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HomeMy WebLinkAbout2018-12-12 e-packet@7:00Wednesday, December 12, 2018 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 December 12, 2018City 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. PLEASE SILENCE CELL PHONES AND PAGERS HEARING ASSISTANCE EQUIPMENT AVAILABLE FOR USE BY THE HEARING IMPAIRED AT CITY COUNCIL MEETINGS In accordance with California Government Code Section 54957.5, any writing or document that is a public record, relates to an open session agenda item, and is distributed less than 72 hours prior to a regular meeting will be made available for public inspection in the City Clerk’s Office located at City Hall. If, however, the document or writing is not distributed until the regular meeting to which it relates, then the document or writing will be made available to the public at the location of the meeting, as listed on this agenda. The address of City Hall is 400 Grand Avenue, South San Francisco, California 94080. Page 2 City of South San Francisco Printed on 1/17/2019 December 12, 2018City Council Regular Meeting Agenda CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE AGENDA REVIEW ANNOUNCEMENTS FROM STAFF PRESENTATIONS PUBLIC COMMENTS COUNCIL COMMENTS/REQUESTS ADMINISTRATIVE BUSINESS Report regarding a resolution authorizing the City of South San Francisco to become a pilot City for the implementation of pilot project for the DAHLIA Housing database system for San Mateo County, and project scoping workshops for proposed San Mateo County DAHLIA functionality. (Leslie Arroyo, Communications Director) 1. A resolution approving a MOU with the County of San Mateo to support the implementation of a pilot project for the DAHLIA housing database system for the County of San Mateo and the City of South San Francisco, and authorizing the City Manager, or his designee, to execute the MOU. 1a. Presentation providing a market update and review of the City’s investment portfolio (Jayson Schmitt and Jeff Probst, Chandler Asset Management) 2. Report regarding a resolution amending the City of South San Francisco’s Salary Schedule, effective December 28, 2018, amending job titles and councilmembers’ salary, adjusting the salary schedule for Payroll Administrator, establishing the new classification of Business Manager; and amending Appendix 4 of the City Council Handbook, Summary of Elected Officials Benefits. (Leah Lockhart, Human Resources Director) 3. Resolution amending the City’s Salary Schedule, effective December 28, 2018, amending job titles and councilmembers’ salary, adjusting the salary schedule for the Payroll Administrator, establishing the classification of Business Manager; and amending Appendix 4 of the City Council Handbook, Summary of Elected Officials Benefits. 3a. Page 3 City of South San Francisco Printed on 1/17/2019 December 12, 2018City Council Regular Meeting Agenda Report regarding a resolution approving a consulting services agreement with Bellecci & Associates of Pleasanton, California for design and construction support services for the Mission Road Underground Utilities District (Project No. st1904) in an amount not to exceed $327,416, authorizing the City Manager to execute the agreement, and authorizing a budget of $360,158. (Matthew Ruble, Senior Engineer and Kathleen Phalen, Swinerton) 4. Resolution approving a consulting services agreement with Bellecci & Associates of Pleasanton, California for design and construction support services for the Mission Road Underground Utilities District (Project No. st1904) in an amount not to exceed $327,416, authorizing the City Manager to execute the agreement, and authorizing a budget of $360,158. 4a. Report regarding a resolution approving a consulting services agreement with EKI Environment & Water, Inc. of Burlingame, California for design and construction support services for the WQCP Plant-Wide Coating and Corrosion Protection Project (Project No. ss1307) in an amount not to exceed $659,600, authorizing the City Manager to execute the agreement, and authorizing a total budget of $758,540. (Richard Cho, Principal. Civil Engineer and Peter Vorametsanti, Swinerton Management & Consulting) 5. Resolution approving a consulting services agreement with EKI Environment & Water, Inc. of Burlingame, California for the Water Quality Control Plant, Plant-Wide Coating and Corrosion Protection Project (Project No. ss1307) in an amount not to exceed $659,600, authorizing the City Manager to execute the agreement, and authorizing a total budget of $758,540. 5a. Report regarding a resolution authorizing the acceptance of $170,000 in grant funding from the Silicon Valley Community Foundation for the fourth year of the Big Lift Little Steps Preschool at the Community Learning Center, and amending the Parks and Recreation Department’s Fiscal Year 2018-19 Operating Budget pursuant to budget amendment #19.032. (Sharon Ranals, Director of Parks and Recreation) 6. Resolution authorizing the acceptance of $170,000 in grant funding from the Silicon Valley Community Foundation for the fourth year of the Big Lift Little Steps Preschool at the Community Learning Center, and amending the Parks and Recreation Department’s Fiscal Year 2018-19 Operating Budget pursuant to budget amendment #19.032. 6a. Page 4 City of South San Francisco Printed on 1/17/2019 December 12, 2018City Council Regular Meeting Agenda Report regarding a resolution approving and authorizing the City Manager to execute the Installment Sale Agreement No. SWRCB0000000000D180100400 with the California State Water Resources Control Board in an amount of $53,403,000 for financing the construction costs of the Wet Weather and Digester Improvements Project (CIP Project No. ss1301) and approving budget amendment 19.029 to amend the fiscal year 2018-19 Capital Improvement Project budget. (Justin Lovell, Public Works Administrator) 7. Resolution approving and authorizing the City Manager to execute the Installment Sale Agreement No. SWRCB0000000000D180100400 with the California State Water Resources Control Board in an amount of $53,403,000 for financing the construction costs of the Wet Weather and Digester Improvements Project (CIP Project No. ss1301), and approving budget amendment 19.029 to amending the fiscal year 2018-19 Capital Improvement Project budget. 7a. A report regarding a resolution approving a Declaration of Shelter Crisis pursuant to the California Homeless Emergency Aid Program pursuant to SB 850 and the 2018-2019 Budget Act (Chapter 48, Statutes of 2018). (Eliza Manchester, Special Projects Manager) 8. Resolution approving a Declaration of Shelter Crisis pursuant to the California Homeless Emergency Aid Program authorized by SB 850 and the 2018-2019 Budget Act (Chapter 48, Statutes of 2018). 8a. Report regarding a resolution authorizing the acceptance of a $50,000 donation from Genentech, Inc. towards the installation of a “Birthplace of Biotechnology” sign in the median at Oyster Point Boulevard and Veterans Boulevard and amending the Public Works Department Fiscal Year 2018-19 Operating Budget pursuant to budget amendment #19.033. (Eunejune Kim, Director of Public Works/City Engineer) 9. Resolution authorizing the acceptance of a $50,000 donation from Genentech, Inc. towards the installation of a “Birthplace of Biotechnology” sign in the median at Oyster Point Boulevard and Veterans Boulevard and amending the Public Works Department Fiscal Year 2018-19 Operating Budget pursuant to budget amendment #19.033. 9a. CONSENT CALENDAR Motion to approve the Minutes for the meetings of September 26, 2018 and November 28, 2018. 10. Motion confirming payment registers for December 12, 2018. (Richard Lee, Director of Finance) 11. Page 5 City of South San Francisco Printed on 1/17/2019 December 12, 2018City Council Regular Meeting Agenda Report regarding a resolution authorizing the acceptance of $8,800 in grant funding from the United Way of the Bay Area to support the Volunteer Income Tax Assistance Program at Project Read and approving Budget Amendment 19.031. (Valerie Sommer, Library Director) 12. Resolution authorizing the acceptance of $8,800 in grant funding from the United Way of the Bay Area to support the Volunteer Income Tax Assistance Program at Project Read and approving Budget Amendment 19.031. 12a. Report regarding an ordinance amending South San Francisco Municipal Code Chapter 8.50 to prohibit retaliation against individuals who report violations of the City’s smoking ordinance. (Fire Chief, Jess Magallanes) 13. An ordinance amending South San Francisco Municipal Code Chapter 8.50 to prohibit retaliation against individuals who report violations of the City’s smoking ordinance. 13a. Report regarding an Ordinance adopting a Development Agreement Amendment with Miller Cypress SSF, LLC for the development of a seven- to eight-story multi-family residential project with 195 units at 405 Cypress Avenue, 204, 208, 212/214, and 216 Miller Avenue (“Cadence Phase 2”) (Adena Friedman, Senior Planner) 14. Ordinance adopting a Development Agreement Amendment with Miller Cypress SSF, LLC for the development of a seven- to eight-story multi-family residential project with 195 units at 405 Cypress Avenue, 204, 208, 212/214, and 216 Miller Avenue (“Cadence Phase 2”). 14a. ITEMS FROM COUNCIL – COMMITTEE REPORTS AND ANNOUNCEMENTS City Selection Committee Appointments.15. ADJOURNMENT Page 6 City of South San Francisco Printed on 1/17/2019 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:18-1068 Agenda Date:12/12/2018 Version:1 Item #:1. Report regarding a resolution authorizing the City of South San Francisco to become a pilot City for the implementation of pilot project for the DAHLIA Housing database system for San Mateo County,and project scoping workshops for proposed San Mateo County DAHLIA functionality.(Leslie Arroyo,Communications Director) RECOMMENDATION It is recommended that the City Council adopt a resolution authorizing the City of South San Francisco to become a pilot City for the implementation of pilot project for the DAHLIA Housing database system for San Mateo County,and project scoping workshops for proposed San Mateo County DAHLIA functionality. BACKGROUND In the Bay Area,there is a heightened awareness of the need for increased affordable housing.The lack of accommodations and resources to place qualified applicants results in several detrimental effects to the county. First,high costs push families farther away from their place of work thereby forcing them into longer commutes.Second,as the number of commuters increase,it poses problems for county transportation infrastructure.Providing access and tools to locate affordable housing is a key goal of the City of South San Francisco and the County of San Mateo. In 2017,the City &County of San Francisco implemented an online housing database system called DAHLIA. The City of San Francisco partnered with Exygy,Inc.to design an intuitive,transparent online experience to find and apply for affordable housing.The DAHLIA San Francisco Housing Portal reimagines the process of searching and applying for housing,making it easier for low to middle-income residents to rent below market rate units in San Francisco.Exygy,Inc.created an online application process that previously did not exist,this reduced the application duration time from several days to minutes and increased the digital adoption rate. Prior to San Francisco adopting the DAHLIA portal,applicants were unable to find a central source of affordable housing listings and application information.The paper applications for each listing were inconsistent and lengthy,requiring pages of supporting documentation.Applicants were required to pick up and drop off applications in person,often facing long lines on days that had critical deadlines.Applicants were unable to check their eligibility for a listing,resulting in time wasted on applications that once did not meet the eligibility requirements due to the applicant not being qualified.Applicants were also left with little information on the post-application selection process.Overall,a lack of comprehensive applicant data,applicant housing needs,and opaque processes made it harder for the city to make informed policy and program decisions to improve the housing experience. In San Francisco,applicants now arrive at DAHLIA's homepage and immediately see a comprehensive list of City of South San Francisco Printed on 12/6/2018Page 1 of 3 powered by Legistar™ File #:18-1068 Agenda Date:12/12/2018 Version:1 Item #:1. available units with application instructions. The County of San Mateo and its partner cities face similar challenges in providing timely housing information to qualified applicants. DISCUSSION The San Mateo County DAHLIA project will have Phase 1A (Kick-off and support the stakeholder facilitation process)and Phase 1B (Launch the “Alpha”version of an Affordable Housing Listings and Application Portal). The first phase is the implementation of pilot project to replicate the City &County of San Francisco DAHLIA housing database website with County of San Mateo specific data.Phase one will also include workshops and meetings with County stakeholders such as County leaders,City partners,public interest groups,developers, and property managers.These workshops will result in a future vision and expanded scope of work to be presented the following year (Phase 2). Timeline Deliverables January 2019 User interviews, planning and training for meeting cycle, platform copy is created for San Mateo County February 2019 - April 2019 User interviews, common-application workshop, application requirements document, user tests, launch the site with listings April 2019 - June 2019 Meeting cycle completed, addition of new listings through month six, Phase 2 roadmap and scope of work The selection of Exygy,Inc.by the City &County of San Francisco was the result of San Francisco’s Metropolitan Transportation Commission (MTC)Request for Qualifications process.The County and its partner cities would realize cost savings by leveraging the existing design and development work that was created for San Francisco. Approval of this resolution contributes to the shared vision of the City of South San Francisco and the County of San Mateo by establishing an online database to assist City of South San Francisco and County users to find affordable housing solutions.The City of South San Francisco’s Economic and Community Development - Housing department,along with the IT department,will work with the County to implement this program, which will eventually be replicated with other pilot cities in San Mateo County. FISCAL IMPACT There is no fiscal impact to the pilot cities.The $350,000 agreement between San Mateo County and Exygy, Inc.was approved and funded by the San Mateo County Board of Supervisors on November 13,2018.The term of the agreement is from November 13,2018 through June 30,2019.It is possible that this project will result in a recommended expanded scope for additional phases,which would be presented to the Council for consideration as part of the FY 2019-21 budget process. CONCLUSION It is recommended that the City Council adopt a resolution authorizing the City of South San Francisco to be City of South San Francisco Printed on 12/6/2018Page 2 of 3 powered by Legistar™ File #:18-1068 Agenda Date:12/12/2018 Version:1 Item #:1. It is recommended that the City Council adopt a resolution authorizing the City of South San Francisco to be the pilot City for the implementation of the pilot project for the DAHLIA Housing database system for San Mateo County,and project scoping workshops for proposed San Mateo County DAHLIA functionality. Working in conjunction with the rest of the county will display commitment to providing our residents with access to finding affordable housing in South San Francisco and throughout the County. City of South San Francisco Printed on 12/6/2018Page 3 of 3 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:18-1098 Agenda Date:12/12/2018 Version:1 Item #:1a. A resolution approving a MOU with the County of San Mateo to support the implementation of a pilot project for the DAHLIA housing database system for the County of San Mateo and the City of South San Francisco, and authorizing the City Manager, or his designee, to execute the MOU. WHEREAS,the County of San Mateo and City of South San Francisco wish to implement a pilot project for an online Affordable Housing Listings and Application Portal to reduce the amount of time it takes for applicants to apply for affordable housing; and WHEREAS,in November 2016,the Metropolitan Transportation Commission (MTC)in San Francisco released a solicitation in the form of a Request for Qualifications (RFQ)which resulted in an agreement with Exygy,Inc.for professional services to build the online housing listing and application of the DAHLIA database system; WHEREAS,because of the successful implementation of the DAHLIA database system,in September 2018, the MTC extended its agreement with Exygy for ongoing support and additional design and development activities; and WHEREAS,the City wishes to enter into an agreement with the County of San Mateo to serve as the pilot City to develop the existing model of DAHLIA that was created for San Francisco for the County of San Mateo. