HomeMy WebLinkAbout2017-10-25 e-packet@7:00Wednesday, October 25, 2017
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
October 25, 2017City 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.
PRADEEP GUPTA, Mayor
LIZA NORMANDY, Vice Mayor
KARYL MATSUMOTO, Councilwoman
RICHARD A. GARBARINO, Councilman
MARK ADDIEGO, Councilman
FRANK RISSO, City Treasurer
KRISTA MARTINELLI, City Clerk
MIKE FUTRELL, City Manager
JASON ROSENBERG, City Attorney
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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 12/7/2017
October 25, 2017City Council Regular Meeting Agenda
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
AGENDA REVIEW
PRESENTATIONS
Presentation of new employees. (Mich Mercado, Human Resources Manager)1.
Presentation of the 2016 San Francisco Business Times Real Estate Deals of the Year
Award for The Cove at Oyster Point. (Alex Greenwood, Director, Department of
Economic and Community Development)
2.
Presentation of the 2017 Platinum Level Beacon Spotlight Award for 22 percent
Agency Energy Savings, and the 2017 Gold Level Beacon Spotlight Award for Best
Practice Activities from the Statewide Energy Efficiency Collaborative and the
Institute for Local Government. (Sailesh Mehra, Planning Manager, Department of
Economic and Community Development)
3.
Certificates of Recognition to Dave Casagrande and Bill Zemke for their countless
hours of volunteerism at the Plymire-Schwarz house. (Richard Garbarino,
Councilmember)
4.
Proclamation acknowledging the contributions to the community of the San Mateo
County LGBT Commission. (Pradeep Gupta, Mayor)
5.
PUBLIC COMMENTS
COUNCIL COMMENTS/REQUESTS
PUBLIC HEARING
Report regarding an ordinance adding Chapter 20.375 of the South San Francisco
Municipal Code pertaining to the regulation of Small Cell Wireless Communications
Facilities. (Jason Rosenberg, City Attorney)
6.
Ordinance adding Chapter 20.375 of the South San Francisco Municipal Code
pertaining to the regulation of Small Cell Wireless Communications Facilities.
6a.
Report regarding an ordinance modifying regulations related to accessory dwelling
units Citywide, in accordance with South San Francisco Municipal Code Chapter
20.550 ("Amendments to Zoning Ordinance and Map"). (Rozalynne Thompson,
Associate Planner)
7.
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October 25, 2017City Council Regular Meeting Agenda
Ordinance amending the South San Francisco zoning ordinance, related to accessory
dwelling units Citywide, in accordance with South San Francisco Municipal Code
Chapter 20.550 ("Amendments to Zoning Ordinance and Map").
7a.
ADMINISTRATIVE BUSINESS
Report regarding a resolution authorizing the acceptance of a $10,000 donation to the
Parks and Recreation Department from Bimbo Bakeries USA to install a new drinking
fountain, landscaping, and interpretive signage on Centennial Way at South Spruce
Avenue, and amending the Parks and Recreation Department’s Fiscal Year 2017-18
Operating Budget pursuant to budget amendment #18.010. (Sharon Ranals, Director,
Parks and Recreation)
8.
Resolution authorizing the acceptance of a $10,000 donation to the Parks and
Recreation Department from Bimbo Bakeries USA to install a new drinking fountain,
landscaping, and interpretive signage on Centennial Way at South Spruce Avenue, and
amending the Parks and Recreation Department’s Fiscal Year 2017-18 Operating
Budget pursuant to budget amendment #18.010.
8a.
Report regarding a resolution approving a five year agreement with CivicPlus, Inc. of
Manhattan, Kansas in an amount not to exceed $290,493 to host and provide related
services for a recreation management system. (Sharon Ranals, Parks and Recreation
Director)
9.
Resolution authorizing the City Manager to execute a five year agreement with
CivicPlus, Inc. of Manhattan, Kansas in an amount not to exceed $290,493 to host
and provide related services for a recreation management system.
9a.
Report regarding an ordinance approving an amendment to the contract between the
Board of Administration, California Public Employees’ Retirement System and the
City Council, City of South San Francisco, implementing the ability for Classic Safety
members to pay a portion of the employer share of their California Public Employees’
Retirement System pension costs. (LaTanya Bellow, Human Resources Director)
10.
An ordinance approving an amendment to the contract between the Board of
Administration, California Public Employees’ Retirement System and the City
Council, City of South San Francisco, implementing the ability for Classic Safety
members to pay a portion of the employer share of their California Public Employees’
Retirement System pension costs.
10a.
CONSENT CALENDAR
Motion to approve the Minutes from the meetings of March 8, 2017, March 22, 2017
and October 11, 2017.
11.
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October 25, 2017City Council Regular Meeting Agenda
Motion confirming payment registers for October 25, 2017. (Richard Lee, Director of
Finance)
12.
Motion to cancel the Regular City Council meetings on November 22, 2017 and
December 27, 2017. (Mike Futrell, City Manager)
13.
Report regarding resolution of the City Council of the City of South San Francisco
approving the two applications for grant funds from the Habitat Conservation Fund
Program in the amounts of $100,000 from the Trails Category and $9,250 from the
Wildlife Area Activities Category for a total of $109,250. (Sharon Ranals, Parks and
Recreation Director)
14.
Resolution of the City Council of the City of South San Francisco approving the two
applications for grant funds from the Habitat Conservation Fund Program in the
amounts of $100,000 from the Trails Category and $9,250 from the Wildlife Area
Activities Category for a total of $109,250.
14a.
Report regarding a resolution authorizing the acceptance of $25,000 in grant funding
from the Woodlawn Foundation to support the Community Learning Center’s
after-school homework program and approve Budget Amendment 18.011. (Valerie
Sommer, Library Director)
15.
Resolution authorizing the acceptance of $25,000 in grant funding from the Woodlawn
Foundation to support the Community Learning Center’s after-school homework
program and approve Budget Amendment 18.011.
15a.
Report regarding a resolution of support for the filing of an application for funding
assigned to Metropolitan Transportation Commission and committing any necessary
matching funds and stating assurance to complete the Plans, Specifications and
Estimates Phase for the US 101 Produce Avenue Interchange Project. (Richard Cho,
Senior Civil Engineer)
16.
Resolution of support for the filing of an application for funding assigned to
Metropolitan Transportation Commission and committing any necessary matching
funds and stating assurance to complete the Plans, Specifications and Estimates Phase
for the US 101 Produce Avenue Interchange Project.
16a.
ITEMS FROM COUNCIL – COMMITTEE REPORTS AND ANNOUNCEMENTS
ADJOURNMENT
Page 5 City of South San Francisco Printed on 12/7/2017
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:17-754 Agenda Date:10/25/2017
Version:1 Item #:1.
Presentation of new employees. (Mich Mercado, Human Resources Manager)
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:17-1000 Agenda Date:10/25/2017
Version:1 Item #:2.
Presentation of the 2016 San Francisco Business Times Real Estate Deals of the Year Award for The Cove at
Oyster Point.(Alex Greenwood, Director, Department of Economic and Community Development)
BACKGROUND/DISCUSSION
The San Francisco Business Times awarded the City of South San Francisco with the 2016 Superlative Real
Estate Deal of the Year Award for The Cove at Oyster Point, Phase 1.
Every year brokers,developers,architects,contractors,and others in the development community submit their
biggest,best,and most complex projects throughout the Bay Area for consideration of the San Francisco
Business Times Deals of the Year awards program;but only the top 24 are selected,and fewer receive a
Superlative Award for excellence.The Cove at Oyster Point was selected for Superlative recognition.The site is
located at 151-171 Oyster Point Boulevard,and Phase 1 includes one million square feet.The second phase
includes fully leased,230,000 square feet under construction,and the third phase includes 336,000 square feet.
There will also be 20,000 square feet of retail, 30,000 square feet of amenities, and a hotel.
The Award is the result of the diligence and creative thinking of City staff and private partners.
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:17-1002 Agenda Date:10/25/2017
Version:1 Item #:3.
Presentation of the 2017 Platinum Level Beacon Spotlight Award for 22 percent Agency Energy Savings,and
the 2017 Gold Level Beacon Spotlight Award for Best Practice Activities from the Statewide Energy Efficiency
Collaborative and the Institute for Local Government.(Sailesh Mehra,Planning Manager,Department of
Economic and Community Development)
BACKGROUND/DISCUSSION
The Beacon Program is sponsored by the Institute for Local Government and the Statewide Energy Efficiency
Collaborative.The Statewide Energy Efficiency Collaborative (SEEC)is an alliance to help cities and counties
reduce greenhouse gas emissions and save energy.SEEC is a collaboration between three statewide non-profit
organizations and California’s four Investor Owned Utilities.The Beacon Program provides a framework for
local governments to share best practices that create healthier,more vibrant,and sustainable communities.The
program honors voluntary efforts by local governments to reduce greenhouse gas emissions,save energy,and
adopt policies that promote sustainability.
The Beacon Spotlight Awards recognizes an agency’s holistic approach to addressing climate change.The
Beacon Program recently honored the City of South San Francisco at the California League of Cities Annual
Conference in Sacramento,California,by presenting two Spotlight Awards from the Statewide Energy
Efficiency Collaborative and the Institute for Local Government:
(1)The 2017 Platinum Level Beacon Spotlight Award for 22 percent Agency Energy Savings -awarded as
a result of energy efficiency retrofits undertaken at agency facilities.
(2)The 2017 Gold Level Beacon Spotlight Award for Best Practice Activities -awarded for completed or
ongoing activities undertaken to address best practices in sustainability.
These awards are the result of the hard work and creative thinking of the planning and building staff members
of the Department of Economic and Community Development at the City of South San Francisco.
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:17-1014 Agenda Date:10/25/2017
Version:1 Item #:4.
Certificates of Recognition to Dave Casagrande and Bill Zemke for their countless hours of volunteerism at the
Plymire-Schwarz house. (Richard Garbarino, Councilmember)
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:17-1015 Agenda Date:10/25/2017
Version:1 Item #:5.
Proclamation acknowledging the contributions to the community of the San Mateo County LGBT Commission.
(Pradeep Gupta, Mayor)
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IN RECOGNITION OF THE EFFORTS OF THE SAN MATEO COUNTY
LESBIAN, GAY, BISEXUAL, TRANSGER, AND QUEER (LGBTQ) COMMISSION
October 25, 2017
WHEREAS, the San Mateo County Board of Supervisors established the San
Mateo County LGBTQ Commission on June 3, 2014; and
WHEREAS, the San Mateo County LGBTQ Commission is California’s first
County commission focused on the needs of the LGBTQ community; and
WHEREAS, the San Mateo County LGBTQ Commission is committed to
cultivating South San Francisco and the County as a welcoming and safe environment,
where the LGBTQ community can thrive; and
WHEREAS, the San Mateo County LGBTQ Commission values a healthy and
engaged community, and provides a forum for developing collaborative solutions to the
diverse needs of the LGBTQ community; and
WHEREAS, the San Mateo County LGBTQ Commission envisions South San
Francisco and the County as areas where all LGBTQ individuals are treated fairly and
with dignity and respect in all settings, i.e. business, government, cultural, educational,
faith-based, recreational, and community; and
WHEREAS, the San Mateo County LGBTQ Commission has prepared a
comprehensive, confidential survey for LGBTQ individuals living and working in San
Mateo County to determine if LGBTQ individuals have access to, can fully avail themselves
of, and are fully participating in the County’s wide ranging and culturally competent
services, including career, educational, financial, gainful employment, healthcare, housing,
and other wellness services; and
WHEREAS, in June 2017 the San Mateo County LGBTQ Commission launched the
survey on its website and has begun to widely publicize and encourage participation in the
survey; and
WHEREAS, the collection of unbiased survey data and analyzed results will help
the San Mateo County LGBTQ Commission thoughtfully address the topics of importance
for LGBTQ individuals in South San Francisco, as well as cities and towns in the County.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
South San Francisco recognize and congratulate the many efforts to date of the San Mateo
County LGBTQ Commission in South San Francisco and the County.
________________________________
Pradeep Gupta, Mayor
________________________________
Liza Normandy, Vice Mayor
________________________________
Mark Addiego, Councilmember
________________________________
Richard Garbarino, Councilmember
________________________________
Karyl Matsumoto, Councilmember
Dated: October 25, 2017
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:17-1066 Agenda Date:10/25/2017
Version:1 Item #:6.
Report regarding an ordinance adding Chapter 20.375 of the South San Francisco Municipal Code pertaining to
the regulation of Small Cell Wireless Communications Facilities.(Jason Rosenberg, City Attorney)
RECOMMENDATION
Staff recommends that the City Council make findings and introduce an ordinance adding Chapter
20.375 of the South San Francisco Municipal Code pertaining to the regulation of Small Cell Wireless
Communications Facilities, and waive further reading.
BACKGROUND
Under existing federal and state law,local municipalities must permit telecommunications providers access to
the City’s right-of-way,but nonetheless retain authority to regulate wireless the time,place and manner in
which telecommunication facilities locate within the public right-of-way.Cities also have the authority to
impose discretionary permit requirements and require reasonable compensation.
California Senate Bill (SB)649,which was vetoed by Governor Brown on October 15,2017,would have
introduced a new regulatory scheme for Small Cell Wireless Communications Facilities (SCWF)within and
outside the public right-of-way.Under SB 649,municipalities would have had to allow SCWF to locate in the
public right-of-way and in any zone that includes a commercial or industrial use,subject only to a ministerial
permit process,and feasible design and collocation standards.SB 649 also provided that local governments
may only charge certain limited fees for SCWF attachment and staff cost recovery.
Currently,wireless telecommunication facilities within the City of South San Francisco (“City”)are
collectively regulated under Chapter 20.370 of the South San Francisco Municipal Code.The proposed
ordinance would add a new Chapter 20.375 to the Municipal Code to specifically address SCWF within the
City, while leaving remaining wireless communication facilities to be regulated by Chapter 20.370.
DISCUSSION
The proposed ordinance would establish a comprehensive set of requirements and standards to regulate SCWF
development,siting,installation,operation,and cessation.These requirements aim to protect and promote
public safety,community welfare,and municipal aesthetics consistent with the goals,objectives,policies of the
General Plan and in conformance with federal and state law, including Public Utilities Code Section 7901.
The proposed ordinance would define relevant terms in SCWF regulation;prescribe permitted facilities and
license areas;impose standard requirements for all SCWF installation,operation,maintenance and cessation of
operation;require SCWF applicants to obtain a ministerial permit in compliance with permit criteria;and
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File #:17-1066 Agenda Date:10/25/2017
Version:1 Item #:6.
establish a permit review and approval process.
Further,the proposed ordinance would establish the above requirements while conforming with state and
federal law mandates.It would further create general requirements for all SCWF installation,operation,
maintenance and cessation that are consistent with Municipal Code requirements for other types of public
works projects.The proposed ordinance would also establish a preferential order of locations for SCWF
installation in the public right-of-way as well as in all zones with an industrial or commercial use.Within these
permitted locations,the proposed ordinance,to the maximum extent feasible,would impose design and
collocation requirements to protect community aesthetics and views in the public right-of-way consistent with
the City’s goals,including the existing design and location preferences for other wireless communications
facilities regulated by Chapter 20.370,while conforming to the limitations set by state law.Finally,the
proposed ordinance would provide a mechanism for the City and the wireless provider to enter into a Master
License Agreement for SCWF installations on City-owned poles or other structures.The Master License
Agreement would enable the City to negotiate additional terms of operation with the service provider and retain
a broader scope of municipal oversight.
Following the Governor’s veto of SB 649,City staff revisited the draft ordinance to ascertain whether the City
staff recommends proceeding with an ordinance regulating SCWF,and if so,whether any revisions to the draft
ordinance were recommended.City staff felt comfortable that the majority of the regulations contained in the
ordinance presented to the Planning Commission on September 21st and originally scheduled to be heard by the
City Council on October 11th were appropriate to regulate SCWF,while creating legislation that would
proactively seek to address new technology deployment within the City.
In light of those stated goals, the draft ordinance was modified as follows:
·Adds a list of preferred locations for SCWFs in the Right of Way (ROW),subject to an applicant’s
documentation demonstrating that locating SCWFs on a higher ranked option is not feasible.
·Requires applicants to obtain a Minor Use Permit for applicants seeking a waiver or modification of
permit conditions required by the proposed ordinance,subject to the review and approval by the Chief
Planner.The Minor Use Permit does not relieve an applicant of the obligation to obtain an
encroachment permit or a building permit in accordance with requirements of the ordinance.
·Requires applicants to comply with state and federal laws and regulations regarding SCWFs,and to
bring facilities in compliance with updates to such laws and regulations within six months of the new
law or regulation’s effective date.
·Requires applicants to hold neighborhood outreach meetings.
·Removes fee calculation methods required by SB 649 and replaced fee calculations with the rate to be
set by the City’s Master Fee Schedule.
·Provides that SCWF applications are subject to concurrence by the City Manager or his/her designee,
based on review and recommendations from the Chief Planner and staff.
Additional discussion on the legislative background and the contents of the proposed ordinance is contained in
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File #:17-1066 Agenda Date:10/25/2017
Version:1 Item #:6.
Additional discussion on the legislative background and the contents of the proposed ordinance is contained in
the Planning Commission staff report attached hereto and dated September 21, 2017.
ENVIRONMENTAL REVIEW
Adoption of the proposed ordinance will not result in any new environmental impact since the additions,
refinements and clarifications set forth in the proposed ordinance,as related to small cell wireless
communication facilities,are minor in nature.The proposed ordinance is not subject to the requirements of the
California Environmental Quality Act (CEQA)pursuant to California Code of Regulations Title 14,Chapter 3,
section 15303, class 3, “New Construction or Conversion of Small Structures”.
FISCAL IMPACT
The proposed ordinance would establish two types of fees relating to the permitting of SCWF.First,the
proposed ordinance requires SCWF applicants that are attaching to City structures to pay a Right-of-Way Pole
Usage Fee,which would be set in the Master Fee Schedule and contained in any Master License Agreement
with the carriers.The City would be free to negotiate and agree to terms by entering into a Master License
Agreement with a provider for each of the provider’s small cell sites in the public right-of-way within the City.
Second,the proposed ordinance would require SCWF applicants to pay a processing fee for the applicant and
permit process in accordance with the City’s Master Fee Schedule.Presumably,this processing fee would also
be accompanied by a reimbursement agreement for legal services and environmental consultants.
Staff has conducted research regarding the range of pole attachment fees for SCWF attachments.Annual
attachment fees range from $270 (Palo Alto),$1,000 (San Mateo)to $1,500 (Cupertino,Campbell,Dublin and
Milpitas).The City of San Jose adopted a stepped attachment fee schedule.Although San Jose charges up to
$5,000 per attachment,which may be considerably higher than comparable Bay Area cities,their tiered
structure may be worth considering adopting here.San Jose’s tiered rate structure has lower attachment fees for
preferred designs and higher rates for SCWF that do not meet the city’s preferred design criteria.
If the Council introduces the ordinance,City staff will provide the City Council with a draft template Master
License Agreement at a subsequent City Council meeting,along with a proposed fee structure for pole
attachment fees.
CONCLUSION
Staff recommends that the City Council make findings and introduce an ordinance making revisions to Title 20
of the South San Francisco Municipal Code,related to the regulation of Small Cell Wireless Communications
Facilities citywide and waive further reading.
Attachments
1.Planning Commission Staff Report dated September 21, 2017
2.Draft Planning Commission Minutes of September 21, 2017 Meeting
3.Powerpoint presentation
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:17-943 Agenda Date:9/21/2017
Version:1 Item #:3.
Report regarding Zoning Text Amendment to add Chapter 20.375 to the South San Francisco Municipal Code
pertaining to the regulation of Small Cell Wireless Communications Facilities,in accordance with South San
Francisco Municipal Code Chapter 20.550 ("Amendments to Zoning Ordinance and Map")(Allison Knapp,
Planning Consultant)
RECOMMENDATION
Staff recommends that the Planning Commission make findings and adopt a Resolution recommending
that the City Council adopt an Ordinance making revisions to Title 20 (“Zoning”)of the South San
Francisco Municipal Code, related to Small Cell Wireless Communications Facilities regulations.
BACKGROUND/DISCUSSION
Senate Bill (SB)649 defines and prescribes the location and specific permitting requirements for the
installation of small cell wireless communications facilities (SCWF).As of September 13,2017,SB 649 has
been passed by the state assembly and the state senate.It will now go to the Governor for his consideration.
SCWF are required to be permitted within the public-right-of-way.SB 649 also requires SCWF to be
permitted outside of the public right-of-way in any zone that includes a commercial or industrial use subject to
feasible design and collocation requirements,which is defined as,“reasonable and objective specifications
concerning the physical structure,construction,location,and appearance of a small cell,provided that those
specifications facilitate the installation of the small cell…”
SB 649 mandates that SCWF are to be considered a permitted use subject to a specified ministerial permitting
process adopted by the City,such as an encroachment and/or building permit,or its equivalent.The definition
of SCWF excerpted from SB 649, and proposed in the draft ordinance is:
20.375.002.G.Small Cell Wireless Facility.A Small Cell Wireless Facility means a wireless
telecommunications facility,as defined in paragraph (2)of subdivision (d)of Section 65850.6 of the
Government Code,as amended,or a wireless facility that uses licensed or unlicensed spectrum and that
meets the following requirements:
1.The small cell antenna(s)on the structure,excluding certain Ancillary Equipment as specified in
this subsection, total no more than six cubic feet in volume, whether an array or separate.
2.Any individual piece of any Ancillary Equipment,except those specified in this subsection,on
pole structures does not exceed nine cubic feet.
3.The cumulative total of any Ancillary Equipment,except those specified in this subsection,on
pole structures does not exceed 21 cubic feet.
4.The cumulative total of any ground-mounted equipment along with all Ancillary Equipment,
except those specified in this subsection,on any pole or nonpole structure does not exceed 35 cubic
feet.
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5.A Micro wireless facility,which shall be defined as a small cell that is no larger than 24 inches
long,15 inches in width,12 inches in height,and that has an exterior antenna,if any,no longer than
11 inches.
6. For the purposes of this subsection, the following types of Ancillary Equipment are excluded
from the calculation of equipment volume:
a. Electric meters and any required pedestal;
b. Concealment elements such as a stealth facility;
c. Any telecommunications demarcation box;
d. Grounding equipment, power transfer switch;
e. Cutoff switch;
f. Vertical cable runs for the connection of power and other services; and
g. Equipment concealed within an existing building or structure.
Permitted Facilities and License Areas
SB 649 states that a SCWF shall be a permitted use subject only to a ministerial permitting process adopted by
the City if it is located in a public right-of-way in any zone,or on existing structures on private property in any
zone that includes a commercial or industrial use and the SCWF complies with all applicable federal,state,
and local health and safety regulations,including the federal Americans with Disabilities Act of 1990 (42
U.S.C. Sec. 12101 et seq.). In compliance with state law, the proposed draft ordinance states:
20.375.003.A. Permitted Facilities.Subject to compliance with all applicable provisions of this
chapter, Small Cell Wireless Facilities shall, pursuant to a Small Cells Attachment Permit, be
permitted in License Areas, which are designated as follows:
1.On existing structures within the public right-of-way in all zoning districts; and
2.On existing structures located outside of the public right-of-way in any zone that
includes a commercial or industrial use.
B. Permitted Locations.Subject to compliance with all applicable provisions of this chapter, the
Permitted Locations for Small Cell Wireless Facilities within License Areas are as follows:
1. Small Cell Wireless Facilities in the public right-of-way in all zoning districts shall be
located on existing light poles only. If an Applicant demonstrates that locating on an
existing light pole is not feasible or practicable, the Applicant shall propose an existing
structure in the public right-of-way that is not readily visible.
Staff proposes a process to review and approve attachments to and placements of SCWF and Ancillary
Equipment in the public right-of-way and private property.The process includes staff-level design review,and
assurances that the provisions of (proposed)20.375 are met,and continue to be met.The applicant would be
required to mail a public notice to all addresses within specified radii of the facility once the application has
been deemed complete.
For SCWF within the public right-of-way,staff approval of an encroachment permit,including the standard
conditions thereto that address repair and replacement of public property,and insurance and indemnification
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requirements, would result in procurement of a “Small Cell Attachment Permit.”
For SCWF located on private property,staff has included Design and Location Preferences in keeping with the
requirements other wireless communications facilities as stated in Chapter 20.370 Antennas and Wireless
Communications Facilities.When a lower ranked alternative is proposed,the applicant will be required to
provide technical information demonstrating that a higher ranked option is not technically feasible in light of
the provider’s service objectives.
20.375.003.B.2.a. Design Preferences.
i.Building-or structure-mounted antennas that are not readily visible or are completely
concealed from view because of integration into design of nonresidential buildings or structures
erected and approved for use other than as wireless telecommunications support.
ii.Building-or structure-mounted antennas set back from roof edge and not visible from the
public right-of-way or from surrounding properties.
iii.On existing communication towers,existing signal,light or similar kinds of permanent poles
not supplying electric,telephone or similar service and not in the public right-of-way,or utility
facilities not subject to the City’s franchise agreements.
iv. Nonbuilding- or structure-mounted alternative tower structures.
b. Location Preferences
i. In any Nonresidential District and co-located with existing conforming facilities.
ii. In any Nonresidential District and located more than 600 feet from a Residential District.
iii.On Nonresidential Structures in residential districts and located more than 600 feet from a
Residential Structure.
iv. In any Nonresidential District and located less than 600 feet from a Residential District.
Staff approval of a building permit for facilities on private property would result in the procurement of a “Small
Cell Attachment Permit”.The respective permits that are applicable to SCWF are indicated in Section
20.375.003.D “Permits Required”.
Standard Requirements
Protection of public health,safety and welfare is addressed in proposed 20.375.004 Standard Requirements.
This section addresses federal,state and local standards,as well as noise,safety,maintenance and electrical
metering.Applicants are also required to provide evidence of compliance with radio frequency emissions
standards per the Federal Communications Commission.
Permit Requirements
Pursuant to SB 649 cities are permitted to adopt permit requirements for the placement of SCWF(s)that are the
same permit requirements for similar construction projects.The proposed ordinance addresses these permit
requirements in various sections,most notably 20.375.005.The language follows the similar design
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requirements in various sections,most notably 20.375.005.The language follows the similar design
construction requirements identified in SSFMC Chapter 20.370 Antennas and Wireless Communications
Facilities. The proposed language is:
20.375.005 Permit Requirements
A.General Standards.Small Cell Wireless Facilities and any Ancillary Equipment shall be located and
designed and whenever possible screened to blend with the existing natural or built surroundings.
Improvements which will be primarily viewed against soils,trees or grasslands shall be painted colors
matching these landscapes while elements which rise above the horizon shall be painted a blue gray that
matches the typical sky color at that location.
B.Ancillary/Supporting Infrastructure.Ancillary Equipment and any support facilities for Small
Cell Wireless Facilities located in the public right-of-way shall be undergrounded unless determined
infeasible by the City Engineer.The City Engineer shall determine feasibility based on any competing
infrastructure near the Small Cell Wireless Facility,safety,hydrological,geologic or other similar
conditions that would impede undergrounding.
1.In the event that undergrounding is not feasible as determined by the City Engineer,the
Ancillary Equipment and any supporting infrastructure shall be concealed in a stealth facility,
which may include but are not limited to partial undergrounding,landscaping,or decorative
treatment of the cabinet.Stealth facility or other concealment measures shall comply with all
applicable laws, including the American Disabilities Act.
C.Pole Designs.All Small Cell Wireless Facility pole installations shall be sufficiently designed and
engineered such that no additional supporting hardware is required beyond the pole itself.A Small Cell
Wireless Facility that is affixed to an existing light pole shall be painted and/or textured to match that
structure.
D.Non-Reflective Materials.Small Cell Wireless Facilities shall be constructed out of non-reflective
materials (visible exterior surfaces only),or materials and colors consistent with surrounding backdrop.
Anodized metal is an acceptable treatment.
E. Design Preservation.Applicants are responsible for maintaining and preserving approved design
and aesthetic features for each facility, Ancillary Equipment and any support infrastructure, including
but not limited to color, tint, shade, treatment, painting, surface treatment, replacement landscaping,
stealth design, and concealment.
F. Security Fencing.Under no circumstances shall security fencing be permitted.
Permit Application Submittal Requirements
Proposed 20.375.006 Permit Application Submittal Requirements identifies the application requirements
including submitting proof of the right to use the property subject to the application and application fees and
pole usage fees.Site plans,including the layout and placement of SCWF and all ancillary equipment defined by
local ordinance as well as SB 649, photo simulations and camouflage and/or matching methods are required.
SB 649 would authorize the City to charge three types of fees relating to SCWF:an annual charge for each
small cell attached to the City’s light poles,an annual attachment rate and a one-time reimbursement fee.The
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small cell attached to the City’s light poles,an annual attachment rate and a one-time reimbursement fee.The
bill would require the City to comply with notice and hearing requirements before imposing the annual
attachment rate.The bill would require an action or proceeding to challenge a fee imposed under the provisions
of SB 649 to be commenced within 120 days of the effective date of the City ordinance or resolution.
Staff is researching potential fees to apply to SCWF attachments. Preliminary information made available by
one service provider indicate a range of annual fees for a pole attachment from $270 (Palo Alto), $1,000 (San
Mateo) to $1,500 (Cupertino, Campbell, Dublin and Milpitas). Staff is researching additional fee information
for City Council review.
Permit Review, Renewal and Revocation Procedures
Proposed chapter 20.375.007 Permit Review,Renewal and Revocation Procedures contains a proposed
approval process. Draft language is excerpted below.
A.Review and Notice.Applications shall be reviewed by the City Engineer,Chief Planner,and Chief
Building Official,on private property only,for sufficiency and compliance.No incomplete applications
shall be processed,reviewed or approved by the City.Following determination of a complete
application,the Applicant shall mail “Notice of Proposed Action to Approve a Small Cell Wireless
Facility”to addresses within three-hundred (300)feet of the proposed site(s)in all zoning districts
except residential.Notices in residential districts shall include a five-hundred (500)feet radius for
notification.
B.Pre-Approval Actions.To ensure complete submissions,Applicant(s)for Small Cell Wireless
Facilities are encouraged to complete the following tasks prior to City staff conducting its application
review process:
1. Participate in an application submittal meeting with City staff.
2.Schedule and conduct a Neighborhood Outreach meeting involving residents within the radius
area as described in section A above.Applicant shall submit transcripts,minutes and/or videos of
the outreach meeting along with the application materials.
3. Submit a completed and signed “Application Checklist”.
4.Pay fees in the applicable amount identified pursuant to this chapter and discussed at the pre-
application meeting.
5. Provide all required materials pursuant to 20.375.006 of this chapter.
C.Financial Assurances.Prior to obtaining a permit to erect or install the proposed facility,the
Applicant shall either secure a bond or provide financial assurances,in a form acceptable to the City
Manager,for the removal of the facility in the event that its use is abandoned or the approval is
otherwise terminated.
D.Permit Approval and Issuance.All Small Cell Wireless Facilities not otherwise exempt from
regulation from this chapter shall be issued a Small Cell Attachment Permit,an encroachment permit
and building permit by the City,provided that all applicable permit,application,location,construction,
operation, maintenance, repair, and design requirements as stated in this chapter have been met.
E.Modification of Requirements.The City Council may waive or modify requirements of this chapter
upon advice of the City Attorney that denial of the application would have the effect of prohibiting the
provision of telecommunications services,unreasonably discriminating among service providers,or
constituting any other violation of State or Federal law.The applicant shall have the burden of proving
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constituting any other violation of State or Federal law.The applicant shall have the burden of proving
that the denial would result in such a violation.
In summary,staff has incorporated the prescriptive language provided in SB 649 wherever possible to maintain
conformance with state law.Therefore,definitions and the permitted location of the SCWF are the definitions
prescribed by the state.General requirements (i.e.insurance,maintenance,indemnification,compliance with
state,federal and local laws,maintenance,abandonment and penalties)as contained in applicable areas through
the proposed ordinance are in conformance with the entirety of the SSFMC.The proposed language for Chapter
20.375 closely resembles that of the existing Chapter 20.370.The design review requirements build upon
existing City requirements and wherever possible expand the requirements.For example,the requirement to
underground ancillary equipment (unless determined infeasible by the City Engineer)is proposed given that
SCWF(s)are expected to be predominately in the public right-of-way and above ground Ancillary Equipment
containment would be very visible.
The proposed legislation contained within SB 649 has been constantly evolving as it is considered by the
legislature and stakeholders throughout the State.Based on this,staff has included language in the attached
Resolution that allows staff to make minor amendments to the Ordinance,in keeping with SB 649 and feedback
from stakeholders, prior to consideration of the Ordinance by City Council.
ENVIRONMENTAL REVIEW
The additions,refinements and clarifications set forth in proposed Ordinance 20.370 and 20.375,as they relate
to small cell wireless communication facilities,are minor in nature,the adoption of which would not result in
any new significant environmental effects or a substantial increase in the severity of any previously identified
effects beyond those disclosed and analyzed in the IS/ND prepared and circulated for the Zoning Ordinance,
additions constitute a potentially significant change in the project or change in circumstances that would require
additional environmental review.
The Zoning Ordinance was adopted after preparation,circulation,consideration,and adoption of an Initial
Study/Negative Declaration (“IS/ND”)in accordance with the California Environmental Quality Act,Public
Resources Code Sections 21000,et seq.(“CEQA”),which IS/ND analyzed the environmental impacts of
adopting the Zoning Ordinance and concluded that adoption of the Zoning Ordinance could not have a
significant effect on the environment because none of the impacts required to be analyzed under CEQA would
exceed established thresholds of significance.
The proposed Ordinance is not subject to the requirements of (CEQA)pursuant to the California Code of
Regulations Title 14,Chapter 3 section 15303,class 3,‘New Construction or Conversion of Small Structures’.
The project is the construction and location of new small cell wireless facilities including supporting equipment
and is by definition considered categorically exempt from CEQA.The Project would permit the construction of
small cell wireless facilities on existing and or replaced City-owned light fixtures within the public-right-of-
way and on privately owned property or in any zone that allows a commercial or industrial use.
