12720-5061 1,132.60 2015 RESERVE VOLUNTEER DINNER - CITY PORTI STARBUCKS 8/5/2016 252223CC330485 E 100-12110-5031 31.90 MS - COMMANDERS MEETING REFRESHMENTS STATE OF CALIFORNIA 7/29/2016 252019167492 E 100-12720-5037 128.00 LIVESCAN FINGERPRINT MAY 2016 STEVEN MILLER 8/5/2016 252196JUL/AUG 2016 E 100-12720-5061 80.00 REIMBURSEMENT FOR K9 EXPENSES TELECOMMUNICATIONS ENG ASSOC 8/3/2016 25214044347 E 100-12410-5001 4,735.00 RADIOS MAINTEN FOR FY 2016 -2017 8/3/2016 25214044351 E 100-12410-5005 16,583.33 PROF. SERVICES FOR JULY 1, 2016 TO JUNE 30, 2 ULINE 8/3/2016 25214678543880 E 100-12110-5020 695.50 EVIDENCE SUPPLIES USPS 8/10/2016 252310cc330463 E 100-12210-5027 14.90 MR - USPS SHIPPING FEE - TO AMAZON VERIZON WIRELESS 8/10/2016 2523169768847833 E 100-12410-5071 1,764.14 CITYWIDE IPHONES & IPADS VICTORY TACTICAL GEAR, LLC 8/5/2016 252226456 E 100-12720-5034 7,196.50 BALLISTIC EQUIPMENT FOR OFFICERS WAVEDIVISION HOLDINGS, LLC 8/3/2016 2521538136 35 051 0095333 E 100-12410-5001 72.47 CABLE INTERNET SERVICES WILLIAM J. FEISTER 8/5/2016 2521732016-15 E 100-12720-5036 700.00 PRE-EMPLOYMENT PSYCH EVALS (2) OFFICERS Payments issued for POLICE $60,831.82 PUBLIC WORKS ABEGAIL PARTIN 8/3/2016 252110SUMMER2016 E 710-13910-5033 1,352.20 TUITION REIMBURSEMENT AD BRAKES 7/29/2016 25198113761 E 781-13610-5021 419.99 GARAGE OPERATING SUPPLIES - STOCK PARTS AFFORDABLE PAINTING SVC INC 8/10/2016 2522341607-05 E 100-13460-5021 34,550.00 PAINTING OF THE DOWNTOWN STREET LIGHT, SI AIRGAS NCN INC 8/3/2016 2520319053732199 E 781-13610-5028 127.37 GARAGE SUPPLIES - PROPANE ALL INDUSTRIAL ELECTRIC SUPPLY8/3/2016 2520335144539 E 100-13460-5021 72.71 STREETLIGHTING OPERATING SUPPLIES ALPHA ANALYTICAL LABORATORIES 8/3/2016 2520346071663-MD_SSF E 710-13951-5005 163.00 ANALYTICAL SERVICES 8/3/2016 2520346072338-MD_SSF E 710-13951-5005 80.00 ANALTICAL SERVICES 8/10/2016 2522366071669-MD_SSF E 710-13953-5005 539.00 FY 2016-2017 ANALYTICAL SERVICES 8/10/2016 2522366071670-MD_SSF E 710-13953-5005 589.00 FY 2016-2017 ANALYTICAL SERVICES 8/10/2016 2522366072100-MD_SSF E 710-13953-5005 422.00 FY 2016-2017 ANALYTICAL SERVICES 8/10/2016 2522366072651-MD_SSF E 710-13951-5005 2,997.00 FY 2016-2017 ANALYTICAL SERVICES 8/10/2016 2522366072736-MD_SSF E 710-13951-5005 163.00 FY 2016-2017 ANALYTICAL SERVICES 8/10/2016 2522366081053-MD_SSF E 710-13951-5005 110.00 FY 2016-2017 ANALYTICAL SERVICES 8/10/2016 2522366081054-MD_SSF E 710-13951-5005 110.00 FY 2016-2017 ANALYTICAL SERVICES Thursday, August 11, 2016 Page 21 of 30 VENDOR NAMEDATE CHECK #INVOICE #ACCOUNT #AMOUNT DESCRIPTION Payments issued between and7/28/2016 8/10/2016 -City of South San Francisco PUBLIC WORKS ALPHA ANALYTICAL LABORATORIES 8/10/2016 2522366081055-MD_SSF E 710-13951-5005 110.00 FY 2016-2017 ANALYTICAL SERVICES 8/10/2016 2522366081056-MD_SSF E 710-13951-5005 80.00 FY 2016-2017 ANALYTICAL SERVICES 8/10/2016 2522366081145-MD_SSF E 710-13951-5005 110.00 FY 2016-2017 ANALYTICAL SERVICES 8/10/2016 2522366081146-MD_SSF E 710-13951-5005 110.00 FY 2016-2017 ANALYTICAL SERVICES 8/10/2016 2522366081147-MD_SSF E 710-13951-5005 110.00 FY 2016-2017 ANALYTICAL SERVICES 8/10/2016 2522366081148-MD_SSF E 710-13951-5005 110.00 FY 2016-2017 ANALYTICAL SERVICES 8/10/2016 2522366081149-MD_SSF E 710-13951-5005 110.00 FY 2016-2017 ANALYTICAL SERVICES 8/10/2016 2522366081150-MD_SSF E 710-13951-5005 110.00 FY 2016-2017 ANALYTICAL SERVICES 8/10/2016 2522366081286-MD_SSF E 710-13953-5005 1,395.00 FY 2016-2017 ANALYTICAL SERVICES AMAZON.COM 8/3/2016 252145CC330005 E 100-13210-5045 556.63 DC-FLUORSCENT PRINTER LAMP - ENGINEERING 8/3/2016 252145CC330007 E 710-13910-5071 22.99 DC-WATERPROOF IPHONE CASE - WQCP AMERICAN MESSAGING SERVICES 8/10/2016 252237M7175147QH E 710-13910-5071 58.86 CITY PAGERS - POLICE & WQCP ARAMARK UNIFORM SERVICES 7/29/2016 251982757496509 E 710-13910-5001 99.30 WEEKLY UNIFORM SERVICE 7/29/2016 251982757496510 E 710-13910-5001 187.10 LAB COAT REPLACEMENT 7/29/2016 251982757496510 E 710-13951-5021 19.50 LAB COAT REPLACEMENT 7/29/2016 251982757496523 E 710-13315-5001 75.60 UNIFORMS FOR CORP YARD 7/29/2016 251982757496523 E 100-13410-5001 113.40 UNIFORMS FOR CORP YARD 7/29/2016 251982757496525 E 781-13610-5001 10.95 UNIFORMS FOR CORP YARD 7/29/2016 251982757496526 E 781-13610-5001 35.95 SEAT COVERS FOR CORP YARD 8/5/2016 252155757508254 E 710-13910-5001 99.30 WEEKLY UNIFORM SERVICE 8/5/2016 252155757508255 E 710-13910-5001 187.10 WEEKLY UNIFORM SERVICE 8/5/2016 252155757508268 E 710-13315-5001 75.83 UNIFORMS FOR CORP YARD 8/5/2016 252155757508268 E 100-13410-5001 113.75 UNIFORMS FOR CORP YARD 8/5/2016 252155757508270 E 781-13610-5001 10.95 UNIFORMS FOR CORP YARD 8/5/2016 252155757508271 E 781-13610-5001 35.95 SEAT COVERS FOR GARAGE ARCO'S AUTO BODY 8/10/2016 252238028077 E 781-13610-5001 1,014.91 GARAGE REPAIR SERVICE - VEH 257 BRANDON WHITELEY 8/5/2016 252229BWhiteleyStipend2 E 100-13210-5001 1,000.00 BRANDON WHITELEY STIPENED NO. 2 BROADMOOR LUMBER & PLYWOOD CO 8/3/2016 25204239506 E 100-13420-5021 128.24 SIDEWALKS OPERATING SUPPLIES 8/3/2016 25204239556 E 100-13420-5021 307.33 SIDEWALKS OPERATING SUPPLIES C H BULL CO 8/10/2016 2522421193458/1193459 E 100-13411-5021 54.23 ADDL SALES TAX FOR INVOICES 1193458 & 1193 CENTRAL CONCRETE SUPPLY CO 8/10/2016 25224917485978 E 100-13411-5021 165.70 STREET MAINTENANCE OPERATING SUPPLIES 8/10/2016 25224917488837 E 100-13420-5021 87.38 SIDEWALKS OPERATING SUPPLIES Thursday, August 11, 2016 Page 22 of 30 VENDOR NAMEDATE CHECK #INVOICE #ACCOUNT #AMOUNT DESCRIPTION Payments issued between and7/28/2016 8/10/2016 -City of South San Francisco PUBLIC WORKS CITY AUTO SUPPLY 7/29/2016 2519853-335268 E 781-13610-5021 90.01 GARAGE OPERATING SUPPLIES - VEH 27/STOCK 7/29/2016 2519853-335766 E 781-13610-5021 45.92 GARAGE OPERATING SUPPLIES - VEH 628 7/29/2016 2519853-336370 E 781-13610-5021 71.65 GARAGE OPERATING SUPPLIES - VEH 250 CITY MECHANICAL INC 8/10/2016 25225130687 E 720-13720-5005 697.50 MILLER PARKING GARAGE HVAC SERVICE CLASS C SOLUTIONS GROUP 8/3/2016 2520548614911001 E 710-13922-5051 183.62 MAINTENANCE SUPPLIES COLE-PARMER INSTRUMENT COMPANY8/3/2016 2520569677835 E 710-13951-5021 884.45 LAB SUPPLIES COUNTY OF SAN MATEO 8/10/2016 25225500008509 E 710-13932-5002 8,356.00 ENVIRONMENTAL CHARGES FOR FUEL STORAGE CULLIGAN SANTA CLARA 8/3/2016 2520610049712 E 710-13941-5051 111.39 WATER SOFTENER SERVICE CUSTOM METAL MFG CO. 8/3/2016 2520634061 E 740-13820-5021 300.00 STORM MAINTENANCE OPERATING SUPPLIES DAVE THEISEN 8/10/2016 252308B15-1009 R 100-13210-32102 16.50 PERMIT REFUND 141 KNOLL CIRCLE DYSERT ENVIRONMENTAL INC 8/3/2016 25206911130 E 710-13953-5005 230.00 ANALYTICAL SERVICES 8/3/2016 25206911131 E 710-13953-5005 600.00 ANALYTICAL SERVICES 8/3/2016 25206911132 E 710-13951-5005 325.00 ANALYTICAL SERVICES EBI AGGREGATES 8/3/2016 252070300-12351 E 100-13420-5021 316.86 SIDEWALKS OPERATING SUPPLIES/ASPHALT EXPROLINK 7/29/2016 25198733823 E 781-13610-5021 674.15 GARAGE OPERATING SUPPLIES - VEH 636/STOCK FASTENAL COMPANY 8/10/2016 252258CAS1024996 E 781-13610-5021 16.75 GARAGE OPERATING SUPPLIES - VEH 0856/0857 8/10/2016 252258CAS1025000 E 710-13315-5021 3.22 SEWER MAINTENANCE OPERATING SUPPLIES 8/10/2016 252258CAS1025118 E 781-13610-5021 8.51 GARAGE OPERATING SUPPLIES - STOCK PARTS FEDEX 8/3/2016 2520725-495-94171 E 100-13210-5027 54.85 FEDEX SERVICES; PROJECT AGREEMENTS FOR CI FLYERS ENERGY LLC 7/29/2016 25198916-292757 E 781-13610-5028 195.71 GARAGE - FUEL ADDITIVES 7/29/2016 25198916-293365 E 781-13610-5028 122.12 GARAGE - FUEL ADDITIVES 7/29/2016 251989CFS1260307 E 781-13610-5028 10,104.60 CITYWIDE CARD LOCK FUEL 8/3/2016 25207316-296830 E 710-13943-5051 2,666.81 DIESEL FUEL 8/3/2016 25207316-298051 E 781-13610-5028 1,864.46 FUEL FOR FIRE STATION #61 8/3/2016 25207316-298052 E 781-13610-5028 1,164.02 FUEL FOR FIRE STATION #63 8/3/2016 25207316-299222 E 781-13610-5028 620.81 FUEL FOR FIRE STATION #65 8/3/2016 25207316-299225 E 781-13610-5028 776.00 FUEL FOR FIRE STATION #64 8/10/2016 25225916-298050 E 781-13610-5028 526.64 FUEL FOR CORP YARD GALLIS' SANITARY BAKERY 8/3/2016 25207502377 E 710-13910-5036 22.28 PASTRIES FOR INTERVIEW PANEL GOLDEN GATE TRUCK CENTER 7/29/2016 251991F005726425:01 E 781-13610-5021 199.56 GARAGE OPERATING SUPPLIES - VEH 505 8/3/2016 252079F005725823:01 E 781-13610-5021 56.59 GARAGE OPERATING SUPPLIES - VEH 325 GOLDEN STATE CHEMICAL & SUPPLY8/3/2016 252080888909 E 710-13941-5051 1,760.58 MAINTENANCE SUPPLIES Thursday, August 11, 2016 Page 23 of 30 VENDOR NAMEDATE CHECK #INVOICE #ACCOUNT #AMOUNT DESCRIPTION Payments issued between and7/28/2016 8/10/2016 -City of South San Francisco PUBLIC WORKS GOLDEN STATE CHEMICAL & SUPPLY8/3/2016 252080888911 E 710-13910-5050 827.33 CLEANING SUPPLIES GRAND AVENUE HARDWARE 8/10/2016 2522642558/13928 E 100-13411-5021 204.84 STREET MAINTENANCE OPERATING SUPPLIES GRANITEROCK COMPANY 7/29/2016 251992972217 E 100-13420-5021 211.15 SIDEWALKS OPERATING SUPPLIES/ASPHALT 7/29/2016 251992973576 E 100-13420-5021 419.04 SIDEWALKS SUPPLIES/ASPHALT 8/3/2016 252082974973 E 100-13420-5021 997.60 SIDEWALKS OPERATING SUPPLIES/ASPHALT HARBOR READY MIX & CPS 8/10/2016 25226729408 E 100-13420-5021 306.05 SIDEWALKS OPERATING SUPPLIES HB URETHANE ROOFING 7/29/2016 251993800 E 