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby approves a Memorandum of Understanding (MOU)with the County of San Mateo,a draft of which is attached hereto as Exhibit A,to participate as the pilot City with the County to incorporate the DAHLIA database system. BE IT FURTHER RESOLVED that the City Council hereby authorizes the City Manager,or his designee,to execute the the MOU with the County of San Mateo,and to execute any other necessary documents and take any other actions necessary to carry out the intent of this resolution on behalf of the City Council,subject to approval as to form by the City Attorney. ***** City of South San Francisco Printed on 1/17/2019Page 1 of 2 powered by Legistar™ File #:18-1098 Agenda Date:12/12/2018 Version:1 Item #:1a. City of South San Francisco Printed on 1/17/2019Page 2 of 2 powered by Legistar™ 1 SSF_CSM_MOU_102418 MEMORANDUM OF UNDERSTANDING Between the CITY OF SOUTH SAN FRANCISCO, And SAN MATEO COUNTY (AFFORDABLE HOUSING APPLICATION VIA EXYGY) This Memorandum of Understanding (“MOU”), is made and entered into this ___ day of _____, 2018 by and between the City of South San Francisco (“City”), municipal corporation of the State of California, and the County of San Mateo (“County”), (collectively referred to as “PARTIES”). 1.Purpose.The purpose of this MOU is to establish the terms and conditions for the deployment of a pilot project that will lead to the creation of a county-wide Affordable Housing Listings and Application Portal designed to make it easier for residents to find and apply for affordable housing. 2.Term of MOU and Termination.This MOU is effective upon the day and date last signed and executed by the duly authorized representatives of the PARTIES to this MOU and the governing bodies of the PARTIES’ respective jurisdictions and shall remain in full force and effect until the completion of the implementation. This MOU may be terminated, without cause, by any of the PARTIES upon 30 days written notice to all the PARTIES. This MOU is effective through Phase One of this project, which is anticipated to be completed and implemented by June 30, 2019. 3. Authorizations.The City Manager of the City of South San Francisco is authorized to approve extensions to the term of this MOU, to modify due dates, to resolve conflicts, or otherwise grant approvals on behalf of the City, provided such approvals are not vested in the authority of the City Council. The CIO of the County of San Mateo, serving as the County Board of Supervisors’ designee, is authorized to approve the extension of the term of this MOU, to modify due dates, to resolve conflicts, or otherwise grant approvals on behalf of the County, provided that any approval requiring payment of funds in excess of appropriated funds requires the County Board of Supervisors’ approval of the appropriation of those funds. 4.Payment.The County of San Mateo will provide up to $350,000 dollars for the development of a third-party application that will support the affordable housing online project. These monies are designated for development costs and the County will not provide financial funding to the City of South San Francisco. 5.Responsibilities of the PARTIES. The County will serve as the contracting agency for the third-party Application vendor (Exygy). The County will manage the vendor, 2 SSF_CSM_MOU_102418 handling official communications about development and implementation and will pay the vendor for work performed. The City has agreed to be a “partner city” in this effort and will provide and dedicate staff resources to help implement the pilot project by provisioning available affordable housing within said City. There is no fiscal responsibility of the City in Phase One of the project. 6.General Provisions A.Indemnification.Pursuant to Government Code Section 895.4, each party agrees to fully indemnify, defend, and hold the other parties (including appointed and elected officials, officers, employees, and agents) harmless from any damage or liability imposed for injury (as defined by Government Code section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying parties, appointed or elected officials, officers, employees, or agents, under or in connection with any work, authority, or jurisdiction delegated to such parties under this MOU. No party, nor any appointed or elected official, officer or employee, or agent thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of the other parties hereto, appointed or elected officials, officers, employees, or agents, under or in connection, with any work, authority, or jurisdiction delegated to such other party under this MOU. B.Amendments.PARTIES may request changes to this MOU. Any changes, modifications, revisions or amendments to this MOU which are mutually agreed upon by and between the PARTIES to this MOU shall be incorporated by written instrument, and effective when executed and signed by all PARTIES to this MOU. C.Severability.If any provision of this MOU shall be held to be invalid, void, or unenforceable, the validity, legality, or enforceability of the remaining portions hereof shall not in any way be affected or impaired thereby. D.Applicable Law.The construction, interpretation and enforcement of this MOU shall be governed by the laws of the State of California. The courts of the State of California shall have jurisdiction over any action arising out of this MOU and over the PARTIES. E.Notices.Any and all notices required to be given hereunder shall be deemed to have been delivered upon deposit in the United States mail, postage prepaid, addressed to either of the PARTIES at the following address or such other address as is provided by either party in writing: 3 SSF_CSM_MOU_102418 To City of South San Francisco: City of South San Francisco P.O. Box 711 South San Francisco, CA 94083 Attention: City Manager To County: County of San Mateo 455 County Center, 3th Floor Redwood City, CA 94063 Attn: Jon Walton F.Entirety of Agreement.This MOU, consisting of 5 pages and represents the entire and complete MOU between the PARTIES and supersedes any prior negotiations, representations and agreements, whether written or oral. G. Debt Limitation.The City and County are subject to laws or policies which limit their ability to incur debt in future years. Nothing in this MOU shall constitute an obligation of future legislative bodies of the City or County to appropriate funds purpose of this MOU. H. Conflict of Interest.The City and the County shall avoid all conflicts of interest in the performance of this MOA and shall immediately notify the other should a conflict of interest arise that would prohibit or impair the PARTIES’ ability to perform under this MOU. J.Disputes.The City and County agree that, with regard to all disputes or disagreements arising under this MOU that are not resolved informally at the staff level after a good faith attempt by all PARTIES, the PARTIES may, at their sole and mutual discretion, agree to engage in mediation. The costs of the mediation shall be divided equally between the PARTIES, unless otherwise agreed. K.Non-Discrimination.Neither the City nor County will discriminate, in any way, against any person on the basis of race, sex, color, age, religion, sexual orientation, actual or perceived gender identification, disability, ethnicity, or national origin, in connection with or related to the performance of the MOU. 4 SSF_CSM_MOU_102418 6.Signatures.In witness whereof, the PARTIES to this MOU through their duly authorized representatives have executed this MOU on the days and dates set out below, and certify that they have read, understood, and agreed to the terms and conditions of this MOU as set forth herein. The effective date of this MOU is the date of the signature last affixed to this page. [SIGNATURES ON FOLLOWING PAGE] 5 SSF_CSM_MOU_102418 IN WITNESS WHEREOF, the PARTIES hereto, by their duly authorized representatives, have executed this Memorandum of Agreement. “City” City of South San Francisco, a California Municipal Corporation By: ______________ Name: Mike Futrell Date Title: City Manager “County” CIO acting as the administrator of the County of San Mateo By: ______________ Name: Jon Walton Title: County of San Mateo CIO Date cc: Ken Cole, County of San Mateo -Department of Housing City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:18-1008 Agenda Date:12/12/2018 Version:1 Item #:2. Presentation providing a market update and review of the City’s investment portfolio (Jayson Schmitt and Jeff Probst, Chandler Asset Management) City of South San Francisco Printed on 12/6/2018Page 1 of 1 powered by Legistar™ CHANDLER ASSET MANAGEMENT | 800.317.4747 | chandlerasset.com | info@chandlerasset.com Jayson Schmitt, CFA Executive Vice President, Portfolio Manager Jeff Probst, CFA Vice President, Portfolio Manager City of South San Francisco City Council Meeting December 12, 2018 Chandler Asset Management | 1 Economic Overview Source: US Department of Labor Source: US Department of Commerce 0.0% 0.5% 1.0% 1.5% 2.0% 2.5% 3.0% 3.5% Consumer Price Index (CPI) CPI YOY % Change Core CPI YOY % ChangeYOY( %) Change-2.0% -1.0% 0.0% 1.0% 2.0% 3.0% 4.0% 5.0% 6.0% Gross Domestic Product (GDP) GDP QOQ % Change GDP YOY % Change Key Risks to Fixed Investment Markets Tariffs, global trade tension Global economic slowdown The path of future interest rate increases and balance sheet reduction by the Federal Reserve Chandler Asset Management | 2 Yield Curve Movements 0.50% 1.00% 1.50% 2.00% 2.50% 3.00% 3.50% 4.00% October 30, 2017 October 30, 2018 1.00% 1.50% 2.00% 2.50% 3.00% 3.50% 4.00% Inversion 2 October 30, 2018 Inversion 1 Interest rates increased significantly on a year over year basis Yield curve bear flattened as interest rates on shorter maturity securities increased more than longer maturities Yield curve inversions can manifest in several forms Entire yield curve inversion or a portion of the yield curve After inversion, interest rates tend to fallInterest RatesInterest RatesSource: Bloomberg. Inversion movements are hypothetical scenarios.For illustrative purposes only; Please see additional disclosures at the end of this presentation. Source: Bloomberg Chandler Asset Management | 3 Federal Reserve Federal Open Markets Committee 2019 Members Jerome Powell Chair, Board of Governors Moderate Richard Clarida Vice Chair, Board of Governors Moderate Lael Brainard Board of Governors Moderate Randal Quarles Board of Governors Moderate Michelle Bowman Board of Governors Moderate Vacant (Marvin Goodfriend*) Board of Governors Vacant (Nellie Liang**) Board of Governors John Williams Vice Chair, New York Moderate Hawk Charles Evans Chicago Hawk Eric Rosengren Boston Hawk James Bullard St. Louis Dove Ester George Kansas City Moderate Federal Open Markets Committee Alternate Members Loretta Mester Cleveland Patrick Harker Philadelphia Robert Kaplan Dallas Neel Kashkari Minneapolis Michael Strine First Vice President, New York *Nominated by President Trump and approved by the Senate Banking Committee but not yet confirmed by the Senate. **Nominated by President Trump but not yet approved or confirmed by the Senate. Source:Federal Reserve and US Department of Commerce.Please see disclosures at the end of this presentation. Federal Open Market Committee (FOMC) will continue to have a slightly hawkish stance in 2019 •Hawk-More likely to advocate for tighter monetary policy and higher interest rates •Dove-More likely to advocate for easier monetary policy and lower interest rates FOMC members continue to analyze incoming data and adjust their forecasts Likely will see additional rate hikes but timing and amount are debatable Chandler Asset Management | 4 The Impact of Interest Rate Changes on the City of South San Francisco’s Portfolio The City’s portfolio has benefited from rising interest rates as reinvestments are likely to have higher yields. Portfolio purchase yield increased approximately 40 basis points over the past twelve months. Rising and falling interest rates do no have an immediate impact on the City’s purchase yield. Source: City of South San Francisco investment portfolio data; Bloomberg. Future interest rate paths are hypothetical scenarios. 