The project includes the use and operation of small cell wireless facilities which by definition include radio and
electromagnetic fields (radiation)that are subject to the permitting and safety regulations promulgated by the
Federal Communications Commission (FCC).The Small Cell Wireless Facility Ordinance requires radio
frequency emissions to be compliant with the regulations set forth by the FCC,as part of the permitting process
to protect the public health and safety.Therefore,the Ordinance is self-mitigating.No further environmental
review is required at this time.
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CONCLUSION
Staff recommends that the Planning Commission conduct a public hearing and adopt the attached Resolution
making findings and recommending that the City Council adopt an Ordinance making revisions to Title 20
(“Zoning”) of the South San Francisco Municipal Code, related to Small Cell Wireless Facilities.
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September 21, 2017 Minutes Page 1 of 3
The video recording of this Regular Planning Commission meeting can be found at http://www.ssf.net/1996/Planning-Commission
MINUTES
September 21, 2017
CITY OF SOUTH SAN FRANCISCO
REGULAR PLANNING COMMISSION
CALL TO ORDER / PLEDGE OF ALLEGIANCE TIME: 7:00 P.M.
ROLL CALL / CHAIR COMMENTS PRESENT: Chairperson Faria, Vice Chairperson
Nagales, Commissioner Tzang, Shihadeh, Ruiz,
Murphy, Wong
ABSENT:
AGENDA REVIEW
CONSENT CALENDAR
Approval of the special meeting minutes of April 6, 2017
Approval of the regular meeting minutes of September 7, 2017
Motion to approve the entire Consent Calendar.
Commissioner Tzang / Second – Vice-Chair Nagales Approved by roll call vote (6-0-1)
PUBLIC HEARING
1. Small Cell Communication Facilities Public Hearing Open: 7:03 P.M.
Consideration of a Resolution recommending that the City Council adopt an Ordinance adding Chapter
20.375 of the South San Francisco Municipal Code pertaining to the regulation of Small Cell Wireless
Communications Facilities.
Public Hearing Closed: 7:24 P.M.
Commission Discussion begins 00:10:27 in video recording
Commissioner Wong asked if this only effects new proposals, and any new changes being made, or will
this affect existing properties? If a property is out of code will they have to bring it up to code? Allison
Knapp, City Planning consultant, responded that this only pertains to Small Cell wireless facilities, which is
a 5g band or small cell facility as defined in the proposed ordinance. It doesn’t address towers and other
types of equipment.
Commissioner Wong inquired that if anything is grandfathered in, will it need to be updated? Senior
Planner Gross replied that the City does not currently have any small cell facilities. It’s a newer technology
and anything we have right now will fall under Zoning Ordinance Chapter 20.370, and will pertain to private
property. The Zoning Ordinance currently does not allow antennas in the right-of-way. This state bill was
going to require that we permit such facilities, so we are planning for it with zoning regulations.
Commissioner Wong asked if this was already state mandated? Allison Knapp replied that this has not
been signed into law yet. Many cities like our own are trying to get an ordinance pass ed before it becomes
effective, in case the Governor signs it into law.
ORAL COMMUNICATIONS
September 21, 2017 Minutes Page 2 of 3
Commissioner Wong stated that we won’t have much wiggle room for adoption if it’s signed into law.
Allison Knapp replied what we tried to provide as much flexibility as possible with proposed ordinance.
Commissioner Tzang asked how many facilities were anticipated within the next 3-5 years? IT Manager
Tony Barrera replied that he has spoken with AT&T and Sprint, and that at this time AT&T was requesting
15 facilities and Sprint was requesting 9 facilities.
Chairperson Faria asked about the approved design and the unapproved design and to explain the
difference. IT Manager Tony Barrera replied that it was aesthetics and City staff prefers the stealth version
where there is no equipment hanging on poles. Senior Planner Gross replied that there are a variety of
mechanisms that carriers can propose. The proposed ordinance will include design preferences that give
guidance to the carriers.
Chairperson Faria replied that what he meant was 3-4 providers on one pole wouldn’t look good. Allison
Knapp replied that state law says you can do design and regulate aesthetics, but if the provider doesn’t
find it feasible, the regulations can be waived. City Attorney D’Andrea stated that we can impose general
requirements to applicable construction projects.
Commissioner Murphy asked if this would all be handled administratively and by Design Review? Senior
Planner Gross Replied yes.
Commissioner Ruiz asked about the picture with the pole and the four boxes expo sed on the sidewalk. Are
those boxes from different providers? Allison Knapp replied that the image was taken from the internet for
the staff report, and that it was intended as a worst case scenario of what City staff does not want to see
(and which would not be allowed per the proposed ordinance).
Commissioner Ruiz replied that he was going to ask if they could be put underground . Allison Knapp
replied that in the draft ordinance there are provisions for undergrounding.
Commissioner Wong stated that a couple meetings ago we had a few wireless applications asking to be
relocated. Would they be affected by this? Senior Planner Gross replied that they would not, they are
covered under Zoning Ordinance Chapter 20.370. The intent of this is to take some of the load off of the
bigger antennas, and spread it throughout the community. This is a different technology but remains
consistent with State and Federal regulations.
Commissioner Shihadeh stated that a lot of carriers are going to be jumping on the 5G bandwagon. We
should be streamlining this. He commends staff for leadership on this and getting in front of this pending
state legislation.
Vice-Chair Nagales Asked about the appeal process. Who does the applicant appeal to? Senior Planner
Gross replied that an appeal would be heard by the City Manager.
Motion that the Planning Commission make findings and adopt a Resolution recommending that the
City Council adopt an Ordinance making revisions to Title 20 (“Zoning”) of the South San Francisco
Municipal Code, related to Small Cell Wireless Communications Facilities regulations.
Commissioner Wong /Second – Commissioner Ruiz Approved by roll call vote (7-0-0)
ADMINISTRATIVE BUSINESS
2. Report regarding the installation of historical plaques at 256 Grand Avenue, 411 Grand Avenue, 501
Grand Avenue, and 201 Linden Avenue.
Commission Discussion begins 00:27:30 in video recording
Chairperson Faria asked where the tour will start.
Communications Director Arroyo stated the tour “The Grand Walk” will start at City Hall, on September 30th at
10am, and proceed to all eleven stops.
ITEMS FROM STAFF
ITEMS FROM COMMISSION
Vice-Chair Nagales stated that he attended the Rotary groundbreaking and it was a great event. Hats off to
staff and the Commission. This is an important housing development and it was nice to be a part of it.
Vice-Chair Nagales also asked staff to look into AB1505 which deals with the Palmer decision.
ITEMS FROM THE PUBLIC
September 21, 2017 Minutes Page 3 of 3
None.
ADJOURNMENT
Chairperson Faria adjourned the meeting at 7:31 P.M.
Sailesh Mehra Norm Faria, Chairperson
Secretary to the Planning Commission Planning Commission
City of South San Francisco City of South San Francisco
ZONING TEXT AMENDMENT TO ADD
CHAPTER 20.375 TO THE SOUTH SAN
FRANCISCO MUNICIPAL CODE RELATING TO
SMALL CELL WIRELESS COMMUNICATION
FACILITIES REGULATIONS
Current Regulations (Federal Law)
•Cities are preempted from enacting ordinances that prohibit, or have the effect of prohibiting, the provision of telecommunication services, including wireless services.
–But cities retain authority over individual zoning decisions regarding placement, construction, and modification of wireless facilities, subject to limitations set forth under federal law.
•Section 6409(a): Requires local governments to approve any request for collocation, removal, or replacement of transmission equipment on an existing wireless tower or base, if the action does not “substantially change” the physical dimensions of the tower or base station.
Current Regulations (State Law)
•PUC Code section 7901 “Telegraph or
telephone corporations” are allowed to
construct lines on public road, highway, water
or land, including poles, posts, piers, etc., as
long as construction does not “incommode the
public use of the road or highway or interrupt
the navigation of the waters. ”
•Wireless service providers are considered
“telephone corporations.”
State Law (cont’d)
•PUC Code Section 7091.1: Cities retain the
authority to regulate telephone lines within
public roads and highways based on aesthetic
concerns.
•This authority includes the right to exercise
reasonable control over the time, place, and
manner in which a public right-of-way may be
used to protect the function and safety of the
road or highway.
SENATE BILL (SB) 649
•Passed by the state legislature but vetoed by Governor Brown on October 15, 2017
•If passed, SB 649 would have imposed the following major requirements:
–Cities must allow a Small Cell Wireless Facility (SCWF) to be located in the public right of way and in any zone with a commercial or industrial use
–Cities can only require SCWFs to obtain a ministerial permit, a building permit or an encroachment permit, with reasonable design and collocation requirements
–Limit the amount and types of fees cities can charge SCWFs
–Allow cities to enter into agreements with service providers for terms different than those required under state law, and grandfathers existing agreements entered into before the bill’s effective date
Existing SSFMC Regulations
•Contained in Chapter 20.370, with the following highlights:
–Defines wireless telecommunication facilities and related components and
equipment subject to regulation
–Identifies the type of wireless telecommunication facilities subject to
regulation, including height and location elements
–Impose operational, maintenance, code compliance, design and aesthetic
standards
–Regulates location, facility heights, setbacks and separation requirements
–Requires service providers to submit an application for a Minor Use Permit
or a Use Permit, except for certain exempt facilities
–Sets forth the findings required for the Chief Planner/the Planning
Commission to approve a Minor Use Permit or Use Permit
–Establishes the requirements for wireless telecommunication facilities to
cease operation
HIGHLIGHTS OF PROPOSED ORDINANCE
•Defines Small Cell Wireless Facilities (SCWF)
•Establishes License Areas where SCWF are permitted
–On existing structures within the public right of way (ROW) in
all zoning districts
–On existing and new structures on private property located
outside of ROW in any zone that includes a commercial or
industrial use
•List preferred locations within the License Areas
–If in ROW: existing light poles > utility poles > utility cabinets
> any other existing pole or not readily visible structures
–If outside of ROW in any zone that includes a commercial or
industrial use, then on facilities ranked by design and location
preferences.
HIGHLIGHTS OF PROPOSED ORDINANCE
•Requires SCWF to obtain the following permits (exempts
government-owned SCWF):
–Small Cell Attachment Permit
–Encroachment Permit or Building Permit
–A Minor Use Permit if seeking a waiver or modifications from
the requirements of a Small Cell Attachment Permit
•Requires SCWF to meet the following requirements:
–Comply with the most current state and federal regulations
–Comply with City and state building codes and safety standards
–Demonstrate compliance with federal radio frequency emission
standards
HIGHLIGHTS OF PROPOSED ORDINANCE
•Requires SCWF to comply with the following operation and
maintenance standards:
–Signage installation on a SCWF is prohibited, except for a sign with
emergency contract information
–Each SCWF must be maintained in good working condition and appearance
–Each SCWF must install security measures, such as a emergency “kill
switch”
–A SCWF in ROW must relocate at owner’s expense for public works projects
–SCWF electrical power must be independently metered
–Existing City-owned light poles proposed for SCWF location must be
inspected prior to installation; if the pole fails inspection, the SCWF
applicant must replace the pole at its own cost, or install a proprietary pole
in place of the light pole and arrange for lighting, independent metering,
and satisfy other requirements
HIGHLIGHTS OF PROPOSED ORDINANCE
•SCWF must comply with the following Permit
Requirements:
–SCWF and any ancillary equipment must be located and designed to
be concealed, stealthed, or incorporated into the design of the pole.
–All equipment and facilities are required to be undergrounded unless
the City Engineer determines that undergrounding is infeasible
–SCWF pole installations must be designed to require no additional
supporting hardware beyond the pole itself and must be constructed
out of non-reflective materials consistent with surrounding backdrop
–SCWF owners must maintain and preserve design and aesthetic
features for each facility and equipment
HIGHLIGHTS OF PROPOSED ORDINANCE
•SCWF Permit Approval Process:
–Based on an application checklist provided by the Planning
Department, applicants will need to complete and submit with
application:
•Compliance verification form
•Proof of legal right to use the property proposed for SCWF installation
–For City-owned properties, applicants may enter into a Master License Agreement
with the City to satisfy this requirement.
–For other properties, applicant may provide proof of owner consent for installation
•Site plans and layouts, including maps, inventory of proposed sites, photo
simulations, drawings and plans
•Pay two fees: (1) Right-of-way pole usage fee and (2) City processing fee
•Financial assurance/bond for future removal of the SCWF facility
–Applicants are also required to hold a neighborhood outreach
meeting prior to submitting an application
UPDATES TO PROPOSED ORDINANCE
•Following the SB 649 veto, staff revisited and modified the
proposed ordinance as summarized below:
–Adds a list of preferred locations for SCWFs in the ROW
–Requires applicants to obtain a Minor Use Permit for applicants
seeking a waiver or modification of permit conditions required by
the proposed ordinance
–Requires applicants to hold neighborhood outreach meetings
–Removes fee calculation methods required by SB 649 and
replaced fee calculations with the rate to be set by the City’s
Master Fee Schedule
–Provides that SCWF applications are subject to concurrence by
the City Manager, based on review and recommendations from
the Chief Planner and staff
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:17-1067 Agenda Date:10/25/2017
Version:1 Item #:6a.
Ordinance adding Chapter 20.375 of the South San Francisco Municipal Code pertaining to the regulation of
Small Cell Wireless Communications Facilities.
WHEREAS,in July of 2010,the City Council for the City of South San Francisco (“City”)adopted a
comprehensive update to the City’s zoning ordinance,which repealed the then-existing Title 20 of the South
San Francisco Municipal Code (“Zoning Ordinance”),and replaced it with an entirely new Title 20 that,among
other actions,established new zoning districts,revised and reformatted many then-existing zoning provisions,
eliminated inconsistent and outdated provisions,and codified entirely new zoning provisions,including new
land use regulations and development standards (“Zoning Ordinance Update”); and
WHEREAS,as part of the 2010 Zoning Ordinance Update,the City adopted Chapter 20.370,which regulates
wireless facilities throughout the City; and
WHEREAS, since adoption of the Zoning Ordinance in July 2010, there have been legal developments,
including state law, that necessitate that the City refine, clarify, and/or correct certain provisions of the City’s
Zoning Ordinance and other relevant portions of the South San Francisco Municipal Code (“Municipal Code”)
that require refinement, clarification, and/or correction, including revisions to the City’s Chapter regulating
antennas and wireless communication facilities as well as a new chapter regarding small cell wireless facilities,
as further set forth in the Ordinance (“Ordinance”); and
WHEREAS, the Zoning Ordinance was adopted after preparation, circulation, consideration, and adoption of
an Initial Study/Negative Declaration (“IS/ND”) in accordance with the California Environmental Quality Act,
Public Resources Code Sections 21000, et seq. (“CEQA”), which IS/ND analyzed the environmental impacts of
adopting the Zoning Ordinance and concluded that adoption of the Zoning Ordinance could not have a
significant effect on the environment because none of the impacts required to be analyzed under CEQA would
exceed established thresholds of significance; and
WHEREAS, the additions set forth in this Ordinance, as they relate to small cell wireless communication
facilities, are minor in nature, the adoption of which would not result in any new significant environmental
effects or a substantial increase in the severity of any previously identified effects beyond those disclosed and
analyzed in the IS/ND prepared and circulated for the Zoning Ordinance, nor do the additions constitute a
potentially significant change in the project or change in circumstances that would require additional
environmental review; and
WHEREAS,the proposed Ordinance is not subject to the requirements of (CEQA)pursuant to the California
Code of Regulations Title 14,Chapter 3 section 15303,class 3,‘New Construction or Conversion of Small
Structures’.The Project is the construction and location of new small cell wireless facilities including ancillary
equipment and by definition is considered categorically exempt from CEQA.The Project would permit the
construction of small cell wireless facilities on existing and or replaced City-owned light fixtures within the
public-right-of-way and on privately owned property or in any zone that allows a commercial or industrial use.
The land use and operations of a small cell wireless facility would include,by definition,radio and
electromagnetic fields (radiation)which are subject to the permitting and safety regulations promulgated by theCity of South San Francisco Printed on 10/19/2017Page 1 of 17
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electromagnetic fields (radiation)which are subject to the permitting and safety regulations promulgated by the
Federal Communications Commission (FCC).The Small Cell Wireless Facility Ordinance requires Radio
Frequency Emissions compliant with the regulations set forth by the FCC,as part of the permitting process to
protect the public health and safety.Therefore,the Ordinance is self-mitigating.No further environmental
review is required at this time; and
WHEREAS,on September 21,2017,the City’s Planning Commission held lawfully noticed public hearing to
solicit public comment and consider the proposed Ordinance,take public testimony,and make a
recommendation to the City Council on the Ordinance; and
WHEREAS,on October 25,2017,the City Council for the City of South San Francisco held a lawfully noticed
public hearing to solicit public comment and consider the proposed amendments.
NOW,THEREFORE,BE IT ORDAINED that based on the entirety of the record before it,as described below,
the City Council of the City of South San Francisco does hereby ordain as follows:
SECTION 1.Findings
Based on the entirety of the record as described below,the City Council for the City of South San
Francisco hereby makes the following findings:
A.General Findings
1.The foregoing recitals are true and correct and made a part of this Ordinance.
2.The Record for these proceedings,and upon which this Ordinance is based,includes without
limitation,federal and state law;the California Environmental Quality Act (Public Resources Code §§21000 et
seq.(“CEQA”))and the CEQA Guidelines (14 California Code of Regulations §§15000 et seq.);the South San
Francisco General Plan and General Plan Environmental Impact Report,including all amendments and updates
thereto;the South San Francisco Municipal Code;the Initial Study and Negative Declaration prepared for the
Zoning Ordinance Update,including all written comments received;all reports,minutes,and public testimony
submitted as part of the Planning Commission's duly noticed meetings on September 21,2017;all reports,
minutes,and public testimony submitted as part of the City Council's duly noticed meeting on October 25,
2017;and any other evidence (within the meaning of Public Resources Code section 21080,subdivision (e)and
section 21082.2).
3.The refinements,clarifications,and/or corrections to the Zoning Ordinance as they relate to
installation of small cell wireless facilities is minor in nature and,the health and safety of the use of small cell
facilities is regulated by FCC.The FCC by legal mandate,oversees,regulates and limits environmental
exposure from radio frequency emissions within a specified level requisite to protect the public from harmful,
including cumulative,levels of exposure.Therefore,the adoption of the ordinance would not result in any new
significant environmental effects or a substantial increase in the severity of any previously identified effects
beyond those disclosed and analyzed in the IS/ND prepared and circulated for the Zoning Ordinance (2010),
nor do the refinements,clarifications,and/or corrections constitute a change in the project or change in
circumstances that would require additional environmental review.
4.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,
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Planning Division for the City of South San Francisco,315 Maple Avenue,South San Francisco,CA 94080,
and in the custody of Chief Planner, Sailesh Mehra.
B.Zoning Amendment Findings
1.The proposed Amendments are consistent with the adopted General Plan because the rapid
increase and dependence upon the use of mobile wireless devices affects nearly every aspect of our life
including educational,medical,social and informational activities.Reliable wireless service allows f
information access to people of all walks and phases of life;students,parents,friends,emergency personnel,
government,service institutions,and religious institutions.The proposed Ordinance related to the regulation of
small cell wireless facilities will remain consistent with the City’s General Plan vision for community and
economic development,and social and environmental equity,and will not impede achievement of any of the
goals, policies, or land use designations established in the General Plan.
2.The proposed Ordinance related to small cell wireless facilities would generally be suitable in
terms of ensuring architectural compatibility,consistency with area character,legibility,readability,finish and
visibility,and other considerations deemed relevant by the Planning Commission and City Council because of
the design and placement requirements outlined in the Ordinance.
3.The proposed Ordinance related to small cell wireless facilities would not result in any change
of zoning districts and therefore,would not be detrimental to the use of land in any adjacent zone because the
Ordinance is self-mitigating in that radio frequency emission (RF)studies are required to conform to FCC
regulations,to ensure that RF are within the amounts allowed and deemed requisite to protect the public health
as identified and regulated by the Federal Commissions Commission.
SECTION 2.Amendments
Part II of Division IV of Title 20,“Zoning,”of the South San Francisco Municipal Code is hereby amended by
adding Chapter 20.375, “Small Cell Wireless Communications Facilities,” to read as follows:
Chapter 20.375
SMALL CELL WIRELESS COMMUNICATIONS FACILITIES
Sections:
20.375.001 Purpose
20.375.002 Definitions
20.375.003 Permitted Facilities and License Areas
20.375.004 Standard Requirements
20.375.005 Permit Requirements
20.375.006 Permit Application Submittal Requirements
20.375.007 Permit Review, Renewal and Revocation Procedures
20.375.008 Cessation of Operations
20.375.009 Appeals
20.375.010 Violations and Penalties
20.375.001 Purpose
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The purpose of this chapter is to establish comprehensive requirements and standards for the development,
siting, installation, and operation of small cell wireless communications facilities and ancillary support
infrastructure. These regulations are intended to protect and promote public safety, community welfare, and the
aesthetic quality of the City consistent with the goals, objectives, and policies of the General Plan while
providing for well-managed development of small cell wireless telecommunications in accordance with the
Federal Telecommunications Act of 1996, Section 263 of Title 47 United States Code of Law, Section 6409 of
the Middle Class Tax Relief and Job Creation Act of 2012 and California law. The specific objectives of this
chapter include, but are not limited to the following:
A. Foster an aesthetically pleasing urban environment, prevent visual blight, protect and preserve
public safety and general welfare, and maintain the character of residential and nonresidential areas consistent
with the adopted General Plan and other City-adopted plans and in compliance with applicable State and
Federal legislation;
B. Minimize the number of small cell wireless facilities in the City by encouraging the location of
small cell facilities as a less intrusive alternative, including but not limited to co-location, where feasible;
C. Provide the opportunity for wireless quality of service to all persons and visitors in the City by
permitting well-designed small cell wireless facilities compliant with FCC health and safety regulations located
in the public rights-of-way in any zone or in any zone that includes a commercial or industrial use;
D. Improve the ability of telecommunications providers to provide services quickly, safely, effectively,
and efficiently while ensuring compliance with all applicable requirements;
E. Ensure that public safety personnel have adequate cellular coverage;
F. Support the use of wireless services to enhance personal and public health and safety and the general
welfare of persons living, working, and visiting in the City; and
G. Require wireless communications providers to use the best available design and technology to
eliminate all adverse visual impacts of the small cell wireless facilities and ancillary support infrastructure and
provide opportunities for further reduction in potential aesthetic and environmental impacts as changes in
technology occur.
20.375.002 Definitions
Unless otherwise specifically provided, the terms used in this chapter shall have the following meanings. For
those terms related to wireless communication facilities not defined here, refer to 20.370.008.
A.Ancillary Equipment.Any wires, cables, meter boxes, cooling devices, cable, conduit and
connectors, and any other equipment required to operate and support the operation of Small Cell Wireless
Facilities.
B.Applicant.The Service Provider(s) of the Small Cell Wireless Facilities that are proposed to be
located within the City, or Service Provider(s)’s authorized representative.
C.Co-location. The location of two or more wireless communications facilities owned or used by more
than one public or private entity on a single support structure or otherwise sharing a common location. Co-
location shall also include the location of wireless communications facilities with other facilities such as
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buildings, water tanks, light standards, and other utility facilities and structures.
D.Distributed Antenna System.Shall have the definition as stated in Section 20.370.008. A system of
Small Cell Facilities as defined and regulated by this Chapter does not include a Distributed Antenna System.
E.Equipment Cabinet. A structure that contains, protects and conceals the Ancillary Equipment.
Equipment Cabinet may also include the equipment necessary to allow for the undergrounding of PG&E meters
and other Ancillary Equipment related to the functioning of Small Cell Wireless Facilities.
F.Readily Visible. An object that can be seen from street level by a person with normal vision, and
distinguished as an antenna or other component of a wireless communication facility, due to the fact that it
stands out as a prominent feature of the landscape, protrudes above or out from the structure ridgeline, or is
otherwise not sufficiently camouflaged or designed to be compatible with the appurtenant architecture or
building materials.
G.Small Cell Wireless Facility.A Small Cell Wireless Facility means a wireless telecommunications
facility, as defined in paragraph (2) of subdivision (d) of Section 65850.6 of the Government Code, as
amended, or a wireless facility that uses licensed or unlicensed spectrum and that meets the following
requirements:
1. The small cell antenna(s) on the structure, excluding certain Ancillary Equipment as specified in
this subsection, that totals no more than six (6) cubic feet in volume, whether an array or separate.
2. Any individual piece of any Ancillary Equipment, except those specified in this subsection, on
pole structures that does not exceed nine (9) cubic feet.
3. The cumulative total of any Ancillary Equipment, except those specified in this subsection, on
pole structures does not exceed 21 cubic feet.
4. The cumulative total of any ground-mounted equipment along with all Ancillary Equipment,
except those specified in this subsection, on any pole or nonpole structure does not exceed 35 cubic
feet.
5. A Micro wireless facility, which shall be defined as a small cell that is no larger than 24 inches
long, 15 inches in width, 12 inches in height, and that has an exterior antenna, if any, no longer than
11 inches.
6. For the purposes of this subsection, the following types of Ancillary Equipment are excluded
from the calculation of equipment volume:
a. Electric meters and any required pedestal;
b. Concealment elements such as a stealth facility;
c. Any telecommunications demarcation box;
d. Grounding equipment, power transfer switch;
e. Cutoff switch;
f. Vertical cable runs for the connection of power and other services; and
g. Equipment concealed within an existing building or structure.
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7. For the purposes of this chapter, a Small Cell Wireless Facility does not include the following:
a. Wireline backhaul facility, which shall mean a facility used for the transport of
communications data by wire from wireless facilities to a network.
b. Coaxial or fiber optic cables that are not immediately adjacent to or directly associated with a
particular antenna or collocation.
c. Wireless facilities placed in any historic district listed in the National Park Service Certified
State or Local Historic Districts or in any historical district listed on the California Register of
Historical Resources or placed in coastal zones subject to the jurisdiction of the California Coastal
Commission.
d. Underlying vertical infrastructure, which shall mean poles or similar facilities owned or
controlled by the city that are in the public rights-of-way or public utility easements and meant for,
or used in whole or in part for, communications service, electric service, lighting, traffic control, or
similar functions.
H.Stealth Facility. Any commercial wireless communications facility that is designed to blend into
the surrounding environment by means of screening, concealment, or camouflage. The antenna and supporting
antenna equipment are either not readily visible beyond the property on which they are located, or, if visible,
appear to be part of the existing landscape or environment rather than identifiable as a wireless communications
facility. Stealth facilities may be installed, but such installation methods are not limited to, undergrounding,
partially undergrounding and landscaping.
I.License Area. Locations in City zones where Small Cell Wireless Facilities are permitted to be
installed and operated pursuant to the requirements of this chapter.
J.Public Right of Way.All public streets and utility easements, now and hereafter owned by the City
or other public entity, but only to the extent of the City or public entity’s right, title, interest or authority to grant
a license to occupy and use such streets and easements for wireless communication facilities.
20.375.003 Permitted Facilities and License Areas
A. Permitted Facilities.Subject to compliance with all applicable provisions of this chapter, Small Cell
Wireless Facilities shall, pursuant to a Small Cells Attachment Permit, be permitted in License Areas, which are
designated as follows:
1. On existing structures within the public right-of-way in all zoning districts.
2. On existing structures located outside of the public right-of-way in any zone that includes a
commercial or industrial use.
3. On new structures within the public right-of-way in all zoning districts, or outside of the public right-
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of-way in any zone that includes a commercial or industrial use, subject to the requirements of this Chapter.
B. Permitted Locations.Subject to compliance with all applicable provisions of this chapter, the
Permitted Locations for Small Cell Wireless Facilities within License Areas are as follows:
1. Small Cell Wireless Facilities in the public right-of-way in all zoning districts shall be located in
accordance with the following Design and Location Preferences. The preferred approaches for design and siting
of new Small Cell Wireless Facilities are ranked as indicated in the following lists. When a lower ranked
alternative is proposed, the application must include documentation demonstrating that a higher ranked option
is not feasible in light of the provider’s service objectives.
a. existing light poles
b. all other utility poles
c. utility cabinets
d. any other existing pole, or an existing structure in the public right-of-way that is not Readily
Visible.
For the purposes of this subsection, documentation provided by the Applicant that locating Small Cell Wireless
Facilities on a higher ranked option would result in all of the wireless telecommunications facilities being
limited to sites owned by one particular party within the City is sufficient to demonstrate that a higher ranked
option is not feasible.
2.Small Cell Wireless Facilities located outside of the public right-of-way in any zone that includes a
commercial or industrial use shall be located in accordance with the following Design and Location
Preferences. The preferred approaches for design and siting of new Small Cell Wireless Facilities are ranked as
indicated in the following lists. When a lower ranked alternative is proposed, the application must include
documentation demonstrating that a higher ranked option is not feasible in light of the provider’s service
objectives.
a. Design Preferences.
i. Building- or structure-mounted antennas that are not readily visible or are completely
concealed from view because of integration into design of nonresidential buildings or structures
erected and approved for use other than as wireless telecommunications support.
ii. Building- or structure-mounted antennas set back from roof edge and not visible from the
public right-of-way or from surrounding properties.
iii. On existing communication towers, existing signal, light or similar kinds of permanent poles
not supplying electric, telephone or similar service and not in the public right-of-way, or utility
facilities not subject to the City’s franchise agreements.
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iv. Nonbuilding- or structure-mounted alternative tower structures.
b. Location Preferences
i. In any Nonresidential district and co-located with existing conforming facilities.
ii. In any Nonresidential district and located more than 600 feet from a Residential district.
iii. On Nonresidential structures in Residential districts and located more than 600 feet from a
Residential Structure.
iv. In any Nonresidential district and located less than 600 feet from a Residential district.
C. Co-locating with Existing Wireless Communication Facilities.Co-location of Small Cell
Wireless Facilities with existing Wireless Communication Facilities within Permitted Locations is permitted,
subject to design and colocation standards as set forth in this chapter.
D. Permits Required.Applicants shall obtain the following permits prior to installing, constructing,
maintaining, operating, removing or performing work related to a Small Cells Wireless Facility:
1. Small Cell Attachment Permit. All Small Cell Wireless Facilities must obtain a Small Cell
Attachment Permit for each Small Cell Wireless Facility by submitting an application and obtaining approval
pursuant to the requirements of this chapter.
2. Encroachment Permit.An Applicant seeking to install, construct, operate, or perform work related
to Small Cell Wireless Facilities in the public right-of-way shall obtain a revocable encroachment permit prior
to commencing work. Applications for a right-of-way encroachment permit shall be submitted to the
Engineering Division of the Department of Public Works, after compliance with the application requirements
identified in Section 20.375.006, below.
a. The obligations of an encroachment permit shall run until Applicant applies for a demolition permit to
quit and cease operation. The City retains the right to inspect said facilities to ensure all conditions of the
permit are met. The encroachment permit obtained pursuant to this subsection shall continue unless otherwise
revoked pursuant to Chapter 13.04.080 of the Municipal Code. A performance review may be conducted
annually consisting of annual inspections to assure the facility is properly maintained and operated. Applicant
must timely provide the City with updated information including but not limited to changes in insurance and
equipment to update the encroachment permit reflecting those changes.
3. Building Permit.An Applicant seeking to install, construct, or perform work related to Small Cell
Wireless Facilities located outside of the public right-of-way in any zone that includes a commercial or
industrial use shall obtain a building permit after complying with the application and permitting requirements
stated in this chapter.
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4. Minor Use Permit.An Applicant that seeks a waiver or modification from the requirements for a
Small Cell Attachment Permit as set forth in this Chapter, including but not limited to design review and stealth
facility standards, may request such a waiver or modification in writing to the Chief Planner by applying for a
Minor Use Permit. If, after review of the request submitted through a Minor Use Permit application, the Chief
Planner determines that the purposes of this Chapter can be satisfied while granting the Applicant’s request for
waiver or modification, the Chief Planner shall approve the request subject to issuance of a Minor Use Permit.
Issuance of a Minor Use Permit under this subsection may include reasonable conditions to ensure purposes of
this Chapter are met. Issuance of a Minor Use Permit under this subsection does not relieve the Applicant of
the obligation to obtain an encroachment permit or a building permit in accordance with the requirements of
this section prior to commencing work.
E. Exempt Facilities.
1.Small Cell Wireless Facilities owned and operated by a governmental agency and utilized for
governmental function are exempt from the permit requirements of this chapter, provided that they conform to
the operational standards of Section 20.375.004 of this chapter.
2. The installation, placement, maintenance, or replacement of micro wireless facilities that are
suspended, whether embedded or attached, on communication cables strung between utility poles in
compliance with state safety codes are exempt from the permitting requirements of this Chapter.
20.375.004 Standard Requirements.
A.State or Federal Requirements.Small Cell Wireless Facilities, including ancillary equipment,
must meet or exceed current standards and regulations of the Federal Communications Commission (FCC), the
Federal Aviation Administration (FAA), and any other agency of the State or Federal government with the
authority to regulate Small Cell Wireless Facilities. If such standards and regulations are changed, then the
operators of the Small Cell Wireless Facilities governed by this chapter shall bring such facilities into
compliance with such revised standards and regulations within six months of the effective date of such
standards and regulations, unless a different compliance schedule is mandated by the controlling State or
Federal agency. Failure to bring permitted facilities into compliance with such revised standards and
regulations shall constitute grounds for the revocation of City permit and require removal of the small cell
facility at the service provider’s expense. This section shall not be construed as a basis to deny eligible facilities
request made pursuant to applicable provisions of the Middle Class Tax Relief and Job Creation Act of 2012.
B.Building Codes and Safety Standards.The Applicant shall ensure the structural integrity of its
Small Cell Wireless Facilities installed within the City, and shall ensure that the facilities are maintained in
compliance with standards contained in applicable State or local building codes and the applicable standards for
small cell wireless facilities that are published by the Electronic Industries Association, as amended from time
to time. If, upon inspection, the City determines that a facility fails to comply with such codes and standards
and constitutes a danger to persons or property, then upon notice being provided to the Applicant of the facility,
the Applicant shall have 15 days to bring such facility into compliance with such standards. Failure to bring
such tower into compliance within the required time shall constitute grounds for the revocation of City permit
and required removal of the small cell facility at the owner’s expense.