710-13942-5051 5,450.00 REPAIRS TO INSTALLED ROOFS ON HIGH 7/29/2016 251993800 E 710-13961-5051 6,750.00 REPAIRS TO INSTALLED ROOFS ON HIGH HOWARD GRAY 8/3/2016 2520837/25/16 E 710-13315-5031 77.00 WECO CAMERA REPAIR TRAINING - MILEAGE REI JAM SERVICES INC 8/3/2016 25208880211 E 100-13450-5021 7,500.75 SIGNALS OPERATING SUPPLIES 8/3/2016 25208881371 E 100-13450-5021 8,519.10 SIGNALS ELECTRICAL OPERATING SUPPLIES 8/3/2016 25208881372 E 100-13450-5021 8,519.10 SIGNALS ELECTRICAL OPERATING SUPPLIES 8/3/2016 25208881373 E 100-13450-5021 5,387.40 SIGNALS OPERATING SUPPLIES - LIGHTBARS 8/3/2016 25208881505 E 100-13450-5021 1,018.35 SIGNALS OPERATING SUPPLIES JAVIER VASQUEZ 8/5/2016 25222507/28/16 E 710-13910-5031 72.68 FRUIT, WATER, AND COFFEE FOR MECHANIC'S P 8/10/2016 25231508-09-2016 E 710-13910-5033 624.86 NATIONAL NOTARY ASSOCIATION JDI ELECTRICAL SERVICES INC 8/10/2016 2522692558 E 710-13943-5051 9,780.70 WQCP TRANSFORMER & SWITCHGEAR ANNUAL JIMMIE MCDANIEL 8/3/2016 2521007/25/2016 E 710-13315-5031 43.00 CA CLASS B LICENSE RENEWEL FEE FOR JIMMIE K-119 OF CALIFORNIA 8/5/2016 25218365886 E 710-13943-5051 38.65 COGEN BLOCK REPAIR LOWE'S CREDIT SERVICES 7/29/2016 251999916782 E 710-13931-5050 40.32 MAINTENANCE SUPPLIES 8/5/2016 252189902281 E 740-13820-5021 30.07 STORM MAINTENANCE OPERATING SUPPLIES 8/5/2016 252189902513 E 740-13820-5021 29.75 STORM MAINTENANCE OPERATING SUPPLIES MATTHEW POWLESON 8/3/2016 2521167/1/16 E 710-13315-5031 43.00 CA CLASS B LICENSE RENEWEL FEE FOR MATT PO MCMASTER-CARR SUPPLY CO 7/29/2016 25200169036900 E 781-13610-5021 15.04 GARAGE OPERATING SUPPLIES - VEH 625 7/29/2016 25200170252452 E 781-13610-5021 39.53 GARAGE OPERATING SUPPLIES - STOCK PARTS 8/3/2016 25210171130349 E 710-13930-5051 149.36 STATION 1 GENERATOR PAINT 8/3/2016 25210171186119 E 710-13941-5051 91.54 OPERATING SUPPLIES 8/3/2016 25210171548940 E 710-13943-5051 131.15 MAINTENANCE SUPPLIES 8/3/2016 25210172048423 E 100-13430-5021 211.25 SIGNS AND TRAFFIC MARKINGS OPERATING SUP 8/5/2016 25219371815547 E 710-13962-5051 220.37 EYEBOLTS FOR SHAW ROAD S/S 8/10/2016 25227769817651 E 781-13610-5021 22.81 GARAGE OPERATING SUPPLIES - VEH 625/STOCK 8/10/2016 25227771186471 E 781-13610-5021 92.14 GARAGE OPERATING SUPPLIES - VEH 317 Thursday, August 11, 2016 Page 24 of 30 VENDOR NAMEDATE CHECK #INVOICE #ACCOUNT #AMOUNT DESCRIPTION Payments issued between and7/28/2016 8/10/2016 -City of South San Francisco PUBLIC WORKS MCMASTER-CARR SUPPLY CO 8/10/2016 25227772163108 E 710-13930-5051 103.88 SANITARY SEWAGE PUMP STATION OPERATING S 8/10/2016 25227772485458 E 710-13932-5051 74.89 STATION 6 PUMP REPAIR 8/10/2016 25227772824691 E 710-13943-5051 333.15 COGEN REPAIR METRO MOBILE COMMUNICATIONS 7/29/2016 252002053467 E 781-13610-5001 171.03 GARAGE REPAIR SERVICE - VEH 8 MEYERS, NAVE, RIBACK 8/3/2016 2521032016060132 E 250-13510-5003 196.03 CITY ATTNY FEES JUN'16 - 405-236 8/3/2016 2521032016060133 E 740-13810-5003 896.50 CITY ATTNY FEES JUN'16 - 405.237 8/3/2016 2521032016060134 E 710-13910-5003 742.50 CITY ATTNY FEES JUN'16 - 405-238 8/3/2016 2521032016060136 E 250-13510-5003 1,144.00 CITY ATTNY FEES JUN'16 - 405.254 MUNICIPAL MGMT ASSOC OF NO CA 8/5/2016 252200330409 E 100-13410-5033 75.00 MMANC "CREDENTIALED GOVERNMENT LEADER OFFICE DEPOT INC 8/3/2016 252105851785349001 E 710-13910-5021 61.86 OFFICE SUPPLIES 8/3/2016 252105852443443001 E 100-13210-5020 7.65 OFFICE SUPPLIES FOR ENGINEERING 8/3/2016 252105852443444001 E 100-13210-5020 99.34 OFFICE SUPPLIES FOR ENGINEERING PACIFIC OCCUPATIONAL HEALTH 8/3/2016 252109CITYOF955399 E 710-13310-5006 328.00 DOT PHYSICAL PETERSON POWER SYSTEMS INC 8/3/2016 2521132407132 E 710-13961-5051 3,275.94 SERVICE TO GENERATOR 8/3/2016 2521132407133 E 710-13942-5051 2,808.68 ANNUAL SERVICE TO GENERATOR 8/3/2016 2521132407353 E 710-13943-5051 1,118.70 TROUBLESHOOT & REPAIR GENERATOR UNIT 8/3/2016 2521132407571 E 710-13961-5051 1,680.03 TROUBLESHOOT & SERVICE TO GENERATOR PETERSON TRUCKS, INC. 7/29/2016 25200829011P E 781-13610-5021 78.30 GARAGE OPERATING SUPPLIES - VEH 516/STOCK 7/29/2016 25200829566P E 781-13610-5021 71.41 GARAGE OPERATING SUPPLIES - VEH 516/STOCK POLYDYNE INC 8/3/2016 2521141050025 E 710-13943-5021 10,930.29 POLYMER (CLARIFLOC) SUPPLY PREFERRED ALLIANCE, INC 8/3/2016 2521170122286-IN E 710-13310-5039 61.00 JUNE 2016 PRE EMPLOYMENT DRUG SCREEN & N 8/3/2016 2521170122286-IN E 710-13910-5036 43.00 JUNE 2016 PRE EMPLOYMENT DRUG SCREEN & N PUBLIC PARKING ASSOCIATES, INC7/29/2016 2520102016-082 E 720-13720-5021 395.60 MILLER PARKING GARAGE - PAPER ROLLS 7/29/2016 2520102016-085 E 720-13720-5021 73.28 PURCHASE OF CASH BOX MICROSWITCH R&B COMPANY 8/10/2016 252284S1580730.001 E 740-13820-5021 70.85 STORM MAINTENANCE OPERATING SUPPLIES 8/10/2016 252284S1581056.001 E 740-13820-5021 169.33 STORM MAINTENANCE OPERATING SUPPLIES R.A. METAL PRODUCTS INC 7/29/2016 2520118165 E 100-13460-5001 460.00 REPAIR OF ALUMINUM LIGHT POLE WITH BASE 8/3/2016 2521208170 E 100-13450-5021 2,573.25 ALUMINUM SIGNAL POLE OVERHEAD SIGN MOU 8/10/2016 2522858173 E 781-13610-5001 444.57 GARAGE REPAIR SERVICE - VEH 293 ROYALTY AUTO COLLISION CTR INC8/10/2016 25228817834 E 781-13610-5001 626.48 GARAGE REPAIR SERVICE - VEH 251 SAN MATEO COUNTY TRANSIT DISTR8/5/2016 252215SA-25495 E 100-13999-5999 2,300.00 SAMTRANS CALL CENTER SERVICES FOR SOUTH C SCHAEFFER MFG CO 8/5/2016 252217FF23704-INV1 E 710-13942-5051 1,002.10 OPERATING SUPPLIES Thursday, August 11, 2016 Page 25 of 30 VENDOR NAMEDATE CHECK #INVOICE #ACCOUNT #AMOUNT DESCRIPTION Payments issued between and7/28/2016 8/10/2016 -City of South San Francisco PUBLIC WORKS SERRAMONTE FORD INC 8/10/2016 252292541951 E 781-13610-5021 114.41 GARAGE OPERATING SUPPLIES - STOCK PARTS 8/10/2016 252292542702 E 781-13610-5021 84.08 GARAGE OPERATING SUPPLIES - VEH 278 8/10/2016 252292542817 E 781-13610-5021 127.88 GARAGE OPERATING SUPPLIES - VEH 10 8/10/2016 252292542818 E 781-13610-5021 104.01 GARAGE OPERATING SUPPLIES - VEH 16 8/10/2016 252292543699 E 781-13610-5021 55.11 GARAGE OPERATING SUPPLIES - STOCK PARTS 8/10/2016 252292544515 E 781-13610-5021 259.05 GARAGE OPERATING SUPPLIES - STOCK PARTS 8/10/2016 252292544696 E 781-13610-5021 140.36 GARAGE OPERATING SUPPLIES - VEH 23 8/10/2016 252292544982 E 781-13610-5021 40.42 GARAGE OPERATING SUPPLIES - VEH 202/STOCK 8/10/2016 252292545246 E 781-13610-5021 112.99 GARAGE OPERATING SUPPLIES - STOCK PARTS 8/10/2016 252292CM541329 E 781-13610-5021 -272.50 GARAGE OPERATING SUPPLIES 8/10/2016 252292CM541879 E 781-13610-5021 -89.12 GARAGE OPERATING SUPPLIES - STOCK PARTS SHAPE INCORPORATED 8/10/2016 252293121931 E 710-13932-5051 2,620.44 STATION 10 PUMP REPAIR PARTS SHIVA AUTO REPAIR 8/10/2016 25229435536 E 781-13610-5001 56.75 VEHICLE #274 SMOG INSPECTION 8/10/2016 25229435545 E 781-13610-5001 56.75 VEHICLE #119 SMOG INSPECTION 8/10/2016 25229435550 E 781-13610-5001 56.75 VEHICLE #231 SMOG INSPECTION 8/10/2016 25229435551 E 781-13610-5001 56.75 VEHICLE #201 SMOG INSPECTION 8/10/2016 25229435553 E 781-13610-5001 56.75 VEHICLE #8 SMOG INSPECTION 8/10/2016 25229435554 E 781-13610-5001 56.75 VEHICLE #105 SMOG INSPECTION 8/10/2016 25229435559 E 781-13610-5001 56.75 VEHICLE #21 SMOG INSPECTION 8/10/2016 25229435561 E 781-13610-5001 56.75 VEHICLE #131 SMOG INSPECTION 8/10/2016 25229435562 E 781-13610-5001 56.75 VEHICLE #23 SMOG INSPECTION 8/10/2016 25229435563 E 781-13610-5001 56.75 VEHICLE #4 SMOG INSPECTION 8/10/2016 25229435564 E 781-13610-5001 56.75 VEHICLE #258 SMOG INSPECTION 8/10/2016 25229435565 E 781-13610-5001 56.75 VEHICLE #14 SMOG INSPECTION 8/10/2016 25229435566 E 781-13610-5001 56.75 VEHICLE #224 SMOG INSPECTION 8/10/2016 25229435569 E 781-13610-5001 56.75 VEHICLE #123 SMOG INSPECTION 8/10/2016 25229435571 E 781-13610-5001 56.75 VEHICLE #238 SMOG INSPECTION 8/10/2016 25229435594 E 781-13610-5001 56.75 VEHICLE #233 SMOG INSPECTION 8/10/2016 25229435596 E 781-13610-5001 56.75 VEHICLE #251 SMOG INSPECTION SHOE DEPOT INC 8/10/2016 252295134671/1001 E 710-13315-5034 235.41 SAFETY SHOES/SOCKS FOR KARANJA MORRIS 8/10/2016 252295134672/1001 E 710-13315-5034 240.00 SAFETY SHOES FOR CRISTIAN SUNDOVAL 8/10/2016 252295134678/1001 E 710-13315-5034 239.33 SAFETY SHOES FOR GREGORY JOHNSON Thursday, August 11, 2016 Page 26 of 30 VENDOR NAMEDATE CHECK #INVOICE #ACCOUNT #AMOUNT DESCRIPTION Payments issued between and7/28/2016 8/10/2016 -City of South San Francisco PUBLIC WORKS SHOE DEPOT INC 8/10/2016 252295134739/1001 E 710-13315-5034 240.00 SAFETY SHOES FOR DAVE BLUMEL 8/10/2016 252295134745/1001 E 710-13315-5034 240.00 SAFETY SHOES FOR ANDRES RODRIGUEZ SOUTH CITY LUMBER AND SUPPLY 8/3/2016 252130893865 E 100-13460-5021 22.49 STREETLIGHTING OPERATING SUPPLIES SSF SCAVENGER CO INC 8/10/2016 2522980000471243 E 710-13962-5072 20,259.53 DEBRIS BOX SERVICE FOR SWEEPER/VACTOR STEVEN'S BAY AREA DIESEL SER I7/29/2016 25202040439 E 781-13610-5021 180.70 GARAGE OPERATING SUPPLIES - VEH 506 8/10/2016 25229940478 E 781-13610-5001 3,692.88 GARAGE REPAIR SERVICE - VEH 516 8/10/2016 25229940493 E 781-13610-5021 1,731.26 GARAGE OPERATING SUPPLIES - VEH 516 STEWART CHEVROLET 8/10/2016 25230092956 E 781-13610-5021 51.73 GARAGE OPERATING SUPPLIES - VEH 27 8/10/2016 25230093115 E 781-13610-5021 57.05 GARAGE OPERATING SUPPLIES - VEH 250 