2.75 2.76 2.82 2.89 1.50 1.70 1.90 2.10 2.30 2.50 2.70 2.90 10/201711/201712/20171/20182/20183/20184/20185/20186/20187/20188/20189/201810/201811/201812/20181/20192/20193/20194/20195/20196/20197/20198/20199/201910/201911/201912/2019Potential Paths of Purchase Yield Fed Funds Rate Low Rate Path Base Path High Rate Path Chandler Asset Management | 5 1/31/2013 12/31/2015 12/31/2016 12/31/2017 3/31/2018 6/30/2018 9/30/2018 12/31/2018 3/31/2019 6/30/2019 9/30/2019 12/31/2019 Monthly Income-Low -------182,945 194,397 205,961 217,591 229,241 Monthly Income 115,374 109,748 126,803 148,693 158,343 160,982 174,628 183,448 195,505 208,180 221,473 235,386 Monthly Income-High -------183,139 195,799 209,585 224,542 240,717 Historical and Future Projections of Income The Impact of Interest Rate Changes on the City of South San Francisco’s Portfolio Source: City of South San Francisco investment portfolio data. Future monthly income paths are hypothetical scenarios. $229,599.73 $235,385.82 $241,171.92 $140,000.00 $160,000.00 $180,000.00 $200,000.00 $220,000.00 $240,000.00 Potential Future Paths of Monthly Income Low Income Path Base Income Path High Income Path Chandler Asset Management | 6 -0.50% 0.00% 0.50% 1.00% 1.50% 2.00% 12 months 2 years 3 years 5 years 10 years Since Inception So San Francisco Mid-Term (Chandler) Portfolio ICE BAML 1-5 Yr US Treasury/Agency Index So San Francisco Mid-Term (Chandler) Portfolio Total Rate of Return Annualized Since Inception 03/31/2009 As of October 31, 2018 Annualized TOTAL RATE OF RETURN 3 months 12 months 2 years 3 years 5 years 10 years Since Inception So San Francisco Mid-Term (Chandler) Portfolio 0.29%-0.08%0.28%0.78%0.96%N/A 1.49% ICE BAML 1-5 Yr US Treasury/Agency Index 0.28%-0.33%-0.14%0.42%0.71%N/A 1.26% Total rate of return:A measure of a portfolio’s performance over time.It is the internal rate of return,which equates the beginning value of the portfolio with the ending value;it includes interest earnings,realized and unrealized gains and losses in the portfolio. Investment Performance Chandler Asset Management | 7 Disclosures 2018 Chandler Asset Management,Inc,An Independent Registered Investment Adviser. Information contained herein is confidential.Prices are provided by IDC,an independent pricing source.In the event IDC does not provide a price or if the price provided is not reflective of fair market value,Chandler will obtain pricing from an alternative approved third party pricing source in accordance with our written valuation policy and procedures.Our valuation procedures are also disclosed in Item 5 of our Form ADV Part 2A. Performance results are presented gross-of-advisory fees and represent the client’s Total Return.The deduction of advisory fees lowers performance results.These results include the reinvestment of dividends and other earnings.Past performance may not be indicative of future results.Therefore,clients should not assume that future performance of any specific investment or investment strategy will be profitable or equal to past performance levels.All investment strategies have the potential for profit or loss.Economic factors,market conditions or changes in investment strategies,contributions or withdrawals may materially alter the performance and results of your portfolio. Index returns assume reinvestment of all distributions.Historical performance results for investment indexes generally do not reflect the deduction of transaction and/or custodial charges or the deduction of an investment management fee,the incurrence of which would have the effect of decreasing historical performance results.It is not possible to invest directly in an index. Source ice Data Indices,LLC ("ICE"),used with permission.ICE permits use of the ICE indices and related data on an "as is"basis;ICE,its affiliates and their respective third party suppliers disclaim any and all warranties and representations,express and/or implied,including any warranties of merchantability or fitness for a particular purpose or use,including the indices,index data and any data included in,related to,or derived therefrom.Neither ICE data,its affiliates or their respective third party providers guarantee the quality, adequacy,accuracy,timeliness or completeness of the indices or the index data or any component thereof,and the indices and index data and all components thereof are provided on an "as is"basis and licensee's use it at licensee's own risk.ICE data,its affiliates and their respective third party do not sponsor,endorse,or recommend chandler asset management, or any of its products or services. This report is provided for informational purposes only and should not be construed as a specific investment or legal advice.The information contained herein was obtained from sources believed to be reliable as of the date of publication,but may become outdated or superseded at any time without notice.Any opinions or views expressed are based on current market conditions and are subject to change.This report may contain forecasts and forward-looking statements which are inherently limited and should not be relied upon as indicator of future results.Past performance is not indicative of future results.This report is not intended to constitute an offer,solicitation,recommendation or advice regarding any securities or investment strategy and should not be regarded by recipients as a substitute for the exercise of their own judgment. Fixed income investments are subject to interest,credit and market risk.Interest rate risk:the value of fixed income investments will decline as interest rates rise.Credit risk:the possibility that the borrower may not be able to repay interest and principal.Low rated bonds generally have to pay higher interest rates to attract investors willing to take on greater risk.Market risk:the bond market in general could decline due to economic conditions,especially during periods of rising interest rates. ICE BAML 1-5 Yr US Treasury/Agency Index The ICE BAML 1-5 Year US Treasury &Agency Index tracks the performance of US dollar denominated US Treasury and nonsubordinated US agency debt issued in the US domestic market.Qualifying securities must have an investment grade rating (based on an average of Moody’s,S&P and Fitch).Qualifying securities must have at least one year remaining term to final maturity and less than five years remaining term to final maturity,at least 18 months to maturity at time of issuance,a fixed coupon schedule and a minimum amount outstanding of $1 billion for sovereigns and $250 million for agencies.(Index:GVA0.Please visit www.mlindex.ml.com for more information) City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:18-1087 Agenda Date:12/12/2018 Version:1 Item #:3. Report regarding a resolution amending the City of South San Francisco’s Salary Schedule,effective December 28,2018,amending job titles and councilmembers’salary,adjusting the salary schedule for Payroll Administrator,establishing the new classification of Business Manager;and amending Appendix 4 of the City Council Handbook, Summary of Elected Officials Benefits.(Leah Lockhart, Human Resources Director) RECOMMENDATION It is recommended that the City Council of the City of South San Francisco adopt a resolution amending the City’s Salary Schedule effective December 28,2018,amending job titles and councilmembers’salary, adjusting the salary schedule for the Payroll Administrator,establishing the new classification of Business Manager;and amending Appendix 4 of the City Council Handbook,Summary of Elected Officials Benefits. BACKGROUND/DISCUSSION The City Council adopted the Fiscal Year (FY)2018-19 Operating Budget for the City of South San Francisco and its salary schedules on June 27,2018 (Resolution 97-2018).Four changes to the salary schedules are recommended, and are included in the amended Salary Schedule (Attachment A). Per the City’s Personnel Rules and Regulations Rule 4.01.Personnel Officer Responsibility,the personnel officer shall be responsible for the administration of the City’s Classification and Pay Plan.The personnel officer shall submit job descriptions for newly created and amended job classifications,reclassifications,or restructuring of existing positions to the City Manager for approval,and amendments to the Salary Schedule to the City Council for adoption.The following recommendations are a result of recent classification studies or organizational restructuring, requiring an amendment to the Salary Schedule. Information Technology Director Currently,the salary schedule includes a classification title of Chief Innovation Officer.No changes are recommended to the salary for this position,however,a title change to Information Technology Director is recommended.This change is consistent with titles recognized within the industry and appropriately reflects the duties and responsibilities of the position. Business Manager In the 2018-2019 budget,Council approved the inclusion of a Public Works Administrator position within Parks and Recreation.A separate job description was created and the title was changed from Public Works Administrator to Business Manager in order to specifically reflect the duties in Parks.The salary schedule for the Business Manager remains equivalent to Public Works Administrator. Payroll Administrator In early 2018,the Finance Department requested a staffing and classification study for positions within the Payroll Division,to ensure appropriate staffing levels and compensation in line with comparable agencies. Given the staffing transitions in Human Resources at that time,this study was not completed prior to the adoption of the 2018-2019.However,a placeholder was included to allow for possible salary adjustments if City of South San Francisco Printed on 12/6/2018Page 1 of 2 powered by Legistar™ File #:18-1087 Agenda Date:12/12/2018 Version:1 Item #:3. recommended by the study. Following the study,staff recommends a salary adjustment for the Payroll Administrator to align the salary schedule with that of the Financial Analyst II job classification,based on similar scope of responsibilities,level of independence,experience and education requirements.This adjustment would result in a 4.7%salary increase to the salary schedule for Payroll Administrator (i.e.,step 5 increase from $46.89 per hour to $49.09 per hour). Councilmember Salary and Summary of Elected Officials Benefits Council adopted Ordinance No.1536-2017 increasing councilmembers’salaries from $500 to $1,000 per month effective December 11,2018.The recommended amendment to the salary schedule includes this change in accordance with Ordinance 1536-2017. Further,staff recommends Council adopt the attached Summary of Elected Officials Benefits (Appendix C)to replace Appendix 4 Summary of Elected Officials Benefits in the City Council Handbook.Appendix 4 has been amended to reflect the new salary,as well as,administrative updates (Appendix B).These updates are clean-up items,such as the change in life insurance value to $50,000 which was approved by the City Council at the Regular Meeting on March 10, 2010. No new benefits are being added as a result of this update. FISCAL IMPACT There is no fiscal impact.Funding for these positions is included in the 2018-19 budget,including the councilmembers’ salary increase and the anticipated salary schedule adjustment for the Payroll Administrator. CONCLUSION Staff recommends the City Council adopt a resolution amending the City’s Salary Schedule effective December 28, 2018, amending job titles and councilmembers’ salary, adjusting the salary schedule for the Payroll Administrator; and amending Appendix 4 of the City Council Handbook, Summary of Elected Officials Benefits. City of South San Francisco Printed on 12/6/2018Page 2 of 2 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:18-1088 Agenda Date:12/12/2018 Version:1 Item #:3a. Resolution amending the City’s Salary Schedule,effective December 28,2018,amending job titles and councilmembers’salary,adjusting the salary schedule for the Payroll Administrator,establishing the classification of Business Manager;and amending Appendix 4 of the City Council Handbook,Summary of Elected Officials Benefits. WHEREAS,the Fiscal Year (FY)2018-19 Operating Budget for the City of South San Francisco and its salary schedules were adopted by the City Council on June 27, 2018; and WHEREAS,the City Manager approved the job title change from Chief Innovation Officer to Information Technology Director, staff recommends amending the salary schedule to reflect the job title change; and WHEREAS,the City Manager approved the establishment of the classification of Business Manager,with a salary equivalent to Public Works Administrator,and staff recommends amending the salary schedule to reflect this change; and WHEREAS,staff recommends adjusting the salary schedule increasing the pay rate for the Payroll Administrator from a top step of $46.89 to a top step of $49.09, a 4.7% salary increase. WHEREAS,Council adopted Ordinance No.1536-2017,increasing councilmembers’salaries effective December 11,2018,staff recommends amending the salary schedule to reflect the salary schedule change,this schedule incorporated herein as Exhibit A; and WHEREAS,Council adopted Ordinance No.1536-2017,increasing councilmembers’salaries effective December 11,2018,staff recommends amending and updating Appendix 4 of the City Council Handbook, Summary of Elected Officials Benefits herein as Exhibit C; and NOW,THEREFORE,BE IT RESOLVED that the City Council of the City of South San Francisco does hereby amend the salary schedules in the FY 2018-19 Operating Budget for the City of South San Francisco to reflect the title changes for the Information Technology Director and the Business Manager,councilmembers’salary, and the salary adjustment for the Payroll Administrator,attached herein as Exhibit A;and amends Appendix 4 of the City Council Handbook, Summary of Elected Officials Benefits, attached herein as Exhibit B. ***** City of South San Francisco Printed on 1/17/2019Page 1 of 1 powered by Legistar™ EXECUTIVE MANAGEMENT SALARY SCHEDULEDecember 12, 2018 Council MeetingPage 1 of 1 JOB TITLEJOB CODE EFFECTIVE DATE UNIT PAY RATE MINIMUM CONTROL POINTMAXIMUMACM / CHIEF SUSTAINABILITY OFFICERN10029-Jun-18 EXEC Hourly Rate 104.99115.49127.04ASSISTANT TO THE CITY MANAGERN18029-Jun-18 EXEC Hourly Rate61.1067.2173.93INFORMATION TECHNOLOGY DIRECTORN16528-Dec-18 EXEC Hourly Rate89.0397.93107.73CITY MANAGERN11511-Apr-18 EXEC Hourly Rate135.33COMMUNICATIONS DIRECTORN19029-Jun-18 EXEC Hourly Rate89.0397.93107.73ECONOMIC & COMMUNITY DEVELOPMENT DIRECTOR N14029-Jun-18 EXEC Hourly Rate91.01100.12110.13FINANCE DIRECTORN14529-Jun-18 EXEC Hourly Rate91.01100.12110.13FIRE CHIEFN15029-Jun-18 EXEC Hourly Rate 101.58111.73122.91HUMAN RESOURCES DIRECTORN13029-Jun-18 EXEC Hourly Rate89.0397.93107.73LIBRARY DIRECTORN11029-Jun-18 EXEC Hourly Rate89.0397.93107.73PARKS & RECREATION DIRECTORN17529-Jun-18 EXEC Hourly Rate89.1398.05107.85POLICE CHIEFN15529-Jun-18EXEC Hourly Rate 100.35110.39121.42PUBLIC WORKS DIRECTORN16029-Jun-18 EXEC Hourly Rate90.4299.47109.41Attachment A City of South San Francisco Salary ScheduleDecember 28, 2018December 12, 2018 Council MeetingJOB TITLEJOB CODE EFFECTIVE DATE UNITPAY RATE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8ACCOUNTANT IM100 29-Jun-2018 MID MGMT Hourly Rate36.73 38.56 40.49 42.51 44.64ACCOUNTANT IIM620 29-Jun-2018 MID MGMT Hourly Rate40.39 42.41 44.53 46.75 49.09ACCOUNTANT, SENIORM625 29-Jun-2018 MID MGMT Hourly Rate44.41 46.63 48.96 51.41 53.98ACCOUNTING ASSISTANT IA48029-Jun-2018 AFSCME Hourly Rate23.49 24.66 25.90 27.19 28.55ACCOUNTING ASSISTANT IIA22529-Jun-2018 AFSCME Hourly Rate25.81 27.10 28.46 29.88 31.37ACCOUNTING ASSISTANT II - HOURLYX10029-Jun-2018 HOURLY Hourly Rate25.81 27.10 28.46 29.88 31.37ADMINISTRATIVE ASSISTANT IO31529-Jun-2018 CONFID Hourly Rate28.6830.12 31.62 33.21 34.87ADMINISTRATIVE ASSISTANT I - HOURLYX11029-Jun-2018 HOURLY Hourly Rate28.68 30.12 31.62 33.21 34.87ADMINISTRATIVE ASSISTANT IIO31029-Jun-2018 CONFID Hourly Rate30.22 31.73 33.32 34.98 36.73ADMINISTRATIVE ASSISTANT II - HOURLYX13029-Jun-2018 HOURLY Hourly Rate30.22 31.73 33.32 34.98 36.73ADMINISTRATIVE ASSISTANT, SENIORO34029-Jun-2018 CONFID Hourly Rate31.73 33.32 34.99 36.74 38.57BUILDING INSPECTORA13529-Jun-2018 AFSCME Hourly Rate40.23 42.25 44.36 46.58 48.90BUILDING INSPECTOR - HOURLYX59529-Jun-2018 HOURLY Hourly Rate40.23 42.25 44.36 46.58 48.90BUILDING INSPECTOR, SENIORA40029-Jun-2018 AFSCME Hourly Rate43.9446.13 48.44 50.86 53.41BUILDING MAINTENANCE CRAFTSWORKERA46529-Jun-2018 AFSCME Hourly Rate31.08 32.64 34.27 35.98 37.78BUILDING MAINTENANCE CUSTODIANA14029-Jun-2018 AFSCME Hourly Rate22.82 23.96 25.16 26.42 27.74BUILDING MAINTENANCE CUSTODIAN - HOURLYX18529-Jun-2018 HOURLY Hourly Rate22.82 23.96 25.16 26.42 27.74BUILDING MAINTENANCE CUSTODIAN, LEADA19029-Jun-2018 AFSCME Hourly Rate28.90 30.34 31.86 33.45 35.12BUILDING MAINTENANCE CUSTODIAN, SENIORA32029-Jun-2018 AFSCME Hourly Rate25.13 26.39 27.71 29.10 30.55BUILDING OFFICIALM210 29-Jun-2018 MID MGMT Hourly Rate62.10 65.20 68.46 71.88 75.48BUILDING OFFICIAL, ASSISTANTM215 29-Jun-2018 MID MGMT Hourly Rate53.29 55.96 58.75 61.69 64.78BUILDING PLAN REVIEWERA69029-Jun-2018 AFSCME Hourly Rate42.14 44.25 46.46 48.78 51.22BUSINESS MANAGERM825 28-Dec-2018 MID MGMT Hourly Rate50.80 53.34 56.01 58.81 61.75CHILDCARE ASSISTANT SUPERVISORM800 29-Jun-2018 MID MGMT Hourly Rate31.20 32.76 34.40 36.12 37.92CITY CLERKE10001-JUL-2016 ELECTHourly Rate49.47 51.95 54.55 57.28 60.14CITY CLERK RECORDS TECHNICIANO41529-Jun-2018 CONFID Hourly Rate30.22 31.73 33.32 34.98 36.73CITY COUNCIL MEMBERE11011-Dec-2018 ELECTHourly Rate92.31CITY PLANNERM155 29-Jun-2018 MID MGMT Hourly Rate61.04 64.09 67.29 70.66 74.19CITY TREASURERE10529-Jun-2018 ELECTHourly Rate7.72CODE ENFORCEMENT OFFICERA14529-Jun-2018 AFSCME Hourly Rate34.45 36.17 37.98 39.88 41.87COMMUNICATIONS DISPATCHERA15029-Jun-2018 AFSCME Hourly Rate33.73 35.41 37.18 39.04 40.99COMMUNICATIONS DISPATCHER - HOURLYX44529-Jun-2018 HOURLY Hourly Rate43.59COMMUNICATIONS DISPATCHER, SUPERVISINGA36529-Jun-2018 