C.Radio Frequency Emissions Standards.Applicants shall provide evidence that the projected radio
frequency emissions from any and all permitted Small Cell Wireless Facilities comply with FCC Standards.
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D. Operation and Maintenance Standards.All Small Cell Wireless Facilities shall at all times comply
with the following standards in addition to any other conditions required by permits issued pursuant to this
chapter.
1. Except as provided in subsection D-2 below, an Applicant shall not install signs, display logos, or run
advertisement on, alongside, or in connection with a permitted facility.
2. Every permitted facility shall contain a signage listing the name and contact information for an
emergency contact individual or service shall be erected for every permitted facility. The signage shall comply
with design, material, color and location requirements as stated in the applicable encroachment permit. Contact
information listed on the sign shall be kept current and promptly be provided to the City.
3. Each permitted facility and any ancillary equipment shall be in maintained in good working condition
and appearance, free from trash, debris, litter and graffiti and other forms of vandalism. Any damage from any
cause shall be repaired as soon as reasonably possible so as to minimize occurrences of dangerous conditions or
visual blight. Graffiti shall be removed from any facility or equipment as soon as practicable, and in no instance
more than 48 hours from the time of receipt of City notice.
4. Each facility shall be operated to minimize noise impacts to surrounding land uses in accordance with
Title 8, Chapter 8.32 entitled “Noise Regulations” of the Municipal Code, and Chapter 9 of the General Plan
entitled “Noise.”
a. In residential areas, except for emergency repairs, testing and maintenance activities that will be
audible beyond the property line shall only occur between the hours of 8:00 a.m. and 6:00 p.m. on Monday
through Friday, excluding holidays.
b. All air conditioning units and any other equipment that may emit noise that would be audible from
beyond the right-of-way shall be enclosed or equipped with noise attenuation devices to the extent necessary to
ensure compliance with applicable noise limitations in Chapter 8.32 (“Noise Regulations”) of the South San
Francisco Municipal Code.
5. Each facility shall install the following security measures:
a. an on-site emergency “kill switch” to de-energize all radio frequency circuits and components of each
permitted facility in order to protect emergency response personnel. For co-locating facilities, a single “kill
switch” shall be installed that will de-energize all facilities located on the same pole at the facility in the event
of an emergency.
b. necessary safety measures to prevent unauthorized access, vandalism, and other safety concerns.
Installations must comply with design standards, described in Section 20.375.005, and nuisance regulations,
and must not interfere with City emergency services or transmission.
6. Any facility located within the right of way shall be relocated at Applicant’s sole cost, upon demand
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by City with reasonable notice, to allow for public projects, services or improvements.
7. Applicant shall, at its sole cost, be responsible for repairing to City standard specifications or
replacing in-kind any City facilities or improvements disturbed or damaged during the installation,
maintenance, operation, repair or removal of Applicant’s Small Cell Wireless Facilities, ancillary equipment,
and any support infrastructure. City facilities or improvements covered by this subsection includes, but are not
limited to the following:
a. Curb, gutter, sidewalk, storm drains, and pavements;
b. landscaping; and
c. structures, buildings, light poles and fixtures.
E. Electrical Metering and Structural Standards.All Small Cell Wireless Facilities shall comply
with the following requirements:
1. All electrical power required by Small Cell Wireless Facility installation shall be metered
independently from any anticipated or existing City projects or facilities.
2. All existing City-owned street light poles proposed for Small Cell Wireless Facility installations shall
be inspected prior to an installation in accordance with the most recent City structural standards for street light
poles, including but not limited to safety and load bearing capability for the SCWF to be installed, as approved
by the City Engineer.
a. Applicants requesting to install a SCWF on City-owned street light poles shall provide documentation
demonstrating that the pole proposed for installation meets or exceeds such City standards, and that the
proposed installation would not interfere or harm the structural integrity or standards of the light poles,
including but not limited to safety and load bearing capability for the SCWF to be installed.
b. Pursuant to the pre-installation pole inspection as required in subsection (2) above, and in the event
that a pole fails to meet such City structural standards, and in the event that the Applicant wishes to utilize that
location, the applicant shall at its own cost replace the existing street light pole at the proposed installation
location with a pole that meets or exceeds the City’s structural standards including safety and load bearing
capability so that the pole can safely support the proposed installation. Any existing lighting fixture shall be
reinstalled on the new pole at applicant’s cost..
c. Pursuant to a pre-installation pole inspection as required in subsection (2) above, and in the event that
a pole fails to meet City structural standards, an Applicant may, as an alternative to replacing the existing street
light pole at its own cost, request to install a proprietary pole, such that all Small Cell Wireless Facility
equipment is located internally within the pole structure. Any proprietary pole installation shall be inspected
prior to construction in accordance with the most recent City structural standards for the same or similar type of
pole, including but not limited to safety and load bearing capability, and shall be suitable for the location and
maintain American Disability Access (ADA) access requirements. Applicant will provide documentation
satisfactory to the City that the pole to be installed meets all required standards with regards to safety and load
bearing capabilities for the Small Cell Wireless Facility hardware to be installed. The existing lighting fixture
shall be re-installed on the new pole at Applicant’s cost.
20.375.005 Permit Requirements
A. General Standards.Small Cell Wireless Facilities and any ancillary equipment shall comply with
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the following permit requirements of this section, and shall be located and designed and whenever possible
screened to blend with the existing natural or built surroundings, as is required for similar construction projects
within the City. Improvements which will be primarily viewed against soils, trees or grasslands shall be painted
colors matching these landscapes while elements which rise above the horizon shall be painted a blue gray that
matches the typical sky color at that location.
B. Ancillary Equipment.To comply with important local aesthetics and expressive concerns, ancillary
equipment and any support facilities for Small Cell Wireless Facilities located in the public right-of-way shall
be located on the pole and concealed, stealthed or incorporated into the design of the pole. If location within the
stealth equipment is not feasible, the Ancillary Equipment shall be mounted on the pole in compliance with
applicable building code requirements and painted to match the pole color. If the prior two locations are
infeasible as determined by the City Engineer, the Ancillary Equipment shall be undergrounded. The City
Engineer shall determine feasibility based on any competing infrastructure near the Small Cell Wireless
Facility, or other safety, hydrological, geologic or other similar conditions that would impede undergrounding.
1. In the event that attachment on the pole or undergrounding is not feasible as determined by the City
Engineer, the ancillary equipment and any supporting infrastructure shall be concealed in a stealth facility,
which may include but are not limited to partial undergrounding, landscaping, or decorative treatment of the
cabinet. Stealth facility or other concealment measures shall comply with all applicable laws, including but not
limited to the American Disabilities Act.
C. Pole Designs.All Small Cell Wireless Facility pole installations shall be sufficiently designed and
engineered such that no additional supporting hardware is required beyond the pole itself. A Small Cell
Wireless Facility that is affixed to an existing light pole shall be painted and/or textured to match that structure.
D. Non-Reflective Materials. Small Cell Wireless Facilities shall be constructed out of non-reflective
materials (visible exterior surfaces only), or materials and colors consistent with surrounding backdrop.
Anodized metal is an acceptable treatment.
E. Design Preservation.Applicants are responsible for maintaining and preserving design and aesthetic
features for each facility, ancillary equipment and any support infrastructure, including but not limited to color,
tint, shade, treatment, painting, surface treatment, replacement landscaping, stealth design, and concealment.
F. Security Fencing.Under no circumstances shall security fencing be permitted.
20.375.006 Permit Application Submittal Requirements
A. Compliance Required.No applications for Small Cell Wireless Facilities shall be deemed complete
under this Chapter unless the Applicant has submitted all required application materials and applicable fees, as
provided by this section.
1.Batching Applications.Applicants submitting applications for more than two (2) Small Cell
Attachment Permits will be required to batch their applications in order to expedite review and action.
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B. Application Materials.A complete application for Small Cell Attachment Permits shall include the
following information:
1. A completed and signed application and checklist provided by the Planning Department. The
application shall be signed by the Applicant or by the Applicant’s authorized agent or representative.
2. A sworn statement entitled “Compliance Verification” by the Applicant or by the Applicant’s
authorized agent or representative, stating that the application holds all applicable licenses or other approvals
required by the Federal Communications Commission (FCC), the California Public Utilities Commission
(PUC), and any other agency of the Federal or State government with authority to regulate telecommunications
facilities that are required in order for the applicant to construct the proposed facility.
3. Documentation of, or a sworn statement by the Applicant or by the Applicant’s authorized agent or
representative, stating that applicant is in, compliance with all conditions imposed in conjunction with such
licenses or approvals, a description of the number, type, power rating, frequency range, and dimensions of
antennas, equipment cabinets, and related Small Cell Wireless communications facilities proposed to be
installed, and engineering calculations demonstrating that the proposed facility will comply with all applicable
FCC requirements and standards.
C. Proof of Legal Right to Use Property.Applications for Small Cell Wireless Facilities must be
accompanied by evidence satisfactory to the City demonstrating the property owner’s consent or other form of
proof demonstrating Applicant’s legal right to use the property upon which proposes to attach the Small Cell
Wireless Facility. Applicant must demonstrate evidence satisfactory to City for each and every proposed Small
Cell Wireless Facility. Failure to demonstrate a legal right to utilize the property upon which a Small Cell
Wireless Facility is attached is grounds for permit revocation.
1. Master License Agreements for City-owned structures. Applicants that have entered into a valid
Master License Agreement with the City for multiple Small Cell Wireless Facility attachments upon City-
owned structures shall be deemed to satisfy the requirements of this Subsection (C) for each Small Cell
Wireless Facility subject to the Master License Agreement. Applications for all site locations subject to the
Master License Agreement shall be batched and processed together. Small Cell Wireless Facilities subject to the
terms of a Master License Agreement shall still obtain an encroachment permit, and are subject to staff-level
design review to ensure compliance with any provisions in the Master License Agreements as well as to ensure
the best possible design consistent therewith.
D. Site Plans and Layouts.Applicants shall submit the following information with the application
electronically or by hardcopy. Hardcopy submittals shall be provided in triplicate.
1.Map and Inventory of Proposed Sites.Applicant shall provide a map of the proposed site(s)
including photographs of the City-owned light pole(s) as appropriate, where the facility(ies) is/are proposed to
be located. Map shall show all land uses within 300 feet of the proposed Small Cell Wireless Facility sites(s),
shown on the map. Small Cell Wireless Facility sites proposed in residentially zoned and/or used areas shall
include a 500-foot radius map.
2. Photo Simulations of Small Cell Facility and Ancillary Equipment.Applicant shall show the
placement of the proposed Small Cell Wireless Facility. The simulation shall show where the Small Cell
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Wireless Facility is proposed to be placed, where the ancillary equipment (cables, power sources, electricity,
and any other items required to operate and support the facility) is proposed to be located and how they will be
finished to comply with the requirements of this chapter. The proposed location and treatment of the Small Cell
Wireless Facility and any ancillary equipment shall comply with the Aesthetic Requirements in this chapter.
3. Drawings and Plans. Applicant shall furnish site plan, plans, and elevations drawn to scale that
identify the proposed Small Cell Wireless Facility and ancillary equipment placement. Elevations shall include
all structures on which facilities are proposed to be located. All proposed structures, including ancillary
equipment shall be drawn to scale on the elevations, see below. Emergency signage required as identified in this
chapter.
4. Camouflage and/or Matching Methods. Applicant shall provide both a description of methods
proposed to stealth the Small Cell Wireless Facility and all ancillary equipment, and colors and materials
specifications.
5.Identify all Ancillary Equipment.Plans shall identify any and all ancillary equipment required to
support the Small Cell Wireless Facility, including but not limited to emergency generators, air conditioning
equipment, cables, and power sources.
E. Fee Requirements.An application for Small Cells Wireless Facilities shall be accompanied by the
following fee payments:
1. Right-of-Way Pole Usage Fee.Unless set forth in a Master License Agreement, and in that case, the
terms of the Master License Agreement shall govern, Pole usage fee amounts shall be set by the City’s most
current Master Fee Schedule as established by City Council resolution.
2.City Processing Fees. City application and permit processing fees shall be charged pursuant to the
City’s Master Fee Schedule in effect at the time the application is filed.
20.375.007. Permit Review, Renewal and Revocation Procedures.
A. Review and Notice. Applications submitted to the City will be promptly processed and reviewed.
Applicants will be promptly notified of incomplete applications, but no later than 30 days after the application
has been submitted. After an application has been deemed incomplete, in order to proceed further in the
application process, Applicants shall provide such supplemental information to address the incompleteness or
insufficiencies identified in the City’s notice.
1. Following determination of a complete application, the Applicant shall mail “Notice of Proposed
Action to Approve a Small Cell Wireless Facility” to addresses within three-hundred (300) feet of the proposed
site(s) in all zoning districts except residential. Notices in residential districts shall include a five-hundred (500)
feet radius for notification. Applicant shall also schedule a neighborhood outreach meeting involving residents
and businesses within the radius area as described in this subsection within 2 weeks of submittal of an
application. Following the meeting, Applicant shall submit any transcripts, minutes and/or videos of the
outreach meeting to the City.
2. Applications shall be reviewed by the City Engineer, Chief Planner, and Chief Building Official for
sufficiency and compliance with this Chapter. The Chief Planner shall make a preliminary determination on the
Application and submit for concurrence by the City Manager or his/her designee. Following review by City
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Manager or his/her designee, the Chief Planner shall approve or deny an application in accordance with the
requirements of this section.
B. Pre-Submittal Actions.To ensure complete submissions, Applicant(s) for Small Cell Wireless
Facilities are encouraged to complete the following tasks prior to City staff conducting its application review
process:
1. Participate in an pre-submittal meeting with City staff.
2. Submit a completed and signed “Application Checklist”.
3. Pay fees in the applicable amount identified pursuant to this chapter and discussed at the pre-
application meeting.
4. Provide all required materials pursuant to 20.375.006 of this chapter.
C. Financial Assurances. Prior to obtaining a permit to erect or install the proposed facility, the
applicant shall either secure a bond or provide financial assurances, in a form acceptable to the City Manager,
for the removal of the facility in the event that its use is abandoned or the approval is otherwise terminated.
D. Permit Approval and Issuance.All Small Cell Wireless Facilities not otherwise exempt from
regulation from this chapter shall be issued a Small Cell Attachment Permit, an encroachment permit and
building permit by City, provided that all applicable permit, application, location, construction, operation,
maintenance, repair, and design requirements as stated in this chapter have been met.
E. Modification of Requirements.The City Council may waive or modify requirements of this
chapter upon advice of the City Attorney that denial of the application would have the effect of prohibiting the
provision of telecommunications services, unreasonably discriminating among service providers, or
constituting any other violation of State or Federal law. The applicant shall have the burden of proving that the
denial would result in such a violation.
20.375.008 Cessation of Operations
A. Voluntary Cessation. Applicants intending to vacate a Small Cell Wireless Facility site shall notify
the Chief Planner of this intent to vacate at least 30 days prior to the vacation.
B. Abandonment.A permit for a Small Cell Wireless Facility that is not operated for a continuous
period of 12 months shall be deemed lapsed and the site will be considered abandoned unless:
1. The Chief Planner has determined that the same operator resumed operation within six months of
the notice; or
2. The City has received an application to transfer the permit to another service provider.
C. Removal of Facilities and Restoration of Site.No later than 120 days from the date a Small Cell
Wireless Facility is has ceased operation, or from the date of receipt of the Applicant’s notice of its intent to
vacate the site, the Applicant or its authorized agent of the abandoned Small Cell Wireless Facility shall remove
all equipment and improvements associated with the use, and shall restore the site to its original condition as
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shown on the plans submitted with the original approved application or as required by the Chief Planner.
1. The Applicant or its authorized agent may use any bond or other assurances provided pursuant to the
requirements of Section 20.375.007C (“Financial Assurances”) to fulfill the requirements of this subsection.
2. The owner or agent shall provide written verification of the removal of the Small Cell Wireless
Facility within 30 days of the date the removal is completed.
D. Failure to Remove and Restore.A Small Cell Wireless Facility that is not removed and the site has
not been restored in accordance with the requirements stated above, the site shall be deemed to be a nuisance
pursuant to Section 20.580.003 of the Municipal Code. The Chief Planner may cause the facility to be removed
at the owners’ expense or by calling any bond or other financial assurance to pay for removal.
1. For a single structure occupied by two or more users, this subsection shall not become effective until
all users cease on the structure.
2. The requirement for removal of equipment in compliance with this section shall be included as a
provision in any lease of private property for Small Cell Wireless Facilities.
20.375.009 Appeals
Any appeals of a staff decision under this Chapter may be appealed to the City Manager, or his
designee. An appeal shall be submitted in writing to the City Clerk. The appeal shall be accompanied by the fee
specified in the City’s master fee schedule. Any appeal under this section shall be considered in a manner
consistent with the Middle Class Tax Relief and Job Creation Act of 2012, related Federal Communications
Commission (FCC) “shot clock” regulations, and applicable state law permit streamlining requirements.
20.375.010 Violations and Penalties
Failure to comply with these standards shall be considered a violation of conditions of approval subject
to enforcement pursuant to provisions of Title 20. All violations and penalties shall be enforced pursuant to the
procedure set forth in Chapter 20.580 of the Municipal Code.
SECTION 3.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 4.Publication and Effective Date
Pursuant to the provisions of Government Code section 36933,a summary of this Ordinance shall be
prepared 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 this Ordinance,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 voting for and against this Ordinance or
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Ordinance along with the names of those City Council members voting for and against this Ordinance or
otherwise voting. This Ordinance shall become effective thirty (30) days from and after its adoption.
*****
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:17-879 Agenda Date:10/25/2017
Version:1 Item #:7.
Report regarding an ordinance modifying regulations related to accessory dwelling units Citywide,in
accordance with South San Francisco Municipal Code Chapter 20.550 ("Amendments to Zoning Ordinance and
Map"). (Rozalynne Thompson, Associate Planner)
RECOMMENDATION
Staff recommends that the City Council waive reading and introduce an ordinance making revisions to
Title 20 (“Zoning”)of the South San Francisco Municipal Code,related to accessory dwelling unit
regulations.
BACKGROUND/DISCUSSION
On September 27,2016,Governor Brown signed Senate Bill (SB)1069 and Assembly Bill (AB)2299 into law,
modifying a local jurisdiction’s ability to regulate accessory dwelling units (ADUs),which is the new term in
these bills for second dwelling units.In addition,Governor Brown signed AB 2406 into law,which authorizes
local agencies to provide,by ordinance,for the creation of “junior accessory dwelling units”(JADU),in single
family residential zones.
The new law touches on multiple aspects of the local regulation of ADUs and requires that the City modify its
current municipal code regulations (found in primarily in section 20.350.035 of the Zoning Ordinance)to
ensure compliance with the state standards.Per the requirements of the state statutes,as of January 1,2017,the
City has been applying the new state standards.Upon adoption of an amended ordinance and submission of the
ordinance to the State of California Department of Housing and Community Development,the City will begin
applying its own standards pursuant to its amended compliant ordinance.
Some elements of the new law are mandatory and thus,the City has no authority to adopt different regulations
for those elements.However,other elements of the law provide some flexibility for local jurisdictions to tailor
the requirements to their communities.Because the City’s current ordinance contains provisions that are not
consistent with the mandatory elements of the new law,the City’s ordinance needs to be amended in order for
the City to continue enforcing local regulations.
Housing Sub-Committee and Planning Commission Study Sessions
On November 3,2016,Planning Division staff circulated a memorandum to the Housing Sub-Committee that
outlined the state legislation and summarized the City’s existing second dwelling unit zoning regulations.At the
February 6,2017 Housing Sub-Committee meeting,Planning Division staff discussed the new legislation and
presented potential revisions to the Zoning Ordinance for their consideration.The Housing Sub-Committee
reviewed the proposed revisions and raised a concern about the reduced parking requirement.The Housing Sub
-Committee directed the Planning Commission to hold a study session on the statutory changes and proposed
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-Committee directed the Planning Commission to hold a study session on the statutory changes and proposed
amendments.On March 16,2017,the Planning Commission held a study session to discuss the statutory
changes and proposed revisions to the Zoning Ordinance.The Planning Commission also expressed concern
about the reduced parking requirement and whether more than one JADU would be allowed on a property.
July 6, 2017 Planning Commission Hearing
The proposed revisions were presented at the July 6,2017 Planning Commission hearing for recommendation
to City Council.During the hearing,the Planning Commission requested clarification from staff on several
issues,including,but not limited to,the maximum size of an ADU,setbacks for ADUs,parking configuration
and requirements for the primary dwelling and the ADU, and requirements for JADUs.
The Planning Commission also raised an issue regarding the proposed external door requirement for JADUs.
The Commission was concerned that if a front bedroom was converted into a JADU and an external door was
required then there could be two adjacent external doors on the front of a dwelling.In its recommendation,the
Planning Commission proposed a revision to the draft ordinance to provide the Chief Planner with the
discretion to grant exceptions to the external door requirement for JADUs.Upon further review and analysis,
staff determined that requiring external doors for JADUs is mandatory under state law.Consequently,staff
drafted an alternative revision to the ordinance,which is included in the associated ordinance for City Council
consideration.The proposed revision addresses the Planning Commission’s concerns while ensuring
compliance with state law.The proposed revision to Section 20.350.035 (K)(1)(c)states that where possible,
exterior entries for JADUs shall not be located adjacent to the primary front door of the primary dwelling unit.
At the conclusion of the meeting,the Planning Commission adopted a resolution recommending revisions to
the ADU regulations in the Zoning Ordinance.See Attachment 1 for minutes of the July 6,2017 Planning
Commission hearing. See Attachment 2 for the Planning Commission resolution.
Proposed Amendments to the Zoning Ordinance to Comply with State ADU Legislation
In response to the state legislation,staff is proposing the following changes to bring the City’s Municipal Code
into compliance with the new state ADU legislation:
·Replace the term “second dwelling units”,“second housing units”,and “second units”with “accessory
dwelling units” throughout the Zoning Ordinance.
·Add “landscaping” as one of the criteria evaluated in an application for an ADU.
·Eliminate setbacks for existing garages that are converted to an accessory dwelling unit.
·Require a five-foot side and rear setback for accessory dwelling units constructed above a garage.
·Eliminate Design Review requirement and any other discretionary review as part of the application
process.
·Exempt certain ADUs from the one-car parking requirement if applicable criteria are satisfied.
·Permit tandem parking on an existing driveway as parking for an ADU, if a parking space is required.
·Allow single-family dwelling units with nonconforming parking that construct an ADU to satisfy the
parking requirement by any configuration on the site.
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Additional Modifications to Accessory Dwelling Unit Regulations
While not specifically required by State law,staff recommends additional changes to the ordinance to increase
flexibility and further encourage creation of accessory dwelling units as follows:
·Modify the setbacks for detached ADUs to be five feet from side and rear property lines.
·Increase the maximum floor area of ADUs to 50 percent of the floor area of the existing single-family
dwelling or 900 square feet, whichever is less.
·Eliminate the maximum bedroom requirement.
·Allow JADUs, subject to required development standards.
Environmental Review
In accordance with the California Environmental Quality Act (CEQA),the City’s Zoning Ordinance Update
consultant prepared and circulated an Initial Study/Negative Declaration for the 2010 Zoning Ordinance
Update.In July of 2010,the City Council adopted the Initial Study/Negative Declaration.The proposed
changes to the Zoning Ordinance to make minor alterations to ensure that the City’s Accessory Dwelling Unit
requirements are consistent with state law are minor in nature.These changes would not create any significant
environmental effect requiring major revisions to the environmental review or Initial Study/Negative
Declaration prepared and circulated for the Zoning Ordinance Update (2010).Therefore,no further
environmental review is required at this time.
FISCAL IMPACT
This action has no impacts to the City’s fiscal budget.
CONCLUSION
Staff recommends that the City Council waive reading and introduce an ordinance making revisions to Title 20
(“Zoning”) of the South San Francisco Municipal Code, related to Accessory Dwelling Unit regulations.
Attachments:
1.Minutes of the July, 6 2017 Planning Commission hearing
2.Planning Commission Resolution 2808-2017
3.Powerpoint Presentation
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RESOLUTION NO. 2808-2017
PLANNING COMMISSION, CITY OF SOUTH SAN FRANCISCO
STATE OF CALIFORNIA
RESOLUTION MAKING FINDINGS AND RECOMMENDING THAT THE CITY
COUNCIL ADOPT AN ORDINANCE AMENDING THE SOUTH SAN FRANCISCO
ZONING ORDINANCE, RELATED TO ACCESSORY DWELLING UNITS CITYWIDE.
WHEREAS, in July of 2010, the City Council for the City of South San Francisco
adopted a comprehensive update to the City’s zoning ordinance, which repealed the then-existing
Title 20 of the South San Francisco Municipal Code (“Zoning Ordinance”), and replaced it with
an entirely new Title that, among other actions, established new zoning districts, revised and
reformatted many then-existing zoning provisions, eliminated inconsistent and outdated
provisions, and codified entirely new zoning provisions, including new land use regulations and
development standards; and,
WHEREAS, as part of the 2010 Zoning Ordinance Update, the City adopted Section
20.350.035, which allows accessory dwelling units on properties with single-unit dwellings
throughout the City; and,
WHEREAS, the availability of housing is a substantial concern for individuals of all
demographics, ages, and economic backgrounds in communities throughout the State of
California; and
WHEREAS, accessory dwelling units and junior accessory dwelling units offer lower
cost housing to meet the needs of existing and future residents within existing neighborhoods,
while respecting architectural character; and
WHEREAS, in September 2016, the Legislature passed new laws including AB 2299, SB
1069, and AB 2406 intended to increase the number of accessory dwelling units and junior
accessory dwelling units by simplifying the approval process and reducing costs associated with
their creation, developing new standards and regulations, and modifying the City’s ability to
regulate accessory dwelling units; and
WHEREAS, the State of California has established that a local agency may adopt a local
ordinance to provide for the creation of accessory dwelling units and junior accessory dwelling
units in single family residential zones and the ordinance must designate areas within the
jurisdiction where accessory dwelling units may be permitted; and
WHEREAS, accessory dwelling units and junior accessory dwelling units are residential
uses consistent with existing residential zoning and General Plan designations; and
WHEREAS, the proposed accessory dwelling unit and junior accessory dwelling unit
provisions and standards would implement Housing Element, Policy I-6, “The City shall support
and facilitate the development of second units on single-family designated and zoned parcels”;
and
WHEREAS, the proposed Zoning Ordinance amendments comply with the California
legislative amendments that were made in 2016 to Government Code Section 65852.2, which
establish standards for the development of accessory dwelling units and junior accessory
dwelling units designed to increase the supply of smaller and affordable housing while ensuring
that such housing remain compatible with the existing neighborhood; and
WHEREAS, the City has prepared an amendment (“Amendment”) to the City’s Zoning
Ordinance, including refinements to Section 20.350.035 of the Zoning Ordinance; and
WHEREAS, the Zoning Ordinance was adopted after preparation, circulation,
consideration, and adoption of an Initial Study/Mitigated Negative Declaration (“IS/MND”) in
accordance with the California Environmental Quality Act, Public Resources Code Sections
21000, et seq. (“CEQA”), in which the IS/MND analyzed the environmental impacts of adopting
the Zoning Ordinance and concluded that adoption of the Zoning Ordinance could not have a
significant effect on the environment because none of the impacts required to be analyzed under
CEQA would exceed established thresholds of significance; and
WHEREAS, the refinements, clarifications, and/or corrections set forth in this
Amendment, as they relate to accessory dwelling unit and junior accessory dwelling unit
regulations are minor in nature, the adoption of which would not result in any new significant
environmental effects or a substantial increase in the severity of any previously identified effects
beyond those disclosed and analyzed in the IS/MND prepared for the Zoning Ordinance, nor do
the refinements, clarifications, and/or corrections constitute a change in the project or change in
circumstances that would require additional environmental review; and
WHEREAS, on July 6, 2017 the Planning Commission for the City of South San
Francisco held a lawfully noticed public hearing to solicit public comment and consider the
proposed Amendment, take public testimony, and make a recommendation to the City Council
on the project.
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 Resources
Code §21000, et seq. (“CEQA”) and the CEQA Guidelines, 14 California Code of Regulations
§15000, et seq.; the South San Francisco General Plan and General Plan EIR, including all
amendments and updates thereto; the South San Francisco Municipal Code; all reports, minutes,
and public testimony submitted as part of the Planning Commission’s duly noticed July 6, 2017
meeting and any other evidence (within the meaning of Public Resources Code §21080(e) and
§21082.2), the Planning Commission of the City of South San Francisco hereby finds as follows:
SECTION 1 FINDINGS
I. General Findings
1. The foregoing recitals are true and correct and made a part of this Resolution.
2. The Record for these proceedings, and upon which this Resolution is based, includes without
limitation, Federal and State law; the California Environmental Quality Act (Public
Resources Code §§ 21000, et seq. (“CEQA”)) and the CEQA Guidelines (14 California Code
of Regulations § 15000, et seq.); the South San Francisco General Plan and General Plan
EIR, including all amendments and updates thereto; the South San Francisco Municipal
Code, all reports, minutes, and public testimony submitted as part of the Planning
Commission’s duly noticed July 6, 2017 meeting and any other evidence (within the meaning
of Public Resources Code §21080(e) and §21082.2).
3. The refinements, clarifications, and/or corrections set forth in this Amendment, as they relate
to accessory dwelling unit and junior accessory dwelling unit regulations are minor in nature,
the adoption of which would not result in any new significant environmental effects or a
substantial increase in the severity of any previously identified effects beyond those disclosed
and analyzed in the IS/MND prepared for the Zoning Ordinance, nor do the refinements,
clarifications, and/or corrections constitute a change in the project or change in
circumstances that would require additional environmental review.
4. 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, Sailesh Mehra.
II. Zoning Text Amendment Findings
1. The proposed Zoning Amendment meets the purpose of the Zoning Ordinance and is
consistent with the adopted General Plan because the Zoning Amendment will reinforce the
General Plan policies, is consistent with the relevant specific plans, and is consistent with the
City’s overall vision for providing a diversity of housing types responsive to household size,
income, and age needs. None of the new or revised requirements for accessory dwelling
units and junior accessory dwelling units will conflict with or impede achievement of any of
the goals, policies, or land use designations established in the General Plan.
2. The Zoning Amendments would encourage the creation of accessory dwelling units and
junior accessory dwelling units on residentially zoned properties to provide opportunities for
affordable housing stock. The zoning districts where accessory dwelling units and junior
accessory dwelling units are permitted are generally suitable in terms of access, size of
parcel, relationship to similar or related uses, and other considerations as deemed relevant by
the Planning Commission and City Council because the proposed uses are consistent with
General Plan policies, specifically those policies which promote developing a diverse
housing stock.
3. The proposed revisions and additions to the accessory dwelling unit regulations will not be
detrimental to the use of land in any adjacent zone because the Zoning Amendment will
refine existing performance standards and introduce new standards for accessory dwelling
units to ensure that any future accessory dwelling units are compatible with surrounding
single-family residential uses.
SECTION II. AMENDMENTS.
The Planning Commission recommends that the City Council adopt the draft Ordinance attached
as Exhibit A. Sections and subsections that are not amended by the draft Ordinance in Exhibit A
shall remain in full force and effect.
SECTION 2 RECOMMENDATION
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission of
the City of South San Francisco hereby makes the findings contained in this Resolution, and
recommends that the South San Francisco City Council adopt an Ordinance amending the South
San Francisco Municipal Code as shown in Exhibit A including revisions to Tables 20.080.002,
20.090.002, 20.100.002, 20.280.003, 20.330.004, 20.330.007 and Sections 20.300.002,
20.320.004, 20.350.035, 20.440.008, 20.480.003, and 20.620.002 and the proposed revision to
Section 20.350.035(K)(1)(c).
BE IT FURTHER RESOLVED that this Resolution shall become effective immediately
upon its passage and adoption.
* * * * * * *
I hereby certify that the foregoing resolution was adopted by the Planning Commission of
the City of South San Francisco at a regular meeting held on the 6th day of July, 2017 by the
following vote:
AYES: Chairperson Faria, Vice Chairperson Nagales, Commissioner Wong, Commissioner
Shihadeh, Commissioner Ruiz, Commissioner Murphy, Commissioner Tzang
NOES:
ABSTENTIONS:_______________________________________________________________
ABSENT:
Attest_/s/Sailesh Mehra__________
Secretary to the Planning Commission
City Council
September 6, 2017
1
9/6/2017 Planning Division 2
•AB 2299 and SB 1069 amend sections of
the State law regarding “Accessory Dwelling
Units”
•Local zoning ordinances must comply with
the new ADU law
•Replace term “Second Dwelling Units” with
“Accessory Dwelling Units” (ADUs)
•Landscaping as an additional development
standard
•Amend regulations regarding garage
conversions and ADUs built above a garage
9/6/2017 Planning Division 3
•Eliminate Design Review requirement
•Adjust parking requirements
9/6/2017 Planning Division 4
9/6/2017 Planning Division 5
•Location and setbacks of detached ADUs
•Increase maximum floor area
•Remove restriction on the number of bedrooms
•Introduce Junior Accessory Dwelling Units (JADUs)
That the City Council adopt an Ordinance
making revisions to Title 20 (“Zoning”) of the
South San Francisco Municipal Code, related
to Accessory Dwelling Unit regulations.
9/6/2017 Planning Div. 6
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:17-880 Agenda Date:10/25/2017
Version:1 Item #:7a.
Ordinance amending the South San Francisco zoning ordinance,related to accessory dwelling units Citywide,
in accordance with South San Francisco Municipal Code Chapter 20.550 ("Amendments to Zoning Ordinance
and Map").