8/10/2016 25230093184 E 781-13610-5021 33.20 GARAGE OPERATING SUPPLIES - VEH 250 STOMMEL, INC 8/3/2016 25213701122918 E 781-13610-5021 149.21 GARAGE OPERATING SUPPLIES - VEH 19 SUNBELT TRANSFORMER, LTD 8/10/2016 252301CD970033856 E 710-13943-5051 4,653.75 TRANSFORMER RENTAL 7/25-8/21/16 SWINERTON MGMT & CONSULTING 8/10/2016 25230314100038-16 E 100-13210-5005 1,265.00 PROGRAM MANAGEMENT SERVICES FOR VARIO 8/10/2016 25230314100038-18 E 100-13210-5005 1,207.50 PROGRAM MANAGEMENT SERVICES FOR VARIO TELECOMMUNICATIONS ENG ASSOC 8/10/2016 25230544378 E 781-13610-5021 525.38 GARAGE OPERATING SUPPLIES - VEH 0859 TEREX SERVICES 8/10/2016 25230690372486 E 781-13610-5021 185.50 GARAGE OPERATING SUPPLIES - VEH 202 THOMAS FISH COMPANY 7/29/2016 25202120885 E 710-13951-5021 139.50 BIOASSAY SPECIMEN TRACTION-GENUINE PARTS CO. 7/29/2016 252022853115569 E 781-13610-5021 379.76 GARAGE OPERATING SUPPLIES - STOCK PARTS 7/29/2016 252022853115725 E 781-13610-5021 24.50 GARAGE OPERATING SUPPLIES - STOCK PARTS 7/29/2016 252022853115779 E 781-13610-5021 49.01 GARAGE OPERATING SUPPLIES - STOCK PARTS 8/10/2016 252309853115835 E 781-13610-5021 15.98 GARAGE OPERATING SUPPLIES - STOCK PARTS 8/10/2016 252309853115876 E 781-13610-5021 8.32 GARAGE OPERATING SUPPLIES - STOCK PARTS 8/10/2016 252309853115900 E 781-13610-5021 27.38 GARAGE OPERATING SUPPLIES - STOCK PARTS 8/10/2016 252309853115991 E 781-13610-5021 15.98 GARAGE OPERATING SUPPLIES - STOCK PARTS UNITED SITE SERVICES OF CA 8/5/2016 252224114-4276973 E 710-13922-5051 104.45 RESTROOM FACILITIES SERVICES 8/10/2016 252311114-4279157 E 710-13922-5051 208.90 RESTROOM FACILITIES SERVICES UNIVAR USA INC 8/10/2016 252312SJ761669 E 710-13964-5021 4,484.89 SODIUM BISULFITE VAN'S ANTI-FREEZE RECYCLING 8/10/2016 2523137040 E 781-13610-5001 132.00 GARAGE - RECYCLED ANTI-FREEZE VERIZON WIRELESS 8/3/2016 2521499768872338 E 710-13961-5045 125.12 WQCP MODEMS - MONTHLY CHGS 8/3/2016 2521499768907609 E 720-13720-5045 75.10 MILLER GARAGE MODEMS - MONTHLY CHGS 8/10/2016 2523169768847833 E 100-13220-5071 91.80 CITYWIDE IPHONES & IPADS 8/10/2016 2523169768847833 E 100-13210-5071 216.72 CITYWIDE IPHONES & IPADS Thursday, August 11, 2016 Page 27 of 30 VENDOR NAMEDATE CHECK #INVOICE #ACCOUNT #AMOUNT DESCRIPTION Payments issued between and7/28/2016 8/10/2016 -City of South San Francisco PUBLIC WORKS VERIZON WIRELESS 8/10/2016 2523169768847833 E 100-13450-5071 38.01 CITYWIDE IPHONES & IPADS 8/10/2016 2523169768847833 E 100-13410-5071 344.97 CITYWIDE IPHONES & IPADS 8/10/2016 2523169768847833 E 100-13411-5071 66.46 CITYWIDE IPHONES & IPADS 8/10/2016 2523169768847833 E 100-13430-5071 53.79 CITYWIDE IPHONES & IPADS 8/10/2016 2523169768847833 E 710-13910-5071 413.19 CITYWIDE IPHONES & IPADS 8/10/2016 2523169768847833 E 710-13310-5071 50.08 CITYWIDE IPHONES & IPADS 8/10/2016 2523169768847833 E 710-13315-5071 228.06 CITYWIDE IPHONES & IPADS 8/10/2016 2523169768847833 E 720-13720-5071 27.18 CITYWIDE IPHONES & IPADS 8/10/2016 2523169768847833 E 781-13610-5071 219.42 CITYWIDE IPHONES & IPADS 8/10/2016 2523169768847833 E 100-13420-5071 12.67 CITYWIDE IPHONES & IPADS 8/10/2016 2523169768847833 E 740-13820-5071 50.68 CITYWIDE IPHONES & IPADS VWR INTERNATIONAL LLC 8/3/2016 2521508045573394 E 710-13951-5021 28.49 LAB SUPPLIES 8/5/2016 2522278045649421 E 710-13951-5021 284.70 LAB SUPPLIES 8/5/2016 2522278045662683 E 710-13951-5021 88.52 LAB SUPPLIES 8/5/2016 2522278045667918 E 710-13951-5021 49.98 LAB SUPPLIES 8/10/2016 2523178045725432 E 710-13951-5021 590.22 LAB SUPPLIES W.W. GRAINGER INC. 8/3/2016 2521519161391074 E 781-13610-5021 24.62 GARAGE OPERATING SUPPLIES - VEH 625 8/3/2016 2521519173045601 E 710-13942-5050 423.05 RESPIRATOR CARTRIDGES 8/3/2016 2521519174756248 E 710-13922-5050 81.99 MAINTENANCE SUPPLIES 8/3/2016 2521519177317709 E 710-13910-5051 320.19 DEFIBRILLATOR PADS 8/3/2016 2521519179343695 E 710-13951-5051 271.33 TUBING 8/5/2016 2522289180990559 E 710-13953-5051 367.67 TRAFFIC CONES 8/10/2016 2523189183089185 E 710-13942-5051 90.09 ELECTRIC SUPPLIES WATTCO 7/29/2016 25202446071 E 781-13610-5021 120.84 GARAGE OPERATING SUPPLIES - STOCK PARTS WINGFOOT COMMERCIAL TIRE SYSTM7/29/2016 252025184-1075999 E 781-13610-5021 413.51 GARAGE OPERATING SUPPLIES - VEH 238 8/3/2016 252154184-1076007 E 781-13610-5021 502.48 GARAGE OPERATING SUPPLIES VEH 0856 SPARE 8/10/2016 252320184-1076006 E 781-13610-5021 515.28 GARAGE OPERATING SUPPLIES - VEH 250 ZORBA PIZZA & DELI 8/3/2016 252145CC330028 E 100-13210-5033 139.44 SAM BAUTISTA CREDIT CARD/STAFF DEVELOPME Payments issued for PUBLIC WORKS $223,136.47 BALANCE SHEET CAL STATE ROOFING CO INC 8/10/2016 252243B16-0220 B 270-21724 200.00 C & D DEPOSIT REFUND 263 SO. MAPLE Thursday, August 11, 2016 Page 28 of 30 VENDOR NAMEDATE CHECK #INVOICE #ACCOUNT #AMOUNT DESCRIPTION Payments issued between and7/28/2016 8/10/2016 -City of South San Francisco BALANCE SHEET DISCOUNT PLUMBING 8/5/2016 252169E16-0348 B 270-21703 300.00 ENCROACHMENT DEPOSIT REFUND-2387 WEXFO MARA CONSTRUCTION 8/10/2016 252275B16-1094 B 280-21706 3.25 REIMBURSEMENT OF CANCELLED PERMIT 623 C MARANAN RENE R TR 8/10/2016 252276B16-1096 B 270-21724 200.00 C & D DEPOSIT REFUND 749 CIRCLE CT NOYA CONCRETE 8/5/2016 252201E15-0669 B 270-21703 3,600.00 ENCROACH DEPOSIT, 525 SERRA DR SOUTHWOOD PLUMBING & HEATING 8/5/2016 252219E16-0138 B 270-21703 162.00 ENCROACH DEPOSIT, 754 PARK WAY 8/5/2016 252219E16-0178 B 270-21703 1,200.00 ENCROACH DEPOSIT, 132 SOUTHWOOD CTR. STATE OF CALIFORNIA 7/29/2016 252019167492 B 100-21205 211.00 LIVESCAN FINGERPRINT MAY 2016 WESTECH ROOFING 8/10/2016 252319B15-1959 B 270-21724 200.00 C & D DEPOSIT REFUND 154 N SPRUCE AVE. WORKS PLUMBING & ROOTER 8/5/2016 252230E16-0359 B 270-21703 475.00 ENCROACH DEPOSIT, 706 SERRA DR Payments issued for BALANCE SHEET $6,551.25 CAPITAL IMPROVEMENTS BLAISDELL'S BUSINESS PRODUCTS 8/3/2016 2520411135827-0 E 510-99999-5999 489.25 GRAND LIBRARY FURNITURE/ SHELVING 8/3/2016 2520411135827-1 E 510-99999-5999 5,245.05 GRAND LIBRARY FURNITURE/ SHELVING BORTOLUSSI & WATKIN, INC 8/10/2016 2522412 E 510-99999-5999 227,250.34 CONSTRUCTION, GATEWAY ASSESSMENT IMPRO CIVIL ENGINEERS SCHAAF & WHEELER CONSU8/10/2016 25229127158 E 740-99999-5999 8,011.50 ON-CALL WATER RESOURCES SERVICES FEDEX 8/3/2016 2520725-495-94171 E 510-99999-5999 38.78 FEDEX SERVICES; PROJECT AGREEMENTS FOR CI KSM PRINTING 8/5/2016 25218725380 E 510-99999-5999 105.12 PLANS AND SPECS PRINTING SERVICES FOR 2016 LOWE'S CREDIT SERVICES 7/29/2016 251998915692 E 510-99999-5999 -643.91 RETURN OF OPERATING SUPPLIES FOR SO. AIRPO NORTHWEST DEMOLITION INC. 8/10/2016 2522791 E 510-99999-5999 55,161.75 CONSTRUCTION, FRANCISCO TERRACE RETAININ SSA LANDSCAPE ARCHITECTS, INC.8/10/2016 2522975499 E 510-99999-5999 3,803.72 ON-CALL LANDSCAPE ARCHITECTURAL SERVICES SWA GROUP 8/10/2016 252302166853 E 510-99999-5999 10,136.42 CONSULTING SERVICES, CALTRAIN STATION PLAZ SWINERTON MGMT & CONSULTING 8/10/2016 25230314100038-16 E 710-99999-5999 18,980.00 PROGRAM MANAGEMENT SERVICES FOR VARIO 8/10/2016 25230314100038-16 E 510-99999-5999 9,040.50 PROGRAM MANAGEMENT SERVICES FOR VARIO 8/10/2016 25230314100038-18 E 510-99999-5999 13,020.00 PROGRAM MANAGEMENT SERVICES FOR VARIO 8/10/2016 25230314100038-18 E 710-99999-5999 21,270.00 PROGRAM MANAGEMENT SERVICES FOR VARIO 8/10/2016 25230314100038-19 E 510-99999-5999 24,070.00 PROGRAM MANAGEMENT SERVICES FOR VARIO 8/10/2016 25230314100038-19 E 710-99999-5999 10,150.00 PROGRAM MANAGEMENT SERVICES FOR VARIO 8/10/2016 25230314100038-20 E 710-99999-5999 9,445.00 PROGRAM MANAGEMENT SERVICES FOR VARIO 8/10/2016 25230314100038-20 E 510-99999-5999 11,550.00 PROGRAM MANAGEMENT SERVICES FOR VARIO 8/10/2016 25230314100038-21 E 710-99999-5999 16,600.00 PROGRAM MANAGEMENT SERVICES FOR VARIO 8/10/2016 25230314100038-21 E 510-99999-5999 8,202.50 PROGRAM MANAGEMENT SERVICES FOR VARIO Thursday, August 11, 2016 Page 29 of 30 VENDOR NAMEDATE CHECK #INVOICE #ACCOUNT #AMOUNT DESCRIPTION Payments issued between and7/28/2016 8/10/2016 -City of South San Francisco CAPITAL IMPROVEMENTS SYSKA HENNESSY GROUP INC 8/10/2016 252304707990 E 510-99999-5999 2,716.80 ON CALL ELECTRICAL ENGINEERING SERVICES Payments issued for CAPITAL IMPROVEMENTS $454,642.82 DESIGNATED FUND BALANCE JOSEPH HUNZIKER 7/29/2016 2519967/28/16 Cash AdvanceB 280-27402 500.00 CASH ADVANCE SENIOR SVC AND SUPPLIES MARA CONSTRUCTION 8/10/2016 252275B16-1094 B 280-27465 7.50 REIMBURSEMENT OF CANCELLED PERMIT 623 C ROUND TABLE PIZZA 7/29/2016 252023cc329859 B 280-27432 122.87 COMMUNITY OUTREACH EXPENSES SAN MATEO COUNTY TRANSIT DISTR7/29/2016 252014616272 B 280-27402 396.00 JUNE 1-JUNE 30 2016 SENIOR REDI-WHEELS ONE SMART & FINAL STORES LLC 8/10/2016 252310cc330550 B 280-27463 35.99 SH - IPP EVENT REFRESHMENTS 8/10/2016 252310cc330551 B 280-27463 14.01 SH - IPP REFRESHMENTS 8/10/2016 252310cc330556 B 280-27405 21.67 SH - TABLECLOTH SOUTHWEST AIRLINES 8/10/2016 252310CC330488 B 280-27411 2,723.88 MS - AIRFARE FOR (3) OFFICERS FUNERAL IN BAT STARBUCKS 8/10/2016 252310cc330554 B 280-27463 22.05 SH - IPP EVENT COFFEE Payments issued for DESIGNATED FUND BALANCE $3,843.97 REFUNDS/REIMBURSEMENTS BC CONSOLIDATED HOLDINGS LLC 8/5/2016 252158P15-0076 R 270-00000-35603 1,712.00 CITY ATTORNEY REIMBURSEMENT - 1405 HUNTI CORRINE