AFSCME Hourly Rate39.78 41.77 43.86 46.06 48.36COMMUNITY DEVELOPMENT COORDINATORM725 29-Jun-2018 MID MGMT Hourly Rate39.58 41.56 43.64 45.82 48.11COMMUNITY DEVELOPMENT SPECIALISTA66029-Jun-2018 AFSCME Hourly Rate37.73 39.62 41.60 43.68 45.87COMMUNITY SERVICES SITE COORDINATORA64029-Jun-2018 AFSCME Hourly Rate22.86 24.01 25.21 26.47 27.79COMMUNITY SERVICES SITE COORDINATOR - HOURLY X66029-Jun-2018 HOURLY Hourly Rate22.86 24.01 25.21 26.47 27.79COMPUTER SERVICES TECHNICIANO52529-Jun-2018 CONFID Hourly Rate38.49 40.41 42.43 44.55 46.78Page 1 of 6 City of South San Francisco Salary ScheduleDecember 28, 2018December 12, 2018 Council MeetingJOB TITLE JOB CODE EFFECTIVE DATE UNIT PAY RATE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8COMPUTER SERVICES TECHNICIAN, SENIOR O530 29-Jun-2018 CONFID Hourly Rate 40.42 42.44 44.56 46.79 49.13CONSULTANT - HOURLY X570 28-Dec-2018 HOURLY Hourly Rate 12.00 135.00CRIME ANALYST C210 29-Jun-2018 PO NONSWORN Hourly Rate 40.55 42.57 44.70 46.94 49.29CULTURAL ARTS SPECIALIST A650 29-Jun-2018 AFSCME Hourly Rate 31.17 32.73 34.36 36.08 37.88CULTURAL ARTS SPECIALIST - HOURLY X650 29-Jun-2018 HOURLY Hourly Rate 31.17 32.73 34.36 36.08 37.88DATABASE BUSINESS SYSTEMS SPECIALIST O405 29-Jun-2018 CONFID Hourly Rate 30.22 31.73 33.32 34.98 36.73DEPUTY CITY CLERK O320 29-Jun-2018 CONFID Hourly Rate 33.23 34.90 36.64 38.47 40.40DEPUTY DIRECTOR OF ECD M145 29-Jun-2018 MID MGMT Hourly Rate 67.14 70.50 74.02 77.72 81.61ECONOMIC DEVELOPMENT COORDINATOR M185 29-Jun-2018 MID MGMT Hourly Rate 52.67 55.31 58.07 60.98 64.02ELECTRICAL TECHNICIAN A160 29-Jun-2018 AFSCME Hourly Rate 37.91 39.8141.80 43.89 46.08ELECTRICAL TECHNICIAN, ASSISTANT A120 29-Jun-2018 AFSCME Hourly Rate 27.97 29.37 30.84 32.38 34.00ELECTRICAL TECHNICIAN, LEAD A335 29-Jun-2018 AFSCME Hourly Rate 46.77 49.11 51.56 54.14 56.85ELECTRICAL TECHNICIAN, SENIOR A500 29-Jun-2018 AFSCME Hourly Rate 41.59 43.67 45.85 48.15 50.55EMERGENCY MEDICAL TECHNICIAN - HOURLY X281 29-Jun-2018 HOURLY Hourly Rate 17.46 18.33 19.25 20.21 21.22EMERGENCY SERVICES MANAGER M780 29-Jun-2018 MID MGMT Hourly Rate 41.73 43.82 46.01 48.31 50.73EMS BATTALION CHIEF M420 29-Jun-2018 PSM FIRE 80 Hourly Rate 71.89 75.49 79.26 83.22 87.39ENGINEER, ASSOCIATE M115 29-Jun-2018 MID MGMT Hourly Rate 50.00 52.5055.13 57.89 60.78ENGINEER, PRINCIPAL M760 29-Jun-2018 MID MGMT Hourly Rate 65.15 68.4071.82 75.42 79.19ENGINEER, SENIOR M340 29-Jun-2018 MID MGMT Hourly Rate 59.50 62.48 65.60 68.88 72.33ENGINEERING TECHNICIAN A167 29-Jun-2018 AFSCME Hourly Rate 31.31 32.88 34.52 36.25 38.06ENGINEERING TECHNICIAN, SENIOR A168 29-Jun-2018 AFSCME Hourly Rate 34.44 36.17 37.97 39.87 41.87ENVIRONMENTAL COMPLIANCE INSPECTOR - HOURLY X465 29-Jun-2018 HOURLY Hourly Rate 37.94 39.83 41.83 43.92 46.11ENVIRONMENTAL COMPLIANCE INSPECTOR I D210 29-Jun-2018 WQCP OP ENG Hourly Rate 37.94 39.83 41.83 43.92 46.11ENVIRONMENTAL COMPLIANCE INSPECTOR II D155 29-Jun-2018 WQCP OP ENGHourly Rate 41.73 43.81 46.00 48.30 50.72ENVIRONMENTAL COMPLIANCE INSPECTOR, SENIOR D160 29-Jun-2018 WQCP OP ENG Hourly Rate 47.06 49.41 51.88 54.47 57.20ENVIRONMENTAL COMPLIANCE SUPERVISOR M450 29-Jun-2018 MID MGMT Hourly Rate 62.49 65.61 68.89 72.34 75.95EQUIPMENT MECHANIC A170 29-Jun-2018 AFSCME Hourly Rate 32.32 33.94 35.63 37.41 39.28EQUIPMENT MECHANIC - HOURLY X510 29-Jun-2018 HOURLY Hourly Rate 32.32 33.94 35.63 37.41 39.28EQUIPMENT MECHANIC, LEAD A345 29-Jun-2018 AFSCME Hourly Rate 35.00 36.75 38.58 40.51 42.54EQUIPMENT OPERATOR A175 29-Jun-2018 AFSCME Hourly Rate 32.40 34.02 35.72 37.50 39.38EXECUTIVE ASSISTANT TO THE CITY MANAGER O410 29-Jun-2018 CONFID Hourly Rate 37.14 39.00 40.95 43.00 45.14FINANCIAL ANALYST I M600 29-Jun-2018 MID MGMT Hourly Rate 36.73 38.5640.49 42.51 44.64FINANCIAL ANALYST II M610 29-Jun-2018 MID MGMT Hourly Rate 40.39 42.41 44.53 46.75 49.09FINANCIAL ANALYST, SENIOR M615 29-Jun-2018 MID MGMT Hourly Rate 44.41 46.63 48.96 51.41 53.98FINANCIAL SERVICES MANAGER M770 29-Jun-2018 MID MGMT Hourly Rate 57.11 59.96 62.96 66.11 69.41FIRE APPARATUS ENGINEER B120 29-Jun-2018 IAFF Hourly Rate 36.06 37.8739.76 41.75 43.84FIRE APPARATUS ENGINEER (40 HOURS) B121 29-Jun-2018 IAFF Hourly Rate 50.49 53.02 55.67 58.45 61.37FIRE BATTALION CHIEF (40 HOURS) M205 29-Jun-2018 PSM FIRE 80 Hourly Rate 71.89 75.49 79.26 83.22 87.39Page 2 of 6 City of South San Francisco Salary ScheduleDecember 28, 2018December 12, 2018 Council MeetingJOB TITLE JOB CODE EFFECTIVE DATE UNIT PAY RATE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8FIRE BATTALION CHIEF (56 HOURS) M390 29-Jun-2018 PSM FIRE 112 Hourly Rate 51.34 53.91 56.61 59.44 62.41FIRE CAPTAIN B100 29-Jun-2018 IAFF Hourly Rate 39.46 41.44 43.51 45.68 47.97FIRE CAPTAIN (40 HOURS) B101 29-Jun-2018 IAFF Hourly Rate 55.25 58.0160.91 63.96 67.15FIRE CHIEF, DEPUTY M110 29-Jun-2018 PSM FIRE 80 Hourly Rate 83.67 87.85 92.25 96.86 101.70FIRE COURIER - HOURLY X540 29-Jun-2018 HOURLY Hourly Rate 18.93 19.8820.87 21.91 23.01FIRE MARSHAL M410 29-Jun-2018 PSM FIRE 80 Hourly Rate 71.89 75.49 79.26 83.22 87.39GROUNDSPERSON A505 29-Jun-2018 AFSCME Hourly Rate 29.50 30.97 32.52 34.15 35.85HUMAN RESOURCES ANALYST I M700 29-Jun-2018 MID MGMT Hourly Rate 36.64 38.47 40.40 42.42 44.54HUMAN RESOURCES ANALYST II M270 29-Jun-2018 MID MGMT Hourly Rate 40.28 42.29 44.40 46.62 48.96HUMAN RESOURCES ANALYST, SENIOR M271 29-Jun-2018 MID MGMT Hourly Rate 44.33 46.54 48.87 51.31 53.88HUMAN RESOURCES CLERK - HOURLY X310 29-Jun-2018 HOURLY Hourly Rate 28.68 30.12 31.62 33.21 34.87HUMAN RESOURCES MANAGER M775 29-Jun-2018 MID MGMT Hourly Rate 57.22 60.08 63.08 66.23 69.55HUMAN RESOURCES TECHNICIAN O265 29-Jun-2018 CONFID Hourly Rate 30.2231.73 33.32 34.98 36.73HUMAN RESOURCES TECHNICIAN - HOURLY X265 29-Jun-2018 HOURLY Hourly Rate 30.22 31.73 33.32 34.98 36.73INFORMATION SYSTEMS ADMINISTRATOR M650 29-Jun-2018 MID MGMT Hourly Rate 52.71 55.34 58.11 61.02 64.07INFORMATION SYSTEMS ADMINISTRATOR, SENIOR M790 29-Jun-2018 MID MGMT Hourly Rate 55.34 58.11 61.02 64.07 67.27INFORMATION TECHNOLOGY MANAGER M805 29-Jun-2018 MID MGMT Hourly Rate 58.24 61.15 64.21 67.42 70.79LABORATORY CHEMIST D120 29-Jun-2018 WQCP OP ENG Hourly Rate 41.95 44.05 46.25 48.57 51.00LABORATORY CHEMIST - HOURLY X545 29-Jun-2018 HOURLY Hourly Rate 41.95 44.05 46.25 48.57 51.00LABORATORY CHEMIST, SENIOR D170 29-Jun-2018 WQCP OP ENG Hourly Rate48.47 50.89 53.44 56.11 58.92LABORATORY SUPERVISOR M220 29-Jun-2018 MID MGMT Hourly Rate 52.20 54.81 57.55 60.43 63.45LANDSCAPE ARCHITECT M815 29-Jun-2018 MID MGMT Hourly Rate 53.95 56.6559.48 62.46 65.58LIBRARIAN I A210 29-Jun-2018 AFSCME Hourly Rate 30.03 31.53 33.11 34.7636.50LIBRARIAN I - HOURLY X210 29-Jun-2018 HOURLY Hourly Rate 30.03 31.53 33.11 34.76 36.50LIBRARIAN II A240 29-Jun-2018 AFSCME Hourly Rate 33.05 34.70 36.44 38.26 40.17LIBRARIAN II - HOURLY X670 29-Jun-2018 HOURLY Hourly Rate 33.05 34.7036.44 38.26 40.17LIBRARY ASSISTANT I A220 29-Jun-2018 AFSCME Hourly Rate 23.58 24.76 26.00 27.30 28.66LIBRARY ASSISTANT I - HOURLY X220 29-Jun-2018 HOURLY Hourly Rate 23.58 24.76 26.00 27.30 28.66LIBRARY ASSISTANT II A215 29-Jun-2018 AFSCME Hourly Rate 26.05 27.35 28.72 30.15 31.66LIBRARY ASSISTANT II - HOURLY X225 29-Jun-2018 HOURLY Hourly Rate 26.05 27.35 28.72 30.15 31.66LIBRARY CLERK - HOURLY X235 29-Jun-2018 HOURLY Hourly Rate 14.62 15.35 16.12 16.92 17.77LIBRARY DIRECTOR, ASSISTANT M640 29-Jun-2018 MID MGMT Hourly Rate 56.69 59.52 62.50 65.63 68.91LIBRARY PAGE - HOURLY X250 28-Dec-2018 HOURLY Hourly Rate 12.00 12.6013.23 13.90 14.59LIBRARY PROGRAM MANAGER M235 29-Jun-2018 MID MGMT Hourly Rate 44.95 47.20 49.56 52.04 54.64LIBRARY SPECIALIST, SUPERVISING A670 29-Jun-2018 AFSCME Hourly Rate30.84 32.38 34.00 35.70 37.48LITERACY PROGRAM MANAGER M500 29-Jun-2018 MID MGMT Hourly Rate 44.9547.20 49.56 52.04 54.64LITERACY SERVICES ASSISTANT COORDINATOR - HOURLY X655 29-Jun-2018HOURLY Hourly Rate 26.05 27.35 28.72 30.15 31.66LITERACY SERVICES ASSISTANT I - HOURLY X665 29-Jun-2018 HOURLY Hourly Rate 23.58 24.76 26.00 27.30 28.66Page 3 of 6 City of South San Francisco Salary ScheduleDecember 28, 2018December 12, 2018 Council MeetingJOB TITLE JOB CODE EFFECTIVE DATE UNIT PAY RATE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8LITERACY SERVICES COORDINATOR A445 29-Jun-2018 AFSCME Hourly Rate 33.93 35.63 37.41 39.28 41.24MAINTENANCE CRAFTSWORKER A280 29-Jun-2018 AFSCME Hourly Rate 31.08 32.64 34.27 35.98 37.78MAINTENANCE SUPERVISOR M255 29-Jun-2018 MID MGMT Hourly Rate 41.20 43.26 45.42 47.69 50.08MANAGEMENT ANALYST I M570 29-Jun-2018 MID MGMT Hourly Rate 39.45 41.43 43.50 45.67 47.96MANAGEMENT ANALYST II M560 29-Jun-2018 MID MGMT Hourly Rate 43.39 45.56 47.83 50.22 52.74MEMBER, CULTURAL ARTS COMMISSION X164 30-MAY-2008 BD CMS Hourly Rate 50.00MEMBER, DESIGN REVIEW BOARD X155 01-JAN-0001 BD CMS Hourly Rate 50.00MEMBER, HISTORICAL COMMISSION X165 01-JAN-0001 BD CMS Hourly Rate 50.00MEMBER, HOUSING AUTHORITY COMMISSION X175 01-JAN-0001 BD CMS Hourly Rate 50.00MEMBER, LIBRARY BOARD X230 01-JAN-0001 BD CMS Hourly Rate 50.00MEMBER, PARKING PLACE COMMISSION X295 01-JAN-0001 BD CMS Hourly Rate 50.00MEMBER, PARKS & RECREATION COMMISSION X285 01-JAN-0001 BD CMS Hourly Rate 50.00MEMBER, PERSONNEL BOARD X305 01-JAN-0001 BD CMS Hourly Rate 50.00MEMBER, PLANNING COMMISSION X315 01-JAN-0001 BD CMS Hourly Rate 50.00MISCELLANEOUS HOURLY X280 28-Dec-2018 HOURLY Hourly Rate 12.00 85.00OFFICE ASSISTANT - HOURLY X440 29-Jun-2018 HOURLY Hourly Rate 22.13 23.23 24.39 25.61 26.89OFFICE SPECIALIST A295 29-Jun-2018 AFSCME Hourly Rate 24.34 25.55 26.83 28.17 29.58OFFICE SPECIALIST - HOURLY X415 29-Jun-2018 HOURLY Hourly Rate 24.3425.55 26.83 28.17 29.58PARAMEDIC FIREFIGHTER B130 29-Jun-2018 IAFF Hourly Rate 36.06 37.87 39.76 41.75 43.84PARAMEDIC FIREFIGHTER (40 HOURS) B131 29-Jun-2018 IAFF Hourly Rate 50.49 53.02 55.67 58.45 61.37PARAMEDIC/FIREFIGHTER RECRUIT (40 hours) B135 29-Jun-2018 IAFF Hourly Rate 48.08PARK MAINTENANCE WORKER A250 29-Jun-2018 AFSCME Hourly Rate 26.27 27.58 28.96 30.41 31.93PARK MAINTENANCE WORKER - HOURLY X300 29-Jun-2018 HOURLY Hourly Rate 26.27 27.58 28.96 30.41 31.93PARK MAINTENANCE WORKER, LEAD A195 29-Jun-2018 AFSCME Hourly Rate 31.26 32.82 34.46 36.19 38.00PARK MAINTENANCE WORKER, SENIOR A350 29-Jun-2018 AFSCME Hourly Rate28.14 29.55 31.03 32.58 34.21PARKING ENFORCEMENT OFFICER C175 29-Jun-2018 PO NONSWORN Hourly Rate 24.14 25.35 26.62 27.95 29.34PARKING ENFORCEMENT OFFICER - HOURLY X180 29-Jun-2018 HOURLY Hourly Rate 24.14 25.35 26.62 27.95 29.34PARKING SYSTEM TECHNICIAN A245 29-Jun-2018 AFSCME Hourly Rate 31.26 32.82 34.46 36.19 38.00PAYROLL ADMINISTRATOR M785 28-Dec-2018 MID MGMT Hourly Rate 40.39 42.41 44.53 46.75 49.09PERMIT TECHNICIAN A460 29-Jun-2018 AFSCME Hourly Rate 35.56 37.33 39.20 41.16 43.22PERMIT TECHNICIAN, SENIOR A700 29-Jun-2018 AFSCME Hourly Rate 37.83 39.72 41.70 43.79 45.98PLANNER, ASSOCIATE M125 29-Jun-2018 MID MGMT Hourly Rate 39.58 41.56 43.64 45.82 48.11PLANNER, ASSOCIATE - HOURLY X125 29-Jun-2018 HOURLY Hourly Rate 39.58 41.56 43.64 45.82 48.11PLANNER, PRINCIPAL M590 29-Jun-2018 MID MGMT Hourly Rate 52.67 55.31 58.07 60.98 64.02PLANNER, SENIOR M335 29-Jun-2018 MID MGMT Hourly Rate 49.01 51.46 54.04 56.74 59.58PLANNER, SENIOR - HOURLY X335 29-Jun-2018 HOURLY Hourly Rate 49.01 51.46 54.04 56.74 59.58PLANNING TECHNICIAN A462 29-Jun-2018 AFSCME Hourly Rate 35.55 37.33 39.19 41.15 43.21PLANT ELECTRICIAN I D105 29-Jun-2018 WQCP OP ENG Hourly Rate 36.73 38.57 40.50 42.52 44.65Page 4 of 6 City of South San Francisco Salary ScheduleDecember 28, 2018December 12, 2018 Council MeetingJOB TITLE JOB CODE EFFECTIVE DATE UNIT PAY RATE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8PLANT ELECTRICIAN I - HOURLY X500 29-Jun-2018 HOURLY Hourly Rate 36.73 38.57 40.50 42.52 44.65PLANT ELECTRICIAN II D140 29-Jun-2018 WQCP OP ENG Hourly Rate 40.41 42.43 44.55 46.78 49.12PLANT MAINTENANCE SUPERVISOR M745 29-Jun-2018 MID MGMT Hourly Rate 51.75 54.34 57.05 59.91 62.90PLANT MECHANIC - HOURLY X355 29-Jun-2018 HOURLY Hourly Rate 33.78 35.47 37.24 39.10 41.06PLANT MECHANIC I D130 29-Jun-2018 WQCP OP ENG Hourly Rate 33.78 35.4737.24 39.10 41.06PLANT MECHANIC II D135 29-Jun-2018 WQCP OP ENG Hourly Rate 37.17 39.02 40.98 43.02 45.18PLANT MECHANIC, APPRENTICE D220 29-Jun-2018 WQCP OP ENG Hourly Rate29.37 31.63 33.89 36.14 38.40 40.66 42.92 45.18PLANT MECHANIC, ASSISTANT - HOURLY X135 29-Jun-2018 HOURLY Hourly Rate 30.40 31.92 33.51 35.19 36.95PLANT MECHANIC, LEAD D180 29-Jun-2018 WQCP OP ENG Hourly Rate 41.90 44.00 46.20 48.51 50.93PLANT OPERATOR I D145 29-Jun-2018 WQCP OP ENG Hourly Rate 32.35 33.9735.67 37.45 39.33PLANT OPERATOR I - CONTRACT FT X145 29-Jun-2018 HOURLY Hourly Rate 32.35 33.97 35.67 37.45 39.33PLANT OPERATOR I - HOURLY X140 29-Jun-2018 HOURLY Hourly Rate 32.35 33.97 35.67 37.45 39.33PLANT OPERATOR II D150 29-Jun-2018 WQCP OP ENG Hourly Rate 35.60 37.38 39.25 41.21 43.27PLANT OPERATOR II - HOURLY X530 29-Jun-2018 HOURLY Hourly Rate 35.6037.38 39.25 41.21 43.27PLANT OPERATOR III D200 29-Jun-2018 WQCP OP ENG Hourly Rate 37.38 39.25 41.21 43.27 45.43PLANT OPERATOR, APPRENTICE D100 29-Jun-2018 WQCP OP ENG Hourly Rate28.13 30.29 32.45 34.62 36.78 38.94 41.11 43.27PLANT OPERATOR, LEAD D190 29-Jun-2018 WQCP OP ENG Hourly Rate 41.12 43.17 45.33 47.60 49.98PLANT SUPERINTENDENT M355 29-Jun-2018 MID MGMT Hourly Rate 67.05 70.41 73.93 77.62 81.50PLANT SUPERINTENDENT, ASSISTANT M465 29-Jun-2018 MID MGMT Hourly Rate 54.72 57.45 60.32 63.34 66.51PLANT UTILITY WORKER D125 29-Jun-2018 WQCP OP ENG Hourly Rate 29.62 31.10 32.65 34.28 36.00PLANT UTILITY WORKER - HOURLY X490 29-Jun-2018 HOURLY Hourly Rate 29.62 31.10 32.65 34.28 36.00POLICE CAPTAIN M280 29-Jun-2018 PSM POLICE Hourly Rate 79.32 83.29 87.45 91.83 96.42POLICE CHIEF, DEPUTY M765 29-Jun-2018 PSM POLICE Hourly Rate 83.22 87.38 91.75 96.34 101.16POLICE COMMUNICATIONS & RECORDS MANAGER M285 29-Jun-2018 MID MGMT Hourly Rate 53.81 56.50 59.32 62.29 65.41POLICE CORPORAL C100 29-Jun-2018 PO SWORN Hourly Rate 55.13 56.51 57.92 59.37POLICE COURT LIAISON - HOURLY X193 29-Jun-2018 HOURLY Hourly Rate 25.88 27.17 28.53 29.96 31.46POLICE LIEUTENANT M275 29-Jun-2018 PSM POLICE Hourly Rate 69.60 73.0876.74 80.58 84.60POLICE MEDIA TECHNICIAN C220 29-Jun-2018 PO NONSWORN Hourly Rate 28.68 30.12 31.62 33.21 34.87POLICE OFFICER C115 29-Jun-2018 PO SWORN Hourly Rate 41.17 44.06 47.1450.44 53.97POLICE PROPERTY/ EVIDENCE SPECIALIST C110 29-Jun-2018 PO NONSWORN Hourly Rate 28.01 29.41 30.88 32.42 34.04POLICE PROPERTY/EVIDENCE ASSISTANT - HOURLY X190 29-Jun-2018 HOURLY Hourly Rate 25.88 27.17 28.53 29.96 31.46POLICE RECORDS SPECIALIST C105 29-Jun-2018 PO NONSWORN Hourly Rate 25.88 27.17 28.53 29.96 31.46POLICE RECORDS SPECIALIST - HOURLY X191 29-Jun-2018 HOURLY Hourly Rate 25.88 27.17 28.53 29.96 31.46POLICE RECORDS SPECIALIST, SENIOR C180 29-Jun-2018 PO NONSWORN Hourly Rate 27.26 28.62 30.05 31.56 33.14POLICE RECORDS SPECIALIST, SUPERVISING C200 29-Jun-2018 PO NONSWORN Hourly Rate 29.76 31.25 32.81 34.45 36.17POLICE RECRUIT C190 29-Jun-2018 PO NONSWORN Hourly Rate 40.37POLICE RESERVE OFFICER - HOURLY X325 29-Jun-2018 HOURLY Hourly Rate44.30POLICE SERGEANT C165 29-Jun-2018 PO SWORN Hourly Rate 59.16 60.64 62.16 63.71 65.30Page 5 of 6 City of South San Francisco Salary ScheduleDecember 28, 2018December 12, 2018 Council MeetingJOB TITLE JOB CODE EFFECTIVE DATE UNIT PAY RATE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8POLICE SERVICE TECHNICIAN C125 29-Jun-2018 PO NONSWORN Hourly Rate 26.64 27.97 29.37 30.84 32.38POLICE SERVICE TECHNICIAN - HOURLY X192 29-Jun-2018 HOURLY Hourly Rate 26.64 27.97 29.37 30.84 32.38PRESCHOOL TEACHER I A495 29-Jun-2018 AFSCME Hourly Rate 20.82 21.86 22.95 24.10 25.31PRESCHOOL TEACHER I - HOURLY X690 29-Jun-2018 HOURLY Hourly Rate 20.82 21.86 22.95 24.10 25.31PRESCHOOL TEACHER II A680 29-Jun-2018 AFSCME Hourly Rate 22.90 24.05 25.25 26.52 27.84PRESCHOOL TEACHER II - HOURLY X680 29-Jun-2018 HOURLY Hourly Rate 22.90 24.05 25.25 26.52 27.84PROGRAM MANAGER M750 29-Jun-2018 MID