WHEREAS,in July of 2010,the City Council for the City of South San Francisco (“City”)adopted a
comprehensive update to the City’s zoning ordinance,which repealed the then-existing Title 20 of the South
San Francisco Municipal Code (“Zoning Ordinance”),and replaced it with an entirely new Title that,among
other actions,established new zoning districts,revised and reformatted many then-existing zoning provisions,
eliminated inconsistent and outdated provisions,and codified entirely new zoning provisions,including new
land use regulations and development standards (“Zoning Ordinance Update”); and
WHEREAS,as part of the 2010 Zoning Ordinance Update,the City adopted Section 20.350.035,which
allows accessory dwelling units to be located on properties with single-unit dwellings throughout the City; and
WHEREAS,the availability of housing is a substantial concern for individuals of all demographics,
ages, and economic backgrounds in communities throughout the State of California; and
WHEREAS,accessory dwelling units and junior accessory dwelling units offer lower cost housing
options to meet the needs of existing and future residents within existing neighborhoods,while respecting
architectural and neighborhood character; and
WHEREAS,in September of 2016,the California legislature passed new laws including AB 2299,SB
1069,and AB 2406,which were intended to increase the number of accessory dwelling units and junior
accessory dwelling units by simplifying the approval process and reducing costs associated with their creation,
developing new standards and regulations,and modifying cities’ability to regulate accessory dwelling units;
and
WHEREAS,state law provides that local agencies may,by ordinance,provide for the creation of
accessory dwelling units and junior accessory dwelling units in single family residential zones and such
ordinances must designate areas within local jurisdictions where accessory dwelling units may be permitted;
and
WHEREAS,accessory dwelling units and junior accessory dwelling units are residential uses consistent
with the City’s existing residential zoning and General Plan designations; and
WHEREAS,the proposed accessory dwelling unit and junior accessory dwelling unit provisions and
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WHEREAS,the proposed accessory dwelling unit and junior accessory dwelling unit provisions and
standards would implement Housing Element,Policy I-6,“The City shall support and facilitate the
development of second units on single-family designated and zoned parcels”; and
WHEREAS,the proposed Zoning Ordinance amendments comply with the legislative amendments
made in 2016 to Government Code Section 65852.2,which establish standards for the development of
accessory dwelling units and junior accessory dwelling units so as to increase the supply of smaller and
affordable housing while ensuring that they remain compatible with the existing neighborhood; and
WHEREAS,the City has prepared a Zoning Amendment (“Amendment”)to the City’s Zoning
Ordinance, including refinements to Section 20.350.035 of the Zoning Ordinance; and
WHEREAS,the Zoning Ordinance was adopted after preparation,circulation,consideration,and
adoption of an Initial Study/Mitigated Negative Declaration (“IS/MND”)in accordance with the California
Environmental Quality Act,Public Resources Code Sections 21000,et seq.(“CEQA”),in which the IS/MND
analyzed the environmental impacts of adopting the Zoning Ordinance and concluded that adoption of the
Zoning Ordinance could not have a significant effect on the environment because none of the impacts required
to be analyzed under CEQA would exceed established thresholds of significance; and
WHEREAS,the refinements,clarifications,and/or corrections set forth in this Amendment,as they
relate to accessory dwelling unit and junior accessory dwelling unit regulations are minor in nature,the
adoption of which would not result in any new significant environmental effects or a substantial increase in the
severity of any previously identified effects beyond those disclosed and analyzed in the IS/MND prepared for
the Zoning Ordinance,nor do the refinements,clarifications,and/or corrections constitute a change in the
project or change in circumstances that would require additional environmental review; and
WHEREAS,on July 6,2017,the Planning Commission for the City of South San Francisco held a
lawfully noticed public hearing to solicit public comment and consider the proposed Amendment,take public
testimony, and make a recommendation to the City Council on the project; and
WHEREAS,on October 25,2017,the City Council for the City of South San Francisco held a lawfully
noticed public hearing to solicit public comment,take public testimony,consider the proposed Amendment,and
take action on the proposed Amendment.
NOW,THEREFORE,BE IT ORDAINED that based on the entirety of the record before it,as described
below, the City Council of the City of South San Francisco does hereby ORDAIN as follows:
SECTION I.FINDINGS.
Based on the entirety of the record as described above,the City Council for the City of South San
Francisco hereby makes the following findings:
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File #:17-880 Agenda Date:10/25/2017
Version:1 Item #:7a.
A.General Findings.
1.The foregoing recitals are true and correct and made a part of this Ordinance.
2.The record for these proceedings,and upon which this Ordinance is based,includes without limitation,
Federal and State law;the California Environmental Quality Act,Public Resources Code §21000,et seq.
(“CEQA”)and the CEQA Guidelines,14 California Code of Regulations §15000,et seq.;the South San
Francisco General Plan and General Plan EIR,including all amendments and updates thereto;the South San
Francisco Municipal Code;all reports,minutes,and public testimony submitted as part of the Planning
Commission’s duly noticed July 6,2017 meeting;all reports,minutes,and public testimony submitted as
part of the City Council’s duly noticed October 25,2017 meeting;and any other evidence (within the
meaning of Public Resources Code §21080(e) and §21082.2).
3.The refinements,clarifications,and/or corrections set forth in this Amendment,as they relate to
accessory dwelling unit and junior accessory dwelling unit regulations are minor in nature,the adoption of
which would not result in any new significant environmental effects or a substantial increase in the severity
of any previously identified effects beyond those disclosed and analyzed in the IS/MND prepared for the
Zoning Ordinance,nor do the refinements,clarifications,and/or corrections constitute a change in the
project or change in circumstances that would require additional environmental review.
4.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, Sailesh Mehra.
B.Zoning Amendment Findings
1.The proposed Zoning Amendment is consistent with the adopted General Plan because the Zoning
Amendment will reinforce the General Plan policies,is consistent with the relevant specific plans,and is
consistent with the City’s overall vision for providing a diversity of housing types responsive to household
size,income,and age needs.None of the new or revised requirements for accessory dwelling units and
junior accessory dwelling units will conflict with or impede achievement of any of the goals,policies,or
land use designations established in the General Plan.
2.The Zoning Amendments would encourage the creation of accessory dwelling units and junior accessory
dwelling units on residentially zoned properties to provide opportunities for affordable housing stock.The
zoning districts where accessory dwelling units and junior accessory dwelling units are permitted are
generally suitable in terms of access,size of parcel,relationship to similar or related uses,and other
considerations as deemed relevant by the Planning Commission and City Council because the proposed
uses are consistent with General Plan policies,specifically those policies which promote developing a
diverse housing stock.
3.The proposed revisions and additions to the accessory dwelling unit regulations will not be detrimental
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3.The proposed revisions and additions to the accessory dwelling unit regulations will not be detrimental
to the use of land in any adjacent zone because the Amendment will refine existing performance standards
and introduce new standards for accessory dwelling units to ensure that any future accessory dwelling units
are compatible with surrounding single-family residential uses.
SECTION II.AMENDMENTS.
The City Council hereby makes the findings contained in this Ordinance and amends the sections attached as
Exhibit A with additions in double-underline and deletions in strikethrough.Sections and subsections that are
not amended by this Ordinance in Exhibit A shall remain in full force and effect.
SECTION III.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 IV.PUBLICATION AND EFFECTIVE DATE.
Pursuant to the provisions of Government Code Section 36933,a summary of this Ordinance shall be
prepared 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 this Ordinance,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 voting for and against this Ordinance or
otherwise voting. This Ordinance shall become effective thirty (30) days from and after its adoption.
*******
Introduced at a regular meeting of the City Council of the City of South San Francisco,held the _____
day of _____________, 2017.
Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the City Council
held the _____ day of _____________, 2017 by the following vote:
AYES:_______________________________________________________________________
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NOES:_______________________________________________________________________
ABSTENTIONS:_______________________________________________________________
ABSENT:_____________________________________________________________________
Attest:__________________________________
Krista Martinelli, City Clerk
As Mayor of the City of South San Francisco,I do hereby approve the foregoing Ordinance this _____day of
_____________, 2017.
Mayor
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A. Revise Table 20.080.002 (Land Use Regulations – Residential Districts) to change the
terminology from “Second Unit” and “Second Dwelling Units” to “Accessory Dwelling
Units”.
Use Classification RL-1.3 RL-5, 6, and 8 RM-10, 15, 17.5 RH-30 and 35 Additional Regulations
Residential Use Types
Single-Unit Dwelling See sub-classifications below
Single Unit Detached P P P P
Second Accessory
Dwelling Unit P P P P
See Section 20.350.033
Second Accessory
Dwelling Units
Single Unit Semi-
Attached - C P P
Single-Unit Attached - - P P
B. Revise Table 20.090.002 (Land Use Regulations – Residential Commercial, Office, and
Mixed Use Districts) to change the terminology from “Second Unit” and “Second
Dwelling Units” to “Accessory Dwelling Units”.
Use Classification CC BPO CMX ECRMX Additional Regulations
Residential Use Types
Single-Unit Dwelling See sub-classifications below
Single Unit Detached (1) (1) - (1)
Second Accessory Dwelling
Unit (1) (1) P (1)
See Section 20.350.033
Second Accessory Dwelling
Units
Single Unit Semi-Attached (1) (1) (1) (1)
Single-Unit Attached (1) (1) C P(2)
Limitations:
1. Permitted if existing. New units not allowed.
2. Residential use types not permitted on the ground floor along El Camino Real, except on the east side of El Camino
Real between First Street and West Orange Drive subject to approval of a Use Permit.
3. Residential use on ground floor limited to 50 percent of ground floor area.
4. Subject to state licensing requirements.
5. Subject to site evaluation based on prior use.
6. Maximum of 10 vehicles stored on-site with minor maintenance in enclosed structure only.
7. Must be located entirely within a building.
8. These uses shall be developed in accordance with the development standards and supplemental regulations for the M1
District except the maximum FAR is .4 with an increase up to .6 for development that provides specified off-site
improvements, subject to Conditional Use Permit approval. These uses are not subject to the development standards or
supplemental regulations of the BPO District.
9. Hours of operation 7:00 a.m. to 7:00 p.m. weekdays only except within 400 feet of a BART station.
C. Revise Table 20.100.002 (Land Use Regulations – Downtown Districts) to change the
terminology from “Second Unit” and “Second Dwelling Units” to “Accessory Dwelling
Units”.
Use Classification DMX DRL DRM DRH Additional Regulations
Residential Uses
Single-Unit Dwelling See sub-classifications below
Single Unit Detached (1) P P C
Second Accessory Dwelling Unit (1) P P P See Section 20.350.033 Second
Accessory Dwelling Units
Single Unit Semi-Attached (1) P P P
Single-Unit Attached MUP(2) P P P
Limitations:
Use Classification DMX DRL DRM DRH Additional Regulations
1. Permitted if existing. New units not allowed.
2. Limited to sites with a maximum gross site area of 4,000 square feet.
3. Prohibited on the ground floor except residential uses located south of Baden Avenue, banks, and walk-in offices
which are subject to approval of a Use Permit.
4. Permitted if retail, restaurants, personal services, or other active pedestrian-oriented use is located on the ground floor,
otherwise Minor Use Permit is required. Minor Use Permit may only be approved if the Review Authority first
finds that, based on information in the record, it is infeasible to locate retail, restaurants, personal services, or
other active pedestrian-oriented use on the ground floor.
5. Limited to facilities serving a maximum of 10 victims and may not be located within 300 feet of any other domestic
violence shelter.
6. Subject to state licensing requirements.
7. Clinic uses may not occupy the ground floor, except along Grand Avenue, west of Maple Avenue, which are subject to
the approval of a conditional use permit.
8. Living space may not occupy ground floor.
9. Limited to upper stories unless at least 50 percent of ground floor street frontage is occupied by food service use.
10. Limited to single-family detached units.
D. Revise Table 20.280.003 (Land Use Regulations – Downtown Station Area Specific Plan
Sub-Districts) to change the terminology from “Second Unit” and “Second Dwelling
Units” to “Accessory Dwelling Units”.
Uses Permitted DTC GAC DRC TO/RD LCC LNC Additional Regulations
Residential Use Classifications
Single-Unit Dwelling See sub-classifications below
Single Unit Detached (1) (1) (1) - (1) (1)
Second Accessory Dwelling
Unit (1) (1) (1) - (1) (1) See Section 20.350.035 Second
Accessory Dwelling Units
Single Unit Semi-Attached (1) (1) (1) - (1) (1)
Single-Unit Attached (1) (1) (1) - (1) (1)
Limitations:
1. Permitted if existing. New units not allowed.
2. Limited to facilities serving a maximum of 10 victims and may not be located within 300 feet of any other domestic
violence shelter.
3. Prohibited on the ground floor except residential uses located south of Baden Avenue, banks and walk-in offices which
are subject to approval of a Use Permit.
4. Subject to licensing requirements.
5. Limited to upper stories unless at least 50 percent of the ground floor street frontage is occupied by food service uses.
Uses Permitted DTC GAC DRC TO/RD LCC LNC Additional Regulations
6. Must be located at least 1,000 feet from any other social service facility.
7. Clinic uses may not occupy the ground floor along Grand Avenue, except on properties located west of Maple Avenue,
which are subject to the approval of a conditional use permit.
E. Eliminate Section 20.300.002(G) (Accessory Buildings with Second Dwelling Unit) as it
is inconsistent with State law and revised in Section 20.350.035(B):
Accessory Buildings with Second Dwelling Unit. Where an accessory building with a second
dwelling unit is detached, a part of, or is located over an accessory building or garage, the
entire structure shall be considered a main building and no portion of said building shall be
closer to any lot line than is permitted for any other main building.
F. Revise Section 20.320.004(C) so that the parking requirement for accessory dwelling
units located on properties with single-unit dwellings with non-conforming parking be
the same as garage conversions to accessory dwelling units:
Notwithstanding the requirements of subsection A above, an second accessory dwelling unit
in compliance with Section Chapter 20.350.033 (“Second Accessory Dwelling Units”) and
State law may be developed on a lot that contains a single-unit dwelling that is nonconforming
with respect to standards. If the single-unit dwelling is nonconforming because it does not meet
parking standards, an second accessory second dwelling unit may only be established when
parking for the primary dwelling unit is provided to meet the applicable requirements of
Chapter 20.330 (“On-Site Parking and Loading”) for the primary dwelling unit.
Notwithstanding the requirements of Chapter 20.330, parking for the primary dwelling unit
may be located in any configuration on the site, such as covered spaces, uncovered spaces, or
tandem spaces, or mechanical parking lifts.
G. Revise the parking requirement in Table 20.330.004 (Required On-Site Parking Spaces)
to comply with State law and revised Section 20.350.035(H). (See Attachment 5)
Land Use Classification Required Parking Spaces
Residential Use Classifications
Single-Unit, Detached or Attached
Less than 2,500 square feet and less
than 5 bedrooms
2 spaces per dwelling unit General Requirements for all Single-Unit
Residential Parking:
At least one space must be within a garage.
A carport shall not be substituted for a required
garage except for existing dwellings on lots
adjacent to a lane.
2,500 to 2,999 square feet or 5
bedrooms
3 spaces per dwelling unit
3,000 square feet or more than 5
bedrooms
4 spaces per dwelling unit
Second Accessory Dwelling Unit 1 space for each, except accessory dwelling units which meet the criteria set forth in
See Section 20.350.0335(H) are exempted from the parking requirement. Second
Dwelling Units
H. Revise the parking requirement in Table 20.330.007 (Required Parking Spaces,
Downtown Districts) to comply with State law and revised Section 20.350.035(H).
Land Use Classification Required Parking Spaces
Residential Use Classifications
Single-Unit, Detached or Attached
Less than 2,500 square feet and less
than 5 bedrooms
2 spaces per dwelling unit General Requirements for all Single-Unit
Residential Parking:
At least one space must be within a garage.
A carport shall not be substituted for a required
garage except for existing dwellings on lots
adjacent to a lane.
2,500 to 2,999 square feet or 5
bedrooms
3 spaces per dwelling unit
3,000 square feet or more than 5
bedrooms
4 spaces per dwelling unit
Second Accessory Dwelling Unit 1 space for each, except accessory dwelling units which meet the criteria set forth in
See Section 20.350.0335(H) are exempted from the parking requirement. Second
Dwelling Units
I. Revise the language of preamble of Section 20.350.035 to eliminate any language that
implies discretionary review of an application for an accessory dwelling unit and
repealing the Design Review requirement.
A permit will be issued as a ministerial matter without discretionary review or hearing for
an second accessory dwelling unit within 120 days of receiving the application if the
requirements of this Chapter (“Accessory Dwelling Units”), other requirements of the
Zoning Ordinance, and other applicable City codes are met., in addition to the first single-
unit dwelling on a lot when all of the conditions below are met. Such permits may be
processed and issued as an administrative matter by the Chief Planner after review and
consideration of the application without requirement of hearing.
G. Design Review. All residential second units that result in alterations to the exterior of
an existing residence or new construction are subject to the design review provisions of
Chapter 20.480 (“Design Review”).
J. Amend Section 20.350.035(B) as follows to include any additional standards listed in
Section 65852.2(a)(1)(B)(i) of the Government Code, the requirements for garage
conversions and accessory dwelling units constructed above a garage in Section
65852.2(a)(1)(D)(vii) of the Government Code to be consistent with state law, and
development standards for detached accessory dwelling units:
B. Development Standards. Second Except as provided below, accessory dwelling units
shall conform to the height, setbackslandscaping, lot coverage and other zoning
requirements of the zoning district in which the site is located, the development standards
in this Chapter, other requirements of the zoning ordinance, and other applicable City
codes.
(i) Where an existing detached or attached garage is converted to an accessory
dwelling unit, no setback shall be required, but the structure shall conform to height,
lot coverage and other zoning requirements of the zoning district in which the site
is located, the development standards in this Chapter, other requirements of the
zoning ordinance, and other applicable City codes.
(ii) Where an accessory dwelling unit is constructed above a garage, the setback for
that unit shall be five feet from the side and rear lot lines, but shall conform to
height, lot coverage and other zoning requirements of the zoning district in which
the site is located, the development standards in this Chapter, other requirements of
the zoning ordinance, and other applicable City codes.
(iii) The minimum side yard and rear yard setback for a detached accessory
dwelling unit is five feet, except as provided in (i) above. The minimum side yard
and rear yard setback for an attached accessory dwelling shall conform to the
setback requirements of the zoning district where the site is located.
(iv) A detached accessory dwelling unit shall be located at least six feet to the rear
of the primary dwelling unit. For detached accessory dwelling units located on
corner lots, accessory dwelling units shall have the same street side yard setback as
required for the primary dwelling unit in the underlying zoning district. The Chief
Planner may grant exceptions based on lot characteristics.
K. Revise the language of Section 20.350.035(D) to increase the percentage of living area
allowed for accessory dwelling units to 50 percent of the living area of the primary
dwelling unit and increase the maximum square footage for all accessory dwelling units
to 900 square feet:
D. Maximum Floor Area. The total area of floor space of an second attached or detached
accessory dwelling unit shall not exceed 900 square feet or 50 percent of the living area of the
primary unit or the minimum area of an efficiency unit as described in Section 17958.1 of the
California Health and Safety Code, whichever is greater, with a maximum allowable floor area
of 640 900 square feet.
L. Eliminate Section 20.350.035(E) because the square footage limitation ensures that the
unit is secondary to the primary dwelling and the building code ensures certain
minimum sizes for bedrooms:
E. Number of Bedrooms. The number of bedrooms in a residential second unit shall
notbe more than one.
M. Revise the langue of Section 20.350.035(H) to be consistent with the parking requirements
under State law as depicted below:
One independently usable on-site parking space shall be provided for the Second
Accessory Dwelling Unit, which shall be provided in addition to the required parking for
the primary single-unit dwelling.unless the accessory dwelling unit meets any of the
following criteria, in which case no parking spaces shall be required:
1. Within a half-mile of public transit
2. Within an architecturally and historically significant historic district, as determined
by the Chief Planner
3. Is part of an existing primary residence or an existing accessory structure
4. Is in an area where on-street parking permits are required, but not offered to the
occupant of the accessory dwelling unit
5. Within one block of a car share area
If a space is required, it shall be provided in addition to the required parking for the primary
single-unit dwelling and shall comply with all development standards set forth in Chapter
20.330 (“On-site Parking and Loading”). A tandem parking space may also be used to meet
the parking requirement for the Secondary Housing Accessory Dwelling Unit, providinged
such space will not encumber access to a required parking space for the primary single-
unit dwelling. Required parking for the primary single-family dwelling may not be
removed for the creation of a Secondary Housing Accessory Dwelling Unit (e.g., garage
conversions), or allocated to meet the parking requirement for the Second Accessory
Dwelling Unit, unless replacement parking is provided in accord with this Chapter. The
replacement parking spaces for the single-unit dwelling may be located in any
configuration on the site, such as covered spaces, uncovered spaces, or tandem spaces, or
mechanical parking lifts.
N. Revise Section 20.350.035 to include development standards for Junior Accessory
Dwelling Units.
K. Junior Accessory Dwelling Units. A junior accessory dwelling unit is a unit that is no
more than 500 square feet in size and contained entirely within an existing single-family
structure. The junior accessory dwelling unit must incorporate an existing bedroom and must
be within the existing footprint of a structure and may only include an efficiency kitchen. A
junior accessory dwelling unit may include separate sanitation facilities, or may share
sanitation facilities with the existing structure.
1. Development Standards. Junior accessory dwelling units shall comply with the
following standards:
a. Number of Units Allowed. Only one accessory dwelling unit or, junior
accessory dwelling unit, may be located on any residentially zoned lot that
permits a single-family dwelling.
b. Location. A junior accessory dwelling unit may only be located on a
lot which already contains one legal single-family dwelling. A junior
accessory dwelling unit must be created within the existing walls of an
existing primary dwelling, and must include conversion of an existing
bedroom.
c. Separate Entry Required. A separate exterior entry shall be provided
to serve a junior accessory dwelling unit. Where possible, exterior entries
for JADUs shall not be located adjacent to the primary front door of the
primary dwelling unit.
d. Interior Entry Remains. The interior connection to the main living
area must be maintained, but a second door may be added for sound
attenuation.
e. Kitchen Requirements. The junior accessory dwelling unit shall
include an efficiency kitchen, requiring and limited to the following
components:
1) A sink with a maximum waste line diameter of one-and-a-half
(1.5) inches,
2) A cooking facility with appliance which do not require electrical
service greater than one-hundred-and twenty (120) volts or natural
or propane gas, and
3) A food preparation counter and storage cabinets that are
reasonable to size of the unit.
f. Minimum and Maximum floor area. The minimum total area of floor
space of a junior accessory dwelling unit shall be at least the minimum area
of an efficiency unit as described in Section 17958.1 of the California
Health and Safety Code but shall not exceed a maximum of 500 square feet
of floor area.
2. Parking. No additional parking is required.
3. Owner Occupancy. The owner of a parcel proposed for a junior accessory
dwelling unit shall occupy as a principal residence either the primary dwelling
unit or the accessory dwelling unit.
4. Sale Prohibited. A junior accessory dwelling unit shall not be sold
independently of the primary dwelling on the parcel.
5. Deed Restriction. Prior to obtaining a building permit for a junior accessory
dwelling unit, a deed restriction, approved by the City Attorney, shall be recorded
with the County Recorder's office, which shall include the pertinent restrictions
and limitations of a junior accessory dwelling unit identified in this Section. Said
deed restriction shall run with the land, and shall be binding upon any future
owners, heirs, or assigns. A copy of the recorded deed restriction shall be filed
with the Department stating that:
a. The junior accessory dwelling unit shall not be sold separately from the
primary dwelling unit;
b. The junior accessory dwelling unit is restricted to the maximum size
allowed per the development standards;
c. The junior accessory dwelling unit shall be considered legal only so
long as either the primary residence, or the accessory dwelling unit, is
occupied by the owner of record of the property;
d. The restrictions shall be binding upon any successor in ownership of
the property and lack of compliance with this provision may result in legal
action against the property owner, including revocation of any right to
maintain a junior accessory dwelling unit on the property.
O. Revise language of Section 20.350.035(C) and 20.350.035(L) to make corrections or
clarify regulations.
C. Type of Unit. The second accessory dwelling unit shall provide separate,
independent living quarters for one household. The second accessory dwelling unit may
be attached, detached, or located within the living areas of the primary dwelling unit on
the lot, subject to the standards of this section. An existing single-family dwelling may be
converted into two dwelling units.
J. Conversion of an Existing House to an Accessory Dwelling Second Unit. In cases
where an existing single-family residence of a size 640 900 square feet or less, the Chief
Planner may approve the construction of one additional residence which is intended to be
the primary residence on the property. The existing residence, which is intended to
become the lawful second accessory dwelling unit, must comply with all the
requirements of this Ordinance, including the second-dwelling size limitations. The
primary residence shall be constructed in accordance with the provisions of the applicable
zoning district and other requirements of this Ordinance.
P. Revise title of Section 20.350.035 of the SSFMC to “Accessory Dwelling Units” and
language of Sections 20.350.035(A), 20.350.035(E), 20.350.035(G), 20.350.035(H), and
20.350.035 (I) to change the nomenclature from “second units” and “secondary unit to
accessory dwelling unit.
20.350.035 SecondAccessory Dwelling Units
A. Location. Second Accessory dwelling units may be established on any lot in any district
where a primary single unit dwelling has been previously established or is proposed to be
established in conjunction with construction of an accessory dwellingsecond unit. Only one
second accessory dwelling unit is permitted per primary single-family dwelling on the same
lot.
FE. Architectural Compatibility. The accessory dwellingsecond unit may utilize either a
separate entry or the same exterior doorways as the primary unit and shall be installed in a
manner as to negate an obvious indication of two units in the same structure. An accessory
dwellingsecond unit shall be designed and constructed so as to blend with and complement the
existing single-family unit in terms of height, roofing, siding materials and color.
IG. Code Compliance. The accessory dwellingsecond unit shall comply with all provisions
of the South San Francisco Municipal Code in effect at the time of approval of the building
permit.
1. If the proposed accessory dwellingsecond unit is attached or within the primary
structure, the primary unit must comply with all building, electrical, plumbing, and
housing code requirements in effect at the time the building permit is issued for the
accessory dwellingsecond residential unit.
2. Products of combustion detectors shall be required for each primary and
accessory dwellingsecond unit.
JH. Use Limitation. Either the primary or accessory dwellingsecondary unit may be for
rental purposes and neither unit may be sold separately.
KI. Deed Restrictions. Before obtaining a building permit, the property owner shall file with
the County Recorder a declaration or agreement of restrictions which has been approved by
the City Attorney as to its form and content, containing a reference to the deed under which
the property was acquired by the owner stating that:
1. The accessory second dwelling unit shall be considered legal only so long as
either the primary residence or the accessory second dwelling is occupied by the
owner of the property.
2. The accessory second dwelling unit cannot be sold separately.
3. The accessory dwelling unit is restricted to the maximum size allowed per the
development standards.
4. The restrictions shall be binding upon any successor in ownership of the property,
the City may enforce these provisions at the cost of the owner, and enforcement
may include legal action against the property owner including revocation of any
right to maintain an accessory dwelling unit on the property.
Q. Revise Section 20.440.008 (Chief Planner) as follows to eliminate language that implies
discretionary review of accessory dwelling units:
E. Conduct design review for additions to one-, two- and three-unit residential structures;
residential second units; and sign programs less than 25 square feet in total sign area.
R. Revise Sections 20.480.003 (Assignment of Design Review Responsibilities) and
20.480.006 as follows to eliminate language that implies discretionary review of accessory
dwelling units:
A. Chief Planner.
1. The Chief Planner may approve, conditionally approve, or deny sign
programs with less than 25 square feet of total sign area, and additions to one-,
two- and three-unit residential structures, and residential second units not
elsewhere exempted from the procedures of this chapter, without the Design
Review Board’s review and recommendations.
3. New additions to existing residential dwellings and residential second units
shall be architecturally compatible with the primary residential unit, with respect
to style, massing, roof pitch, color and materials.
R. Revise Section 20.620.002 (Residential Use Classifications) to change the terminology
from “Second Unit” to “Accessory Dwelling Unit” and add “Junior Accessory Dwelling
Unit” to the residential use classifications.
Second Accessory Dwelling Unit. A dwelling unit providing complete independent
living facilities for one or more persons that is located on a lot with another primary,
single-unit dwelling. An second accessory dwelling unit may be within the same
structure as the primary unit, in an attached structure, or in a separate structure on the
same lot.
Accessory Dwelling Unit, Junior. An accessory dwelling unit that is no more than 500
square feet in size and contained entirely within an existing single-family structure. The
junior accessory dwelling unit must incorporate an existing bedroom and must be within
the existing footprint of a structure and may only include an efficiency kitchen. A junior
accessory dwelling unit may include separate sanitation facilities, or may share sanitation
facilities with the existing structure.
Second Unit. A dwelling unit providing complete independent living facilities for one or
more persons that is located on a lot with another primary, single-unit dwelling. A second
unit may be within the same structure as the primary unit, in an attached structure, or in a
separate structure on the same lot.
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:17-904 Agenda Date:10/25/2017
Version:2 Item #:8.
Report regarding a resolution authorizing the acceptance of a $10,000 donation to the Parks and Recreation
Department from Bimbo Bakeries USA to install a new drinking fountain,landscaping,and interpretive signage
on Centennial Way at South Spruce Avenue,and amending the Parks and Recreation Department’s Fiscal Year
2017-18 Operating Budget pursuant to budget amendment #18.010.(Sharon Ranals,Director,Parks and
Recreation)
RECOMMENDATION
It is recommended that the City Council adopt a resolution accepting a donation in the amount of
$10,000 from Bimbo Bakeries USA to install a new drinking fountain,landscaping and interpretive
signage on Centennial Way at South Spruce Avenue,and amending the Parks and Recreation
Department’s Fiscal Year 2017-18 Operating budget.
BACKGROUND/DISCUSSION
In 2016,after the completion of the Francisco Terrace Park renovation project,Bimbo Bakeries USA
generously donated $5,000 to facilitate additional improvements at the park,most notably for resurfacing and
striping of the basketball courts.Again this year,Bimbo Bakeries USA approached staff with a proposal to
contribute $10,000 for park improvements near their facility.
Staff and Bimbo Bakeries USA representatives agreed to complete the following improvements on Centennial
Way:
·Installation of a new three tiered drinking fountain with an accessible drinking fountain,bottle filling
station and pet fountain.
·Replacement of the existing interpretive signage with topics including industry in the area,the cut stone
bridge and the historic rail corridor that ran along Centennial Way Trail.
·Drought tolerant landscaping on both sides of the trail entrance.
Bimbo Bakeries USA and staff also organized a community planting event for the landscape improvements on
Monday,October 23,2017.Bimbo Bakeries USA staff,City representatives,and community volunteers were
present to complete the improvements to the plaza area.
FISCAL IMPACT
Funds from this donation will be used to amend the Parks and Recreation Department’s Fiscal Year 2017-18
Operating Budget on a one-time basis (budget amendment #18.010).Receipt of these funds does not commit
the City to ongoing funding.
City of South San Francisco Printed on 10/19/2017Page 1 of 2
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File #:17-904 Agenda Date:10/25/2017
Version:2 Item #:8.
CONCLUSION
Receipt of these funds will offset the cost of installation of the improvements described above at the north
entrance of Centennial Way at South Spruce Avenue.It is recommended that the City Council accept $10,000 in
grant funding and amend the Parks and Recreation Department’s Fiscal Year 2017-18 Operating Budget.
City of South San Francisco Printed on 10/19/2017Page 2 of 2
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:17-905 Agenda Date:10/25/2017
Version:1 Item #:8a.
Resolution authorizing the acceptance of a $10,000 donation to the Parks and Recreation Department from
Bimbo Bakeries USA to install a new drinking fountain,landscaping,and interpretive signage on Centennial
Way at South Spruce Avenue,and amending the Parks and Recreation Department’s Fiscal Year 2017-18
Operating Budget pursuant to budget amendment #18.010.
WHEREAS,the City of South San Francisco (“City”)Parks and Recreation Department oversees the
maintenance of Centennial Way Trail; and
WHEREAS,Bimbo Bakeries USA has generously offered to donate $10,000 to facilitate the enhancements to
the Centennial Way trail entrance at South Spruce Avenue; and
WHEREAS,improvements of the trail include installation of a drinking fountain,redesigned interpretive
signage, and new landscaped areas; and
WHEREAS,staff recommends the acceptance of this donation in the amount of $10,000 from Bimbo Bakeries
USA; and
WHEREAS,the foregoing donation will be used to amend the Fiscal Year 2017-2018 Operating Budget of the
Parks and Recreation Department.
NOW,THEREFORE,BE IT RESOLVED that the City Council of the City of South San Francisco hereby
accepts a $10,000 donation from Bimbo Bakeries USA and amends the Parks and Recreation Department’s
2017-18 Operating Budget in order to reflect an increase of $10,000.
*****
City of South San Francisco Printed on 10/27/2017Page 1 of 1
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:17-459 Agenda Date:10/25/2017
Version:1 Item #:9.
Report regarding a resolution approving a five year agreement with CivicPlus,Inc.of Manhattan,Kansas in an
amount not to exceed $290,493 to host and provide related services for a recreation management system.
(Sharon Ranals, Parks and Recreation Director)
RECOMMENDATION
It is recommended that the City Council adopt a resolution approving a five year agreement with
CivicPlus,Inc.of Manhattan,Kansas in an amount not to exceed $290,493 to host and provide related
services for a recreation management system,and authorizing the City Manager to execute the Services
Agreement.
BACKGROUND/DISCUSSION
For nearly 20 years,the Parks and Recreation Department has used a recreation management system (RMS)
called CLASS by Active Network to track registration and process payments for recreation classes,childcare
programs,and facility usage and rentals.This system is an invaluable tool supporting the department’s daily
operations,and is used by both staff and the public.The department processes nearly $4 million per year in
revenue, most of which is processed through CLASS.
Active Network is phasing out CLASS and replacing it with a more modern product called ActiveNet,which is
one of the RMS considered in the request for proposals discussed later in this report.After November 30,2017,
Active Network will only support CLASS on a limited-term basis,with the option to extend services and
support through November 30, 2018.
Needs Assessment
Prior to issuing a request for proposals (RFP)seeking a new RMS vendor,staff spent many hours assessing
current practices and identifying areas that may be improved by a new RMS.Angela Duldulao,Management
Analyst II of the Parks and Recreation Department,has worked with the Parks and Recreation team to guide the
transition process thus far from conducting a Needs Assessment through the RFP,and will continue leading the
team through the system implementation.
The Needs Assessment included group discussion and visits with each Parks and Recreation Department
program area to learn about high priorities and desired functionality in the new RMS,problem areas with the
current RMS, and ideas for new practices upon implementation of a new RMS.