TSANG 8/5/2016 252222791012 R 100-00000-35705 7.00 FINES AND FEES REFUND DAVE THEISEN 8/10/2016 252308B15-1009 R 100-00000-32101 1.34 PERMIT REFUND 141 KNOLL CIRCLE 8/10/2016 252308B15-1009 R 730-00000-38501 593.04 PERMIT REFUND 141 KNOLL CIRCLE 8/10/2016 252308B15-1009 R 270-00000-35101 50.91 PERMIT REFUND 141 KNOLL CIRCLE EMPLOYEE BENEFIT SPECIALISTS 8/5/2016 2521707/28/16 AUG16 E 783-00000-4342 223,822.10 AUGUST 2016 HEALTH INSURANCE PREMIUMS 8/5/2016 2521707/28/16 AUG16 E 783-00000-4341 588,049.50 AUGUST 2016 HEALTH INSURANCE PREMIUMS 8/5/2016 2521707/28/16 AUG16 E 783-00000-4349 28,084.12 AUGUST 2016 HEALTH INSURANCE PREMIUMS LAURA GIGI 8/10/2016 2522627/25/16 SC PROP LTR R 241-00000-36001 850.00 380 ALTA VISTA - SECURITY DEPOSIT RETURN MARA CONSTRUCTION 8/10/2016 252275B16-1094 R 270-00000-35101 37.50 REIMBURSEMENT OF CANCELLED PERMIT 623 C NEOPOST USA INC 8/1/2016 889666158/1/16 E 110-00000-5027 4,000.00 CITYWIDE POSTAGE METER REPLENISHMENT NORMA BAUMAN 8/3/2016 252040762622 R 100-00000-35705 15.00 FINES AND FEES REIMBURSEMENT Payments issued for REFUNDS/REIMBURSEMENTS $847,222.51 TOTAL PAYMENTS FOR PERIOD $2,339,892.97 Thursday, August 11, 2016 Page 30 of 30 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:16-655,Version:1 ReportregardingaresolutionapprovingaMemorandumofAgreementbetweentheCityofSouthSan FranciscoandtheSanMateoCountyFloodControlDistrictforsharedmaintenanceservicesoftheColma CreekFloodChannelandamendingthePublicWorksDepartmentFiscalYear2016-2017operatingand revenue budget in an amount of $33,000.(Justin Lovell, Public Works Administrator) RECOMMENDATION ItisrecommendedthattheCityCounciladoptaresolutionapprovingaMemorandumofAgreement betweentheCityofSouthSanFrancisco(City)andtheSanMateoCountyFloodControlDistrict (District)forsharedmaintenanceservicesoftheColmaCreekFloodChannel,authorizingtheCity ManagertoexecutesaidagreementandamendingthePublicWorksDepartmentFiscalYear2016-2017 operating and revenue budget in an amount of $33,000. BACKGROUND/DISCUSSION TheColmaCreekFloodControlChannelprovidesdrainageforthewatershedwhichcoverspartsof unincorporatedSanMateoCounty,SouthSanFrancisco,Colma,andpartsofDalyCity,leadingintotheSan FranciscoBay.TheportionoftheColmaCreekFloodControlChannelwithinthebordersofSouthSan Franciscobeginsapproximately500feetnorthofMcLellanDriveandcontinuesdownstreamtotheconfluence withtheSanBrunonavigablesloughlocatednearthecornerofHarborWayandLittlefieldAvenue.Although propertyownershipalongthisstretchofColmaCreekvaries,theDistrictmaintainsaccessandperformsoverall maintenance of the channel. ThecompetingmaintenanceprioritieswithinSanMateoCountyhavemadeitdifficultfortheDistrictto respondquicklytomaintenancerequestsfortheportionsofColmaCreekFloodControlChannelwhichare withinthecity’sboundaries.DiscussionsbetweenCityandtheDistrictstaffidentifiedaneedtobettermanage andmoreeffectivelyrespondtovegetationmanagement,abatementofgraffiti,vandalism,illegaldumping, illegalencampments,minormaintenance,andtrashdisposalwithintheColmaCreekFloodControlChannel. Throughthesediscussions,staffforbothagenciesdeterminedthatasharedmaintenanceagreementwouldbe beneficialinaddressingtrashmanagementandMunicipalRegionalStormPermitcompliance.Citystaffwill useexistingresourcestoaddressthemaintenanceworkidentifiedinthesharedmaintenanceservices.The District’sTechnicalAdvisoryCommittee,comprisedofPublicWorksDirectorsofDalyCity,Colma,South SanFrancisco,SanBruno,andSanMateoCountyPublicWorksDepartmentstaffhavedraftedaMemorandum ofAgreement(MOA)whichhasbeenreviewedbytheDistrict’sCitizenAdvisoryCommitteeandapprovedby the City’s and District’s legal staff. The MOA is attached to the resolution. Aspartoftheagreement,boththeDistrictandtheCitywillcoordinateeffortsandregularlyreporton maintenanceprogress.TheMOAisdividedintomaintenanceprogramstargetingclean-upofillegal encampments,trashclean-up,abatementofgraffitiandvandalism,vegetationmanagement,andminor maintenance.CitystaffwillworkwithDistrictstaffonaquarterlybasistoidentifyhotspotsandareasinneed ofmaintenance.CitystaffwillbilltheDistrictona“timeandequipment”basisforreimbursementofthe maintenanceperformedoftheColmaCreekFloodControlChannel.TheagreementallowstheCitytorespond to urgent maintenance needs such as fence repairs, graffiti abatement or illegal encampment removal. City of South San Francisco Printed on 8/18/2016Page 1 of 2 powered by Legistar™ File #:16-655,Version:1 FUNDING TheDistrictwillreimbursetheCityforanyoftheexpensesincurredforthemaintenanceoftheColmaCreek FloodControlChannelupto$100,000overaperiodofthreeyears.Itisestimatedthatapproximately$33,000 worth of maintenance work will be expended and reimbursed each year. CONCLUSION TheMOAenablesboththeCityandtheDistricttocombineandutilizetheirresourcestoeffectivelymaintain theColmaCreekFloodControlChannelandaddresstrashmanagementasrequiredbytheMunicipalRegional Permit. City of South San Francisco Printed on 8/18/2016Page 2 of 2 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:16-656,Version:1 ResolutionapprovingaMemorandumofAgreementbetweentheCityofSouthSanFranciscoandtheSan MateoCountyFloodControlDistrictforsharedmaintenanceservicesoftheColmaCreekFloodControl Channel and amending the Public Works Department Fiscal Year 2016-2017 Operating Budget by $33,000. WHEREAS,aportionoftheColmaCreekFloodControlChannelfinanced,constructed,andmaintainedbythe SanMateoCountyFloodControlDistrict(“theDistrict”)lieswithintheincorporatedlimitsoftheCityof South San Francisco (“the City”); and WHEREAS,theCityandtheDistricthaveidentifiedaneedforacollaborativeeffortandsharingofresources invegetationmanagement,abatementofgraffiti,vandalism,illegaldumping,illegalencampments,minor maintenanceefforts,andthecollectionanddisposaloftrashanddebrisdepositedinandaroundtheColma Creek Flood Control Channel in the City; and WHEREAS, trash in the creeks and waterways is detrimental to the community and to the environment; and WHEREAS,theCityandtheDistricthaveimplementedprogramsthatincludetheremovaloftrashalong creeksandwaterwaystocomplywiththeNationalPollutantDischargeEliminationSystemMunicipalRegional Stormwater Permit issued by the San Francisco Bay Regional Water Quality Control Board; and WHEREAS,theCityhastheresourcesandcurrentprogramstoassistinthemanagementofvegetation,graffiti, vandalism,illegaldumping,illegalencampments,andminormaintenanceinandaroundtheColmaCreek Flood Control Channel in the City; and WHEREAS,theCityandtheDistrictdesiretoenterintoaMemorandumofAgreementtoutilizeCityresources forvegetationmanagement,abatementofgraffiti,vandalism,illegaldumping,illegalencampments,minor maintenance,andtrashpreventionandremovalactivitieswithinandadjacenttotheColmaCreekFloodControl Channel; and WHEREAS,theCityandDistrictaregovernmentagenciesdulyauthorizedandexistingunderthelawsofthe State of California, and situated within the boundaries of the County of San Mateo; and WHEREAS,GovernmentCodesection54981allowsthelegislativebodyofanylocalgovernmentagencyto contract with another agency for performance of municipal services or functions; and WHEREAS,GovernmentCodesection6502providesthat,ifauthorizedbytheirlegislativeorothergoverning bodies, two or more public agencies may, by agreement, jointly exercise any power common to the parties. NOWTHEREFORE,BEITRESOLVED,bytheCityCounciloftheCityofSouthSanFranciscothattheCity CouncilherebyapprovestheMemorandumofAgreementbetweentheCityofSouthSanFranciscoandtheSan MateoCountyFloodControlDistrictforColmaCreekFloodControlChannelmaintenance,attachedheretoasCity of South San Francisco Printed on 9/1/2016Page 1 of 2 powered by Legistar™ File #:16-656,Version:1 MateoCountyFloodControlDistrictforColmaCreekFloodControlChannelmaintenance,attachedheretoas Exhibit A. BEITFURTHERRESOLVEDthattheCityCounciloftheCityofSouthSanFranciscoauthorizestheFinance DepartmenttoamendthePublicWorksDepartmentFiscalYear2016-2017OperatingBudgetby$33,000and establish a revenue budget of $33,000 for estimated expenditures and revenues associated with the agreement. BEITFURTHERRESOLVEDthattheCityManagerisherebyauthorizedtoexecutetheMemorandumof Agreement on behalf of the City, subject to approval as to form by the City Attorney. BEITFURTHERRESOLVED,thattheCityManagerisauthorizedtoexecuteanyrelateddocuments,tomake anyrevisions,amendments,ormodifications,deemednecessarytocarryouttheintentofthisResolutionwhich donotmateriallyalterorincreasetheCity’sobligationsthereunder,andsubjecttoapprovalastoformbythe City Attorney. ***** City of South San Francisco Printed on 9/1/2016Page 2 of 2 powered by Legistar™ 1 MEMORANDUM OF AGREEMENT between the CITY OF SOUTH SAN FRANCISCO and the SAN MATEO COUNTY FLOOD CONTROL DISTRICT (COLMA CREEK FLOOD CONTROL CHANNEL MAINTENANCE) This Memorandum of Agreement (‘MOA’), made and entered into this ______ day of ___________, 2016, by and between the City of South San Francisco (“City”), a municipal corporation of the State of California, and the San Mateo County Flood Control District ("District"), a special district in County of San Mateo, State of California. WHEREAS, a portion of the Colma Creek Flood Control Channel financed, constructed, and maintained by District lies within the incorporated limits of the City; and WHEREAS, the City and District