MGMT Hourly Rate 51.60 54.18 56.89 59.73 62.72PUBLIC WORKS ADMINISTRATOR M795 29-Jun-2018 MID MGMT Hourly Rate 50.80 53.34 56.01 58.81 61.75PUBLIC WORKS ASSISTANT DIRECTOR/CITY ENGINEER M755 29-Jun-2018 MID MGMT Hourly Rate 74.85 78.59 82.52 86.65 90.98PUBLIC WORKS DEPUTY DIRECTOR M820 29-Jun-2018 MID MGMT Hourly Rate 64.24 67.45 70.82 74.36 78.08PUBLIC WORKS INSPECTOR A310 29-Jun-2018 AFSCME Hourly Rate 40.23 42.25 44.36 46.58 48.90PUBLIC WORKS MAINTENANCE WORKER A275 29-Jun-2018 AFSCME Hourly Rate26.27 27.58 28.96 30.41 31.93PUBLIC WORKS MAINTENANCE WORKER - HOURLY X345 29-Jun-2018 HOURLY Hourly Rate 26.27 27.58 28.96 30.41 31.93PUBLIC WORKS MAINTENANCE WORKER, LEAD A200 29-Jun-2018 AFSCME Hourly Rate 31.26 32.82 34.46 36.19 38.00PUBLIC WORKS MAINTENANCE WORKER, SENIOR A360 29-Jun-2018 AFSCME Hourly Rate 28.14 29.55 31.03 32.58 34.21RECREATION & COMMUNITY SERVICES PROG COOR - HOURLY X700 29-Jun-2018 HOURLY Hourly Rate 28.85 30.30 31.81 33.40 35.07RECREATION & COMMUNITY SERVICES PROGRAM COORD M530 29-Jun-2018 MID MGMT Hourly Rate 28.85 30.30 31.81 33.40 35.07RECREATION & COMMUNITY SERVICES SUPERVISOR M295 29-Jun-2018 MID MGMT Hourly Rate 41.20 43.26 45.42 47.69 50.08RECREATION INSTRUCTOR - HOURLY X350 28-Dec-2018 HOURLY Hourly Rate 12.00 38.00RECREATION LEADER I - HOURLY X360 28-Dec-2018 HOURLY Hourly Rate 12.00 12.60 13.23 13.90 14.59RECREATION LEADER II A610 28-Dec-2018 AFSCME Hourly Rate 13.20 13.86 14.55 15.28 16.04RECREATION LEADER II - HOURLY X365 28-Dec-2018 HOURLY Hourly Rate 13.20 13.86 14.55 15.28 16.04RECREATION LEADER III A620 29-Jun-2018 AFSCME Hourly Rate 14.57 15.2916.06 16.86 17.71RECREATION LEADER III - HOURLY X370 29-Jun-2018 HOURLY Hourly Rate 14.57 15.29 16.06 16.86 17.71RECREATION LEADER IV A515 29-Jun-2018 AFSCME Hourly Rate 18.93 19.88 20.87 21.91 23.01RECREATION LEADER IV - HOURLY X375 29-Jun-2018 HOURLY Hourly Rate 18.93 19.88 20.87 21.91 23.01SAFETY INSPECTOR - HOURLY X181 8-Sep-2017 HOURLY Hourly Rate 27.80 29.19 30.65 32.19 33.79SAFETY INSPECTOR I B200 29-Jun-2018 IAFF Hourly Rate 48.08 50.48 53.0155.66 58.44SAFETY INSPECTOR II B195 29-Jun-2018 IAFF Hourly Rate 52.86 55.50 58.28 61.19 64.25SAFETY INSPECTOR III B190 29-Jun-2018 IAFF Hourly Rate 57.72 60.60 63.63 66.81 70.15SWEEPER OPERATOR A370 29-Jun-2018 AFSCME Hourly Rate 30.58 32.11 33.7235.40 37.17TECHNICAL SERVICES SUPERVISOR M735 29-Jun-2018 MID MGMT Hourly Rate51.36 53.93 56.62 59.46 62.43TREE TRIMMER A375 29-Jun-2018 AFSCME Hourly Rate 31.50 33.07 34.73 36.46 38.29VAN DRIVER A510 29-Jun-2018 AFSCME Hourly Rate 16.08 16.89 17.73 18.62 19.55VAN DRIVER - HOURLY X555 29-Jun-2018 HOURLY Hourly Rate 16.08 16.89 17.73 18.62 19.55Page 6 of 6 City of South San Francisco Human Resources Department Summary of Elected Officials (City Council & City Treasurer) Benefits These are exempt, elected positions not eligible for overtime compensation. Effective Date: 12/11/2018 (Supersedes City Council Handbook Appendix 4, Resolution 61-2015) Benefit Effective Date: 7/1/01 (updated 11/07) Provision Pay and Compensation Information When Eligible Compensation Compensation $500$1,000 per month ($461.55 biweekly) effective 12/11/2018 Date of appointment Health & Welfare Benefits Medical Insurance .City pays 95%90% of premium for full-time non-safety AFSCME-represented employees’ HMO coverage for member and eligible dependents under age 26. These employees pay 5%10% towards the premium. Contributions will rise to 10% of premium by the time the current AFSCME collective bargaining agreement expires. Employees pay any additional premium cost over the HMO rate for higher cost plans. Council Members’Elected officials’ premium contributions shall match these non-safety employees’ contributions. First of the month following date of appointment Vision Insurance City pays 100% of premium for full-time non-safety AFSCME- represented employees’ HMO coverage for member and eligible dependents under age 26. $10 deductible per visit. Elected officials’ premium contributions shall match these non- safety employees’ contributions (i.e., $0). First of the month following date of appointment Dental Insurance City pays 100% of premium for full-time non-safety AFSCME- represented employees’ HMO coverage for member and eligible dependents under age 26. Incentive plan starts at 70% and may increase each year until 100% of allowed fee. Calendar year maximum benefit paid per calendar year is of $1,500 out-of network and $1600 in-network with a per enrollee and orthodontia lifetime cap of $1,000 for orthodontia dependent children. Covers 70%-100% of Delta dentist’s fee. Elected officials’ premium contributions shall match these non- safety employees’ contributions (i.e., $0). Option to buy-up to enhanced dental plan. First of the month following completion of 6 months of employment Discretionary Benefit Option City will pays 50% of the average of medical, dental, and vision costs (in an amount not to exceed $550 per month) into pre-tax 457 deferred compensation account if Councilmemberelected official waives City health coverage and maintains medical coverage elsewhere. First of the month following date of appointment Executive Management Physical Fitness Program Councilmembers Elected officials are allowed up to $1,000 per fiscal year to use for physical fitness or unreimbursed health care costs. Date of appointment Life and AD&D Insurance City paid life insurance valued at 2 times base salary amount of $50,000; and AD&D at 2 times base salary amount of $50,000. First of the month following date of appointment Short-term and Long- term Disability City paid disability insurance. 20-day waiting period and sick leave exhausted with up to a maximum of 66 2/3% of pay. First of the month following date of appointment Other Benefits Credit Union Credit Union available. Date of appointment Direct Deposit Direct deposit of payroll checks can be made available. Date of appointment Employee Assistance Program Available to employeeselected officials and their eligible dependents for up to 3 free visits per 6-month period. Date of appointment Health Savings Account (HSA) Councilmembers enrolled in the PPO High Deductible Health Plan (HDHP) may contribute to an HSA through the City’s HSA provider. Upon qualified plan (PPO HDHP) enrollment. Separation/Retirement Attachment B City of South San Francisco, Human Resources Summary of Elected Officials Benefits Effective Date: 12/11/2018 12/05/18 S:\ElectedOfficial Benefit Summary, 2007 - redlined for 2018 update.doc Benefit Provision Pay and Compensation Information When Eligible Deferred Compensation (457 Plans) EmployeesElected officials may contribute pre-tax or after-tax dollars towards retirement. Two deferred compensation plans are available.Contribution limits are determined by IRS regulations. First of the month following date of appointment Medicare CouncilmembersElected officials appointed/elected after 1986 participate in Medicare. Date of appointment Public Employees’ Retirement System (PERS)/Social Security or Public Agency Retirement System (PARS) 3121 Plan Only those officials, elected/appointed prior to 1995 are eligible for PERS retirement of 2.7%@55 benefit with the official contributing employee’s share (8%). Those officials, elected/appointed after 1995 are eligible for PARS retirement with the official contributing employee’s share (3.75%). Elected officer may file with the CalPERS board of Administration an election in writing to become a member. Eligible for 3121 retirement plan with the official contributing employee share. Excluded from PERS membership unless an election for membership is filed with CalPERS. Elected official participating in PERS must contribute employee’s share and participate in Social Security. PERS Annuitants are excluded from 3121 plan and PERS/Social Security. Date of appointment Once elected, the membership remains in effect unless significant break in service or termination from CalPERS covered employment and subsequent withdrawal of funds, Retiree Health Benefits Only those officials elected/appointed prior to 1995 are eligible for retiree health benefits. City-paid retiree medical coverge. Covered dependent may continue coverage at his/her cost. Dental and Vision insurance maybe purchased from City. Upon retiree’s death 2, months City-paid medical coverage for spoinse. After minimum 5 years of City service and age 50; concurrent CalPERS and City retirement. Social Security Councilmembers appointed/elected after 1986 participate in Social Security Date of appointment. Note: This is a summary of benefits for Elected Officials (City Council) and is not intended to provide all information. Specific facts about the benefits are based on the terms and conditions of the City’s contracts with the providers, and any limits, as stipulated by law. Summary plan documents may be obtained from Human Resources. City of South San Francisco Human Resources Department Summary of Elected Officials (City Council & City Treasurer) Benefits These are exempt, elected positions not eligible for overtime compensation. Effective Date: 12/11/2018 (Supersedes City Council Handbook Appendix 4, Resolution 61-2015) Benefit Provision Pay and Compensation Information When Eligible Compensation Compensation $1,000 per month ($461.55 biweekly) effective 12/11/2018 Date of appointment Health & Welfare Benefits Medical Insurance City pays 90% of premium for full-time non-safety AFSCME- represented employees’ HMO coverage for member and eligible dependents under age 26. These employees pay 10% towards the premium. Employees pay any additional premium cost over the HMO rate for higher cost plans. Elected officials’ premium contributions shall match these non-safety employees’ contributions. First of the month following date of appointment Vision Insurance City pays 100% of premium for full-time non-safety AFSCME- represented employees’ coverage for member and eligible dependents under age 26. Elected officials’ premium contributions shall match these non-safety employees’ contributions (i.e., $0). First of the month following date of appointment Dental Insurance City pays 100% of premium for full-time non-safety AFSCME- represented employees’ coverage for member and eligible dependents under age 26. Incentive plan starts at 70% and may increase each year until 100% of allowed fee. Calendar year maximum of $1,500 per enrollee and orthodontia lifetime cap of $1,000 for dependent children. Elected officials’ premium contributions shall match these non-safety employees’ contributions (i.e., $0). Option to buy-up to enhanced dental plan. First of the month following completion of 6 months of employment Discretionary Benefit Option City pays $550 per month into pre-tax 457 deferred compensation account if elected official waives City health coverage and maintains medical coverage elsewhere. First of the month following date of appointment Executive Management Physical Fitness Program Elected officials are allowed up to $1,000 per fiscal year to use for physical fitness or unreimbursed health care costs. Date of appointment Life and AD&D Insurance City paid life insurance amount of $50,000 and AD&D amount of $50,000. First of the month following date of appointment Short-term and Long- term Disability City paid disability insurance. 20-day waiting period and sick leave exhausted with up to a maximum of 66 2/3% of pay. First of the month following date of appointment Other Benefits Credit Union Credit Union available. Date of appointment Direct Deposit Direct deposit of payroll checks available. Date of appointment Employee Assistance Program Available to elected officials and their eligible dependents. Date of appointment Health Savings Account (HSA) Councilmembers enrolled in the PPO High Deductible Health Plan (HDHP) may contribute to an HSA through the City’s HSA provider. Upon qualified plan (PPO HDHP) enrollment. Separation/Retirement Deferred Compensation (457 Plans) Elected officials may contribute pre-tax or after-tax dollars towards retirement. Contribution limits are determined by IRS regulations. First of the month following date of appointment Medicare Elected officials appointed/elected after 1986 participate in Medicare. Date of appointment Attachment C City of South San Francisco, Human Resources Summary of Elected Officials Benefits Effective Date: 12/11/2018 12/05/18 S:\City Manager & Elected Officials\City Council\ElectedOfficial Benefit Summary, 2018.12.11.doc Benefit Provision Pay and Compensation Information When Eligible Public Employees’ Retirement System (PERS)/Social Security or 3121 Plan Eligible for 3121 retirement plan with the official contributing employee share. Excluded from PERS membership unless an election for membership is filed with CalPERS. Elected official participating in PERS must contribute employee’s share and participate in Social Security. PERS Annuitants are excluded from 3121 plan and PERS/Social Security. Date of appointment Note: This is a summary of benefits for Elected Officials (City Council) and is not intended to provide all information. Specific facts about the benefits are based on the terms and conditions of the City’s contracts with the providers, and any limits, as stipulated by law. Summary plan documents may be obtained from Human Resources. City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:18-268 Agenda Date:12/12/2018 Version:1 Item #:4. Report regarding a resolution approving a consulting services agreement with Bellecci &Associates of Pleasanton,California for design and construction support services for the Mission Road Underground Utilities District (Project No.st1904)in an amount not to exceed $327,416,authorizing the City Manager to execute the agreement,and authorizing a budget of $360,158.