Staff also sought the customer perspective with a survey that was shared with Parks and Recreation program
participants from January 1, 2017 through March 26, 2017. The survey solicited information about:
·How participants like to receive communications about departmental activities and offerings;
·Rating of participants’ experience registering for classes;
·Ideas about how to improve the registration experience; and
·Interest in new features such as membership passes,text message alerts,online calendar to preview
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facilities available for rent, and online picnic reservations.
136 people responded via the online survey,and 31 paper surveys were received,totaling 167 responses.
Overall,the department received favorable reviews and interest in possible new features,but also received
comments about improving functionality that we expect to address in the new RMS.
Findings from the Needs Assessment informed the writing of the RFP,and more importantly,prepared Parks
and Recreation staff with a clear vision of the services being sought to benefit our program participants and the
department’s business functions.
Request for Proposals and Evaluation
On November 3,2016,staff issued a request for proposals (RFP)seeking a new RMS vendor,and proposals
were due on January 19,2017.The RFP was circulated to a list of 21 RMS vendors and posted on the City’s
website. A total of seven proposals were received:
1.Active Network (ActiveNet)
2.Bockyn, LLC (BlueRec)
3.Maximum Solutions, Inc. (MaxGalaxy)
4.PerfectMind Inc. (PerfectMind)
5.PureLynx, LLC (RecEnroll)
6.CivicPlus, Inc. (Rec1)
7.Vermont Systems, Inc. (RecTrac)
The evaluation process consisted of two phases.Phase 1 consisted of scoring the written proposals based on the
Executive Summary and Introductory Materials,Company Background,Proposed Software,Professional
Services,Technical Information,Maintenance and Support,and Price Proposal.Based on scored ranking of
Phase 1,staff had the option to choose at least two top-scoring proposers to proceed to Phase 2 of the
evaluation process,with the option to invite more than two proposers in order to determine the solution that
best meets the City’s needs. See Attachment 1 for the results of Phase 1 evaluation scores.
Phase 2 of the evaluation involved a scripted,one and a half day Proof of Capability (POC)demonstration of
the proposer’s RMS.The top three highest scoring proposers in Phase 1 --ActiveNet,PerfectMind,and
CivicPlus --were invited to participate in the POC.In Phase 2,the evaluation team reviewed each system’s
functional capabilities,technical requirements,and ongoing maintenance and operational support services.Staff
also conducted reference checks that included traveling to other cities to see the software in use and interview
city staff who use the software. See Attachment 1 for the results of Phase 2 evaluation scores.
The following staff from the Parks and Recreation Department evaluated proposals:
·Recreation Manager
·Management Analyst II
·Assistant Childcare Supervisor
·Administrative Assistant
·Senior Services Supervisor
·Rentals and Sports Supervisor
·Classes Supervisor
·Aquatics Supervisor
Due to the technical nature of the proposals and desired services,the following staff members from Finance and
Information Technology (IT)reviewed proposals and participated in the POC demonstrations to serve as
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Information Technology (IT)reviewed proposals and participated in the POC demonstrations to serve as
subject matter experts in their respective areas. They are:
·Senior Accountant (Finance)
·Manager (IT)
Finance and IT staff saw no issues with any of the top three proposers in terms of how the RMS could integrate
with the City’s Finance and IT systems and practices.
Vendor Selection
Pursuant to South San Francisco Municipal Code section 4.04.080(a)(3)(A),agreements for professional
services,personal services,and/or specialized,the skill,ability,and expertise of the entity performing the
services is a key component of the selection criteria.Accordingly,the RFP and the vendor selection process for
the new RMS was based on demonstrated competence,overall value to the city,and on the professional
qualifications of the proposers.Cost was only one factor in determining the preferred vendor.Based on the
results of the evaluation criteria described above,CivicPlus received the highest evaluation score in Phase 2.
See Attachment 2 for CivicPlus’ proposal.
Cost Considerations
While cost was not the sole factor in the evaluation process,in addition to being the highest rated proposers,
CivicPlus was the least costly RMS of the final three proposals being evaluated in terms of their
implementation costs as well as ongoing service fees.The table below compares the costs between the top three
proposers:
Vendor Annual Fees One-time Implementation Costs*
CivicPlus, Inc.$37,844 starting at $19,000
Active Network $56,756 starting at $65,300
PerfectMind $52,877 starting at $78,250
*Fee structures for annual fees and one-time implementation costs vary per vendor.One-time
implementation costs are listed at their starting price because they represent the vendor’s cost for a
proposed implementation plan.
Upon identification of CivicPlus as the highest-scoring proposer and after a discussion between the
City and CivicPlus about implementation services,the City is paying $10,500 more for additional
services to integrate the RMS with the City’s credit card processor,automate data export/import
between the RMS and the City’s financial system,and integrate with the City’s GIS system for the
purposes of local resident determination.Even after adding on the extra costs,CivicPlus remains the
least costly option. CivicPlus’ costs are detailed in the Fiscal Impact section below.
Other proposals not considered in Phase 2 evaluations ranged from ongoing service fees of $18,000 to $31,000
per year,and one-time implementation costs starting at $22,000 to over $50,000.Note that some of the vendors
in this price range were lacking in functionality or were not responsive to all of the proposal requirements.
Recreation Management System Implementation
In addition to replacing the current uses of CLASS,staff hopes to streamline operations by expanding use of the
RMS to more Parks and Recreation program areas,have improved capability with smartphones,and increase
online class registration with a registration portal that is easier to use.If City Council approve of the agreement,
staff will be working with CivicPlus over the next few months to transition to the new RMS,and anticipate
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staff will be working with CivicPlus over the next few months to transition to the new RMS,and anticipate
changes to our public-facing registration website by the Fall 2018 recreation class registration period.
Part of the implementation process will include migration of some information from CLASS to the CivicPlus
RMS,such as active account holder names and contact information,facility and park listings,and recreation
classes and activities.However,except for special circumstances,staff does not plan to import any balances due
or credits that have accrued in CLASS over the years.Staff is researching balances due and credits,and
correcting errors such as a balance due for a student who should have been unenrolled from a class.Staff
anticipates returning to City Council with a request to write off old balances that cannot be collected.Moving
forward,the new RMS is expected to improve payment tracking and processing for both customers and staff,
and staff has identified policies and practices that will reduce the chance to carry on aged balances due and
credits.
FISCAL IMPACT
The proposed contract with CivicPlus is for a total amount not to exceed $290,493,covering five years of
service from November 1,2017 through October 31,2022.Sufficient funding to cover the one-time costs of
implementing the new RMS and annual service fees are included in the City of South San Francisco Fiscal Year
2017-18 operating budget. Annual service fees have been established as ongoing costs in future budget years.
Year 1 fees will come out of Fiscal Year 2017-18 for services from November 1,2017 through October 31,
2018,and will be paid in two installments (half up front,half upon completed implementation).Years 2 and
beyond are due in full at the start of each subsequent 12-month service period to cover the months from
November through October.
The following is a breakdown of costs:
Year 1 TOTAL:$67,344
One-time implementation costs $29,500
(includes data import, system integration, training)
Annual Service Fee $37,844
(includes licensing, support, and maintenance)
Year 2 TOTAL:$37,844
Annual Service Fee
Years 3 and beyond:subject to fee adjustment*
Annual Service Fee
*Beginning in Year 3,CivicPlus may reassess the City’s Annual Service Fee based on 1 percent of
the prior year’s gross income processed through the RMS.Any change in the Annual Service Fee
shall not exceed 20 percent of the prior year’s Annual Service Fee.
At this point,staff is uncertain of the impact the new RMS will have on the department’s revenue.
The following table illustrates the possible maximum Annual Service Fee in Years 3 and beyond.
These fees have been built into the not-to-exceed value of the contract.
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Maximum Fee
(not to exceed 20 percent of prior year’s fee)
Year 3 $45,413
Year 4 $54,496
Year 5 $65,396
Fees for Optional Services:
The contract includes a provision for Optional Services,which staff will consider implementing as
needed,and as available budget allows.The potential cost for Optional Services are built into the not-to-
exceed value of the contract.
·Customized Enhancements, Additional Data Import/Export (not to exceed $10,000)
·Additional Training (not to exceed $10,000)
TOTAL Not-to-Exceed Value of Contract:$290,493
Maximum cost for Years 1 to 5 plus Optional Services
Given the large investment in system implementation and staff training,staff anticipates requesting a renewal of
this agreement near its expiration date.Prior to renewing this agreement,staff will evaluate other RMS options
to ensure that CivicPlus’ RMS remains the most efficient and cost-effective program for the City.
Customer Fees
At this time,the department expects to retain its current fee structure for processing fees charged to
participants.For recreation and aquatics classes,participants pay a $2 processing fee per activity.Participants in
the After School Recreation Program pay a $65 application processing fee.Facility Rental applicants pay an
$80 processing fee.
Based on the number of registrations and applications processed in Fiscal Year 2016-17,the department expects
to generate over $60,000 in processing fees related to these program areas.These fees count towards the
department’s revenue and help offset administrative processing costs.Staff may consider a new fee structure
depending on the change in the Annual Service Fee in future years.
CONCLUSION
Approval of the resolution will allow the City Manager to execute a consulting services agreement with
CivicPlus for hosting and related services for a recreation management system.This system is an invaluable
tool supporting the department’s daily operations.Depending on how many functions can be configured to
allow revenue collection through the system,the new RMS is expected to process nearly $4 million per year in
revenue.
Attachments:
1.Recreation Management System RFP Evaluation Results
2.CivicPlus Proposal
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Attachment 1
Recreation Management System RFP
Evaluation Results
Attachment 1 - Page 1
Phase 1 - Written Proposals
Weight of
Score
Max.
Weighted
Score
Active
Network PerfectMind CivicPlus
Maximum
Solutions
Vermont
Systems PureLynx Bockyn
Executive Summary and Introductory Material 5%2
Company Background 10%4 3.83 3.43 3.42 3.07 3.53 2.78 2.04
Proposed Software 20%8 7.60 7.23 6.76 6.69 6.36 5.42 5.61
Professional Services 20%8 7.08 7.13 6.80 5.33 5.02 5.62 3.57
Technical Information 5%2 1.68 1.72 1.63 1.29 1.33 1.47 0.77
Maintenance and Support 20%8 6.88 7.28 6.44 5.19 5.80 5.94 3.30
Price Proposal 20%8 6.07 5.84 5.99 5.34 4.51 5.29 3.91
Weighted Score 100%40.00 33.12 32.62 31.03 26.90 26.55 26.52 19.19
* Scoring for the Executive Summary and Introductory Material was not included in the final weighted average score because not all evaluators scored this section.
Scores for this section not counted in total*
Attachment 1
Recreation Management System RFP
Evaluation Results
Attachment 1 - Page 2
Phase 2 - Proof of Capability (POC) Demonstration
The POC Demonstration took place over one and a half days and consisted
of two parts:
Day 1 - Functional Demonstration: Review of functional capabilities
Day 2 (half day) - Technical Demonstration: Review of technical
requirements, and ongoing maintenance and support services Weight
of Score
Max.
Weighted
Score
Active
Network CivicPlus PerfectMind
FUNCTIONAL DEMONSTRATION
Introduction and Overview 19%13.30 11.97 11.59 9.88
Contact Management 19%6.65 5.70 6.27 4.94
Program Registration 19%39.90 33.06 34.77 29.83
Facility Reservations 19%33.25 27.93 28.50 23.56
Membership Management 14%14.70 6.30 13.16 10.22
Point of Sale 5%5.25 4.80 4.75 3.90
Additional Functionalities 5%8.75 6.55 7.20 5.40
SUBTOTAL SCORE (WEIGHTED) - Functional Demonstration 100%121.80 96.31 106.24 87.73
TECHNICAL DEMONSTRATION
System Requirements 20%18.00 15.40 15.00 12.80
Releases, Ongoing Maintenance and Operational Support 30%27.00 23.70 24.30 17.10
GL Accounting and Financial System Interface 20%12.00 10.20 9.80 7.60
Implementation Plan 30%54.00 46.80 46.50 31.80
SUBTOTAL SCORE (WEIGHTED) - Technical Demonstration 100%111.00 96.10 95.60 69.30
GRAND TOTAL SCORE Functional + Technical 232.80 192.41 201.84 157.03
CITY OF
SOUTH SAN FRANCISCO,
CALIFORNIA
Recreation Management System
January 19, 2017
Landon Schenck, President
12470 Crabapple Rd, Ste 202 #111
Alpharetta, GA 30004
phone: 800.335.1863 ext. 501
lschenck@rec1.com
A CivicPlus Company
Attachment 2
Attachment 2 - Page 1
January 19, 2017
Angela Duldulao, Management Analyst II
Department of Parks and Recreation
City of South San Francisco
33 Arroyo Drive
South San Francisco, CA 94080
RE: Recreation Management System
Dear Ms. Duldulao:
REC1 is pleased to present this response to the City of South San Francisco (the City) Department of
Parks and Recreation for the Recreation Management System Request for Proposal (RFP). We thank you
for the opportunity to participate in this evaluation and for the consideration of our solutions.
In our response, we have provided high-level information about our company and software so you may
evaluate REC1 products and services in light of your business and technical requirements. We welcome
an opportunity to further demonstrate our technology solutions to the City at your convenience (either on
site or via web meeting).
REC1 has been delivering software solutions for parks and recreation departments for the past ten years
and is fully qualified to support the business needs of the City and to deliver the services sought under
the RFP. Our estimated prices within this response will remain valid for 180 days. REC1 has no known
conflicts of interest that would limit our ability to provide the requested services.
I will act as your primary point of contact during your vendor evaluation process. Should you have any
questions regarding our response, please let me know. We look forward to working with you on the next
steps of the process.
Sincerely,
REC1
12470 Crabapple Rd, Ste 202 #111
Alpharetta, GA 30004
Landon Schenck
President
lschenck@rec1.com
800.335.1863 ext. 501
Attachment 2
Attachment 2 - Page 2
City of South San Francisco Page 21 RFP for Recreation Management Software
SECTION 5: ATTACHMENTS
5.1 Attachment 1: RFP Checklist
Proposal
Item #
RFP Section Item Submitted
1.0 3.1 Executive Summary and Introductory Material
3.1.1 Title Page
3.1.2 Proposal Transmittal Letter
5.1 Attachment 1 (RFP Checklist)
3.1.4 Table of Contents
3.1.5 Executive Summary
2.0 3.2 Company Background
3.2.1 Company Background
3.2.2 References
3.0 3.3 Proposed Software
3.3.1 Description of proposed software modules
5.2 Attachment 2 (Functional Requirements), including Excel
file
4.0 3.4 Professional Services
3.4.1 Implementation plan
3.4.2 Proposed vendor staffing
3.4.3 Expected City staffing
3.4.4 Data extraction and loading
3.4.5 Financial system interface
5.0 3.5 Technical Information
3.5.1 Technical Requirements
3.5.2 Hosting options
3.5.3 Security features
6.0 3.6 Maintenance and Support
7.0 3.7 Sample Documents
3.7.1 Sample software licensing agreement
3.7.2 Sample maintenance agreement
3.7.3 Sample implementation services agreement
3.7.4 Sample hosting agreement (if applicable)
8.0 3.8 Price Proposal
3.8.1 Annual Product Pricing
3.8.2 Internet and eCommerce Pricing
3.8.3 Implementation and Training Pricing
3.8.4 Hardware Costs and Additional Products
3.8.5 Invoicing
3.8.6 Remittance of Payments
3.8.7 Data Conversion
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
Attachment 2
Attachment 2 - Page 3
Table of Contents
1 EXECUTIVE SUMMARY
3 COMPANY BACKGROUND
6 PROPOSED SOFTWARE
40 PROFESSIONAL SERVICES
47 TECHNICAL INFORMATION
50 MAINTENANCE AND SUPPORT
53 SAMPLE DOCUMENTS
62 PRICE PROPOSAL
Attachment 2
Attachment 2 - Page 4
1
REC1 is a hosted, web-based application specifically designed to meet
the needs of recreation and park districts and municipal recreation
departments. REC1 is a Software as a Service (SaaS) solution that is ready
to go off-the-shelf. REC1 is proposing the following software capabilities to
the City, including, but not limited to the following:
Account Management/Customer Database
Activity/Program Registration (online and in person)
Space Management/Facility Scheduling (online and in person)
Script Cards/Passes/Memberships (online and in person)
League Management
Ticketing
Financial Integration to the City’s financial systems
Point of Sale
Payment Processing Integration (credit card processing)
Waiting List Management
Reporting
Executive Summary
Attachment 2
Attachment 2 - Page 5
2
Executive Summary
We realize this is a competitive situation and ask that you keep the following points in mind as you evaluate
technology vendors:
REC1 is a fully mature product; it is not a ‘framework’ or ‘toolkit’ or ‘vaporware’.
We do not believe any of our competitors can match the nimble, modern, and affordable solution that is
REC1. Review sites like Capterra.com are a good testament to this.
We have a track record of not only supporting our product, but also evolving it, so it consistently stays at
the forefront of design, usability, and capability. Please compare the REC1 solution it to other products
out there so you get a sense of not only what it does, but also how it feels.
Our solution is specifically developed for parks and recreation. REC1 is not a product that has been
adapted from some other industry.
We will work with you closely to ensure your implementation meets your business requirements.
In order to keep our products fresh, REC1 encourages our clients to submit product enhancement
requests through an online ticket tracking system. We regularly accept and incorporate client feedback,
which benefits our entire user base, at no cost.
All modules are available to all clients all the time at no additional cost.
All software updates (product enhancements) are available to all clients at no additional cost.
You will always have brand new software!
REC1 software is ready for immediate use off-the-shelf. We will provide multiple releases per year and will continue
to develop and improve the product as a top priority. We will get you live on time, with high quality, and won’t ‘nickel
and dime’ you along the way. We want both our customers, and our customers’ customers (the public), to experience
a product that feels clean, is powerful, is actively managed, and is well-supported.
Lastly, we would like to offer the City the opportunity to access a REC1 sandbox environment so you can play around
during your software evaluation process. The sandbox will mirror the production environment and will include all
REC1 capabilities. It’s important that the City understand exactly what they are getting prior to signing up. We can
also offer the assistance of a REC1 Solution Consultant during this period to ensure you are getting the most out of
the sandbox.
Attachment 2
Attachment 2 - Page 6
3
Cirilian, Inc. (dba REC1) is a corporation and has been in
business since 2001. Cirilian operates under the name
REC1 and has been providing managed recreation
software under this name since 2007. We are based in
Alpharetta, Georgia (a suburb of Atlanta). Our product is
designed specifically to meet the needs of municipal parks
and recreation departments. REC1 was developed from
the ground up with a metro Atlanta recreation department
that serves approximately 200K residents (relationship
began in 2003). We began marketing the product
nationally in 2007.
Company Background
Attachment 2
Attachment 2 - Page 7
4
EXPERIENCE
Years in Parks and Recreation Software 10
Number of Total Clients ~250
Number of Clients within Last Three Years~150
EXPERIENCE AND CAPABILITY
REC1 is a fully mature product with hundreds of implementations at departments of all sizes.
REC1 is not a product that has been adapted from some other industry. Parks and recreation has been our
sole focus for the past ten years, and we have implemented hundreds of best practice product suggestions
from the parks and recreation user community.
Our solution is web-based, hosted, and PCI compliant.
There is nothing for the City to install - no software or hardware.
Our implementations are fast (~12 weeks but can be accelerated, if desired).
Our pricing model is very simple, and we do not charge extra fees for support or maintenance.
We provide a monthly release. Our solution is a SaaS solution and there are no additional upgrade fees. All
software updates are available to all clients, every month. The City will always have brand new software!
Big Bear Valley Recreation and Park District, Big Bear
Lake
City Of Alhambra - Community Services Department
City of Anaheim
City of Arcadia
City of Beverly Hills
City of Cyprus
City of Kerman Recreation & Community Services
City of La Mirada Community Services
City of Laguna Beach
City of Lake Elsinore
City of Martinez, Martinez
City of Ontario Recreation & Community Services
City of Pittsburg
City of Porterville Parks & Leisure Services
City of Santa Clarita
City of Temecula
Crafton Hills College, Yucaipa
Del Norte County Recreation, Crescent City
Easton Archery Center of Excellence, Chula Vista
Easton Van Nuys Archery Center, Van Nuys
Elings Park, Santa Barbara
Joshua Tree Recreation and Park District
Kensington Community Council
LA Mavericks, Agoura Hills
Monterey Peninsula Regional Park District, Monterey
Mountain House Community Services District
Rim Of The World Recreation and Park District, Rimforest
Sacramento County Regional Parks
Tehachapi Valley Recreation and Park District
Town of Moraga
Tuolumne County Recreation Department, Sonora
Union City
Valley Wide Recreation & Park District, San Jacinto
Wasco Recreation and Parks District
CALIFORNIA CLIENTS
Attachment 2
Attachment 2 - Page 8
5
Client References
Contact: Josh Gire
Phone: 562-497-0304
Email: jgire@cityoflamirada.org
www.crpa.net
Summary of Project: La Mirada is high-volume customer that had an
accelerated timeline for getting started. REC1 has also made several client-
specific enhancements for La Mirada to better serve their regional aquatic
center and water park (Splash!).
Functionality Installed: All RMS modules including Registration, Facilities, Memberships, POS,Ticketing,
Permitting, Food Service.
Contact: Candice Cheung
Phone: 626-821-4374
Email: ccheung@arcadiacaCA.gov
www.arcadiaca.gov/government/city-departments/recreation-and-
community-services
Summary of Project: Arcadia transitioned to REC1 from CLASS after opting
out of ActiveNET. Seeing an opportunity to start fresh on their database,
they elected not to transfer much data to the new system. In addition, they
prefered to utilize multiple merchant options within their REC1 account. This
allows them to keep their senior center monies separate from recreation.
Functionality Installed: All RMS modules including Registration, Facilities, Memberships.
Contact: Robyn Hockenhull
Phone: 909-395-2368
Email: rhockenhull@ci.ontario.ca.us
www.ontarioca.gov/recreation
Summary of Project: Ontario is a California department who used
RecWare and also opted out of ActiveNET. They have had transition success moving off of their old platform and
onto online registration with REC1. Ontario runs several facilities, including activity and senior centers and takes
tens of thousands of transactions per year.
Functionality Installed: All RMS modules including Registration, Facilities, POS, Memberships.
ARCADIA RECREATION AND COMMUNITY SERVICES, CALIFORNIA
ONTARIO RECREATION AND COMMUNITY SERVICES, CALIFORNIA
LA MIRADA COMMUNITY SERVICES, CALIFORNIA
Attachment 2
Attachment 2 - Page 9
6
Proposed Software
REC 1 Recreation Management Software (RMS)
We believe we have the most modern and user-friendly
software in the market. This includes both the desktop version
as well as our responsive mobile version. No apps need to be
installed. REC1 will present to the user automatically in the
best layout to fit the screen being used.
Attachment 2
Attachment 2 - Page 10
7
REC1 understands the City is seeking a fully hosted RMS to provide your staff and customers with the
greatest service in the industry. The City wants to provide its citizens with excellent customer service both
in person and online with the use of a RMS that controls daily recreation program administration and
registration, facility and field reservations, and payment processing and reporting.
REC1 is a fully hosted, PCI compliant SaaS solution that is ready to go off-the-shelf. We will provide
the City with an integrated web-based, hosted application recreation management system that is
comprehensive, efficient, and modern. In addition, REC1 is fully scalable to allow for future growth and is
easily deployed to all functional areas of the City.
Please see the following brief module descriptions which support how we can meet your needs.
Features & Functionality
FACILITY RESERVATIONS (ONLINE AND IN-HOUSE)
All facility functions in REC1 are completely integrated. Generate and email
complex permits, schedule programs, take in-house and online reservations, and
schedule leagues and meetings…all without fear of double bookings! Grid views
and map based bookings also make campsite reservations a breeze.
ACTIVITY REGISTRATION (ONLINE AND IN-HOUSE)
Quickly create programs, indicate flexible pricing, attach waivers and prompts,
and assign instructors. Then, easily take registrations in-house or allow your
public to register on the device of their choice…including mobile. Our software
utilizes load balanced servers and can be scaled to accommodate any volume.
MEMBERSHIP MANAGEMENT
Customer Management in REC1 is particularly easy. Associate photos and
avatars with users for use on membership cards and system profiles. Staff can
see a history of all of the account’s transactions. Store credit/debit cards on file
for future and recurring payments. Perform other functions like sending invoices,
merging accounts, and more.
With REC1, the City can easily sell memberships and punch cards, take photos
of members, print cards or associate barcode key tags, and check people into a
facility. REC1 will even help you auto-bill your members to ensure everyone stays
paid and current.
Attachment 2
Attachment 2 - Page 11
8
Features & Functionality
POINT OF SALE
REC1’s Point-of-Sale screen makes it easy for staff to quickly sell merchandise,
enroll participants, and reserve facilities – all in the same cart! It even plugs right
in with your cash drawers, barcode readers, receipt printers, and credit card
readers. Integrated inventory control will tell you how many of each item are
available at each of your locations.
LEAGUE MANAGEMENT
Athletics staff can easily create leagues, draft players, assess skills, and generate
schedules. Public facing “Scores and Schedules” pages can be linked to directly
from your website so your public always has up to date information about their
leagues. We are continuing to evolve these tools including an exciting “Parent/
Player Portal” that will make it even easier for participants to follow their leagues.
MOBILE FOR YOUR PUBLIC AND YOUR STAFF
When users register through REC1, they get the same great experience on their
phone/tablet as they’re used to experiencing on their desktops. The mobile
experience supports all the same waivers, prompts, discounts, and add-ons
that the desktop version does. We always try to adhere to industry standards to
ensure access by all customer populations.
TICKETING
Easily generate tickets for events either through our desktop or our mobile
experience. Public users receive additional pages, along with their receipt, that
contain their tickets. Those tickets can then be printed and scanned into our
mobile check-in or desktop check-in screens. Public users may also prefer to
simply show the ticket code on their phone display instead of printing.
Attachment 2
Attachment 2 - Page 12
9
Features & Functionality
SURVEYS
Participants will automatically receive post-program surveys requesting feedback
on your programs, organization, instructors, and processes. This information is
captured and is presented back to staff to assist in determining how well Client
programming is being received.
REPORTING / FINANCIAL ACCOUNTING
REC1 has a very powerful reporting engine. There are dozens of standard reports
in REC1. However, staff can basically take any report and customize it to their
liking. Filters and fields can be added and/or removed. Reports can be sorted,
saved, emailed, exported, or scheduled for regular delivery to any email address.
REC1 will gladly take any reasonable reporting request from the Client and
ensure it is made available as requested.
MERCHANT OPTIONS / CREDIT CARD PROCESSING
REC1 has multiple credit card processing options. The Client may elect to have
REC1 serve as the merchant of record for credit card processing. A Client may
elect to use its own merchant account, in which case, REC1 can be integrated. If
the Client desires its own merchant account, but needs to shop for a new one,
REC1 can provide a reference to our well-regarded processing partner.
EMAIL/SMS BLASTS
There are several links within REC1 that allow for mail blasts. Many of our reports
and roster views allow for mass mailings with just the click of a button. The
People Finder report is a particularly handy report that allows for mailings based
on several different filters. SMS messaging has recently been introduced to
facilitate those particularly time-sensitive notifications like cancellations.
Attachment 2
Attachment 2 - Page 13
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Page 1 of 30
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At
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Vendor Comments
Pr
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:
RE
C
1
1.
1
d
Ab
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1
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R
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RE
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1
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3
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(
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p
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p
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s
e
Page 2 of 30
At
t
a
c
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m
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n
t
2
At
t
a
c
h
m
e
n
t
2
-
Pa
g
e
15
Ci
t
y
Cr
i
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r
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a
Ve
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d
o
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Re
s
p
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s
e
Vendor Comments
Pr
o
p
o
s
e
r
:
RE
C
1
1.
4
R
Y
No
t
h
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p
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1.
5
R
Y
Bo
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k
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w
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Page 3 of 30
At
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Page 4 of 30
At
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Page 5 of 30
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At
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a
c
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2
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Pa
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18
Ci
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Cr
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Vendor Comments
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Page 6 of 30
At
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At
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2
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Page 7 of 30
At
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Page 8 of 30
At
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Ci
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Vendor Comments
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RE
C
1
3.
7
a
Ab
i
l
i
t
y
t
o
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e
a
r
c
h
p
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y
m
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n
t
t
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a
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R
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e
r
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k
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,
b
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h
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d
d
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3.
8
R
Y
St
a
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m
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c
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g
p
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t
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.
3.
9
R
Y
Wi
t
h
p
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r
m
i
s
s
i
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n
s
,
s
t
a
f
f
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a
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d
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w
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s
a
s
th
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y
c
h
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o
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e
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3.
1
0
3.
1
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a
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3.
1
1
R
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Pr
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3.
1
2
R
Y
La
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a
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f
f
.
3.
1
3
3.
1
3
a
Pr
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n
t
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t
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d
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s
.
R
Y
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p
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f
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p
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f
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b
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c
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w
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f
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1
3
d
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:
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s
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s
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d
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:
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r
r
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g
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t
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l
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t
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.
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o
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s
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t
y
C
r
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a
:
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=
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q
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p
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d
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p
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=
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s
,
N
=
N
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R
=
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s
p
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Page 10 of 30
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23
Ci
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Vendor Comments
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s
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n
t
C
l
o
s
e
O
u
t
s
c
r
e
e
n
f
r
o
n
t
l
i
n
e
st
a
f
f
c
a
n
u
s
e
t
o
v
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r
i
f
y
c
a
s
h
r
e
c
e
i
p
t
t
o
t
a
l
s
a
n
d
p
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o
d
u
c
e
a
r
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p
o
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o
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n
c
l
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d
e
i
n
t
h
e
b
a
n
k
b
a
g
w
h
e
n
m
o
n
e
y
i
s
tu
r
n
e
d
i
n
.
3.
1
5
b
Re
c
e
i
p
t
t
r
a
n
s
a
c
t
i
o
n
l
i
s
t
i
n
g
.
R
Y
Th
e
C
l
o
s
e
O
u
t
p
r
o
c
e
s
s
i
n
c
l
u
d
e
s
a
S
u
m
m
a
r
y
R
e
p
o
r
t
,
wh
i
c
h
i
s
m
o
s
t
o
f
t
e
n
i
n
c
l
u
d
e
d
i
n
t
h
e
b
a
n
k
b
a
g
,
b
u
t
a
l
s
o
in
c
l
u
d
e
s
a
D
e
t
a
i
l
R
e
p
o
r
t
t
h
a
t
a
l
l
o
w
s
s
t
a
f
f
t
o
s
e
e
in
d
i
v
i
d
u
a
l
t
r
a
n
s
a
c
t
i
o
n
s
.
3.
1
5
c
Ac
c
o
u
n
t
a
c
t
i
v
i
t
y
l
i
s
t
i
n
g
/
c
h
a
r
t
o
f
a
c
c
o
u
n
t
s
d
i
s
t
r
i
b
u
t
i
o
n
.
R
Y
Th
e
C
l
o
s
e
O
u
t
r
e
p
o
r
t
i
n
c
l
u
d
e
s
b
o
t
h
a
c
a
s
h
r
e
c
e
i
p
t
po
r
t
i
o
n
a
s
w
e
l
l
a
s
a
G
L
s
e
c
t
i
o
n
.
3.
1
5
d
Da
i
l
y
c
l
o
s
e
b
a
t
c
h
e
s
.
R
Y
Ba
t
c
h
r
e
p
o
r
t
s
a
r
e
a
v
a
i
l
a
b
l
e
t
h
a
t
a
g
g
r
e
g
a
t
e
t
o
t
a
l
s
f
r
o
m
mu
l
t
i
p
l
e
c
l
o
s
e
s
t
o
s
e
e
a
m
o
u
n
t
s
t
h
a
t
w
i
l
l
b
e
e
x
p
o
r
t
e
d
t
o
th
e
f
i
n
a
n
c
i
a
l
a
c
c
o
u
n
t
i
n
g
p
l
a
t
f
o
r
m
.
4.
C
O
N
T
A
C
T
M
A
N
A
G
E
M
E
N
T
4.
1
R
Y
RE
C
1
s
u
p
p
o
r
t
s
h
o
u
s
e
h
o
l
d
s
a
s
w
e
l
l
a
s
o
r
g
a
n
i
z
a
t
i
o
n
a
l
ac
c
o
u
n
t
s
.
On
l
i
n
e
R
e
g
i
s
t
r
a
t
i
o
n
:
Sy
s
t
e
m
m
u
s
t
a
l
l
o
w
t
r
a
c
k
i
n
g
o
f
a
f
a
m
i
l
y
,
c
o
m
p
a
n
y
o
r
h
o
u
s
e
h
o
l
d
.
Ci
t
y
C
r
i
t
e
r
i
a
:
R
=
R
e
q
u
i
r
e
d
,
O
=
O
p
t
i
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n
a
l
Ve
n
d
o
r
R
e
s
p
o
n
s
e
:
Y
=
Y
e
s
,
N
=
N
o
,
S
R
=
S
e
e
R
e
s
p
o
n
s
e
Page 11 of 30
At
t
a
c
h
m
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n
t
2
At
t
a
c
h
m
e
n
t
2
-
Pa
g
e
24
Ci
t
y
Cr
i
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r
i
a
Ve
n
d
o
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Re
s
p
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e
Vendor Comments
Pr
o
p
o
s
e
r
:
RE
C
1
4.
1
a
Sy
s
t
e
m
m
u
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t
a
l
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d
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v
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m
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h
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d
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.
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N
Th
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d
.
4.
1
b
Sy
s
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m
m
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y
.
R
Y
Me
m
b
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s
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m
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1
c
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m
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,
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R
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In
d
i
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s
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4.
2
4.
2
a
Cu
s
t
o
m
e
r
c
o
n
t
a
c
t
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n
f
o
r
m
a
t
i
o
n
:
n
a
m
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,
a
d
d
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s
s
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t
w
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(
2
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2
b
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n
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)
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Us
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s
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1
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C
1
,
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t
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s
.
4.
2
e
Em
e
r
g
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n
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y
c
o
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t
a
c
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n
a
m
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n
d
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.