have identified a need for a collaborative effort and sharing of resources in vegetation management, abatement of graffiti, vandalism, illegal dumping, illegal encampments, minor maintenance efforts, and the collection and disposal of trash and debris deposited in and around the Colma Creek Flood Control Channel in the City; and WHEREAS, trash in the creeks and waterways is detrimental to the community and to the environment; and WHEREAS, the City and District have implemented programs that include the removal of trash along creeks and waterways to comply with National Pollutant Discharge Elimination System Municipal Regional Stormwater Permit issued by the San Francisco Bay Regional Water Quality Control Board; and WHEREAS, the City has the resources and current programs to assist in the management of vegetation, graffiti, vandalism, illegal dumping, illegal encampments, and minor maintenance in and around the Colma Creek Flood Control Channel in the City; and WHEREAS, the City and District desire to enter into a Memorandum of Agreement to utilize City resources for vegetation management, abatement of graffiti, vandalism, illegal dumping, illegal encampments, minor maintenance, and trash prevention and removal activities within and adjacent to the Colma Creek Flood Control Channel; and WHEREAS, the City and District are government agencies duly authorized and existing under the laws of the State of California, and situated within the boundaries of the County of San Mateo; and WHEREAS, Government Code section 54981 allows the legislative body of any local government agency to contract with another agency for performance of municipal services or functions; and WHEREAS, Government Code section 6502 provides that, if authorized by their legislative or other governing bodies, two or more public agencies may by agreement jointly exercise any power common to the parties. NOW, THEREFORE, in consideration of their mutual covenants in this Memorandum of Agreement, the CITY and DISTRICT agree as follows: dra f t Exhibit A: Draft Agreement 2 I. TERMS AND CONDITIONS A. Term of MOA The term of this MOA shall be from the date first set forth above to June 30, 2019. This MOA may be terminated pursuant to Section J. B. Authorizations The City Manager is authorized to approve extensions to the term of this MOA, to modify due dates, to resolve conflicts, or otherwise grant approvals on behalf of the City, provided such approvals are not vested in the authority of the City Council, and provided that any approval requiring payment of funds in excess of appropriated funds shall require City Council approval of the appropriation of those funds. The Director of the San Mateo County Department of Public Works, serving as the County Board of Supervisors’ designee and the District's Administrative Officer, is authorized to approve the extension of the term of this MOA, to modify due dates, to resolve conflicts, or otherwise grant approvals on behalf of District, provided that any approval requiring payment of funds in excess of appropriated funds requires the County Board of Supervisors’ approval of the appropriation of those funds. C. Insurance Each party shall maintain a program of self-insurance or excess insurance, or any combination thereof, and shall name the other party as an additional insured thereto to protect against any liability for bodily injury or property damage arising out of, or in connection with, the performance of the insuring party, its appointed or elected officials, officers, agents, and employees, under this MOA. The liability coverage under such program of self- insurance or excess insurance shall not be less than Two Million Dollars ($2,000,000) combined single limit for each occurrence. Each party shall supply a certificate of self- insurance to the other party on or before the time of execution of this MOA. Each party shall notify the other party in writing prior to any termination of such self-insurance program. D. Indemnification Pursuant to Government Code section 895.4, each party agrees to fully indemnify, defend, and hold the other party (including its appointed and elected officials, officers, employees, and agents) harmless from any damage or liability imposed for injury (as defined by Government Code section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying party, its appointed or elected officials, officers, employees, or agents, under or in connection with any work, authority, or jurisdiction delegated to such party under this MOA. No party, nor any appointed or elected official, officer, employee, or agent thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of the other party hereto, its appointed or elected officials, officers, employees, or agents, under or in connection with any work, authority, or jurisdiction delegated to such other party under this MOA. E. Amendment This MOA may be amended at any time upon the written mutual approval of the parties. dra f t Exhibit A: Draft Agreement 3 F. Notices Any and all notices required to be given hereunder shall be deemed to have been delivered upon deposit in the United States mail, postage prepaid, addressed to either of the parties at the following address or such other address as is provided by either party in writing: To City: City of South San Francisco P.O. Box 711 South San Francisco, CA 94083 Attn: Director, Public Works To District: San Mateo County Flood Control District 555 County Center, 5th Floor Redwood City, CA 94063 Attn: Director, Public Works G. Severability If any provision of this MOA shall be held to be invalid, void, or unenforceable, the validity, legality, or enforceability of the remaining portions hereof shall not in any way be affected or impaired thereby. H. Entire Agreement This MOA, together with Exhibit A and Exhibit B attached hereto and incorporated herein contains the entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior negotiations, documents, and discussions pertaining thereto. I. Debt Limitation The City and District are both subject to laws or policies which limit their ability to incur debt in future years. Nothing in this MOA shall constitute an obligation of future legislative bodies of the City or District to appropriate funds for purposes of this MOA. J. Termination Either party may terminate this MOA by providing the other party with written notice of termination, no less than thirty (30) days prior to the effective date of termination. K. Conflict of Interest The City and the District shall each avoid all conflicts of interest in the performance of this MOA and shall immediately notify the other should a conflict of interest arise that would prohibit or impair the party's ability to perform under this MOA. L. Non-Discrimination Neither the City nor District will discriminate, in any way, against any person on the basis of race, sex, color, age, religion, sexual orientation, actual or perceived gender identification, disability, ethnicity, or national origin, in connection with or related to the performance of this MOA. M. Limitations Sites that may require the performance of the activities under the terms of this MOA must satisfy all of the following: (i) within the limits of the City, (ii) in or immediately adjacent to dra f t Exhibit A: Draft Agreement 4 the Colma Creek Flood Control Channel as depicted on Exhibit A, and (iii) subject to a City and/or District right-of-way, easement, or permit. Other sites not meeting the requirements of (i), (ii), and (iii) of this subsection are not covered under this MOA. N. Disputes The City and District agree that, with regard to all disputes or disagreements arising under this MOA which are not resolved informally at the staff level after a good faith attempt by both parties, the parties may, at their sole and mutual discretion, agree to engage in mediation. The costs of the mediation shall be divided equally between the parties, unless otherwise agreed. O. Payment for Services In consideration of the services provided by the City or the City’s contractors within District right-of-way, easement or future easements as depicted on Exhibit A in accordance with all terms, conditions, and scope set forth herein, the District shall make payment to the City based on the rates and in the manner specified. The City shall submit an invoice to the District upon completion of District-authorized work. Said invoice shall include an accounting of all charges for personnel, material, equipment, and/or outside services which the City shall have used for the performance of the work and a description of the work performed including dates of the work performed. Payments shall be in accordance with the rates described in Exhibit B. Every July 1, the City may notify the District in writing of any rate adjustments as identified in Exhibit B. Rate adjustments are subject to District approval. District shall make payment within thirty (30) days of receipt of invoice. In no event shall District’s total fiscal obligation under the term of this MOA exceed One Hundred Thousand Dollars and No/100s ($100,000.00). Invoices shall be submitted on a monthly basis whenever work is performed under this MOA. II. DEFINITIONS A. Channel - The Colma Creek Flood Control Channel financed, constructed, and maintained by District from the confluence with the Navigable Slough (also known historically as San Bruno Creek/Canal/Slough) to the general vicinity of the intersection of El Camino Real and Valley Street in the City of Daly City. B. Active Illegal Encampment - An illegal encampment that appears to have been recently used as an encampment site as evidenced by (i) the presence of persons at or around the encampment, or (ii) the organized, systematic and methodical appearance of the encampment where it would be reasonable to assume that it is currently being used as an encampment. C. City Waste - All wastes generated by or collected by the City in the performance of all municipal services, including Grit and Screenings, but excluding Sewage Sludge or other residue from waste-water treatment facilities, and including, but not limited, to debris from street and sewer repairs and construction, debris from public and private lot clean-up operations, tires from municipal vehicles, debris from street sweepings, grass clippings, leaves and tree trimmings from maintenance of City parks, streets, median strips, and property, rock and concrete not exceeding a non-diagonal dimension of four (4) feet, asphalt pavement as found in streets, tree stumps and branches no more than eight (8) feet long and no more than two (2) feet in diameter, bulky wastes such as large appliances and furniture found in clean-up operations of real property, parks or other public or private lands, and other similar wastes generated by or collected by the City of South San Francisco. Except as provided in this Section II.B, City Waste shall not include residential garbage and rubbish, or dra f t Exhibit A: Draft Agreement 5 commercial garbage and rubbish that is generated by private individuals or private businesses and is regularly collected by the City’s waste hauler from private property. D. Grit and Screenings - Grit includes sand, gravel, cinder, or other heavy solid materials that are “heavier” (higher specific gravity) than the organic biodegradable solids in wastewater. Grit also includes eggshells, bone chips, seeds, coffee grounds, and large organic particles, such as food waste. Screenings are suspended solids or objects such as rags, paper, plastics, and metals to prevent damage and clogging of downstream equipment, piping, and appurtenances. E. Hazardous Waste - A solid waste, or combination of solid wastes, which, because of its quantity, concentration, or physical, chemical, or infectious characteristics may: (i) cause, or significantly contribute to an increase in mortality, or an increase in serious irreversible, or incapacitating reversible illness; or (ii) pose a substantial, present, or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed. F. Illegal Encampment - A camp located in or immediately adjacent to the Colma Creek Flood Control Channel within the City that has not been permitted by the City, District, and/or other agencies with jurisdiction to regulate that camping activity. G. Inactive Illegal Encampment - An illegal encampment that does not appear to have recently been used as an encampment as evidenced by: (i) the lack of persons at or around the encampment, and (ii) the unorganized, unmethodical, unsystematic, haphazard appearance of the encampment where it would be reasonable to assume that it was abandoned. H. Right-of-Way - Recorded deed for property, either in form of fee title ownership or easement. I. Sewage Sludge - Sewage sludge are nutrient-rich organic materials resulting from the treatment of domestic sewage in a wastewater treatment facility. J. Trash - All illegal dumping and improperly discarded waste material, including, but not limited to, shopping carts, tires, furniture, pallets, convenience food, beverage, and other product packages or containers constructed of steel, aluminum, glass, paper, plastic, and other natural and synthetic materials, thrown or deposited on the lands and waterways within the City. For the purposes of this MOA, Trash does not include sediment or vegetation; except for yard waste that is illegally disposed in or along the Colma Creek Flood Control Channel. K. Universal Waste - Any of the following hazardous wastes that are subject to the universal waste requirements of 40 CFR part 273 or CCR Title 22, Division 4.5, Chapter 23, including: (1) Batteries as described in § 273.2; (2) Pesticides as described in § 273.3; (3) Mercury- containing equipment as described in § 273.4; and (4) Lamps as described in § 273.5. (source: 40 CFR §273.9) L. Advisory Committee – The Colma Creek Flood Control District Citizens Advisory Committee dra f t Exhibit A: Draft Agreement 6 III. SCOPE A. MOA Administration 1. Quarterly Channel Inspections The City and District shall each designate lead staff from their respective organizations to perform quarterly tandem inspections of the Channel from the confluence of Colma Creek and Navigable Slough to five hundred (500) feet upstream of the McClellan Avenue crossing (City boundary). Staff shall inspect areas within and adjacent to the Channel. The quarterly inspections shall: Identify issues related to maintenance needs, including litter problem areas, illegal dumping sites, abandoned shopping carts, graffiti, vandalism, Active and Inactive Illegal Encampments, areas in need of vegetation maintenance, including those areas within the Channel and along access roads, and fence repair needs along the Channel. 2. Reporting a. The City shall prepare an Annual Report. i. The Annual Report for each fiscal year (July 1 – June 30) shall be prepared and submitted to District by the City by July 31 of each year this MOA is in effect. ii. The Report must include at a minimum the following: • Status, accomplishments, and requests to be completed under this MOA; • Number of sites, site locations, and amount of material collected during all clean- up programs or projects under this MOA; • Number of sites and site locations of Illegal Encampments removed under this MOA; • Actual expenditures under this MOA. iii. The information provided pursuant to (ii.) above, and other appropriate metrics, shall be used to determine the success of the maintenance program, and generate information that supports Municipal Regional Stormwater Permit reporting. b. The Annual Report shall be submitted by District to the Advisory Committee each calendar year for the Advisory Committee’s September meeting. 3. Environmental Permitting For maintenance activities in and around the Colma Creek Flood Control Channel that require regulatory agency approval, District shall ensure that proper permits are obtained prior to the commencement of said maintenance activities. B. Illegal Encampment Clean-up Program The Illegal Encampment clean-up program focuses on the cleanup of Active and Inactive Illegal Encampment sites and is led by the City on an as-needed basis. 1. City Actions The City shall: dra f t Exhibit A: Draft Agreement 7 a. Coordinate site identification, which includes the identification of the sites and verification (in collaboration with District staff) that the sites are within the City limits, that either District or the City has right-of-way on the sites, and that the sites are in or adjacent to the Colma Creek Flood Control Channel; b. Coordinate site logistics, which includes coordinating the timing of the clean-ups; and coordinating with the District on services and supplies needed as described under District Actions for this program; c. Provide clean-up personnel and supervision, which includes providing sufficient personnel and supervision to conduct the cleanup. Alternately, the City may contract with another entity to provide personnel for clean-up of Active Illegal Encampments. The City shall ensure that notices of the clean-up are posted by the City at least seventy-two (72) hours prior to the clean-up date of the sites. d. Coordinate appropriate social services, which includes coordinating appropriate and available resources to attend clean-ups and direct any encampment occupants to social services as needed; e. Provide disposal of non-hazardous wastes, which includes the acceptance at an appropriate disposal facility of materials meeting all of the following conditions: i. Materials meet the definition of "Trash"; ii. Materials include only Trash from this clean-up program; no other materials may be commingled with the material collected pursuant to this MOA; iii. Any vehicle or container used for this purpose must be empty at the start of the clean-up and must be dumped at the end of the clean-up without being used for any other purpose; all containers must be secured to prevent unauthorized deposition of waste in the containers; iv. Materials include no Hazardous Wastes (such as containers of fuel, paint, or chemicals), Universal Wastes (such as batteries, lamps, televisions, or other electronic waste), sediment or vegetation, or other materials banned from landfill disposal (such as tires, appliances, motor vehicles, and other large metallic discards); v. Delivery is accompanied by properly completed forms; and vi. All regulations at the disposal facility