(Matthew Ruble,Senior Engineer and Kathleen Phalen, Swinerton) RECOMMENDATION It is recommended that the City Council adopt a resolution approving a consulting services agreement with Bellecci &Associates of Pleasanton,California for design and construction support services for the Mission Road Underground Utilities District (Project No.st1904)in an amount not to exceed $327,416, authorizing the City Manager to execute the agreement, and authorizing a budget of $360,158. BACKGROUND/DISCUSSION On August 22,2018,the City Council adopted Ordinance 1561-2018 to establish the Mission Road Underground Utilities District (“District”)in accordance with provisions of CPUC Rule 20A.This District extends approximately 2,500 linear feet along Mission Road from Grand Avenue to the southern BART Station entrance where it connects with existing underground utilities.Ordinance 1561-2018 specified that the City would be the lead agent responsible for completing the project joint trench design and construction.PG&E, AT&T,Wave Broadband,and Comcast will place their utilities underground and reimburse the City for their share of design and construction costs. Staff issued a Request for Proposals (RFP)for professional services for design and construction support services on August 21,2018 on the eBidboard website.Two (2)proposals were received on the due date of September 10,2018 from Bellecci &Associates and from Tarrar Utility Design.Staff convened a review panel consisting of two staff engineers from the Public Works Department and the project manager from Swinerton Management &Consulting to evaluate the proposals.After reviewing the submitted proposals,the panel interviewed both proposing firms on October 16,2018.The panel then determined that Bellecci &Associates demonstrated that they are the best qualified firm to complete the specified scope of work. Bellecci &Associates demonstrated they have the staffing availability,expertise,and experience required to prepare the design documents and provide engineering support during the bidding and construction for the Mission Road Underground Utilities District.Staff recommends that the City enter into a consulting services agreement with Bellecci &Associates to authorize the firm to undertake the Mission Road Underground Utilities District design and construction support effort. Selection of consulting services is not based on the lowest bidder,but on the firm’s expertise,experience,and references.Once the most qualified firm is determined,staff negotiates a fee proposal and any changes deemed necessary to obtain a reasonable cost for the scope of work.Due to the fact that these projects are locally funded, there are no Disadvantaged Business Enterprise (DBE) requirements. Rule 20A undergrounding projects typically take three years to design and construct.The City has prepared a consulting services agreement for the consultant for an initial term of December 12,2018 to December 31,City of South San Francisco Printed on 12/6/2018Page 1 of 2 powered by Legistar™ File #:18-268 Agenda Date:12/12/2018 Version:1 Item #:4. consulting services agreement for the consultant for an initial term of December 12,2018 to December 31, 2021. The total design and construction support services are as follows: Design & Construction Support Consulting Services $327,416 Design & Construction Support Contingency (10%) $ 32,742 Total Project Design & Construction Support Costs $360,158 The estimated Bellecci & Associates costs by fiscal year are as follows: FY18-19 $80,000 FY19-20 $140,000 FY20-21 $107,416 FISCAL IMPACT In accordance with CPUC Rule 20A,the City will be reimbursed by PG&E,AT&T,Wave Broadband,and Comcast for their share of the design and construction support costs.The City’s share of the costs will derive from undergrounding power to City streetlights.The cost allocation will be developed at the end of the design phase.There are no new operational costs that will be incurred by the action of moving existing overhead utilities underground. The Mission Road Underground Utility District project (st1904)is funded by gas tax and there are sufficient funds to cover FY 2018-19 estimated costs of $80,000.Additional funds for design services and non- reimbursable costs will be appropriated as part of FY 2019-20 Capital Improvement Program budget.Rule 20A funds will be appropriated in future fiscal years and will cover approximately 85 percent of the total project costs. CONCLUSION Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute a consulting services agreement with Bellecci &Associate for design and construction support of the Mission Road Underground Utilities District based on their qualifications,experience,references and understanding of the project. Attachments: 1.District Map 2.Panel Review Summary 3.Bellecci & Associates Profile and Project Team 4.Example Projects Similar to the Subject Project City of South San Francisco Printed on 12/6/2018Page 2 of 2 powered by Legistar™ Attachment 2 - Panel Review Summary Mission Road underground Utility District Design and Construction Support (st1904) October 16, 2018 Maximum Score Bellecci & Associates Tarrar Utility Consultants Bellecci & Associates Tarrar Utility Consultants Bellecci & Associates Tarrar Utility Consultants 1. Presentation of a complete and responsive proposal.25 19 8 20 10 18 12 2. Project understanding, identification of key issues, and plan to deliver a satisfacory project. 25 23 12 22 15 22 16 3. Qualifications of the project team.25 25 20 22 25 25 20 4. Firm's/team's demonstated experience with similar projects and services.25 25 15 25 12 23 16 Total 100 92 55 89 62 88 64 Reviewer 1 Reviewer 2 Reviewer 3 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:18-269 Agenda Date:12/12/2018 Version:1 Item #:4a. Resolution approving a consulting services agreement with Bellecci &Associates of Pleasanton,California for design and construction support services for the Mission Road Underground Utilities District (Project No. st1904)in an amount not to exceed $327,416,authorizing the City Manager to execute the agreement,and authorizing a budget of $360,158. WHEREAS,on August 22,2018,the City Council adopted Ordinance 1561-2018 to establish the Mission Road Underground Utilities District in accordance with provisions of CPUC electric Rule 20A; and WHEREAS,Ordinance 1561-2018 specified that the City would be the lead agent responsible for completing the project joint trench design and construction; and WHEREAS,the District extends approximately 2,500 linear feet along Mission Road from Grand Avenue to the South San Francisco BART Station southern entrance; and WHEREAS,PG&E,AT&T,Wave Broadband,and Comcast,the utilities in this project,will reimburse the City for their share of design and construction costs to move their utilities underground; and WHEREAS,on August 21,2018,staff advertised a Request for Proposals for professional services for design and construction support services on the eBidboard website; and WHEREAS,on September 10,2018,the City received two proposals from Bellecci &Associates and from Tarrar Utility Design; and WHEREAS,staff convened an evaluation panel to review and rate the written proposal and then to interview the two firms,ultimately selecting Bellecci &Associates as the best qualified to provide design and construction support services on the Mission Road Underground Utilities District; and WHEREAS,after completing this qualifications evaluation,staff negotiated a fee proposal of $327,416 which is a reasonable cost for the specified scope of work. 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,attached herewith as Exhibit A,with Bellecci & Associates of Pleasanton,California in an amount not to exceed $327,416,conditioned on the consultant’s timely execution of the consulting services agreement and submission of all required documents,including but not limited to, certificates of insurance and endorsements, in accordance with the Project documents. 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. City of South San Francisco Printed on 1/17/2019Page 1 of 2 powered by Legistar™ File #:18-269 Agenda Date:12/12/2018 Version:1 Item #:4a. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the agreement and any other related documents on behalf of the City upon timely submission by Bellecci &Associates signed contract and all other documents, subject to approval as to form by the City Attorney. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to take any other required actions consistent with the intent of this resolution, that do not materially increase the City’s obligations. ***** City of South San Francisco Printed on 1/17/2019Page 2 of 2 powered by Legistar™ Consulting Services Agreement between [Rev:5.23.2017] December 12, 2018 City of South San Francisco and Bellecci & Associates Page 1 of 19 Exhibit A - CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND Bellecci & Associates THIS AGREEMENT for consulting services is made by and between the City of South San Francisco (“City”) and Bellecci & Associates (“Consultant”) (together sometimes referred to as the “Parties”) as of December 12, 2018 (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 December 31, 2021; as term of three years. 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 $327,416 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, or Consultant’s compensation schedule attached as Exhibit B, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered Consulting Services Agreement between [Rev:5.23.2017] December 12, 2018 City of South San Francisco and Bellecci & Associates Page 2 of 19 pursuant to this Agreement. Consultant shall submit all invoices to Cit y 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 u nder this Agreement is based upon Consultant’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 2.1 Invoices. Consultant shall submit invoices, not more often than once per month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:  Serial identifications of progress bills (i.e., Progress Bill No. 1 for the first invoice, etc.);  The beginning and ending dates of the billing period;  A task summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;  At City’s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the wo rk, and each reimbursable expense;  The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder, as well as a separate notice when the total number of hours of work by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds eight hundred (800) hours, which shall include an estimate of the time necessary to complete the work described in Exhibit A;  The amount and purpose of actual expenditures for which reimbursement is sought;  The Consultant’s signature. 2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant. City shall have no obligation to pay invoices submitted ninety (90) days past the performance of work or incurrence of cost. 2.3 Final Payment. City shall pay the last ten percent (10%) of the total sum due pursuant to this Agreement within sixty (60) days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed. Consulting Services Agreement between [Rev:5.23.2017] December 12, 2018 City of South San Francisco and Bellecci & Associates Page 3 of 19 2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment. 2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis sha ll not exceed the amounts shown on the compensation schedule attached hereto and incorporated herein as Exhibit B. 2.6 Reimbursable Expenses. The following constitute reimbursable expenses authorized by this Agreement: Printing, plotting and delivery services. Reimbursable expenses shall not exceed $710. Expenses not listed above are not chargeable to City. Reimbursable expenses are included in the total amount of compensation provided under Section 2 of this Agreement that shall not be exceeded. 2.7 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 D. 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. 2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to that date. 2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. 2.10 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 Consulting Services Agreement between [Rev:5.23.2017] December 12, 2018 City of South San Francisco and Bellecci & Associates Page 4 of 19 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. Consulting Services Agreement between [Rev:5.23.2017] December 12, 2018 City of South San Francisco and Bellecci & Associates Page 5 of 19 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 pro perty 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 C, 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 f or 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 wor k 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 Consulting Services Agreement between [Rev:5.23.2017] December 12, 2018 City of South San Francisco and Bellecci & Associates Page 6 of 19 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. Consulting Services Agreement between [Rev:5.23.2017] December 12, 2018 City of South San Francisco and Bellecci & Associates Page 7 of 19 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 docume nts 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 w ritten 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 complete d 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 Consulting Services Agreement between [Rev:5.23.2017] December 12, 2018 City of South San Francisco and Bellecci & Associates Page 8 of 19 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. Consulting Services Agreement between [Rev:5.23.2017] December 12, 2018 City of South San Francisco and Bellecci & Associates Page 9 of 19 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 fro m 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 volunte ers 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 jur isdiction 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 servic es 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. Notwithst anding 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 h ereby 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. Consulting Services Agreement between [Rev:5.23.2017] December 12, 2018 City of South San Francisco and Bellecci & Associates Page 10 of 19 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 tha t 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 prof essions. 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 subcont ract, 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. Section 8. TERMINATION AND MODIFICATION. 8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. Consulting Services Agreement between [Rev:5.23.2017] December 12, 2018 City of South San Francisco and Bellecci & Associates Page 11 of 19 Consultant may cancel this Agreement for cause upon 30 days’ written notice to City and shall include in such notice the reasons for cancellation. In the event of termination, Consultant shall be entitled to compensation for services performed to the date of notice of termination; City, however, may condition payment of such compensation upon Consultant delivering to City all materials described in Section 9.1. 8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period. 8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties. 8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial in ducement 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. 8.4.1 Subcontracting A. Nothing contained in this Agreement or otherwise, shall create any contractual relationship between City and any subconsultant(s), and no subcontract shall relieve Consultant of its responsibilities and obligations hereunder. Consultant agrees to be as fully responsible to City for the acts and omissions of its subconsultant(s) and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by Consultant. Consultant’s obligation to pay its subconsultant(s) is an independent obligation from City’s obligation to make payments to the Consultant. B. Consultant shall perform the work contemplated with resources available within its organization and no portion of the work pertinent to this contract shall be Consulting Services Agreement between [Rev:5.23.2017] December 12, 2018 City of South San Francisco and Bellecci & Associates Page 12 of 19 subcontracted without written authorization by City’s Contract Administrator, except that, which is expressly identified in the approved Scope of Work. C. Consultant shall pay its subconsultants within ten (10) calendar days from receipt of each payment made to Consultant by City. D. Any subcontract in excess of $25,000 entered into as a result of this contract shall contain all the provisions in this contract to be applicable to subconsultants. E. Any substitution of subconsultant(s) must be approved in writing by City’s Contract Administrator prior to the start of work by the subconsultant(s). 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 an y other work product prepared by Consultant pursuant to this Agreement; 8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or 8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work. Section 9. KEEPING AND STATUS OF RECORDS. 9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are Consulting Services Agreement between [Rev:5.23.2017] December 12, 2018 City of South San Francisco and Bellecci & Associates Page 13 of 19 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. 9.3.1 Retention of Records/Audit For the purpose of determining compliance with Public Contract Code 10115, et seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq., when applicable and other matters connected with the performance of the contract pursuant to Government Code 8546.7; Consultant, subconsultants, and City shall maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of the Agreement, including but not limited to, the costs of administering the Agreement. All parties shall make such materials available at their respective offices at all reasonable times during the term of the Agreement and for three years from the date of final payment under the Agreement. The state, State Auditor, City, FHWA, or any duly authorized representative of the Federal Government shall have access to any books, records, and documents of Consultant and its certified public accountants (CPA) work papers that are pertinent to the contract and indirect cost rates (ICR) for audit, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested. Subcontracts in excess of $25,000 shall contain the provision. 