R
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m
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d
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a
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d
a
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po
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a
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q
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d
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P
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m
p
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s
.
Pr
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d
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in
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s
.
4.
2
f
No
t
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s
f
r
o
m
t
h
e
c
u
s
t
o
m
e
r
(
s
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c
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a
s
m
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m
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c
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a
l
c
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c
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m
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t
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n
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e
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)
.
R
Y
Th
e
s
e
a
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a
l
s
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m
m
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n
p
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m
p
t
s
t
h
a
t
a
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in
c
l
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d
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d
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t
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c
h
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c
k
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s
s
.
4.
2
g
No
t
e
s
f
r
o
m
e
m
p
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o
y
e
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s
(
c
u
s
t
o
m
e
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c
a
n
n
o
t
v
i
e
w
)
.
R
Y
St
a
f
f
c
a
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m
a
k
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v
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b
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.
4.
2
h
Al
l
c
u
s
t
o
m
e
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n
s
a
c
t
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o
n
h
i
s
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o
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y
.
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Y
Tr
a
n
s
a
c
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n
h
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t
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y
(
a
s
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a
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v
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d
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s
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)
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s
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f
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t
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)
.
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a
m
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n
i
m
u
m
,
t
h
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s
y
s
t
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m
m
u
s
t
b
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a
b
l
e
t
o
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c
o
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d
i
n
c
u
s
t
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m
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r
/
c
o
n
t
a
c
t
r
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c
o
r
d
s
t
h
e
f
o
l
l
o
w
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g
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Page 12 of 30
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2
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Pa
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25
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Page 13 of 30
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At
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Page 14 of 30
At
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2
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2
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27
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Page 15 of 30
At
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Page 16 of 30
At
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Page 18 of 30
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Page 19 of 30
At
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Page 20 of 30
At
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Page 21 of 30
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Pa
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34
Ci
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Cr
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Vendor Comments
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RE
C
1
6.
5
f
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Page 22 of 30
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t
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g
e
35
Ci
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Cr
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Vendor Comments
Pr
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RE
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6.
1
2
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Page 23 of 30
At
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36
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Page 24 of 30
At
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Page 25 of 30
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2
At
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2
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Pa
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38
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Page 26 of 30
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At
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2
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Pa
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Page 27 of 30
At
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2
At
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Page 28 of 30
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At
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2
-
Pa
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41
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Vendor Comments
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1
9.
1
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Page 29 of 30
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a
c
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Pa
g
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42
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At
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40
A dedicated project team will assist you throughout our
proven development process to ensure your new website
achieves your vision of success and delivers you complete
satisfaction - guaranteed.
Professional Services
Attachment 2
Attachment 2 - Page 44
41
Description of Project Management Services
A Project Manager will be assigned to the City to ensure milestones are met, staff are trained, issues/
considerations are addressed, and that the City has a painless startup process. REC1 implementations are
typicaly straightforward. However, if a client wishes to incorporate customizations prior to initial launch,
your Project Manager will be there to help you at any point. Please note that customizations may extend
the implementation timeline.
A Solution Consultant will be available to work with the City on implementation activities. The Solution
Consultant will drive the end-to-end implementation process and will conduct training both for lead staff
and frontline staff. The Solution Consultant will utilize phase checklists as well as a detailed Project Plan
to facilitate project activities and track milestones. The Project Plan will outline the type of activity, the
purpose of the activity, the resources required for the activity, and any associated documents specific to
the activity.
PROJECT PLAN
A Project Plan for the Kickoff Phase is provided as a sample. We are able to disclose a more detailed
project plan upon selection as a finalist.
PHASE 1: PROJECT INITIATION; KICKOFF
ACTIVITY PURPOSE RESOURCESDOCUMENTS
Task Communicate tasks necessary in
preparation for Kickoff
REC1 PMREC1: Kickoff
Checklist
Meeting/
Call
Introduce Project Teams
Define Roles
Review Statement of Work
REC1 PM
Client PM
Meeting/
Call
Review Draft Project Timeline
Establish On-site Training Dates
REC1 PM
Client PM
REC1: Project Plan
Implementation Plan
Attachment 2
Attachment 2 - Page 45
42
Implementation Plan
SCHEDULE
Provided is an illustrative development timeline for the City. Our average implementation timeframe is
12 weeks. If the City has implementation, training, or integration needs that require a longer timeframe,
we’re happy to adjust accordingly. No two customers have the exact same schedule. Factors like “all-in”
vs a “scaled rollout” approach...not to mention the City’s own scheduling needs….will factor into the final
implementation schedule.
SAMPLE PROJECT SCHEDULE: 12 WEEKS
123456789 101112
Project Initiation; Kickoff
Interface/Data Requirements
Gathering
Module Configuration/Basic
Account Setup
Integration Development
End User Training
System Testing/Issue Resolution
Go Live
REC1 can begin Project Initiation as soon as contract signing is complete. The start date is driven by
the City’s preference, and we can add specific dates to our 12-week project plan when the City confirms
a start date. A REC1 implementation is not complicated with our comprehensive base products and
minimal customization requests. We can accommodate more advanced customization requests, but such
requests may extend your implementation schedule.
Attachment 2
Attachment 2 - Page 46
43
Description of Proposed Services
DATA MIGRATION
At the City’s request, REC1 can convert content from the City’s current database, including accounts with
credits, accounts with balances, future bookings, and active memberships. We have a number of custom
developed scripts and libraries we leverage for data imports. The amount of effort is dependent upon the
type of data (e.g., user data imports are typically straightforward, yet historical transactions are often time
consuming to import). After a more detailed discussion with the City, we can recommend options for
extracting and saving data from the City’s current database.
INTEGRATION DEVELOPMENT
There are several integration capabilities the City may choose to leverage:
REC1 can provide integration to the City’s selected payment gateway (for credit card processing).
Additionally, we can also produce a GL extract compatible with the City’s financial system. We
have interfaced with a number of different systems and are confident that we can produce a file
compatible with yours.
Finally, the City may opt to have REC1 integrate with its GIS system for purposes of local resident
determination.
SYSTEM TESTING/ISSUE RESOLUTION
REC1 is a SaaS solution that is ready to go off-the-shelf. In some situations, our clients have asked for
either software enhancements or for custom code specific to their needs. If customizations are requested
(note: an additional fee may apply), then we will work with you to fully understand your requirements
prior to beginning work. If the City wishes to test the custom code changes, then we will provide a testing
environment in which you can review the new functionality and provide sign-off prior to moving the code
to production.
TRANSITION TO PRODUCTION
During the 12-week implementation period, the City and REC1 will work together to import and/or
configure production data, develop and test integration to third party systems, and complete system
training with your lead and frontline staff. The City will also have begun your marketing promotion for
the new site and online registration. Any technical aspects of implementation will be handled by our staff
as part of our service. During Week 12, REC1 will complete a final data import (if required) and the City
will ensure the site is fully configured and ready for launch. Once the City has indicated a Go for launch,
you will place a new link on your site which will redirect your customers to REC1. During this time, REC1
is available to be on site with you or can be available remotely for immediate assistance should the City
desire.
Implementation Plan
Attachment 2
Attachment 2 - Page 47
44
Proposed Training Plan
We recommend a train-the-user approach in most cases with hands-on training for participants. Users
learn the system much more quickly when they’re entering actual data during the training sessions. REC1
offers limited remote training as well as on-site training. Remote training is typically better suited to
smaller or seasonal groups, or as a refresher session to larger groups. Groups with diverse operations and
large numbers of employees, such as the City, would be better suited for on-site training.
Five days of on-site training conducted over two trips to the City is estimated for this project. The specific
training plan will be customized to meet your specific needs. We typically break training up by our
modules (Registration, POS, Rentals, Reporting, etc.). Sometimes a client may instead ask for training
according to job role, which can easily be done. Classes with more than 20 users tend to lose their
effectiveness. We will also make sure any of your last minute questions are answered before Go Live.
Note: We do not offer system administrator training as that is handled by REC1 as part of our service.
Data Extraction and Loading
Per the City’s request, REC1 can convert content from the City’s CLASS database, including data for
facilities, future permits, active memberships, balances due, and credits on account. We have a number
of custom developed scripts and libraries we leverage for data imports. Importing VIP user data would be
straightforward, but bringing across each user’s history (transactions, programs, and rentals) is uncommon
because of its complexity and associated cost. With a more detailed discussion with the City, we can
recommend options for extracting and saving data from CLASS and can then provide a more detailed
cost estimate.
FINANCIAL SYSTEM INTERFACE
We can produce an extract that adheres to Tyler’s Eden import specification, which should allow you to
import the file directly into Tyler. We can also configure the extract to be called via web service in the
event the City wants to script an automatic import process.
Implementation Plan
Attachment 2
Attachment 2 - Page 48
45
Vendor Staffing
From project management to design and development to training and support, a dedicated project team will assist
you throughout the development process to ensure your project’s success and your complete satisfaction. Based out of
Alpharetta, Georgia, REC1 staff will perform all project work, other than on-site training/meetings, remotely. We do not
utilize any non-US based resources. The following identifies the resource roles who will be involved from REC1 and the
City. Aside from Landon, REC1 project team resources have been with REC1 an average of four (4) years.
ROLE RESPONSIBILITIES
Project ExecutiveProvides executive oversight and ensures best practices for the
engagement. Provides ongoing strategic focus and depth of experience
implementing REC1 solutions.
Project ManagerStreamlines communication during implementation, tracks project status
and issues, and oversees quality.
Solution ConsultantActs as a product subject matter expert, working to ensure client
requirements are fulfilled. Conducts configuration meetings and provides
end user training (either on-site or via web meeting).
Development Configures code, fixes defects, implements software enhancements,
develops and maintains third party integrations, and ensures a quality user
experience.
Support AnalystCoordinates and communicates support requests post launch.
Account ManagerProvides customer care and outreach post launch.
Attachment 2
Attachment 2 - Page 49
46
REC1 will work with a single Point of Contact from the City. The City should consider the following roles
for a successful implementation team.
ROLE RESPONSIBILITIES ~HOURS*
Project ExecutiveProvides focus and guidance for the overall project. Helps to prioritize key
objectives, assists with issue escalation, and acts as project champion.
20
Project ManagerWorks closely with the REC1 Project Manager to facilitate the execution of
project activities and logistics. Organizes training for recreation staff, front
desk, supervisors, and managers.
Lead Staff Activity managers and facility managers within parks and recreation who will
be doing the primary configuration and setup within the REC1 system.
200
Frontline Staff Acts as end users of the system and will participate in end user training
sessions.
IT Coordinates with REC1 on the GIS data export and other data migration
requirements.
8
Finance Coordinates the payment gateway integration, financial accounting extract,
and works with REC1 to properly configure the General Ledger setup.
8
Marketing Identifies and communicates rollout and adoption process both internally
and to the public.
8
Expected City Staffing
*The hours per role provided are an estimate based on previous projects and experience. Once final
scope is defined, a more accurate representation of the time your staff will need to allocate to this project
will be provided.
Attachment 2
Attachment 2 - Page 50
47
Technical Information
Attachment 2
Attachment 2 - Page 51
48
Technical Requirements
There are no minimum requirements to run REC1. It’s cloud-based and simply requires a reasonably
modern PC with internet access. We recommend running it on a high speed internet connection.
Hosting/Security Features
The City has no obligations in regards to hosting the application. REC1 utilizes industry standards,
insurance requirements, and PCI requirements to ensure that REC1 is only accessed in the manner it’s
intended to be accessed and by people who are authorized to do so. Methods include:
Physical security at our Tier I data centers (Codero, TelX, and Rackspace)
Server firewalls
Anti-virus scanning
IP logging and filtering
Application security monitoring
All data centers provide a network operation center with 24/7/365 monitoring of the data center
environment, system availability, and performance. The data centers are SSAE 16 compliant.
For User Security, the REC1 will assist the City in configuring user levels and assigning users to those
groups. Thousands of permissions can then be configured on a group by group basis. Most permissions
apply on individual pages, but some also apply to specific functions within a page (buttons, fields, etc).
REC1 will guide the City through this process as part of Training and Implementation.
PCI COMPLIANCE
For credit card security, REC1 maintains PCI compliance through an Approved Scanning Vendor
(ControlScan). We are scanned monthly and provided a quarterly certificate of compliance. Our customers
are provided a copy of that certificate for use in their own PCI Compliance.
We also try – when possible – to take REC1 (and you) completely out of PCI scope by leveraging
“hosted” payment pages when available. Many payment gateways have payment forms that can be
embedded within REC1 (or that the browser can be redirected to) to ensure card data never touches the
REC1 servers. Instead, the card data is keyed directly into the payment gateway’s form, and REC1 simply
receives a notification the payment was successfully made.
Technical Information
Attachment 2
Attachment 2 - Page 52
49
Backup/Recovery/Data Redundancy
The City can export data as needed in the standard reporting tool. If the City has elevated data retention
requirements, REC1 can have a scoping session with the City to address those. Professional Services fees
may apply to custom configurations/capabilities.
REC1 has policies and procedures in place to ensure continuity and disaster recovery. We utilize local,
replicated servers to ensure that copies of data, software, and files are always available and up to date.
These servers can be rolled over in the event of hardware failure or other local issues. We also have
a multi-times per day process that encrypts backups and sends them offsite for purposes of disaster
recovery. This process ensures that we can reconstitute our entire product and underlying data structure
with limited downtime and loss of data - even in the event of catastrophe.
Hardware
Customers may opt for a variety of hardware peripherals to enhance the REC1 experience. REC1 can be
integrated with magnetic stripe readers, barcode readers, thermal printers, cash drawers and more. While
REC1 does not provide this hardware, we are happy to assist with procurement and implementation.
Technical Information
Attachment 2
Attachment 2 - Page 53
50
You are now a part of the REC1 family and will continue to
receive both technical and consultative support from our
Support and Account Management team.
Maintenance and Support
Attachment 2
Attachment 2 - Page 54
51
Support
REC1 is an internet-based, fully hosted software solution. REC1 handles all server-side maintenance,
backups, replication, PCI compliance, fixes, patches, and software upgrades. All maintenance, hosting,
and product upgrades are included at no additional cost within the net transaction fee per month.
REC1 will provide a toll free number at no cost, and we also offer an online support system for users
to submit software issues or requested enhancements. For emergencies, users may either call REC1 or
enter an emergency ticket into the system. Emergency tickets include any REC1 issue that is causing
a disruption to your ability to use our system (i.e., the website is down). These issues are addressed
immediately. Additionally, REC1 is available to be on site with you when needed (travel expenses may be
incurred).
REC1 processes standard support requests via email or phone from 8am-8pm Eastern, Monday-Friday
(excluding holidays). Emergency support is offered 24/7.
REC1 also maintains a product Knowledgebase where users can review articles and can get tips on best
practices. The Knowledgebase is also where we store Release Notes and PCI certificates.
REC1 has formalized support procedures that involve the following Tiers:
Tier 1: Simple usability issues and ‘How do I?’ questions
Tier 2: Complex functional questions
Tier 3: Technical issues
Maintenance and Support
“I’d have to say my favorite part of REC1 is the service. Sometimes I
encounter something I just can’t figure out and REC1 is always there
with a solution. They respond quickly and thoroughly.”
Client review from Capterra http://www.capterra.com/parks-and-recreation-software/
Attachment 2
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52
During regular support hours, we try to have at least six resources available across all tiers. Staff range
in experience from 1 to 5 years of supporting the REC1 product. There is an escalation procedure that is
followed by all staff from the initial reception of the issue to its successful resolution. Communication is
maintained with the Client throughout the process.
Release / Upgrade Schedule
REC1 currently utilizes a monthly release schedule. The City can expect to receive an average of one new
feature per month. We also try to release a new major module quarterly. If bugs are identified, those are
“hotfixed” into production and do not await our standard release dates.
REC1 is a SaaS solution and all customers are on the same code base. Product enhancements are
provided on an ongoing basis to our clients at no additional charge. Many, if not most, of these
enhancements originated from a customer enhancement request that was applied to base product and
made available to all REC1 customers.
System changes are communicated via our website (users will see a notice upon login). For major changes
that may require additional staff training (e.g., a brand new module is being released), we will notify the
City in advance and schedule the rollout with you as appropriate.
We base our roadmap on requests from our customers as well as on our own internal product goals. We
maintain a roadmap request system that allows for customers to request changes and to up/down vote
ideas that are under consideration.
Maintenance and Support
Attachment 2
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53
Sample Documents
The attached Online Registration and Servicing Agreement
covers the software, maintenance and implementation
provisions requested in the RFP.
Attachment 2
Attachment 2 - Page 57
ONLINE REGISTRATION AND SERVICING AGREEMENT FOR
_______________
AND
CIRILIAN, INC. dba REC1
This ONLINE REGISTRATION AND SERVICING AGREEMENT (the “Agreement”) is made
and entered into as of this ____ day of ________________, 2017 by and between Cirilian, Inc., a
Georgia corporation d/b/a “Rec1” (“Rec1”), whose address is 12460 Crabapple Road, Suite 202,
#111, Alpharetta, GA 30004, and _________________________ (“Customer”), whose address
is ________________________________________________________________.
W I T N E S S E T H:
WHEREAS, Rec1 is a corporation formed pursuant to the laws of the State of Georgia and is
presently in existence and in good standing; and
WHEREAS, Customer is seeking a software registration system for its Parks, Recreation, and
Cultural Services Department;
WHEREAS, Customer desires to engage Rec1 for a specific term to provide a software registration
system, as well as maintenance therefor, and Rec1 desires to be engaged by Customer in
accordance with and subject to the terms and conditions hereafter set forth; and
WHEREAS, the parties hereto believe it to be in their best interests to create a definite and certain
Online Registration and Servicing Agreement under the terms and conditions set forth herein.
NOW, THEREFORE, for and in consideration of the mutual promises herein, and for other good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the
parties hereto agree as follows:
1.Recitals. The statements above are true and correct and herein incorporated into this
Agreement by this reference.
2.Engagement. Customer hereby engages Rec1 to perform the services as more particularly
described in the attached Exhibit “A” –Services Provided (the “Services Provided”).
3.Duties of Rec1.Rec1 shall serve as the exclusive provider to Customer of the Services
Provided.
4.Term. Customer and Rec1 hereby agree that this Agreement is terminable at will upon
written notice by either party by regular first class mail to the address listed in Paragraph
12 below. The Agreement shall be terminated 30 days after receipt of such notice. The
parties agree to continue performance thereunder until the effective date of termination
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unless the parties mutually agree to an earlier effective date of termination. Upon
termination of this Agreement and expiration of any applicable notice period, the parties
hereto shall have no further liability or obligation except as explicitly provided hereunder
as surviving termination of the Agreement.
5.Payment Agreement.
a.Fee for Basic Portal Services. Customer agrees to pay Rec1 a monthly fee ("Basic
Portal Services Fee") based upon usage, billed in arrears monthly in an amount
equal to 1% per registration transaction fee collected by the Customer (“Customer
Transactional Fee”). Rec1 shall invoice Customer the first week of each month for
Basic Portal Services Fees incurred during the prior month’s processing. Such
Basic Portal Services Fees charged by Rec1 do not include any transactional or
monthly fees assessed by Customer’s credit card processor. The minimum monthly
Basic Portal Services Fee shall be $100 per unique REC1 organizational account.
The Basic Portal Services Fee shall be independent of any Merchant Processing
Fees described in subsection b below.
b.Rec1 Merchant Account. If Rec1 provides the merchant account for the collection
of registration and other credit card monies on behalf of Customer, it shall charge
a per transaction processing fees (“Merchant Processing Fee”) as provided herein.
Merchant Processing Fees will be calculated using a “Processing Rate” which is a
percentage of each positive Charge that is captured through the system. No
Processing Rate fees are credited back in the event of a refund or credit. In addition
to the Processing Rate, an additional Transaction Fee will be assessed which is a
fixed amount per transaction. This Transaction Fee will also only apply to positive
Charges and will not apply to Refunds or Voids. Unless otherwise specified, all
fees due and payable to Rec1 will be deducted from the funds collected in the
merchant account prior to disbursement. Unless otherwise arranged, disbursements
will occur either monthly (on or about the 1st of the next month) or semi-monthly
(on or about the 1st as well as the 16th of each month).
i. Standard Merchant Processing Rates are as follows:
Processing Rate -3% per “charge” transaction
Transaction Fee -$.30 per transaction
ii. There are no monthly minimum fees for merchant processing. Customer
simply pays for what it uses.
iii. Rec1 reserves the right, at any time, to adjust the merchant processing
rate or transaction fee to more accurately reflect the amount and type of
credit card transactions being processed. Rec1 will give 30 days' notice
upon such change.
iv.In addition to the Merchant Fees, Customer will also be responsible for
extraordinary processing fees assessed by Rec1’s merchant account beyond
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normal transaction fees. The most typical extraordinary fee would involve
a payer reversing a charge on a credit card statement. In such case, Rec 1
shall invoice Customer the first week of each month for any such fees in
excess of the funds collected in the Customer merchant account incurred
during the prior month’s processing. In any event, Customer shall only be
responsible for payment to Rec1 of actual, additional fees charged to Rec1
by the merchant as discussed under this subsection 5.b.iv.
c.Payment. All amounts due and payable (and not collected through a merchant
account, if applicable) must be remitted within 30 days of distribution of the
applicable invoice. All invoices are distributed electronically and can be viewed
online on the Rec1 website.
i.Any payment not received from Customer by Rec1 within 60 days of
distribution of the applicable statement shall be subject to an administrative
fee in an amount equal to 1.5% per month of any outstanding and unpaid
amount.
d.Optional Training. Rec1 will provide optional on-site training at a rate of $1,000
per day plus travel costs and expenses. Such on-site training includes 8 hours of
training for as many Customer users as is reasonably necessary.
e.Custom Development. Rec1 will provide customized development at a rate of $100
per hour. All work will be estimated and agreed upon with Customer prior to work
start.
f.Fully-Earned. All amounts owed to Rec1 hereunder are fully-earned upon provision
of the Services Provided or other charged amounts hereunder, are not subject to
withholding or off-set in any manner whatsoever, and are non-refundable upon
payment subject only to a clear demonstration of an accounting error. Customer
expressly acknowledges and agrees that Customer is familiar with the proposed
Services Provided and Rec1’s billing process. Unless otherwise expressly herein
provided, if Customer is not satisfied with the Services Provided or the performance
of Rec1 hereunder for any reason or no reason whatsoever, Customer’s sole and
exclusive remedy shall be to terminate this Agreement as herein provided, and
Customer expressly waives any claim to a refund or other compensation.
6.Indemnification. Rec1 agrees to indemnify, defend and hold harmless Customer and its
respective officers, directors, members, employees, agents, representatives and affiliates
from and against all claims, suits, obligations, liabilities, actual damages and expenses,
including, without limitation, reasonable attorneys’ fees, based upon, arising out of or
resulting from any liability, injury, or loss that Customer suffers in connection with the
negligence or willful misconduct ofRec1 in performance of Rec1's obligations under this
Agreement. Customer agrees to indemnify, defend and hold harmless Rec1 and its
respective officers, directors, members, employees, agents, representatives and affiliates
from and against all claims, suits, obligations, liabilities, actual damages and expenses,
including, without limitation, reasonable attorneys’ fees, based upon, arising out of or
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resulting from any liability, injury, or loss that Rec1 suffers in connection with the
negligence or willful misconduct of Customer in connection with this Agreement. Further,
Customer represents and warrants that any changes, customizations, added functions or
options and any other related items to the Software (defined below) requested by Customer,
if any, are not the proprietary work of a third party or owned by a third party, and Customer
agrees to indemnify, defend and hold harmless Rec1 and its respective officers, directors,
members, employees, agents, representatives and affiliates from and against all claims,
suits, obligations, liabilities, actual damages and expenses, including, without limitation,
reasonable attorneys’ fees, based upon, arising out of or resulting from any liability that
Rec1 suffers in connection with implementing such changes, customizations, functions,
options or other items at the Customer’s request. If any party hereto receives notice of an
event or possible event that would give rise to indemnification as required hereunder, such
party shall provide immediate notice to the other party of such event. Further, if either
party that is to be indemnified and held harmless hereunder receives payment or other
compensation from a third party, any such amount received shall be applied to any amounts
owed by the indemnifying party to theindemnified party or to a third party. Finally, the
indemnifying party shall have the right to choose counsel to defend the indemnified party,
to be accepted or rejected in the indemnified party’s reasonable judgment. If the parties
cannot come to agreement as to a choice of legal representation, the indemnifying party
shall have the sole, final determination. Neither party shall be responsible for payment of
any amount or any damages in excess of such amount actually incurred or suffered by the
indemnified party.
7.Relationship of Parties. The Customer and Rec1 agree that Rec1 is an independent
contractor with respect to the services provided pursuant to this Agreement. Nothing in this
Agreement shall be considered to create the relationship of employerand employee
between the parties hereto. The Customer shall not be obligated to pay to Rec1, and Rec1
shall not be entitled to, any benefits accorded to Customer employees by virtue of the
services provided under this Agreement. The Customer shall not beresponsible for
withholding or otherwise deducting federal income tax or social security or any other tax,
for contributing to the state industrial insurance program or otherwise assuming the duties
of an employer with respect to Rec1.
8.Waiver of Breach.The waiver by either party of a breach of any of the provisions of this
Agreement shall not be construed as a waiver by such waiving party of any subsequent
breach by the offending party.
9.Binding Effect; Assignment. The rights and obligations as provided under this Agreement
shall inure to the benefit of and shall be binding upon the successors and assigns of each
party hereto.
10.Entire Agreement. This Agreement contains the entire agreement and supersedes all prior
agreements and understandings, oral or written, with respect to the subject matter hereof.
This Agreement may be changed only by an agreement in writing signed by the party
against whom any waiver, change, amendment, modification or discharge is sought.
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11.Governing Law and Venue.THIS AGREEMENT SHALL BE CONSTRUED AND
ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF
GEORGIA WITHOUT REGARD TO THE CONFLICTS OF LAW PROVISIONS.
THE VENUE FOR ANY LITIGATION UNDER THIS AGREEMENT SHALL BE
IN FULTON COUNTY, GEORGIA.
12.Notice. Any notice required or permitted to be given under this Agreement shall be
sufficient if in writing and if sent by certified or registered mail, first class, return receipt
requested to the parties at the following addresses:
To Customer:
_________________________
_________________________
Attn: _________________________
e-mail: _________________________
To Rec1:
12460 Crabapple Rd
Suite 202, #111
Alpharetta, GA 30004
Attn: Landon Schenck
e-mail:
13.Strict Construction. The language used in this Agreement shall be deemed to be in the
language chosen by the parties to express their mutual intent, and no rule of strict
construction shall be applied for or against any party by reason of such party being deemed
the draftsman hereof.
14.Headings. The headings contained in this Agreement are for reference purposes only and
shall not affect the meaning or interpretation of this Agreement.
15.Severability. If any provisions of this Agreement shall be held to be invalid or
unenforceable for any reason, the remaining provisions shall continue to be valid and
enforceable. If a court finds that any provision of this Agreement is invalid or
unenforceable, but that by limiting such provision it would become valid or enforceable,
then such provision shall be deemed to be written, construed, and enforced as so limited.
16.Waiver of Contractual Right. The failure of either party to enforce any provision of this
Agreement shall not be construed as a waiver or limitation of that party’s right to
subsequently enforce and compel strict compliance with every provision of this
Agreement.
17.Litigation and Attorney's' Fees. If it shall be necessary for either party to this Agreement
to bring suit to enforce any provisions hereof or for damages on account of any breach of
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this Agreement, the substantially prevailing party on any issue in any such litigation and
any appeals therefrom shall be entitled to recover from the other party, in addition to any
damages or other relief granted as a result of such litigation, all costs and expenses of such
litigation and a reasonable attorney's' fee as fixed by the court.
18.Insurance. During the term of this Agreement, Rec1 shall procure and maintain, at Rec1’s
sole cost and expense, the following insurance coverages:
Technology Liability -$1,000,000 Per Claim/$1,000,000 Aggregate
General Liability/Auto -$1,000,000 Per Claim/$2,000,000Aggregate
19.Ownership of Software, Website, and Portal and Remedies Related Thereto. Customer
agrees that it has no right, title, interest or ownership in, or to, the software, website, or
portal utilized by Rec1 to provide the Services Provided, or any of its components,
programming code or data structures, images or functions or any copies or modifications
of the software, User Manuals, or any components, code or data structures thereof or in the
software (collectively, the “Software”) except to the extent that Rec1 grants the right to use
the Software. The Software shall remain at all times Rec1’s sole and exclusive property.
The definition of “Software” shall also include any changes, customizations, added
functions, or options and any other related items requested by the Customer and
implemented by Rec1, it being hereby expressly acknowledged and agreed that such
changes, customizations, functions, options, and items are and shall be the sole and
exclusive property of Rec1 and the Customer shall have no right or claim to such changes,
customizations, functions, options, or items or any compensation whatsoever related
thereto. Customer shall not reproduce or copy any Software or portion thereof without
Rec1’s prior written consent. The obligations setforth in this Paragraph shall survive the
termination, cancellation, or expiration of this Agreement for any reason whatsoever.
Customer agrees that, in the event of a breach or threatened breach by Customer of the
provisions of this Agreement, Rec1 shall be entitled to both a temporary and permanent
restraining order and a preliminary injunction, or other similar remedy, restraining
Customer or any affiliate, officer, agent or assignee from violating the terms of this
Agreement. Customer specifically acknowledges that money damages alone would be an
inadequate remedy for the injuries and damage that would be suffered and incurred by
Rec1 as a result of a breach of any of the provisions of this Paragraph. Such remedy with
respect to the provisions of this Paragraph is non-exclusive and shall be in addition to any
other remedy available to Rec1 at law or in equity.
20.Warranty. If the Customer determines that some functions/capabilities within REC1 are
not performing up to required specifications, Rec1 will take commercially reasonable
measures to remedy such situation during the term of this Agreement at no additional
charge to the Customer. Rec1 does not guarantee that Rec1 will implement any and all
new enhancement and module requests but will take commercially reasonable efforts to
provide features that perform as designed.
[Remainder of page intentionally blank. Signature page follows.]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year
first above written.
CUSTOMER
Customer Signatory
Name:Signature:
Title:Date:
CIRILIAN, INC. (d/b/a Rec1)
Name:Landon Schenck Signature:
Title: President Date:
Attachment 2
Attachment 2 - Page 64
Exhibit “A”
Services Provided
Services provided by Rec1 to the Customer under this agreement include the following:
●Access –Rec1 hereby grants a nonexclusive license during the term of the Agreement for
the Customer and patrons of the Customer recreational programming to access, use and
display Rec1’s online registration service (the “Portal”). Excluding occasional
maintenance, the Software shall be available 24 hours per day, seven days per week with a
guaranteed uptime of 99%. The Portal is accessible via the public Internet from any PC
with an Internet connection. There is no limit to the number of organization users and
participants that can enroll using the Portal.
●Online Registration –The Rec1 registration engine through which the Portal is accessed
can be integrated with Customer’s website. Rec1 will format a registration page to match
the colors and theme of the rest of Customer’s website. Customer would then display a link
on its own page that would seamlessly redirect the user to a secure page on the Rec1 server.
●Documentation-All Rec1 startup and user’s guides are maintained electronically in the
system and can be accessed through the “Help Center” from within Rec1. Rec1 does not
provide paper copies of its guides and help files.
●Data Backups –Rec1 currently performs backups daily of all of its data (6:00 AM). In case
of emergency, Rec1 may restore data to the point of the previous backup.
●Enhancements –New features will be added to Rec1 throughout the term of this
Agreement. Customer will have full access to all of these new features without additional
charge. Customer is also encouraged to submit change requests as they see opportunities
for improvement. Rec1 will attempt to implement any and all changes that improve the
value of Rec1 to all of our customers at no charge. Thereafter,Customer will be charged a
development fee at a $100 hourly rate for custom requests. All work will be estimated and
agreed upon in writing by the parties hereto prior to work start.
●Customer Support –Rec1 shall provide an online utility for problem reports and change
requests. Customer may also reach Rec1 by phone at 1-800-335-1863 between the hours
of 9:00 AM and 6:00 PM Eastern Standard Time, Monday through Friday and excluding
national holidays. E-mail support is also available at support@rec1.com. After-hours
support is often available but is not guaranteed. Emergencies will be handled as soon as
possible. Enhancement requests will be queued based on priority and implemented on a
schedule. Rec1 shall have sole and absolute discretion as to whether support requests
exceed reasonable use or exceed the scope of services outlined in this Agreement. If the
parties hereto cannot agree on levels or limits of acceptable support use, then each party
hereto has the option to terminate this Agreement as outlined in Paragraph 4.
●Data –In the event Customer no longer wishes to use Rec1, Rec1 will export Customer
data based on a requested format (in most cases). If the data exporting request is initiated
by Customer, development will be charged at a $100 hourly rate. All work will be estimated
and agreed upon in writing by the parties hereto prior to work start.
Attachment 2
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62
REC1 utilizes a simple pricing model of
1% per net transaction
Price Proposal
Attachment 2
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63
Price Proposal
All quotes are estimates and presented in US dollars. REC1 can provide a firm estimate based on
additional conversation with the City to further define what is in or out of scope for the project.
Pricing is valid for 180 days from January 19, 2017.
COST ELEMENT YEAR 1 YEAR 2 - ONGOINGYEAR 3 - ONGOING
Annual Product Pricing - 1% Per
Transaction
(includes annual software
maintenance, upgrades, hosting
and support)
$37,844/yr
Based on 1% of
estimated revenue
numbers
$37,844/yr
Based on 1% of
estimated revenue
numbers
$37,844/yrr
Based on 1% of
estimated revenue
numbers
Internet and eCommerce
Pricing (only if REC1 is used as
merchant provider)
3% + $0.30 Per
Transaction (optional)
3% + $0.30 Per
Transaction (optional)
3% + $0.30 Per
Transaction (optional)
Implementation and Training
(Includes Project Management,
System Integration, and
Training)
Implementation $19,000
Training: Included ——
Optional Further/Future Training None ——
Hardware Costs and Additional
Products
None ——
Data Conversion Included with
Implementation ——
Total:$56,844 (excluding
transaction fees)
$37,844 (excluding
transaction fees)
$37,844 (excluding
transaction fees)
Total Investment for 3 Years $132,532
(excluding transaction fees)
South San Francisco’s project development includes:
Attachment 2
Attachment 2 - Page 67
64
To clarify our pricing, we offer the following overview of our cost structure.