shall be observed by disposal vehicle drivers. f. Lawfully manage personal possessions, which include the receipt, storage, and management by the City of personal possessions collected during clean-ups. 2. District Actions The District shall: a. Ensure permit coverage, which includes obtaining appropriate permits for performing maintenance work in and around the Colma Creek Flood Control Channel; b. Provide notifications when appropriate and coordinate with permitting agencies when requested by the City. 3. Standard Operating Procedures a. The parties agree that all clean-up of Illegal Encampments under the encampment clean-up program will be performed in accordance with the City’s standard procedures. b. The City procedures may be amended from time to time by the City. dra f t Exhibit A: Draft Agreement 8 C. Trash Clean-Up Program The Trash Clean-Up Program helps address the clean-up of Trash accumulations that fall outside the scope of the encampment cleanup program. It is coordinated by City and District staff through the Quarterly Channel Inspections described in Section III.A.1 of this MOA. Sites must be located within the Colma Creek Flood Control Channel right-of-way, easement, and the boundaries of the City. 1. Site Identification: a. City and District staff will identify the Trash Clean-Up Program sites, using the following criteria for prioritization: i. Site is a historically-reoccurring litter problem area ii. Site has received complaints from the public iii. Site provides opportunity for proactive intervention iv. Site has a significant accumulation of debris 2. Implementation City and District staff will coordinate logistics and responsibilities on an annual basis. a. Program List – The City shall develop, maintain, and distribute to appropriate City and District personnel a list of trash prevention and removal programs and their associated staff contacts. This list is intended to improve coordination and make communications with residents more seamless. b. Coordinating Operations – The City and District shall, as part of their annual work planning, consider opportunities to manage and schedule routine clean-up activities performed by both parties with the intent of providing equitable exchange of services. D. Abatement of Graffiti and Vandalism The City and District will work collaboratively on graffiti and vandalism abatement programs. Recognizing that timely abatement of graffiti and vandalism discourages proliferation of associated illegal activities, District authorizes the City to abate upon notice by any party. Graffiti and Vandalism Abatement: a. Graffiti and Vandalism abatement may be conducted by the City. b. The City shall provide photographs of graffiti that was removed (before and after) as a condition of reimbursement for services provided under this MOA. c. Proper best management practices (BMPs) shall be followed to ensure compliance with water quality laws and regulations, including, but not limited to, BMPs for methods of proper capture and disposal of wastes generated during graffiti removal activities. E. Vegetation Management The City and District will work collaboratively on vegetation management within the Colma Creek Flood Control Channel right-of-way and access road areas. Vegetation Management: dra f t Exhibit A: Draft Agreement 9 a. Vegetation removal within the Channel and access road areas may be conducted by the City upon request by the District. b. Vegetation removal within the Channel shall not occur unless the necessary permit coverage has been obtained by District. c. Proper best management practices (BMPs) shall be followed to ensure compliance with water quality laws and regulations, including, but not limited to, BMPs for methods of proper capture and disposal of debris generated during vegetation removal activities. F. Minor Maintenance The City and District will work collaboratively on identifying and performing minor repairs to the following, but not limited to, facilities within the Colma Creek Flood Control Channel right-of-way and access road areas: • Fences, posts, cables, and gates. • Flap gates, valves, and other flow restriction devices. • Concrete or asphalt pavement/sidewalk. When requested by District, the City shall submit a proposal that includes a scope of work and anticipated costs. District shall authorize the proposed work by the City prior to commencement of repairs. Reimbursement for actual costs shall be in accordance with the terms under Section I-O, “Payment for Services”. [SIGNATURES ON FOLLOWING PAGE] dra f t Exhibit A: Draft Agreement 10 IN WITNESS WHEREOF, the parties hereto, by their duly authorized representatives, have executed this Memorandum of Agreement. “City” “District” CITY OF SOUTH SAN FRANCISCO, PUBLIC WORKS DIRECTOR ACTING a California municipal corporation AS THE ADMINISTRATOR OF THE SAN MATEO COUNTY FLOOD CONTROL DISTRICT By: __________________________ By: __________________________ Name: _______________________ Title: ________________________ Date__________________________ Date: ________________________ Authorized by Attest: Resolution No.: ______________ By: _____________________________ _____________________________ Name: ________________________ Clerk of the Board of Supervisors Title: ___________________________ Date:_________________________ Adopted: ____________________, 2016 APPROVED AS TO FORM: APPROVED AS TO FORM: __________________________ _____________________________ Jason Rosenberg, City Attorney Deputy County Counsel Date: _______________________ Date: _________________________ EXHIBITS: A – Colma Creek Flood Control Channel Right-of-Way Map B – City of South San Francisco Labor, Material, and Equipment Rates dra f t Exhibit A: Draft Agreement EXHIBIT “A” COLMA CREEK FLOOD CONTROL CHANNEL RIGHT-OF-WAY MAP dra f t Exhibit A: Draft Agreement draft Exhibit A: Draft Agreement draft Exhibit A: Draft Agreement draft Exhibit A: Draft Agreement draft Exhibit A: Draft Agreement draft Exhibit A: Draft Agreement draft Exhibit A: Draft Agreement draft Exhibit A: Draft Agreement draft Exhibit A: Draft Agreement draft Exhibit A: Draft Agreement draft Exhibit A: Draft Agreement EXHIBIT “B” CITY OF SOUTH SAN FRANCISCO LABOR, MATERIALS, AND EQUIPMENT RATES Position Hourly Charge Public Works Director/City Eng. 150.00 PW Program Manager 100.00 Administrative Assistant 60.00 PW Maint. Worker 65.00 Electrical Tech 90.00 Sweeper Operator 70.00 Parks Maint. Worker 65.00 Police Officer 110.00 Police Sgt. 130.00 Safety Inspector 110.00 Equipment (Caltrans Rate Description) Hourly Charge Truck (6,000-12,000 GVW) 26.95 Truck (12,000-20,000 GVW) 33.06 Backhoe (JCB 314 Loader w/ Backhoe) 54.61 Bucket Truck (12,000-20,000 GVW w/ boom type lift 25-50ft) 71.69 Crane (truck 48,000-60,000 GVW w/ boom type lift 25-50ft) 102.56 Sweeper (Vacuum sweeper w/ 6 yd. hopper) 166.60 Jetter* 105.00 Vac-Con* 175.00 * Not in the Caltrans List of Equipment dra f t Exhibit A: Draft Agreement City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:16-692,Version:1 Reportregardingaresolutionauthorizingtheacceptanceof$9,853.21indonationsandgrantstosupportthe Library’sSummerLearningChallengeandCommunityLearningCenter(CLC)programsandamendingthe Library Department’s Fiscal Year (FY) 2016-2017 Operating Budget. (Valerie Sommer, Library Director) RECOMMENDATION ItisrecommendedthattheCityCounciladoptaresolutionacceptingdonationsintheamountof$2,500 andagrantof$1,381.21tosupporttheLibrary’sSummerLearningChallenge,and$5,972tosupport CommunityLearningCenterprogramsandamendingtheLibraryDepartment’sFY2016-2017 Operating Budget. BACKGROUND/DISCUSSION TheLibraryhasreceiveddonationstotaling$2,500fromlocalbusinessesandcommunitygroups,listedbelow, tosupportthe2016SummerLearningChallenge.Thisannualprogramhelpspreventlearninglossand encourageschildrenandteenstoreadduringtheschoolbreak.TheSummerLearningChallengealsoprovides manySTEAM(Science,Technology,Engineering,Art,andMath)learningopportunitiesincludingScience Club,BookClubs,Makerspace,craftprogramsandmore.Thebreakdownofthespecificdonationsreceivedis as follows: ·$50 from the South San Francisco Host Lions Club ·$200 from Library Board Member Cisca Hansen ·$500 from First National Bank of Northern California ·$500 from Kiwanis Club of South San Francisco ·$500 from South San Francisco Scavenger Company ·$750 from South San Francisco Friends of the Library Inadditiontothesedonations,SouthSanFrancisco,asamemberofthePeninsulaLibrarySystem,received twosetsofeventticketsperweektobeawardedtochildrenparticipatingintheSummerLearningChallengeat eachofthelibrarylocationsinSouthSanFrancisco.TheticketsincludedeventssuchastheSanMateoCounty Fair, a Giant’s game, local museums, and other local venues. TheLibrarywasalsoawardedagrantintheamountof$1,381.21fromtheCaliforniaLibraryAssociation (CLA)aspartoftheRe(a)dZoneoutreachprogramtopurchasesuppliesandmaterialsrelatedtovideogame programming.TheseprogramsareusedtoengagechildrenandteensintheSummerLearningChallenge, encouragecooperativeplayandlearning,aswellasstrengthencommunicationandsocialskillsthroughpeer interactions. Molloy’sTavern,locatedinColma,heldthe37th AnnualChiliCook-offfundraiseronJune5,2016,tobenefit