9.3.2 Audit Review Procedures. A. Any dispute concerning a question of fact arising under an interim or post audit of this Agreement that is not disposed of by agreement, shall be reviewed by City’s Finance Director. B. Not later than 30 days after issuance of the final audit report, Consultant may request a review by City’s Finance Director of unresolved audit issues. The request for review will be submitted in writing. Consulting Services Agreement between [Rev:5.23.2017] December 12, 2018 City of South San Francisco and Bellecci & Associates Page 14 of 19 C. Neither the pendency of a dispute nor its consideration by City will excuse Consultant from full and timely performance, in accordance with the terms of this contract. 9.4 Records Submitted in Response to an Invitation to Bid or Request for Proposals. All responses to a Request for Proposals (RFP) or invitation to bid issued by the City become the exclusive property of the City. At such time as the City selects a bid, all proposals received become a matter of public record, and shall be regarded as public records, with the exception of those elements in each proposal that are defined by Consultant and plainly marked as “Confidential,” "Business Secret" or “Trade Secret." The City shall not be liable or in any way responsible for the disclosure of any such proposal or portions thereof, if Consultant has not plainly marked it as a "Trade Secret" or "Business Secret," or if disclosure is required under the Public Records Act. Although the California Public Records Act recognizes that certain confidential trade secret information may be protected from disclosure, the City may not be in a position to establish that the information that a prospective bidder submits is a trade secret. If a request is made for information marked "Trade Secret" or "Business Secret," and the requester takes legal action seeking release of the materials it believes does not constitute trade secret information, by submitting a proposal, Consultant agrees to indemnify, defend and hold harmless the City, its agents and employees, from any judgment, fines, penalties, and award of attorneys fees awarded against the City in favor of the party requesting the information, and any and all costs connected with that defense. This obligation to indemnify survives the City's award of the contract. Consultant agrees that this indemnification survives as long as the trade secret information is in the City's possession, which includes a minimum retention period for such documents. Section 10 MISCELLANEOUS PROVISIONS. 10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including arbitration or an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County San Mateo or in the United States District Co urt 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 an y Consulting Services Agreement between [Rev:5.23.2017] December 12, 2018 City of South San Francisco and Bellecci & Associates Page 15 of 19 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 b reach of that term or any other term of this Agreement. 10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties. 10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. 10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq. Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve (12) months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code §1090 et.seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California. 10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials. 10.9 Contract Administration. This Agreement shall be administered by Richard Cho ("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 Consulting Services Agreement between [Rev:5.23.2017] December 12, 2018 City of South San Francisco and Bellecci & Associates Page 16 of 19 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 Bellecci & Associates 7041 Koll Center Parkway, Suite 132 Pleasanton, CA 94566 City: City Clerk City of South San Francisco 400 Grand Avenue South San Francisco, CA 94080 10.11 Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example. Seal and Signature of Registered Professional with report/design responsibility. 10.12 Integration. This Agreement, including all Exhibits attached hereto, and incorporated herein, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral pertaining to the matters herein. 10.13 Counterparts. This Agreement may be executed in 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 an d effective as to all Parties.. 10.14 Construction. The headings in this Agreement are for the purpose of reference only and shall not limit or otherwise affect any of the terms of this Agreement. The parties have had Consulting Services Agreement between [Rev:5.23.2017] December 12, 2018 City of South San Francisco and Bellecci & Associates Page 17 of 19 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. 10.15 No Third Party Beneficiaries. This Agreement is made solely for the benefit of the Parties hereto with no intent to benefit any non-signatory third parties. 10.16 Cost Principles and Administrative Requirements. A. Consultant agreed that the Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31 .000 et seq., shall be used to determine the cost allowability of individual items not otherwise identified in the Scope of Work. B. Consultant also agrees to comply with federal procedures in accordance with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. C. Any costs for which payment has been made to Consultant that are determined by subsequent audit to be unallowable under 49CFR, Part 18 and 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., are subject to repayment by Consultant to City. D. All subcontracts in excess of $25,000 shall contain the above provisions. 10.17 Rebates, Kickbacks or Other Unlawful Consideration. Consultant warrants that this Agreement was not obtained or secured through rebates, kickbacks or other unlawful consideration, either promised or paid to any City employee. For breach or violation of this warranty, City shall have the right in its discretion; to terminate the Agreement without liability; to pay only for the value of the work actually performed; or to deduct from the total compensation stated in this Agreement; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration. 10.18 Statement of Compliance. A. Consultant’s signature affixed herein, and dated, shall constitute a certification under penalty of perjury under the laws of the State of California that Consultant has, unless exempt, complied with the nondiscrimination program requirements of Government Code Section 12990 and Title 2, California Administrative Code, Section 8103. B. During the performance of this Agreement, Consultant and its subconsultants shall not unlawfully discriminate, harass or allow harassment against any employee or appl icant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. Consultant and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Consultants and subconsultants shall comply with the provisions of the Fair Consulting Services Agreement between [Rev:5.23.2017] December 12, 2018 City of South San Francisco and Bellecci & Associates Page 18 of 19 Employment and Housing Act (Gov. Code §12990 (a-f) et seq.) and the applicable regulations promulgated there under (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code §12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Contract by reference and made a part hereof as if set forth in full. Consultant and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement. C. The Consultant shall comply with regulations relative to Title VI (nondiscrimination in federally-assisted programs of the Department of Transportation – Title 49 Code of Federal Regulations, Part 21 – Effectuation of Title VI of the 1964 Civil Rights Act). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the State of California shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance of their assignees and successors in interest. D. The Consultant, with regard to the work, performed by it during the Agreement shall act in accordance with Title VI. Specifically, the Consultant shall not discriminate on the basis of race, color, national origin, religion, sex, age, or disability in selection and retention of Subconsultants, including procurement of materials and leases of equipment. The Consultant shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the U.S. DOT’s Regulations, including employment practices when the Agreement covers a program whose goal is employment. 10.19 Debarment and Suspension Certification. A. Consultant’s signature affixed herein, shall constitute a certification under penalty of perjury under the laws of the State of California, that Consultant has complied with Title 2 CFR, Part 180, “OMB Guidelines to Agencies on Government wide Debarment and Suspension (nonprocurement)”, which certifies that he/she or any person associated therewith in the capacity of owner, partner, director, officer, or manager, is not currently under suspension, debarment, voluntary exclusion, or determination of ineligib ility by any federal agency; has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any manner involving fraud or official misconduct within the past three (3) years. Any exceptions to this certification must be disclosed to City. B. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining Consultant responsibility. Disclosures must indicate to whom exceptions apply, initiating agency, and dates of action. Consulting Services Agreement between [Rev:5.23.2017] December 12, 2018 City of South San Francisco and Bellecci & Associates Page 19 of 19 C. Exceptions to the Federal Government Excluded Parties List System maintained by the General Services Administration are to be determined by the Federal Highway Administration. The Parties have executed this Agreement as of the Effective Date. CITY OF SOUTH SAN FRANCISCO Consultants ____________________________ _____________________________________ Mike Futrell, City Manager Anoop Admal, Principal in Charge Attest: _____________________________ City Clerk Approved as to Form: ____________________________ City Attorney 2729962.1 Exhibit A - Scope of Services Rule 20A UUD Improvements on Mission Road December 2018 City of South San Francisco Bellecci & Associates, Inc. Page 1 Exhibit A - Scope of Work Description of Work: Bellecci & Associates, Inc. (CONSULTANT) will provide civil engineering design services to the City of South San Francisco (CITY) for the Mission Road Underground Utility District Project (PROJECT). The PROJECT will include producing a complete design documents suitable for public bid solicitation and biding/construction phase engineering support. Below is a map showing limits of underground utility district (UUD) for Mission Road. Exhibit A - Scope of Services Rule 20A UUD Improvements on Mission Road December 2018 City of South San Francisco Bellecci & Associates, Inc. Page 2 Task 1: JOINT TRENCH INTENT DRAWING & BASE MAP 1.1 Project Management and Coordination Meetings CONSULTANT will be responsible for managing design team staff. The key project management tasks that will be implemented by Bellecci include creation of the project scope of work and cost proposal, establishing and updating the project schedule, monitoring and updating the project budget and invoicing, scheduling coordination meetings with key parties. Details on the key Project Management tasks are summarized below.  Meetings: The meetings shall include two (2) design review meetings with CITY staff, PG&E, and/or utility coordination meetings as determined by the CITY.  Schedule: The project schedule will be created in MS Project and submitted to the CITY for review and approval. Deliverables: Updates of MS Project Schedule, Budget Spreadsheet, Meetings Notes 1.2 Topographic Surveys CONSULTANT’s union survey crews will collect field topographic information with appropriate detail for a joint trench utility project; within the limit of work. The topographic survey beyond the trench limits will be for general base mapping purposes and will include: visible utility locations, invert elevation, striping, existing curb and gutter, sidewalks, asphalt dikes, ramps, driveways, fences, edge of pavement, retaining walls, trees, poles, signs, in order to complete the base map information using the CITY Datum and Coordinate system. The topographic survey will help identify the existing street profile slopes, existing street cross section and drainage patterns. CONSULTANT will conduct right-of-way research to identify the record property lines and easement lines in the project area. The right-of-way research will involve downloading parcel maps from an on- line subscription to Parcel Quest, and fitting the record right-of way dimensions onto the CAD aerial topographic survey and supplemental survey. Property lines will be aligned with the topographic survey by reference to curbs and fence lines. 1.2.1 Aerial Topo Before aerial survey Bellecci field surveys will collect detailed field topographic survey at project site, and the field topographic survey points will be used in-lieu of flight crosses for aerial control. Aerial survey will be appropriate for 1” =40’ topography. CONSULTANT's aerial mapping subconsultant will fly 4 RGB digital images in two flight strips at 1:3200 photo scale at approximately 1600' above the ground. Images will be scanned at 2000 dpi for use in a soft-copy photogrammetric workstation.  Production: Aerial mapping subconsultant will complete the following: ‐ Analytical aero triangulation of the 4 images, including manual "pass" and "tie" points. ‐ Measurement of aerial ground control panels. Least squares adjustment of the image block. ‐ Adjusted stereo paired images are viewed in stereo compilation software, and planimetric features are collected. There is no contour or elevation delivery for this project. Exhibit A - Scope of Services Rule 20A UUD Improvements on Mission Road December 2018 City of South San Francisco Bellecci & Associates, Inc. Page 3 ‐ Orthoimagery is produced after a 'light-DTM' ground terrain model is complete. Images are stitched together, seam lines are edited, and defects are removed. ‐ All plan/ortho output data undergoes quality control and edit by a separate operator.  Limitations: ‐ Aerial photogrammetry cannot map objects that are obscured by trees, overhanging objects, parked cars, etc. or do not have the visual acuity to be discerned given the project flying height. End products are considered planning- level products. It is advised that additional ground truthing / field survey be conducted before project design and construction. Deliverable: Aerial Mapping Subconsultant will provide a single CAD file in AutoCAD format (DWG) for DTM and mapping, and one orthoimagery tile as TIF and JPG. The resolution of the TIF and JPG files will be 0.1' pixel. 1.3 Utility Mapping CONSULTANT will coordinate with owners of the utilities in the project areas to request and obtain their available utility base maps for use in developing the plans. The approximate locations of the utilities will be added to the base map from the information provided by the utility companies. CONSULTANT will request from the City electronic copies of available record maps from the CITY Maps and Files office and utility maps obtained from utility companies; and include existing as-built mapping information on the project plans. The utility mapping will also incorporate line work that is generated by connecting the topographic survey points from surface evident utility lids and manholes, with the conduit and pipeline pathways supported by record utility mapping information. 