PRICING MODEL
REC1 utilizes a transaction-based pricing model of 1% per net transaction. Customers are invoiced at the
end of each month for the prior month’s net transactions. If desired, REC1 can also consider alternate
pricing structures. The City may prefer to negotiate an annual fixed fee that approximates 1% of net
annual transactions. Or, the City may prefer fixed monthly payments or may prefer to establish a cost
structure where fees are passed along to end users in the form of Convenience Fees.
Notes:
REC1 does not price per-user. There is no limit to concurrent users.
All customers on the REC1 system get the entire system. There is no price increment for
additional concurrent users.
MAINTENANCE
REC1 does not price separately for annual software maintenance. All software support and maintenance
is included within the 1% per net transaction fee (billed monthly on the prior month’s actual net
transaction total). None of our clients pay a separate fee for maintenance. (Please note that credit card
processing is not included.) The 1% yearly fee is inclusive of all maintenance, support, backups, product
upgrades, etc. In three years, you will still have brand new software!
MERCHANT PROCESSING
For departments that do not have an existing merchant account, they have the option for REC1 to collect
and disburse all credit card monies. A Percentage + Transaction Fee (3% + $0.30 per transaction) applies.
This fee is assessed separately from the software fee of 1%. Customers do have the option of using their
own merchant account if they choose. Convenience fee options are also available for passing along
merchant fees.
REMITTANCE OF PAYMENTS
REC1 has multiple credit card processing options. The City may elect to have REC1 serve as the merchant
of record for credit card processing for reasonable fees (see Pricing section for fees). REC1 disburses
funds up to twice monthly. Deposits are net of fees, so the City has no need to remit payment for
software. Additionally, the City may elect to use its own merchant account, in which case, REC1 can be
integrated to it for a nominal fee. If the City desires its own merchant account, but needs to shop for a
new one, REC1 can provide a reference to our well-regarded processing partner.
Pricing Overview
Attachment 2
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65
PROFESSIONAL SERVICES INVOICING
Professional services are invoiced separately from Software/Merchant invoices. The City will not owe any
money for solicited services until the services are certified to have been completed in full.
INVOICING
Unless contracted otherwise, REC1 invoices in arrears on a monthly basis. On the first of each month,
REC1 will initiate an electronic invoice that includes Software Fees (based on the prior month’s Net
Revenue) and also Merchant Fees (if applicable). Payments are expected on a Net 30 basis.
HARDWARE
REC1 does not sell hardware but will happily work with the City to identify and procure hardware that is
known to be compatible with the REC1 system.
Attachment 2
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:17-460 Agenda Date:10/25/2017
Version:1 Item #:9a.
Resolution authorizing the City Manager to execute a five year agreement with CivicPlus,Inc.of Manhattan,
Kansas in an amount not to exceed $290,493 to host and provide related services for a recreation management
system.
WHEREAS,a recreation management system (“Project”)is an invaluable tool supporting the Parks and
Recreation Department’s daily operations; and
WHEREAS,the Parks and Recreation Department processes nearly $4 million in annual revenue,most of
which is processed through the City’s existing recreation management system; and
WHEREAS, the recreation management system is used by both staff and the public; and
WHEREAS,the City’s existing recreation management system,CLASS by Active Network,will no longer be
supported beginning November 30, 2018; and
WHEREAS,on November 3,2016,the City issued a Request for Proposals for a recreation management
system; and
WHEREAS,by close of the Request for Proposals period on January 19,2017,the City received seven (7)
proposals from recreation management system vendors; and
WHEREAS,staff reviewed proposals in a two-phase,scored evaluation process including review of written
proposals and a Proof of Capability demonstration; and
WHEREAS, CivicPlus, Inc. received the highest score in the second phase of the evaluation process; and
WHEREAS,funding for the Project for Fiscal Year 2017-18 is included in the Parks &Recreation Department
Budget and sufficient funds are available to cover the Project cost.
NOW,THEREFORE,BE IT RESOLVED,by the City Council of the City of South San Francisco that the City
Council hereby approves a consulting services agreement with CivicPlus,Inc.for services related to
implementing,hosting,and supporting a recreation management system in an amount not to exceed $290,493,
conditioned on CivicPlus,Inc.’s timely execution of the contract,a draft attached herewith as Exhibit A,and
submission of all required documents,including but not limited to,certificates of insurance and endorsements,
in accordance with the contract requirements.
BE IT FURTHER RESOLVED that the City Council of the City of South San Francisco authorizes the Finance
Department to establish the Project Budget consistent with the information contained in the staff report.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the consulting servicesCity of South San Francisco Printed on 10/27/2017Page 1 of 2
powered by Legistar™
File #:17-460 Agenda Date:10/25/2017
Version:1 Item #:9a.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the consulting services
agreement and any other necessary documents on behalf of the City,subject to approval as to form by the City
Attorney.
*****
City of South San Francisco Printed on 10/27/2017Page 2 of 2
powered by Legistar™
Consulting Services Agreement between [Rev:11.14.2016] November 1, 2017
City of South San Francisco and CivicPlus, Inc. Page 1 of 16
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF SOUTH SAN FRANCISCO AND CIVICPLUS, INC.
THIS AGREEMENT for consulting services is made by and between the City of South San
Francisco (“City”) and CivicPlus, Inc. (“Consultant”) (together sometimes referred to as the “Parties”) as of
November 1, 2017 (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 October 31, 2022, 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 two
hundred ninety thousand four hundred ninety three dollars ($290,493), 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, 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
Exhibit A
Exhibit A - Page 1
Consulting Services Agreement between [Rev:11.14.2016] November 1, 2017
City of South San Francisco and CivicPlus, Inc. Page 2 of 16
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 First Year Fees. The Total First Year Fees shall be invoiced as follows:
2.1.1 Upon signing of this Agreement – one half of the Total First Year Fees amounting
to $33,672 as identified in Exhibit A.
2.1.2 Upon completed implementation of the CivicRec Recreation Management
Software – the remaining half of the Total First Year Fees amounting to $33,672
as identified in Exhibit A. Implementation is considered to be complete when the
City is able to successfully process transactions through the system.
2.2 Annual Service Fee. City shall pay Consultant an annual service fee of $37,844 for
licensing, support, and maintenance of the CivicRec Recreation Management Software
(“Annual Service Fee”). The Annual Service Fee is included in the not to exceed amount
specified in Section 2 above.
2.2.1 Invoicing for Years Two through Five. Beginning with the Second Year of this
Agreement, the Annual Service Fee shall be invoiced on the anniversary of the
Effective Date in each subsequent calendar year.
2.2.2 Reassessment of Annual Service Fee. Beginning with the Third Year,
Consultant may reassess the Annual Service Fee based on the transaction
volume occurring during the prior year to ensure that the Annual Service Fee
accurately reflects the transaction volume processed. The transaction volume is
defined as the gross income processed through CivicRec.
2.2.3 Limit on Reassessment of Annual Service Fee. Such revised Annual Service
Fee shall in no event exceed 1% of the actual transaction volume of the prior 12
month term, and the Total Annual Service Fee may not increase by more than
20% over the prior year’s fee. Any change in the Annual Service Fee must be
communicated to the Contract Administrator by the first Monday in February prior
to such fees going into effect for the new term. Any increase in the Annual Service
Fee will not affect the total not to exceed amount specified in Section 2.
Exhibit A
Exhibit A - Page 2
Consulting Services Agreement between [Rev:11.14.2016] November 1, 2017
City of South San Francisco and CivicPlus, Inc. Page 3 of 16
2.3 Optional Services. Optional Services identified in Exhibit A are services beyond those
identified in the First Year implementation plan. If the City elects to obtain any Optional
Services, the Fees for such Optional Services shall be billed not more often than once per
month during the term of this Agreement, based on the cost of services performed and
reimbursable costs incurred prior to the invoice date. All Optional Services and fees for
such Optional Services will be agreed upon in writing by the parties and memorialized as
an Amendment to this Agreement prior to the commencement of any such Optional
Services.
2.4 All amounts owed to Consultant hereunder are fully-earned upon the satisfactory provision
of the services provided hereunder, and are non-refundable upon payment subject only to
a clear demonstration of an accounting error. City expressly acknowledges and agrees
that City is familiar with the proposed services to be provided and Consultant’s billing
process.
2.5 Merchant Processing Fee. If Consultant provides a merchant account for the collection
of registration and other credit card monies on behalf of City, it shall charge a per
transaction processing fees (“Merchant Processing Fee”) as provided herein.
Merchant Processing Fees will be calculated using a “Processing Rate” which is a
percentage of each positive charge that is captured through the system. No Processing
Rate fees are credited back in the event of a refund or credit. In addition to the Processing
Rate, an additional transaction fee will be assessed which is a fixed amount per
transaction. This transaction fee will also only apply to positive charges and will not apply to
refunds or voids. Unless otherwise specified, all fees due and payable to Consultant will be
deducted from the funds collected in the merchant account prior to disbursement. Unless
otherwise arranged, disbursements will occur either monthly (on or about the 1st of the
next month) or semi-monthly (on or about the 1st as well as the 16th of each month). All
fees contemplated in this subsection 2.2.5 are subject to the not to exceed amount
specified in Section 2.
2.5.1 Standard Merchant Processing Rates are as follows:
Processing Rate - 3% per “charge” transaction
Transaction Fee - $.30 per transaction
2.5.2 There are no monthly minimum fees for merchant processing. City will only pay for
charges it incurs.
2.5.3 Consultant reserves the right, at any time, to adjust the merchant processing rate
or transaction fee to accommodate changes in fees charged by third party
merchant providers. Consultant will give 30 days' notice upon such change.
2.5.4 In addition to the Merchant Fees, City will also be responsible for extraordinary
processing fees assessed by Consultant’s merchant account beyond normal
transaction fees. The most typical extraordinary fee would involve a payer
reversing a charge on a credit card statement. In such case, Consultant shall
Exhibit A
Exhibit A - Page 3
Consulting Services Agreement between [Rev:11.14.2016] November 1, 2017
City of South San Francisco and CivicPlus, Inc. Page 4 of 16
invoice City the first week of each month for any such fees in excess of the funds
collected in the City merchant account incurred during the prior month’s processing.
In any event, City shall only be responsible for payment to Consultant of actual,
additional fees charged to Consultant by the merchant as discussed under this
subsection.
2.6 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.
2.7 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed
the amounts shown on the compensation schedule attached hereto and incorporated
herein as part of Exhibit A.
2.8 Payment of Taxes, Tax Withholding. Consultant is solely responsible for the payment of
employment taxes incurred under this Agreement and any similar federal or state taxes.
To be exempt from tax withholding, Consultant must provide City with a valid California
Franchise Tax Board form 590 (“Form 590”), as may be amended and such Form 590
shall be attached hereto and incorporated herein as Exhibit C. Unless Consultant provides
City with a valid Form 590 or other valid, written evidence of an exemption or waiver from
withholding, City may withhold California taxes from payments to Consultant as required
by law. Consultant shall obtain, and maintain on file for three (3) years after the termination
of this Agreement, Form 590s (or other written evidence of exemptions or waivers) from all
subcontractors. Consultant accepts sole responsibility for withholding taxes from any non-
California resident subcontractor and shall submit written documentation of compliance
with Consultant’s withholding duty to City upon request. .
2.9 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.
2.10 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.
2.11 Prevailing Wage. 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 Agreement, shall be
Exhibit A
Exhibit A - Page 4
Consulting Services Agreement between [Rev:11.14.2016] November 1, 2017
City of South San Francisco and CivicPlus, Inc. Page 5 of 16
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
Consultant or by any subcontractor shall receive the wages herein provided for. The
Consultant 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 Consultant to each worker.
An error on the part of an awarding body does not relieve the Consultant 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
compensation because of the payment by the Consultant 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 Consultant.
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
Consultant 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 Consultant 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 Consultant in connection with the public work. Such records shall be
certified and submitted weekly as required by Labor Code Section 1776.”
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.
Exhibit A
Exhibit A - Page 5
Consulting Services Agreement between [Rev:11.14.2016] November 1, 2017
City of South San Francisco and CivicPlus, Inc. Page 6 of 16
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.
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
Exhibit A
Exhibit A - Page 6
Consulting Services Agreement between [Rev:11.14.2016] November 1, 2017
City of South San Francisco and CivicPlus, Inc. Page 7 of 16
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 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.
Exhibit A
Exhibit A - Page 7
Consulting Services Agreement between [Rev:11.14.2016] November 1, 2017
City of South San Francisco and CivicPlus, Inc. Page 8 of 16
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.
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
Exhibit A
Exhibit A - Page 8
Consulting Services Agreement between [Rev:11.14.2016] November 1, 2017
City of South San Francisco and CivicPlus, Inc. Page 9 of 16
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;
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.
Exhibit A
Exhibit A - Page 9
Consulting Services Agreement between [Rev:11.14.2016] November 1, 2017
City of South San Francisco and CivicPlus, Inc. Page 10 of 16
Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES. To the fullest extent
permitted by law, 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
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.
Exhibit A
Exhibit A - Page 10
Consulting Services Agreement between [Rev:11.14.2016] November 1, 2017
City of South San Francisco and CivicPlus, Inc. Page 11 of 16
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.
Exhibit A
Exhibit A - Page 11
Consulting Services Agreement between [Rev:11.14.2016] November 1, 2017
City of South San Francisco and CivicPlus, Inc. Page 12 of 16
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon 60
days’ written notice to Consultant.
Consultant may cancel this Agreement for cause upon 180 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. 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:
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;
Exhibit A
Exhibit A - Page 12
Consulting Services Agreement between [Rev:11.14.2016] November 1, 2017
City of South San Francisco and CivicPlus, Inc. Page 13 of 16
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.
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."
Exhibit A
Exhibit A - Page 13
Consulting Services Agreement between [Rev:11.14.2016] November 1, 2017
City of South San Francisco and CivicPlus, Inc. Page 14 of 16
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.
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.
Exhibit A
Exhibit A - Page 14
Consulting Services Agreement between [Rev:11.14.2016] November 1, 2017
City of South San Francisco and CivicPlus, Inc. Page 15 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 Angela Duldulao
("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:
Contract Manager
CivicPlus, Inc.
Exhibit A
Exhibit A - Page 15
Consulting Services Agreement between [Rev:11.14.2016] November 1, 2017
City of South San Francisco and CivicPlus, Inc. Page 16 of 16
302 S. 4th Street, Suite 500
Manhattan, KS 66502
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 counterparts and/or by facsimile or
other electronic means, and when each Party has signed and delivered at least one such
counterpart, each counterpart shall be deemed an original, and, when taken together with
other signed counterpart, shall constitute one Agreement, which shall be binding upon and
effective as to all Parties..
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
____________________________ _____________________________________
City Manager NAME:
TITLE:
Attest: Approved as to Form:
_____________________________ ____________________________
City Clerk City Attorney
2864956.1
Exhibit A
Exhibit A - Page 16
Service & License Agreement Contract Information
CivicPlus • 302 S. 4th Street, Suite 500 • Manhattan, KS 66502 • www.CivicPlus.com
Toll Free 888-228-2233 • Accounting Ext. 291 • Support Ext. 307 • Fax 785-587-8951
Contact Information
Organization URL
Street Address
Address 2
City State Postal
Code
CivicPlus provides telephone support for all trained clients from 7am –7pm Central Time, Monday-Friday (excluding holidays). Emergency
Support is provided on a 24/7/365 basis for representatives named by the Client. Client is responsible for ensuring CivicPlus has current
updates.
Emergency Contact & Mobile Phone
Emergency Contact & Mobile Phone
Emergency Contact & Mobile Phone
Billing Contact E-Mail
Phone Ext. Fax
Billing Address
Address 2
City ST Postal
Code
Tax ID # Sales Tax
Exempt #
Billing Terms Account
Rep
Info Required on Invoice (PO or Job #)
Contract Contact Email
Phone Ext. Fax
Project Contact Email
Phone Ext. Fax
EXHIBIT A Exhibit A
Exhibit A - Page 17
City of South San Francisco
CivicRec Emergency Support Contact List
Program Area Name Phone
Administrator Angela Duldulao O: 650-829-3827 / M: 650-763-7201
Administrator Greg Mediati O: 650-829-3897 / M: 650-676-7689
Recreation Manager Kelli Jo Cullinan O: 650-829-3809 / M: 650-676-7677
Front Desk Administration Susan Filereto O: 650-829-3800
Aquatics Devin Stenhouse O: 650-875-6959
Childcare Laura Armanino O: 650-875-6951
Classes Erin O’Brien O: 650-829-3811
Rentals & Sports Mike Mulkerrins O: 650-877-8679
Senior Services TBD TBD
EXHIBIT A Exhibit A
Exhibit A - Page 18
Exhibit A - CivicRec SOW for City of South San Francisco
CivicPlus • 302 S. 4th Street, Suite 500 • Manhattan, KS 66502 • www.CivicPlus.com
Toll Free 888-228-2233 • Accounting Ext. 291 • Support Ext. 307 • Fax 785-587-8951
V.PD 06.01.2015-0048
Exhibit A - CivicRec Statement of Work
Project Implementation and Deployment
Data Import
•User Import
•Location/Facility Import
•Activity/Session Import
•Future Facility Rentals
$11,000
Financial Extract $5,000
GIS Integration $2,500
Standard Gateway Interface (Authorize, Braintree, OpenEdge, or Converge) $2,500
5 Days of Onsite Training $5,000
Travel (1 X 3 Days and 1 X 2 Days) $3,500
Class Fee ‘Calculator’ Included
Total Project Implementation and Deployment $29,500
First Year Annual Service Fee (Includes Licensing, Support and Maintenance) $37,844
Total First Year Fees $67,344
Second Year and Beyond Annual Service Fee (Includes Licensing, Support and
Maintenance)
Billed 12 months from Effective Date
$37,844
Optional Services
Customized Enhancements, Additional Data Import/Export ($100/hr) Not to Exceed
$10,000
Additional Training
a.Onsite Training: 2 day minimum - $3,500 (includes travel) and additional $1,500 per
subsequent day
b.Web-based: $1,250 for 8 hours (additional 4 hour blocks can be purchased for an
additional $625 per 4- hour block)
Not to Exceed
$10,000
Performance and payment under this SOW shall be subject to the terms & conditions of the Agreement by and between
Client and CivicPlus, to which this Statement of Work (SOW) is hereby attached.
EXHIBIT A Exhibit A
Exhibit A - Page 19
Exhibit A - CivicRec SOW for City of South San Francisco
CivicPlus • 302 S. 4th Street, Suite 500 • Manhattan, KS 66502 • www.CivicPlus.com
Toll Free 888-228-2233 • Accounting Ext. 291 • Support Ext. 307 • Fax 785-587-8951
V.PD 06.01.2015-0048
Addendum 1 to Exhibit A.2 – Services Provided
Services provided by CivicPlus to the Client under this agreement include the following:
●Access – CivicPlus hereby grants a nonexclusive license during the term of the Agreement for the Client and patrons
of the Client recreational programming to access, use and display CivicPlus’ online registration service (the “Portal”).
Excluding occasional maintenance, the Software shall be available 24 hours per day, seven days per week with a
guaranteed uptime of 99%. The Portal is accessible via the public Internet from any PC with an Internet connection.
There is no limit to the number of organization users and participants that can enroll using the Portal.
●Online Registration – The CivicPlus registration engine through which the Portal is accessed can be integrated with
Client’s website. CivicPlus will format a registration page to match the colors and theme of the rest of Client’s
website. Client would then display a link on its own page that would seamlessly redirect the user to a secure page
on the CivicPlus server.
●Documentation - All CivicPlus startup and user’s guides are maintained electronically in the system and can be
accessed through the “Help Center” from within CivicPlus. CivicPlus does not provide paper copies of its guides
and help files.
●Data Backups – CivicPlus currently performs backups daily of all of its data (6:00 AM). In case of emergency,
CivicPlus may restore data to the point of the previous backup.
●Enhancements – New features will be added to CivicPlus throughout the term of this Agreement. Client will have
full access to all of these new features without additional charge. Client is also encouraged to submit change
requests as they see opportunities for improvement. CivicPlus will attempt to implement any and all changes that
improve the value of CivicPlus to all of our Clients at no charge. Thereafter, Client will be charged a development
fee at a $100 hourly rate for custom requests. All work will be estimated and agreed upon in writing by the parties
hereto prior to work start.
●Client Support – CivicPlus shall provide an online utility for problem reports and change requests. Client may also
reach CivicPlus by phone at 1-800-335-1863 between the hours of 7:00 AM and 7:00 PM Central Standard Time,
Monday through Friday and excluding national holidays. E-mail support is also available at support@CivicPlus.com.
Non-emergency after-hours support may be subject to additional fees. Emergencies will be handled as soon as
possible. Enhancement requests will be queued based on priority and implemented on a schedule. CivicPlus shall
have sole and absolute discretion as to whether support requests exceed reasonable use or exceed the scope of
services outlined in this Agreement.
●Data – In the event Client no longer wishes to use CivicPlus, CivicPlus will export Client data based on a requested
format (in most cases). If the data exporting request is initiated by Client, development will be charged at a $100
hourly rate. All work will be estimated and agreed upon in writing by the parties hereto prior to work start.
●Additional Training – Additional training may be purchased as follows:
•Onsite Training: 2 day minimum - $3,500 (includes travel) and additional $1,500 per subsequent day
•Web-based: $1,250 for 8 hours (additional 4 hour blocks can be purchased for an additional $625 per
4-hour block)
EXHIBIT A Exhibit A
Exhibit A - Page 20
REC1 understands the City is seeking a fully hosted RMS to provide your staff and customers with the
greatest service in the industry. The City wants to provide its citizens with excellent customer service both
in person and online with the use of a RMS that controls daily recreation program administration and
registration, facility and field reservations, and payment processing and reporting.
REC1 is a fully hosted, PCI compliant SaaS solution that is ready to go off-the-shelf. We will provide
the City with an integrated web-based, hosted application recreation management system that is
comprehensive, efficient, and modern. In addition, REC1 is fully scalable to allow for future growth and is
easily deployed to all functional areas of the City.
Please see the following brief module descriptions which support how we can meet your needs.
Features & Functionality
FACILITY RESERVATIONS (ONLINE AND IN-HOUSE)
All facility functions in REC1 are completely integrated. Generate and email
complex permits, schedule programs, take in-house and online reservations, and
schedule leagues and meetings…all without fear of double bookings! Grid views
and map based bookings also make campsite reservations a breeze.
ACTIVITY REGISTRATION (ONLINE AND IN-HOUSE)
Quickly create programs, indicate flexible pricing, attach waivers and prompts,
and assign instructors. Then, easily take registrations in-house or allow your
public to register on the device of their choice…including mobile. Our software
utilizes load balanced servers and can be scaled to accommodate any volume.
MEMBERSHIP MANAGEMENT
Customer Management in REC1 is particularly easy. Associate photos and
avatars with users for use on membership cards and system profiles. Staff can
see a history of all of the account’s transactions. Store credit/debit cards on file
for future and recurring payments. Perform other functions like sending invoices,
merging accounts, and more.
With REC1, the City can easily sell memberships and punch cards, take photos
of members, print cards or associate barcode key tags, and check people into a
facility. REC1 will even help you auto-bill your members to ensure everyone stays
paid and current.
EXHIBIT A Exhibit A
Exhibit A - Page 21
Features & Functionality
POINT OF SALE
REC1’s Point-of-Sale screen makes it easy for staff to quickly sell merchandise,
enroll participants, and reserve facilities – all in the same cart! It even plugs right
in with your cash drawers, barcode readers, receipt printers, and credit card
readers. Integrated inventory control will tell you how many of each item are
available at each of your locations.
LEAGUE MANAGEMENT
Athletics staff can easily create leagues, draft players, assess skills, and generate
schedules. Public facing “Scores and Schedules” pages can be linked to directly
from your website so your public always has up to date information about their
leagues. We are continuing to evolve these tools including an exciting “Parent/
Player Portal” that will make it even easier for participants to follow their leagues.
MOBILE FOR YOUR PUBLIC AND YOUR STAFF
When users register through REC1, they get the same great experience on their
phone/tablet as they’re used to experiencing on their desktops. The mobile
experience supports all the same waivers, prompts, discounts, and add-ons
that the desktop version does. We always try to adhere to industry standards to
ensure access by all customer populations.
TICKETING
Easily generate tickets for events either through our desktop or our mobile
experience. Public users receive additional pages, along with their receipt, that
contain their tickets. Those tickets can then be printed and scanned into our
mobile check-in or desktop check-in screens. Public users may also prefer to
simply show the ticket code on their phone display instead of printing.
EXHIBIT A Exhibit A
Exhibit A - Page 22
Features & Functionality
SURVEYS
Participants will automatically receive post-program surveys requesting feedback
on your programs, organization, instructors, and processes. This information is
captured and is presented back to staff to assist in determining how well Client
programming is being received.
REPORTING / FINANCIAL ACCOUNTING
REC1 has a very powerful reporting engine. There are dozens of standard reports
in REC1. However, staff can basically take any report and customize it to their
liking. Filters and fields can be added and/or removed. Reports can be sorted,
saved, emailed, exported, or scheduled for regular delivery to any email address.
REC1 will gladly take any reasonable reporting request from the Client and
ensure it is made available as requested.
MERCHANT OPTIONS / CREDIT CARD PROCESSING
REC1 has multiple credit card processing options. The Client may elect to have
REC1 serve as the merchant of record for credit card processing. A Client may
elect to use its own merchant account, in which case, REC1 can be integrated. If
the Client desires its own merchant account, but needs to shop for a new one,
REC1 can provide a reference to our well-regarded processing partner.
EMAIL/SMS BLASTS
There are several links within REC1 that allow for mail blasts. Many of our reports
and roster views allow for mass mailings with just the click of a button. The
People Finder report is a particularly handy report that allows for mailings based
on several different filters. SMS messaging has recently been introduced to
facilitate those particularly time-sensitive notifications like cancellations.
EXHIBIT A Exhibit A
Exhibit A - Page 23
A dedicated project team will assist you throughout our
proven development process to ensure your new website
achieves your vision of success and delivers you complete
satisfaction - guaranteed.
Professional Services
EXHIBIT A Exhibit A
Exhibit A - Page 24
Description of Project Management Services
A Project Manager will be assigned to the City to ensure milestones are met, staff are trained, issues/
considerations are addressed, and that the City has a painless startup process. REC1 implementations are
typicaly straightforward. However, if a client wishes to incorporate customizations prior to initial launch,
your Project Manager will be there to help you at any point. Please note that customizations may extend
the implementation timeline.
A Solution Consultant will be available to work with the City on implementation activities. The Solution
Consultant will drive the end-to-end implementation process and will conduct training both for lead staff
and frontline staff. The Solution Consultant will utilize phase checklists as well as a detailed Project Plan
to facilitate project activities and track milestones. The Project Plan will outline the type of activity, the
purpose of the activity, the resources required for the activity, and any associated documents specific to
the activity.
PROJECT PLAN
A Project Plan for the Kickoff Phase is provided as a sample. We are able to disclose a more detailed
project plan upon selection as a finalist.
PHASE 1: PROJECT INITIATION; KICKOFF
ACTIVITY PURPOSE RESOURCESDOCUMENTS
Task Communicate tasks necessary in
preparation for Kickoff
REC1 PMREC1: Kickoff
Checklist
Meeting/
Call
Introduce Project Teams
Define Roles
Review Statement of Work
REC1 PM
Client PM
Meeting/
Call
Review Draft Project Timeline
Establish On-site Training Dates
REC1 PM
Client PM
REC1: Project Plan
Implementation Plan
EXHIBIT A Exhibit A
Exhibit A - Page 25
Implementation Plan
SCHEDULE
Provided is an illustrative development timeline for the City. Our average implementation timeframe is
12 weeks. If the City has implementation, training, or integration needs that require a longer timeframe,
we’re happy to adjust accordingly. No two customers have the exact same schedule. Factors like “all-in”
vs a “scaled rollout” approach...not to mention the City’s own scheduling needs….will factor into the final
implementation schedule.
SAMPLE PROJECT SCHEDULE: 12 WEEKS
123456789 101112
Project Initiation; Kickoff
Interface/Data Requirements
Gathering
Module Configuration/Basic
Account Setup
Integration Development
End User Training
System Testing/Issue Resolution
Go Live
REC1 can begin Project Initiation as soon as contract signing is complete. The start date is driven by
the City’s preference, and we can add specific dates to our 12-week project plan when the City confirms
a start date. A REC1 implementation is not complicated with our comprehensive base products and
minimal customization requests. We can accommodate more advanced customization requests, but such
requests may extend your implementation schedule.
EXHIBIT A Exhibit A
Exhibit A - Page 26
Description of Proposed Services
DATA MIGRATION
At the City’s request, REC1 can convert content from the City’s current database, including accounts with
credits, accounts with balances, future bookings, and active memberships. We have a number of custom
developed scripts and libraries we leverage for data imports. The amount of effort is dependent upon the
type of data (e.g., user data imports are typically straightforward, yet historical transactions are often time
consuming to import). After a more detailed discussion with the City, we can recommend options for
extracting and saving data from the City’s current database.
INTEGRATION DEVELOPMENT
There are several integration capabilities the City may choose to leverage:
REC1 can provide integration to the City’s selected payment gateway (for credit card processing).
Additionally, we can also produce a GL extract compatible with the City’s financial system. We
have interfaced with a number of different systems and are confident that we can produce a file
compatible with yours.
Finally, the City may opt to have REC1 integrate with its GIS system for purposes of local resident
determination.
SYSTEM TESTING/ISSUE RESOLUTION
REC1 is a SaaS solution that is ready to go off-the-shelf. In some situations, our clients have asked for
either software enhancements or for custom code specific to their needs. If customizations are requested
(note: an additional fee may apply), then we will work with you to fully understand your requirements
prior to beginning work. If the City wishes to test the custom code changes, then we will provide a testing
environment in which you can review the new functionality and provide sign-off prior to moving the code
to production.
TRANSITION TO PRODUCTION
During the 12-week implementation period, the City and REC1 will work together to import and/or
configure production data, develop and test integration to third party systems, and complete system
training with your lead and frontline staff. The City will also have begun your marketing promotion for
the new site and online registration. Any technical aspects of implementation will be handled by our staff
as part of our service. During Week 12, REC1 will complete a final data import (if required) and the City
will ensure the site is fully configured and ready for launch. Once the City has indicated a Go for launch,
you will place a new link on your site which will redirect your customers to REC1. During this time, REC1
is available to be on site with you or can be available remotely for immediate assistance should the City
desire.
Implementation Plan
EXHIBIT A Exhibit A
Exhibit A - Page 27
Proposed Training Plan
We recommend a train-the-user approach in most cases with hands-on training for participants. Users
learn the system much more quickly when they’re entering actual data during the training sessions. REC1
offers limited remote training as well as on-site training. Remote training is typically better suited to
smaller or seasonal groups, or as a refresher session to larger groups. Groups with diverse operations and
large numbers of employees, such as the City, would be better suited for on-site training.
Five days of on-site training conducted over two trips to the City is estimated for this project. The specific
training plan will be customized to meet your specific needs. We typically break training up by our
modules (Registration, POS, Rentals, Reporting, etc.). Sometimes a client may instead ask for training
according to job role, which can easily be done. Classes with more than 20 users tend to lose their
effectiveness. We will also make sure any of your last minute questions are answered before Go Live.
Note: We do not offer system administrator training as that is handled by REC1 as part of our service.
Data Extraction and Loading
Per the City’s request, REC1 can convert content from the City’s CLASS database, including data for
facilities, future permits, active memberships, balances due, and credits on account. We have a number
of custom developed scripts and libraries we leverage for data imports. Importing VIP user data would be
straightforward, but bringing across each user’s history (transactions, programs, and rentals) is uncommon
because of its complexity and associated cost. With a more detailed discussion with the City, we can
recommend options for extracting and saving data from CLASS and can then provide a more detailed
cost estimate.
FINANCIAL SYSTEM INTERFACE
We can produce an extract that adheres to Tyler’s Eden import specification, which should allow you to
import the file directly into Tyler. We can also configure the extract to be called via web service in the
event the City wants to script an automatic import process.
Implementation Plan
EXHIBIT A Exhibit A
Exhibit A - Page 28
Vendor Staffing
From project management to design and development to training and support, a dedicated project team will assist
you throughout the development process to ensure your project’s success and your complete satisfaction. Based out of
Alpharetta, Georgia, REC1 staff will perform all project work, other than on-site training/meetings, remotely. We do not
utilize any non-US based resources. The following identifies the resource roles who will be involved from REC1 and the
City. Aside from Landon, REC1 project team resources have been with REC1 an average of four (4) years.
ROLE RESPONSIBILITIES
Project ExecutiveProvides executive oversight and ensures best practices for the
engagement. Provides ongoing strategic focus and depth of experience
implementing REC1 solutions.
Project ManagerStreamlines communication during implementation, tracks project status
and issues, and oversees quality.
Solution ConsultantActs as a product subject matter expert, working to ensure client
requirements are fulfilled. Conducts configuration meetings and provides
end user training (either on-site or via web meeting).
Development Configures code, fixes defects, implements software enhancements,
develops and maintains third party integrations, and ensures a quality user
experience.
Support AnalystCoordinates and communicates support requests post launch.
Account ManagerProvides customer care and outreach post launch.
EXHIBIT A Exhibit A
Exhibit A - Page 29
REC1 will work with a single Point of Contact from the City. The City should consider the following roles
for a successful implementation team.
ROLE RESPONSIBILITIES ~HOURS*
Project ExecutiveProvides focus and guidance for the overall project. Helps to prioritize key
objectives, assists with issue escalation, and acts as project champion.
20
Project ManagerWorks closely with the REC1 Project Manager to facilitate the execution of
project activities and logistics. Organizes training for recreation staff, front
desk, supervisors, and managers.
Lead Staff Activity managers and facility managers within parks and recreation who will
be doing the primary configuration and setup within the REC1 system.
200
Frontline Staff Acts as end users of the system and will participate in end user training
sessions.