theCommunityLearningCenter(CLC).ThisfundraiserhassupportedtheCLCforseveralyearsandthis year’seventresultedinadonationof$5,972.TheCLCwasestablishedtoassistfamiliesinreachingtheir City of South San Francisco Printed on 8/18/2016Page 1 of 2 powered by Legistar™ File #:16-692,Version:1 year’seventresultedinadonationof$5,972.TheCLCwasestablishedtoassistfamiliesinreachingtheir educationgoalsandoffersservicesincludingcomputerclasses,citizenshiptrainings,after-schoolacademic supportforchildren,andnativelanguageliteracyservices.Additionally,theCLCregularlyworkswithother agencies and educators to provide special programs or classes to community members. FUNDING DonationswillbeusedtoamendtheLibraryDepartment’scurrentFY2016-2017OperatingBudget.Fundsnot expendedinFY2016-2017willbecarriedoverintoFY2017-2018.Receiptofthesefundsdoesnotcommitthe City to ongoing funding. CONCLUSION ItisrecommendedthattheCityCouncilaccept$9,853.21indonationsandgrantstosupporttheLibrary’s SummerLearningChallengeandCommunityLearningCenterprogramsandamendtheLibraryDepartment’s FY2016-2017 Operating Budget. City of South San Francisco Printed on 8/18/2016Page 2 of 2 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:16-693,Version:1 Resolution authorizing the acceptance of $9,853.21 in donations and grants to support the Library’s Summer Learning Challenge and Community Learning Center programs and amending the Library Department’s Fiscal Year (FY) 2016-2017 Operating Budget. WHEREAS, the annual Summer Learning Challenge program was established to encourage children and teens to read during the school break; and WHEREAS, South San Francisco Host Lions Challenge made a donation to the City in the amount of $50 to support the Summer Learning Challenge; and WHEREAS, Library Board Member Cisca Hansen made a donation to the City in the amount of $200 to support the Summer Learning Challenge; and WHEREAS, First National Bank of Northern California made a donation to the City in the amount of $500 to support the Summer Learning Challenge; and WHEREAS, Kiwanis Club of South San Francisco made a donation to the City in the amount of $500 to support the Summer Learning Challenge; and WHEREAS, South San Francisco Scavenger Company made a donation to the City in the amount of $500 to support the Summer Learning Challenge; and WHEREAS, South San Francisco Friends of the Library made a donation to the City in the amount of $750 to support the Summer Learning Challenge; and WHEREAS, The California Library Association awarded the Library a grant in the amount of $1,381.21 to support video game programming during the Summer Learning Challenge; and WHEREAS, the Community Learning Center was established to assist community members in meeting their educational goals; and WHEREAS, Molloy’s Tavern held a fundraiser benefitting the Community Learning Center which raised $5,972; and WHEREAS, staff recommends the acceptance of the donations and grants in the amount of $9,853.21 to City of South San Francisco Printed on 10/14/2016Page 1 of 2 powered by Legistar™ File #:16-693,Version:1 support the Summer Learning Challenge and Community Learning Center; and WHEREAS, the foregoing donations and grant funds will be used to amend this year’s operating budget of the Library Department. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby accepts $50 from South San Francisco Host Lions Club, $200 from Library Board Member Cisca Hansen, $500 from First National Bank of Northern California, $500 from the Kiwanis Club of South San Francisco, $500 from South San Francisco Scavenger Company, and $750 from South San Francisco Friends of the Library, and $1,381.21 from the California Library Association to fund the Summer Learning Challenge and $5,972 from Molloy’s Tavern to support the Community Learning Center and amends the Library Department’s 2016-2017 Operating Budget in order to reflect an increase of $9,853.21. ***** City of South San Francisco Printed on 10/14/2016Page 2 of 2 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:16-682,Version:1 Reportregardingaresolutionaccepting$70,000fromtheStateofCalifornia,OfficeofTrafficSafetyforthe “SelectiveTrafficEnforcementProgram”tobeusedforpersonnelovertimeandtrainingexpensesandamend the Police Department’s Operating Budget for Fiscal Year 2016-2017.(Jeff Azzopardi, Police Chief) RECOMMENDATION ItisrecommendedthattheCityCounciladopttheattachedresolutionaccepting$70,000fromthe StateofCalifornia,OfficeofTrafficSafety(OTS)forthe“SelectiveTrafficEnforcementProgram (STEP)”tobeusedforpersonnelovertimeandtrainingexpensesandamendthePolice Department’s operating budget for Fiscal Year 2016-2017. BACKGROUND/DISCUSSION InJanuary2016,thePoliceDepartmentsubmittedagrantapplicationtotheStateofCalifornia,OTSfor fundingofpersonnelovertime,equipment,andtrainingexpensesfortheSTEP.Thegrantis administeredbyOTSwithfundingprovidedbytheNationalHighwaySafetyAdministration(NHTSA). This program will supplement normal police staffing for traffic safety and enforcement efforts. Thegoalofthegrantistoreducethenumberofpersonskilled/injuredintrafficcollisionsthroughthe useofthespecificovertime-fundedtrafficenforcementdirectedatthefollowingunsafedriving behaviors:drivingundertheinfluence(DUI);speeding;redlightrunning;trafficviolationsinand aroundhigh-collision-rateintersections;trafficviolationsrelatedtomotorcyclesafety;seatbelt violations;child-seatrestraintviolations;distracteddriving(cellularphoneuseandtexting);andrepeat DUI offenders with suspended licenses. ThegrantapplicationwasreviewedandapprovedbyOTSinJuly2016andthePoliceDepartmentwas awardedagrantfor$70,000.TheoperatingperiodonthegrantisfromOctober1,2016through September30,2017.ThisisthePoliceDepartment’sninthyearpartneringwithOTStoaddresstraffic safetyissuesviagrantfunding.Duringthisnine-yearperiod,thePoliceDepartmenthasreceivedover $1.1 million in grant funding through OTS. ForthisOTSgrant,$67,000ofthegrantistopayforovertimesalariesandbenefitsforPoliceOfficers toconductspecializedtrafficsafetyenforcementortrainingthroughouttheCityforthefollowing operations: §10 DUI saturation patrols §1 DUI and driver’s license checkpoints §3 Traffic safety enforcement operations (speeding, red lights, etc.) §1 Distracted driver saturation patrols §1 DUI repeat offender stakeout operations §1 Motorcycle safety saturation patrols City of South San Francisco Printed on 8/18/2016Page 1 of 2 powered by Legistar™ File #:16-682,Version:1 §2 Bicycle / pedestrian safety enforcement operations §1 DUI warrant service operations Theremaining$3,000ofthegrantistopayfortravelandtrainingexpensestosendPoliceOfficersto approvedtrainingclassesand/orconferences(tobedeterminedbytheOTS)ontrafficsafety management, education, and training. FUNDING There are no general fund obligations. The entire amount is provided by the State of California OTS. CONCLUSION AdoptionofthisresolutionwillallowtheCitytoaccept$70,000fromtheStateofCaliforniaOffice ofTrafficSafety“SelectiveTrafficEnforcementProgram”andamendthePoliceDepartment’s operating budget for Fiscal Year 2016-2017. City of South San Francisco Printed on 8/18/2016Page 2 of 2 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:16-683,Version:1 Resolutionaccepting$70,000fromtheStateofCalifornia,OfficeofTrafficSafetyforthe“SelectiveTraffic EnforcementProgram”topayforpersonnelovertime,andtrainingexpensesandtoamendthePolice Department’s Operating Budget for Fiscal Year 2016-2017. WHEREAS,staffrecommendstheacceptanceofagrantintheamountof$70,000forpersonnelovertimeand trainingexpensesfromtheStateofCalifornia,OfficeofTrafficSafety(OTS)forthe“SelectiveTraffic Enforcement Program”; and WHEREAS,thegrantfundingwillbeusedtoaugmenttheoperatingbudgetofthePoliceDepartmentforFiscal Year 2016-2017. NOW,THEREFORE,BEITRESOLVEDbytheCityCounciloftheCityofSouthSanFranciscothattheCity Councilherebyacceptsthe$70,000grantfromtheStateofCalifornia,OTSandamendstheFiscalYear2016- 2017 Police Department Operating Budget to reflect this increase of funds. BEITFURTHERRESOLVEDthattheCityManagerisherebyauthorizedtoexecuteagrantagreement,any othernecessarydocumentsonbehalfoftheCitytocarryouttheintentofthisresolution,subjecttoapprovalas to form by the City Attorney. ***** City of South San Francisco Printed on 9/2/2016Page 1 of 1 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:16-657,Version:2 Cancellation of the Regular City Council Meeting of September 14, 2016.(Mike Futrell, City Manager) RECOMMENDATION It is recommended that the City Council, by motion, cancel the regular City Council meeting of September 14, 2016. CONCLUSION Cancellation of the September 14, 2016 City Council meetings will not result in an adverse effect on City business. City of South San Francisco Printed on 8/18/2016Page 1 of 1 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:16-712,Version:1 Closed Session: Conference with Real Property Negotiators (Pursuant to Government Code Section 54956.8) Properties: 380 Alta Vista Drive, South San Francisco Agency Negotiators: Alex Greenwood and Ron Gerber Negotiating Parties: City of South San Francisco and Marcelo Wong and Qi Tang. Under Negotiation: Price and terms for disposition of the property. City of South San Francisco Printed on 8/18/2016Page 1 of 1 powered by Legistar™