IT Coordinates with REC1 on the GIS data export and other data migration
requirements.
8
Finance Coordinates the payment gateway integration, financial accounting extract,
and works with REC1 to properly configure the General Ledger setup.
8
Marketing Identifies and communicates rollout and adoption process both internally
and to the public.
8
Expected City Staffing
*The hours per role provided are an estimate based on previous projects and experience. Once final
scope is defined, a more accurate representation of the time your staff will need to allocate to this project
will be provided.
EXHIBIT A Exhibit A
Exhibit A - Page 30
Technical Requirements
There are no minimum requirements to run REC1. It’s cloud-based and simply requires a reasonably
modern PC with internet access. We recommend running it on a high speed internet connection.
Hosting/Security Features
The City has no obligations in regards to hosting the application. REC1 utilizes industry standards,
insurance requirements, and PCI requirements to ensure that REC1 is only accessed in the manner it’s
intended to be accessed and by people who are authorized to do so. Methods include:
Physical security at our Tier I data centers (Codero, TelX, and Rackspace)
Server firewalls
Anti-virus scanning
IP logging and filtering
Application security monitoring
All data centers provide a network operation center with 24/7/365 monitoring of the data center
environment, system availability, and performance. The data centers are SSAE 16 compliant.
For User Security, the REC1 will assist the City in configuring user levels and assigning users to those
groups. Thousands of permissions can then be configured on a group by group basis. Most permissions
apply on individual pages, but some also apply to specific functions within a page (buttons, fields, etc).
REC1 will guide the City through this process as part of Training and Implementation.
PCI COMPLIANCE
For credit card security, REC1 maintains PCI compliance through an Approved Scanning Vendor
(ControlScan). We are scanned monthly and provided a quarterly certificate of compliance. Our customers
are provided a copy of that certificate for use in their own PCI Compliance.
We also try – when possible – to take REC1 (and you) completely out of PCI scope by leveraging
“hosted” payment pages when available. Many payment gateways have payment forms that can be
embedded within REC1 (or that the browser can be redirected to) to ensure card data never touches the
REC1 servers. Instead, the card data is keyed directly into the payment gateway’s form, and REC1 simply
receives a notification the payment was successfully made.
Technical Information
EXHIBIT A Exhibit A
Exhibit A - Page 31
Backup/Recovery/Data Redundancy
The City can export data as needed in the standard reporting tool. If the City has elevated data retention
requirements, REC1 can have a scoping session with the City to address those. Professional Services fees
may apply to custom configurations/capabilities.
REC1 has policies and procedures in place to ensure continuity and disaster recovery. We utilize local,
replicated servers to ensure that copies of data, software, and files are always available and up to date.
These servers can be rolled over in the event of hardware failure or other local issues. We also have
a multi-times per day process that encrypts backups and sends them offsite for purposes of disaster
recovery. This process ensures that we can reconstitute our entire product and underlying data structure
with limited downtime and loss of data - even in the event of catastrophe.
Hardware
Customers may opt for a variety of hardware peripherals to enhance the REC1 experience. REC1 can be
integrated with magnetic stripe readers, barcode readers, thermal printers, cash drawers and more. While
REC1 does not provide this hardware, we are happy to assist with procurement and implementation.
Technical Information
EXHIBIT A Exhibit A
Exhibit A - Page 32
You are now a part of the REC1 family and will continue to
receive both technical and consultative support from our
Support and Account Management team.
Maintenance and Support
EXHIBIT A Exhibit A
Exhibit A - Page 33
Support
REC1 is an internet-based, fully hosted software solution. REC1 handles all server-side maintenance,
backups, replication, PCI compliance, fixes, patches, and software upgrades. All maintenance, hosting,
and product upgrades are included at no additional cost within the net transaction fee per month.
REC1 will provide a toll free number at no cost, and we also offer an online support system for users
to submit software issues or requested enhancements. For emergencies, users may either call REC1 or
enter an emergency ticket into the system. Emergency tickets include any REC1 issue that is causing
a disruption to your ability to use our system (i.e., the website is down). These issues are addressed
immediately. Additionally, REC1 is available to be on site with you when needed (travel expenses may be
incurred).
REC1 processes standard support requests via email or phone from 8am-8pm Eastern, Monday-Friday
(excluding holidays). Emergency support is offered 24/7.
REC1 also maintains a product Knowledgebase where users can review articles and can get tips on best
practices. The Knowledgebase is also where we store Release Notes and PCI certificates.
REC1 has formalized support procedures that involve the following Tiers:
Tier 1: Simple usability issues and ‘How do I?’ questions
Tier 2: Complex functional questions
Tier 3: Technical issues
Maintenance and Support
“I’d have to say my favorite part of REC1 is the service. Sometimes I
encounter something I just can’t figure out and REC1 is always there
with a solution. They respond quickly and thoroughly.”
Client review from Capterra http://www.capterra.com/parks-and-recreation-software/
EXHIBIT A Exhibit A
Exhibit A - Page 34
During regular support hours, we try to have at least six resources available across all tiers. Staff range
in experience from 1 to 5 years of supporting the REC1 product. There is an escalation procedure that is
followed by all staff from the initial reception of the issue to its successful resolution. Communication is
maintained with the Client throughout the process.
Release / Upgrade Schedule
REC1 currently utilizes a monthly release schedule. The City can expect to receive an average of one new
feature per month. We also try to release a new major module quarterly. If bugs are identified, those are
“hotfixed” into production and do not await our standard release dates.
REC1 is a SaaS solution and all customers are on the same code base. Product enhancements are
provided on an ongoing basis to our clients at no additional charge. Many, if not most, of these
enhancements originated from a customer enhancement request that was applied to base product and
made available to all REC1 customers.
System changes are communicated via our website (users will see a notice upon login). For major changes
that may require additional staff training (e.g., a brand new module is being released), we will notify the
City in advance and schedule the rollout with you as appropriate.
We base our roadmap on requests from our customers as well as on our own internal product goals. We
maintain a roadmap request system that allows for customers to request changes and to up/down vote
ideas that are under consideration.
Maintenance and Support
EXHIBIT A Exhibit A
Exhibit A - Page 35
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:17-1059 Agenda Date:10/25/2017
Version:1 Item #:10.
Report regarding an ordinance approving an amendment to the contract between the Board of Administration,
California Public Employees’Retirement System and the City Council,City of South San Francisco,
implementing the ability for Classic Safety members to pay a portion of the employer share of their California
Public Employees’ Retirement System pension costs.(LaTanya Bellow, Human Resources Director)
RECOMMENDATION
It is recommended that the City Council introduce an ordinance amending the contract between the Board of
Administration,California Public Employees’Retirement System and the City Council,City of South San
Francisco,implementing the ability for Classic Safety members to pay a portion of the employer share of their
California Public Employees’ Retirement System (CalPERS) pension costs, and waive further reading.
BACKGROUND/DISCUSSION
The City contracts with CalPERS as the provider of the City’s pension benefits for all active and former
fulltime employees.On January 1,2013,the State passed pension reform where all “new members”receive a
new,lower cost formula.Any employees hired before January 1,2013 (“Classic Members”)enjoyed the
pension formulas in place at the time of the passage of pension reform.Recognizing that the City’s Classic
Member Public Safety pension obligations for its Classic Members have become very high,the City and the
public safety employee organizations partnered during labor negotiations to create a framework where
employees would bare higher contributions to fund their CalPERS pension.The four employee agreements
governing the City’s public safety employees (Police Association,International Federations of Firefighters
Association,Public Safety Managers,and the Executive Team)were ratified by the unit’s memberships and by
City Council in June 2017.
On October 11,2017,the City Council adopted a resolution of intention to amend the contract between
CalPERS and the City,implementing the ability for Classic Safety Members to pay a portion of the employer
share of their CalPERS pension costs as permitted by the Public employees’ Retirement Law.
Pursuant to Government code Section 20471,there must be a 20 day period between the adoption of the
Resolution of Intention and the adoption of the final Ordinance;therefore,November 8,2017 will be the final
reading of the ordinance.
FISCAL IMPACT
The agreements with the employees provided for long-term structural changes in the City’s Classic Public
Safety pension costs.The City currently pays 100 percent of the employer share for the CalPERS pension costs
for Classic Employees.For the first time,in addition to the Classic Public Safety Member’s nine percent
Employee Share for their CalPERS pension retirements,all Classic Public Safety unit employees will share in
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File #:17-1059 Agenda Date:10/25/2017
Version:1 Item #:10.
Employee Share for their CalPERS pension retirements,all Classic Public Safety unit employees will share in
the employer pension costs.The Classic Public Safety employee cost share would be phased in at one percent
effective the first pay period in July 2017 (for a total employee contribution of 10 percent),an additional one
percent effective the first full pay period in July 2018 (for a total employee contribution of 12 percent).
Effective July 1,2020,the employees will be obligated to pay 3 percent of the employer rate,plus 9 percent of
the employee contribution for a total employee commitment of 12 percent.
CONCLUSION
It is recommended that the City Council introduce an ordinance to approve an amendment to the contract
between the Board of Administration California Public employees’Retirement System and the City Council,
City of South San Francisco and waive further reading.
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:17-951 Agenda Date:10/25/2017
Version:1 Item #:10a.
An ordinance approving an amendment to the contract between the Board of Administration,California Public
Employees’Retirement System and the City Council,City of South San Francisco,implementing the ability for
Classic Safety members to pay a portion of the employer share of their California Public Employees’
Retirement System pension costs.
WHEREAS,the Public Employees’Retirement Law permits the participation of public agencies and their
employees in the Public Employees’Retirement System by the execution of a contract,and sets forth the
procedure by which said public agencies may elect to subject themselves and their employees to amendments to
said Law; and
WHEREAS,on October 11,2017,the City Council of the City of South San Francisco adopted a resolution of
intent to approve an amendment to said contract,which resolution contained a summary of the change proposed
in said contract; and
WHEREAS,the City Council of the City of South San Francisco wishes to adopt an ordinance to approve an
amendment to the contract between the Board of Administration California Public Employees’Retirement
System and the City Council,City of South San Francisco,implementing the ability for Classic Safety
members to pay a portion of the employer share of their California Public Employees’Retirement System
(CalPERS) pension costs.
NOW,THEREFORE,BE IT ORDAINED that based on the entirety of the record before it,as described below,
the City Council of the City of South San Francisco does hereby ordain as follows:
SECTION 1.APPROVAL OF CALPERS CONTRACT AMENDMENT
The City Council hereby adopts an Ordinance approving an amendment to the contract between the Board of
Administration California Public Employees’Retirement System and the City Council,City of South San
Francisco,implementing the ability for Classic Safety members to pay a portion of the employer share of their
CalPERS pension costs, attached hereto and incorporated herein as Exhibit A.
The City Council also hereby authorizes the City Manager to enter into and execute the amendment to the
contract on behalf of the City Council in substantially the same form as attached hereto as Exhibit A;to make
any revisions,amendments,or modifications,subject to the approval of the City Attorney,deemed necessary to
carry out the intent of this ordinance and which do not materially alter or increase the City’s obligations
thereunder.
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File #:17-951 Agenda Date:10/25/2017
Version:1 Item #:10a.
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.
This ordinance shall be published once,with the names of those City Councilmembers voting for or against it,
in the San Francisco Examiner,a newspaper of general circulation in the City of South San Francisco,as
required by law, and shall become effective thirty (30) days from and after its adoption.
*****
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:17-1063 Agenda Date:10/25/2017
Version:1 Item #:11.
Motion to approve the Minutes from the meetings of March 8, 2017, March 22, 2017 and October 11, 2017.
City of South San Francisco Printed on 10/19/2017Page 1 of 1
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:17-1064 Agenda Date:10/25/2017
Version:1 Item #:12.
Motion confirming payment registers for October 25, 2017.(Richard Lee, Director of Finance)
The payments shown in the attached payment register are accurate and sufficient funds were available for
payment (payroll items excluded).
Attachment: Payment Register
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:17-1013 Agenda Date:10/25/2017
Version:1 Item #:13.
Motion to cancel the Regular City Council meetings on November 22,2017 and December 27,2017.(Mike
Futrell, City Manager)
RECOMMENDATION
It is recommended that the City Council,by motion,cancel the Regular City Council meetings on
November 22, 2017 and December 27, 2017.
CONCLUSION
Cancellation of the November 22,2017 and December 27,2017 Regular City Council meetings will not result
in an adverse effect on City business.
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:17-1009 Agenda Date:10/25/2017
Version:1 Item #:14.
Report regarding resolution of the City Council of the City of South San Francisco approving the two
applications for grant funds from the Habitat Conservation Fund Program in the amounts of $100,000 from the
Trails Category and $9,250 from the Wildlife Area Activities Category for a total of $109,250.(Sharon
Ranals, Parks and Recreation Director)
RECOMMENDATION
It is recommended that the City Council adopt a resolution approving the filing of grant funds from the
Habitat Conservation Fund in the amount of $109,250 for trail improvements at Sign Hill and an
overnight youth camp at San Bruno Mountain State Park in Fiscal Year (FY) 2017-2018.
BACKGROUND/DISCUSSION
The State of California enacted the California Wildlife Protection Act of 1990,which provides funds to the
State of California for grants to local agencies to acquire,enhance,restore or develop facilities for public
recreation and fish and wildlife habitat protection purposes.The State Department of Parks and Recreation has
been delegated the responsibility for the administration of the Habitat Conservation Fund (HCF)Program,
setting up the necessary procedures governing project applications under the HCF Program.
Trails Project:Through this application to the Habitat Conservation Fund Grant Program,the City of South
San Francisco is requesting $100,000.This project proposes to restore 1.87 miles of the most heavily used trails
in Signal Hill Park by clearing brush to provide a fire break,removing invasive species along existing trails,
trail grading,and installing header boards to hold in surfacing materials.This project will also install seating
and interpretive signage at key points such as vistas,and along the flight path of the endangered Mission Blue
Butterfly.The City would like to include interpretive signage at the base of the trailheads with general
information on Sign Hill Park,images of the vistas,and information on key habitat features in areas that would
be accessible to all, so that individuals of any ability can learn to appreciate their natural surroundings.
Wildlife Areas Project:Through this application to HCF,the City is requesting $9,250 to partially fund an
overnight youth wildlife camp at San Bruno Mountain State Park.The project proposes a hiking/camping
overnight getaway to get disadvantaged youth from urban areas in the 5th -7th grade aged range in touch with
nature and the outdoors,as well as getting much needed physical exercise,through a series of 3 weekend
classes that build to an overnight educational excursion in the state park.The classes would include hands on
outdoor education activities, designed to encourage an interest and appreciation for wildlife areas.
FISCAL IMPACT
The total budget for the Trails Project is $200,000,and the total budget for the Wildlife Areas Project is
$18,500.HCF requires matching funds of 50 percent.Were the grant to be awarded,Matching funds of
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File #:17-1009 Agenda Date:10/25/2017
Version:1 Item #:14.
$18,500.HCF requires matching funds of 50 percent.Were the grant to be awarded,Matching funds of
$109,250 would be provided from the General Fund as part of the Fiscal Year (FY) 2017-18 budget.
CONCLUSION
It is recommended that the City Council adopt a resolution approving the filing of grant funds from the Habitat
Conservation Fund in the amount of $109,250 for trail improvements at Sign Hill and an overnight youth camp
at San Bruno Mountain State Park.
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:17-1008 Agenda Date:10/25/2017
Version:1 Item #:14a.
Resolution of the City Council of the City of South San Francisco approving the two applications for grant
funds from the Habitat Conservation Fund Program in the amounts of $100,000 from the Trails Category and
$9,250 from the Wildlife Area Activities Category for a total of $109,250.
WHEREAS,the people of the State of California have enacted the California Wildlife Protection Act of 1990,
which provides funds to the State of California for grants to local agencies to acquire,enhance,restore or
develop facilities for public recreation and fish and wildlife habitat protection purposes; and
WHEREAS,the State Department of Parks and Recreation has been delegated the responsibility for the
administration of the Habitat Conservation Fund (HCF)Program,setting up necessary procedures governing
project application under the HCF Program; and
WHEREAS,said procedures established by the State Department of Parks and Recreation require the applicant
to certify by resolution the approval of applications before submission of said applications to the State; and
WHEREAS, the applicant will enter into a contract with the State of California to complete the projects.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of South San Francisco hereby:
1.Approves the filing of an application for the Habitat Conservation Fund Program; and
2.Certifies that said applicant has or will have available,prior to commencement of any work on the
project included in this application, the required match and sufficient funds to complete the project; and
3.Certifies that the applicant has or will have sufficient funds to operate and maintain the projects, and
4.Certifies that the applicant has reviewed,understands,and agrees to the provisions contained in the
contract shown in the Grant Administration Guide; and
5.Delegates the authority to the City Manager to conduct all negotiations,execute and submit all
documents,including,but not limited to applications,agreements,amendments,payment requests and
so on, which may be necessary for the completion of the project; and
6.Agrees to comply with all applicable federal,state and local laws,ordinances,rules,regulations and
guidelines.
*****
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:17-1045 Agenda Date:10/25/2017
Version:1 Item #:15.
Report regarding a resolution authorizing the acceptance of $25,000 in grant funding from the Woodlawn
Foundation to support the Community Learning Center’s after-school homework program and approve Budget
Amendment 18.011.(Valerie Sommer, Library Director)
RECOMMENDATION
It is recommended that the City Council adopt a resolution accepting grant funding in the amount of
$25,000 from the Woodlawn Foundation to support Community Learning Center’s (CLC)after-school
homework program, and approving Budget Amendment 18.011.
BACKGROUND/DISCUSSION
In August 2017,the Library Department applied for grant funding from the Woodlawn Foundation to support
the CLC’s after-school homework program.In September 2017,a grant award in the amount of $25,000 was
awarded to provide free after-school academic support for children attending school or living in South San
Francisco.Many program children come from households where parents work multiple jobs and/or have
language or literacy issues.The after-school program consists of the Homework Club for children in 3rd to 5th
grade.The program aims to promote the successful completion of homework,a critical need identified by both
teachers and parents.CLC meets with parents and hosts family education workshops focusing on math,reading,
and healthy living to support learning at home.In addition to homework assistance,the program offers dynamic
learning clubs featuring enrichment activities such as art and music.Science,Technology,Engineering,and
Math (STEM) activities are also provided throughout the school year.
FISCAL IMPACT
Grant funds will be used to amend the Library Department’s current Fiscal Year 2017-18 Operating Budget per
Budget Amendment 18.011.Funds not expended in Fiscal Year 2017-18 will be carried over into Fiscal Year
2018-19. Receipt of these funds does not commit the City to ongoing funding.
CONCLUSION
Receipt of these funds will support the Community Learning Center’s after-school homework program for
children attending school or living in South San Francisco.It is recommended that the City Council accept
$25,000 in grant funding and approve Budget Amendment 18.011.
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:17-1046 Agenda Date:10/25/2017
Version:1 Item #:15a.
Resolution authorizing the acceptance of $25,000 in grant funding from the Woodlawn Foundation to support
the Community Learning Center’s after-school homework program and approve Budget Amendment 18.011.
WHEREAS,the City of South San Francisco (“City”)Library Department established the Community
Learning Center to assist adults and their families in reaching educational goals; and
WHEREAS,in September 2017,the Woodlawn Foundation awarded a grant to the City in the amount of
$25,000 to fund after-school homework programs at the Community Learning Center; and
WHEREAS,the homework programs promote the successful completion of homework,host family education
workshops, and provide art, music, science, technology, engineering and math activities; and
WHEREAS,staff recommends the acceptance of grant funding in the amount of $25,000 from the Woodlawn
Foundation to support the Community Learning Center after-school homework programs; and
WHEREAS,the foregoing grant funds will be used to amend this year’s operating budget of the Library
Department through Budget Amendment 18.011.
NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of South San Francisco that the City
Council hereby accepts $25,000 in grant funding from the Woodlawn Foundation and approves Budget
Amendment 18.011.
*****
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:17-1027 Agenda Date:10/25/2017
Version:1 Item #:16.
Report regarding a resolution of support for the filing of an application for funding assigned to Metropolitan
Transportation Commission and committing any necessary matching funds and stating assurance to complete
the Plans,Specifications and Estimates Phase for the US 101 Produce Avenue Interchange Project.(Richard
Cho, Senior Civil Engineer)
RECOMMENDATION
It is recommended that the City Council adopt a resolution of support to the filing of an application for
funding assigned to MTC and committing any necessary matching funds and stating assurance to
complete the Plans,Specifications and Estimates (PS&E,or “Design”)Phase for the US 101 Produce
Avenue Interchange Project.
BACKGROUND/DISCUSSION
On September 3,2015,the San Mateo County Transportation Authority approved a Measure A Highway
Program grant in the amount of $3,000,000 to allow the City of South San Francisco to start the Project
Approval and Environmental Document (PA/ED)phase for the US 101/Produce Avenue Interchange Project
(“Project”).The Highway Program focuses on projects which remove bottlenecks in the most congested
commute corridors and improve the commute along critical corridors.The implementing agency,the City of
South San Francisco, is responsible for the successful completion of each of the following project components:
1.Project Approval and Environmental Document Phase.
2.Preparation of Plans, Specifications and Estimates Phase.
3.Acquisition of rights-of-way, including, but not limited to, support activities.
4.Construction, construction management and engineering, including surveys and inspection.
The Highway Program allows the City of South San Francisco to fund the PA/ED phase of the Project,which is
currently underway.Ultimately,the Project will construct an east-west connection across US 101,improve the
connectivity to southbound and northbound 101,remove some of the non-standard features at this location,and
provide new ramp configurations at Produce Avenue.The Project will provide the adjacent developments
surrounding Produce Avenue at the US 101 juncture better access to the on ramps and improve traffic
circulation.The City has executed a consultant services agreement with AECOM of San Jose,California to
prepare the necessary documents in the PA/ED phase.
The City,as sponsor of the Project,is responsible for the PA/ED phase.The California Department of
Transportation (Caltrans),as owner and operator of the facility,will,at its own cost,provide Independent
Quality Assurance for work within its right-of-way,act as the Lead Agency for California Environmental
Quality Act (CEQA)and National Environmental Policy Act (NEPA)activities,and approve the products of
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File #:17-1027 Agenda Date:10/25/2017
Version:1 Item #:16.
Quality Act (CEQA)and National Environmental Policy Act (NEPA)activities,and approve the products of
this phase of work.A Cooperative Agreement between Caltrans and the City was signed per resolution 37-2017
to document respective obligations for the US 101/Produce Avenue Interchange Project PA/ED phase.Once the
PA/ED phase is complete, the project would enter the Plans, Specifications, and Estimates (PS&E) Phase.
On September 14,2017,the City/County Association of Governments (C/CAG)notified the City that it is
proposing to allocate $5,000,000 of 2018 Statewide Transportation Improvement Program (STIP)funds in
Fiscal Year (FY)2020-21 for the US 101/Produce Avenue Interchange PS&E (Design)Phase.STIP program
summary attached.As a requirement,the City must adopt the associated resolution of support to receive
funding.
FISCAL IMPACT
The estimated cost for the PS&E (Design)Phase is approximately $6,200,000.Although no minimum match is
required for this cycle,City staff will need to commit $1,300,000 of local match funds to fund the PS&E Phase
by FY 2020-21, as required by STIP.
US 101 Produce Avenue Interchange Grant Req.City Funds TOTAL
Plans, Specifications and Estimates (PS&E)$5,000,000 $1,200,000 $6,200,000
Grant Administration $ 100,000 $ 100,000
PS&E (Design) Cost $5,000,000 $1,300,000 $6,300,000
The City will need to provide $1,300,000,which is 21 percent of total project cost.The City’s required match
may come from Gas Tax,Measure A,or other funding sources.At the time the PS&E phase is budgeted,staff
will recommend the final funding sources.
CONCLUSION
This project will provide the adjacent developments surrounding Produce Avenue at the US 101 better access to
the on ramps and improve the traffic circulation.Staff recommends that the City Council adopt the associated
resolution of support to the filing of an application for funding the Project and committing necessary funds to
complete the PS&E (Design) Phase.
Attachment 1 - SM County 2018 STIP Summary
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SUMMARY of PROPOSED 2018 STIP FOR SAN MATEO COUNTY
($1,000's)
SM County 2018 STIP Summary 8-4-17 1 of 1 9/5/2017
Lead Agency Rte PPNO Project
Total
(2016 STIP)
Total
(2018 STIP)
(Info Only)
17-18 18-19 19-20 20-21 21-22 22-23
Menlo Park 101 690A US 101/Willow interchange reconstruction - AB 3090 8,000 8,000
Pacifica 1 632C SR 1 Calera Parkway - Pacifica 6,900
San Mateo 92/82 668A
Phase 1 of SR 92 Improvement from I-280 to US 101 - Construction of
Operational Improvement at the SR 92/El Camino Real Interchange -
Allocated 5,000 5,000
South San
Francisco 82 648F Grandfathered MTC TE - ECR Complete Streets 1,991 1,991
SM C/CAG VAR 2140E Countywide ITS Project - (SSF Smart Corridors expansion)4,298 240 4,058
SM C/CAG 92 668D
Phase 2 of SR 92 Improvement from I-280 to US 101 - Improvement at
the SR 92/US 101 Interchange Vicinity 5,628 2,411 3,217
SM C/CAG 101 New
US 101 High Occupancy/ Express Lane Project from Santa Clara County
Line to I-380 33,498 15,000 18,498
RWC 101 New Woodside Interchange 8,000 8,000
SSF 101 New Produce Interchange - Improvements 5,000 5,000
SM C/CAG 101/280 New
ITS Improvements in Daly City and Brisbane - (Daly City and Brisbane
Smart Corridors expansion)8,500 600 1,000 6,900
SUBTOTAL - HIGHWAY (2018/19 thru 2022/23):24,917 54,998 23,240 25,567 9,217 6,900
MTC 2140 Planning, programming, and monitoring (MTC)74 246 74 0 82 82 82
SM C/CAG 2140A Planning, programming, and monitoring (CMA)338 787 338 0 263 262 262
SUBTOTAL - PLANNING
(2018/19 thru 2022/23):412 1,033 412 0 345 344 344
Grand Total (2018/19 thru 2022/23):56,031 23,652 25,567 9,562 7,244 344
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:17-1028 Agenda Date:10/25/2017
Version:1 Item #:16a.
Resolution of support for the filing of an application for funding assigned to Metropolitan Transportation
Commission and committing any necessary matching funds and stating assurance to complete the Plans,
Specifications and Estimates Phase for the US 101 Produce Avenue Interchange Project.
WHEREAS,the City of South San Francisco (herein referred to as “Applicant”)is submitting an application to
the Metropolitan Transportation Commission (MTC)for five million dollars ($5,000,000)in funding assigned
to MTC for programming discretion,which includes federal funding administered by the Federal Highway
Administration (FHWA)and federal or state funding administered by the California Transportation
Commission (CTC)such as Surface Transportation Block Grant Program (STP)funding,Congestion
Mitigation and Air Quality Improvement Program (CMAQ)funding,Transportation Alternatives (TA)set-
aside/Active Transportation Program (ATP)funding,and Regional Transportation Improvement Program
(RTIP)funding (herein collectively referred to as “Regional Discretionary Funding”)for the US 101 Produce
Avenue Interchange Project (herein referred to as “Project”)for the Regional Transportation Improvement
Program (herein referred to as “Program”); and
WHEREAS,the United States Congress from time to time enacts and amends legislation to provide funding for
various transportation needs and programs,(collectively,the “Federal Transportation Act”)including,but not
limited to,the Surface Transportation Block Grant Program (STP)(23 U.S.C.§133),the Congestion Mitigation
and Air Quality Improvement Program (CMAQ)(23 U.S.C.§149)and the Transportation Alternatives (TA)set
-aside (23 U.S.C. § 133); and
WHEREAS,state statutes,including California Streets and Highways Code §182.6,§182.7,and §2381(a)(1),
and California Government Code §14527,provide various funding programs for the programming discretion of
the Metropolitan Planning Organization (MPO) and the Regional Transportation Planning Agency (RTPA); and
WHEREAS,pursuant to the Federal Transportation Act,and any regulations promulgated thereunder,eligible
project sponsors wishing to receive federal or state funds for a regionally-significant project shall submit an
application first with the appropriate MPO,or RTPA,as applicable,for review and inclusion in the federal
Transportation Improvement Program (TIP); and
WHEREAS, MTC is the MPO and RTPA for the nine counties of the San Francisco Bay region; and
WHEREAS,MTC has adopted a Regional Project Funding Delivery Policy (MTC Resolution No.3606,
revised) that sets out procedures governing the application and use of Regional Discretionary Funding; and
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File #:17-1028 Agenda Date:10/25/2017
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WHEREAS, the Applicant is an eligible sponsor for Regional Discretionary Funding; and
WHEREAS,as part of the application for Regional Discretionary Funding,MTC requires a resolution adopted
by the responsible implementing agency stating the following:
•The commitment of any required matching funds;
•That the sponsor understands that the Regional Discretionary Funding is fixed at the programmed
amount,and therefore any cost increase cannot be expected to be funded with additional Regional
Discretionary Funding;
•That the Project will comply with the procedures,delivery milestones and funding deadlines specified
in the Regional Project Funding Delivery Policy (MTC Resolution No. 3606, revised);
•The assurance of the sponsor to complete the Project as described in the application,subject to
environmental clearance,and if approved,as included in MTC's federal Transportation Improvement
Program (TIP);
•That the Project will have adequate staffing resources to deliver and complete the Project within the
schedule submitted with the project application;
•That the Project will comply with all project-specific requirements as set forth in the Program;
•That the Applicant has assigned,and will maintain,a single point of contact for all FHWA-and CTC-
funded transportation projects to coordinate within the agency and with the respective Congestion
Management Agency (CMA),MTC,California Department of Transportation (Caltrans),FHWA,and
CTC on all communications,inquires or issues that may arise during the federal programming and
delivery process for all FHWA-and CTC-funded transportation and transit projects implemented by the
Applicant;
•In the case of a transit project,the Project will comply with MTC Resolution No.3866,revised,which
sets forth the requirements of MTC’s Transit Coordination Implementation Plan to more efficiently
deliver transit projects in the region;
•In the case of a highway project,the Project will comply with MTC Resolution No.4104,which sets
forth MTC’s Traffic Operations System (TOS)Policy to install and activate TOS elements on new
major freeway projects; and
•In the case of an RTIP project,state law requires the Project be included in a local congestion
management plan,or be consistent with the capital improvement program adopted pursuant to MTC’s
funding agreement with the countywide transportation agency; and
WHEREAS,that the Applicant is authorized to submit an application for Regional Discretionary Funding for
the Project; and
WHEREAS, there is no legal impediment to the Applicant making applications for the funds; and
WHEREAS,there is no pending or threatened litigation that might in any way adversely affect the proposed
Project, or the ability of the Applicant to deliver such a Project; and
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File #:17-1028 Agenda Date:10/25/2017
Version:1 Item #:16a.
WHEREAS,the Applicant authorizes its Executive Director,General Manager,or designee to execute and file
an application with MTC for Regional Discretionary Funding for the Project as referenced in this resolution;
and
WHEREAS,MTC requires that a copy of this resolution be transmitted to the MTC in conjunction with the
filing of the application.
NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of South San Francisco that the
Applicant is authorized to execute and file an application for funding for the Project for Regional Discretionary
Funding under the Federal Transportation Act or continued funding.
BE IT FUTHER RESOLVED that:
·The Applicant will provide any required matching funds.
·The Applicant understands that the Regional Discretionary Funding for the Project is fixed at the MTC
approved programmed amount,and that any cost increases must be funded by the Applicant from other
funds,and that the Applicant does not expect any cost increases to be funded with additional Regional
Discretionary.
·The Applicant understands the funding deadlines associated with these funds and will comply with the
provisions and requirements of the Regional Project Funding Delivery Policy (MTC Resolution No.
3606,revised)and Applicant has,and will retain the expertise,knowledge and resources necessary to
deliver federally-funded transportation and transit projects,and has assigned,and will maintain a single
point of contact for all FHWA-and CTC-funded transportation projects to coordinate within the agency
and with the respective Congestion Management Agency (CMA),MTC,Caltrans,FHWA,and CTC on
all communications,inquires or issues that may arise during the federal programming and delivery
process for all FHWA-and CTC-funded transportation and transit projects implemented by the
Applicant.
·The Project will be implemented as described in the complete application and in this resolution,subject
to environmental clearance,and,if approved,for the amount approved by MTC and programmed in the
federal TIP.
·The Applicant has reviewed the Project and has adequate staffing resources to deliver and complete the
Project within the schedule submitted with the project application.
·The Project will comply with the requirements as set forth in MTC programming guidelines and project
selection procedures for the Program.
·In the case of a transit project,the Applicant agrees to comply with the requirements of MTC’s Transit
Coordination Implementation Plan as set forth in MTC Resolution No. 3866, revised.
·In the case of a highway project,the Applicant agrees to comply with the requirements of MTC’s Traffic
Operations System (TOS) Policy as set forth in MTC Resolution No. 4104.
·In the case of an RTIP project,the Project is included in a local congestion management plan,or is
consistent with the capital improvement program adopted pursuant to MTC’s funding agreement with
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File #:17-1028 Agenda Date:10/25/2017
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the countywide transportation agency.
·The Applicant is an eligible sponsor of Regional Discretionary Funding projects.
BE IT FUTHER RESOLVED that the Applicant is authorized to submit an application for Regional
Discretionary Funding for the Project.
BE IT FUTHER RESOLVED that there is no legal impediment to the Applicant making applications for the
funds.
BE IT FUTHER RESOLVED that there is no pending or threatened litigation that might in any way adversely
affect the proposed Project, or the ability of the Applicant to deliver such a Project.
BE IT FUTHER RESOLVED that the Applicant authorizes its City Manager,or designee,to execute and file an
application with MTC for Regional Discretionary Funding for the Project as referenced in this resolution.
BE IT FUTHER RESOLVED that a copy of this resolution will be transmitted to the MTC in conjunction with
the filing of the application.
BE IT FUTHER RESOLVED that the MTC is requested to support the application for the Project described in
the resolution,and if approved,to include the Project in MTC's federal TIP upon submittal by the project
sponsor for TIP programming.
*****
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