1.4 Field Utility Mapping Bellecci's Utility Mapping Subconsultant will conduct a field visit, detect and mark the existing utilities locations at the project area. Bellecci's Utility Mapping Subconsultant will perform topographical surveys of all on-site utilities and create an AutoCAD file using provided or arbitrary coordinates. Deliverables for Task 1.2. 1.3 & 1.4: Base Map on 24" x 36" plan sheet with City Standard Border, sent to City and PG&E in PDF format. 1.5 30% Joint Trench Intent Drawing CONSULTANT will be responsible for developing 30% (concept) joint trench intents showing trench route, potential points of connection and location of joint trench vaults on the base map generated from Tasks 1.2 and 1.3 and will be provided to the City for review. Deliverables: 30% Joint Trench Intents drawing in PDF format sent to the City project manager. Intent Drawing will be displayed on 24" x 36" size sheets with City standard border. Exhibit A - Scope of Services Rule 20A UUD Improvements on Mission Road December 2018 City of South San Francisco Bellecci & Associates, Inc. Page 4 1.6 100% Joint Trench Intent Drawing CONSULTANT will be responsible for developing 100% joint trench intents that addresses CITY comments and providing intent drawings to Utilities (PG&E, AT&T, Wave Broadband, and Comcast). CONSULTANT will meet with CITY and Utilities to present the proposed design and discuss review comments. Deliverables: Drawings on 24" x 36" plan sheet with City Standard Border, sent to City and PG&E in PDF format. 1.7 Printing and Delivery Allowance: One (1) copy of Joint Trench intent drawing plans will be sent to the City. TASK 2: MANAGEMENT DURING UTILITY DESIGN PHASE 2.1 Assist during Utility Design Phase CONSULTANT will coordinate with the Utility companies to obtain their design needs. CONSULTANT will communicate all design issues with CITY. CONSULTANT will provide support during the Task 2 phase of the project up to the budget amount included. TASK 3: PREPARE JOINT TRENCH PLANS & FORM B 3.1 Project Management and Coordination Meetings CONSULTANT will be responsible for managing design team staff during Task 3. The key project management tasks that will be implemented by Bellecci include establishing and updating the project schedule, monitoring and updating the project budget and invoicing, scheduling coordination meetings with key parties. Details on the key Project Management tasks are summarized below.  Meetings: The meetings shall include one (1) design review meetings with CITY staff, PG&E, and/or utility coordination meetings as determined by the CITY.  Schedule: The project schedule will be created in MS Project and submitted to the CITY for review and approval. Deliverables: Updates of MS Project Schedule, Budget Spreadsheet, Meetings Notes 3.2 30% Joint Trench Plans Submittal CONSULTANT will be responsible for developing the composite joint trench plans that will be submitted to the City and PG&E for review. The Joint Trench Plans prepared by Bellecci will be a scaled plan view showing the locations of the main trench, utility company vaults, modifications to City wet utilities in conflict with joint trench, approximate locations of existing utilities, existing power poles, overhead power lines, hatching of the surface restoration areas, surface restoration notes, property lines from UUD boundary map prepared by City. Exhibit A - Scope of Services Rule 20A UUD Improvements on Mission Road December 2018 City of South San Francisco Bellecci & Associates, Inc. Page 5 In general, the layout of the utility trenches and utility vaults will match the designs provided by the utility companies. However, as the design civil engineers will make adjustments to the utility company designs based on civil engineering design practices for utility conflicts and impacts to existing surface improvements. PG&E will be informed of the design changes to the trench alignments via the progress submittals included in the contract. Listed below are items to be included on the plans:  Joint Trench Occupancy Guide: Describes the different combination of trench occupants and assigns a label to each combination  Work Responsibility Matrix for Joint Trench: Describes for each trench who is responsible for the following: excavate, backfill, conduits, conductors, surface restoration, boxes  Conduit Sweeps Chart  Joint Trench Crossing Detail - Under Utility Conflict  Joint Trench Crossing Detail - Over Utility Conflict  Vault Sweep Entry Detail and Dimension Chart  Exhibit for Pay Limits on Street Trenching Vs Limits of Private Property Plan View of Joint Trench  Vault Details: The required vault details/catalog cuts from each utility company  Greenbook's Occupancy Guide Notes Joint Trench Section Configuration Table: The lettering system is built to track the various combinations of occupants in the Joint Trench. It matches the Form B. Each Label refers to a particular joint trench configuration as well as its associated unit cost  Typical Trench Sections with references to the Form B chart: Form B trench configuration table describes typical trench sections with the information of corresponding trench width, depth and joint trench configuration  Minimum Trench Cover Chart  Callout notes in plan view to specify the trench depths  Trench Detail for Shallow Depth Trenches  Required Construction Notes from PG&E, AT&T, Wave Broadband & Comcast  Staging plans will indicate the required sequence of work and the requirements for the Contractor prepared traffic control plan for each stage of construction. The final plans, specifications and bid items will include the sheets described below. List of Sheet Series: Series # Description 1. Title Sheet 2. Notes & Details 3. Form B Trench Configuration 4. Joint Trench Plan 5. Surface Restoration Plan 6. Existing Utilities & Potholing Plan 7. Utilities Relocation 8. Street Lighting Plans 9. Staging Plans 10. Storm Water Pollution Control Plan Exhibit A - Scope of Services Rule 20A UUD Improvements on Mission Road December 2018 City of South San Francisco Bellecci & Associates, Inc. Page 6 Items 1, 2, 4, 8, 9 and 10 above are included but not finalized as part of the 30% submittal. The Form B will be prepared at the 100% submittal. CONSULTANT will coordinate the Services Conversions plans by PG&E. The Composite Drawing plans will show the conduits up to 5' from the building at the locations requested by PG&E. CONSULTANT will coordinate with CITY to select streetlight fixtures in accordance with a) CITY standard spacing and b) layout locations which avoid driveways and other fixed existing facilities. For the early stages of design / early submittals the street light plans will be shown for pole, trench and service locations. The conductor sizing and street light details will be prepared by the Electrical Engineer for the final two submittals. During final design CONSULTANT will notify the utility companies that have facilities that are in conflict with the proposed improvements. Utility Companies will be provided with a plan that depicts the utility conflicts and the required utility relocations to be performed by the utility companies. TECHNICAL SPECIFICATIONS will follow PG&E Greenbook Standards and will be submitted in technical specification format to be included in the overall project Contract Book prepared by the City for bidding. Technical specifications will be prepared in a modified Caltrans Section 10 format. The 90% and Final Bid documents will include the technical specifications, with the payment clauses included in the 90% and final bid documents submittal. The construction cost estimate will be in the Form B spreadsheet format. The unit prices in the Form B will be based on recent publicly bid Joint Trench projects. The unit prices will also assume a minimum of four responsible bidders. Deliverables: Engineer’s estimates will be provided with each submittal and will be provided in PDF and a MS Excel spreadsheet. Electronic PDF submittals of Plans and Specifications in WORD will also be provided with the submittal. The 30% design phase will commence when Comcast, AT&T and PG&E have completed their designs. The CAD xref base files will be provided to City upon completion of the final submittal. 3.3 Potholing CONSULTANT will retain a potholing Contractor to expose existing utilities at select locations. Potholing contractor will follow normal CITY requirements for working hours and approval prior to any lane closures on public streets. The traffic control plan will be per a Caltrans standard detail or approved project specific hand sketch. The City permit will be a no cost permit and City project manager will assist with the permit processing since this is a City project. The potholing contractor will mark a set of plans to indicate depth, diameter and location of existing pipe. CONSULTANT will incorporate information provided by potholing Contractor in joint trench design and prepare potholing plan for 100% Joint Trench Plans Submittal. Budget included in this proposal assumes 8 potholes. Deliverable: PDF copy of pothole data provided by potholing contractor. CONSULTANT will prepare potholing plan for the 100% Joint Trench Plans Submittal. Exhibit A - Scope of Services Rule 20A UUD Improvements on Mission Road December 2018 City of South San Francisco Bellecci & Associates, Inc. Page 7 3.4 90% Joint Trench Plans Submittal Consultant will make minor layout revisions for the 90% submittal and update the Form B, cost estimate and technical specifications. The 90% submittal will commence after all utility companies have provided comments on the 30% submittal. The 90% submittal will add the trenching on private property up to within 5' of the PG&E meter location. The PG&E meter locations will be identified by a site walk by the design engineer, who will also collect line work for the approximate surface conditions between the back of walk and the PG&E meter locations. It is assumed that there are no changes to Utility designs from Utility Companies (Comcast, AT&T, Wave Broadband or PG&E) after this stage of the design process. The 90% submittal will also include payment clauses. Deliverables: see Task 3.1 for deliverables 3.5 100% Form B Submittal CONSULTANT will be responsible for preparing the Form B cost allocation, including reimbursable expenses for in-house printing, that will be provided to CITY in PDF format for review and revision, then submitted to Utilities for Comment. CONSULTANT will lead CITY’s negotiations to obtain Utilities approval of the Form B cost allocation. Negotiations with Utilities will include a) providing completed plans and Form B, b) coordination with utility company reviews at each submittal, c) responding to questions and concerns from utility companies, and d) keep the City informed on the status of the utility company review. The 100% Form B submittal will be concurrent with the Bid Documents submittal to the City. Listed below are some of the key items included on the Form B.  Show separate sections in the Form B for a) Trenching, b) Conduits, c) Vaults, and soft costs (Engineering – Composite Drawing, City Construction Management as allowed by PG&E).  PG&E may require a separate section in the Form B for surface restorations, because this cost is shared equally among the trench occupants. Consultant will compile the total surface restoration into a single area calculation, which will be prorated to each trench based on the length and average width of each trench.  The cost sharing for each Form B Trench item is divided among the trench occupants per UO Standard S5453.  Based on other recent Rule 20 project the other public work construction items related to the Rule 20 as incidental to the Trench cost in the Measurement/Payment specifications. These items include Traffic Controls, Water Pollution Control, Mobilization, Clearing/Grubbing, Demolition, Construction Surveying by Contractor, and other non-utility specific items.  It is not anticipated there will be new utility design and limit of work comments from utility companies as part of the Final Form B submittal. Deliverable: PDF copy of Form B submitted for Utility Company signature. 3.6 100% Joint Trench Plans Submittal Exhibit A - Scope of Services Rule 20A UUD Improvements on Mission Road December 2018 City of South San Francisco Bellecci & Associates, Inc. Page 8 CONSULTANT will be responsible for developing the bid documents after receiving the final utility company and City review comments. The work on the final bid documents will commence when the CONSULTANT has received all comments in writing from City, AT&T, Comcast, Wave Broadband and PG&E after the 90% submittal. CONSULTANT will prepare the bid schedule and payment clauses. The CONSULTANT will coordinate with City on the City prepared special provisions and boilerplate specifications. CONSULTANT will provide input on some of the upfront contract document items such as allowance of working days, staging, and progress and sequencing of work. CONSULTANT will cross check bid schedule line items against descriptions and quantities in plans and technical specifications to ensure consistency, clarity and ease of bidding. Significant utility company layout and design changes are not anticipated at this stage of design and at the 90% submittal stage of design. CONSULTANT will prepare a submittal/comment/response log to be included in the bid documents. Deliverable: see Task 3.1 for deliverables. Submittal log to be included in the bid documents. 3.7 90% & 100% Street Lighting Plans Submittal for Electrical Engineer Electrical Engineer will provide 90% and 100% street light plans. The streetlight plan included in the 100% submittal will be suitable for use as bidding and construction, and will indicate and specify conduits, conductors, service points, pull boxes, light locations, and details. The spacing is to be based on City standard spacing and detailed photometric calculations are not anticipated. Deliverable: Street Lighting Plan on 24" x 36" plan sheet with City Standard Border, sent to City in PDF format. 3.8 Printing and Delivery Allowance: One (1) hard copy of stamped and signed Final plans will be sent to the City. TASK 4: ENGINEERING SUPPORT DURING CONSTRUCTION 4.1 Project Management and Coordination Meetings CONSULTANT will be responsible for managing design team staff during Task 4. The key project management tasks that will be implemented by Bellecci include monitoring and updating the project budget and invoicing, scheduling coordination meetings with key parties. Details on the key Project Management tasks are summarized below.  Schedule: The project schedule will be created in MS Project and submitted to the CITY for review and approval. Deliverables: Updates of Budget Spreadsheet, Meetings Notes 4.2 Bidding Assistance During the bidding phase, CONSULTANT will provide the County with engineering support and assistance to answer Contractor questions pertaining to the plans and specifications up to the hours allowance in the budget spreadsheet. CONSULTANT will prepare and issue Exhibit A - Scope of Services Rule 20A UUD Improvements on Mission Road December 2018 City of South San Francisco Bellecci & Associates, Inc. Page 9 one contract addenda, as needed. CONSULTANT will prepare a bid comparison Excel spreadsheet and assist the County in the review of bids. CONSULTANT will assist with the review responsiveness of presumed low bid(s). CONSULTANT will lead site walk and pre- bid meeting. Deliverable: Copies of all addenda and correspondence 4.3 Design Services During Construction (DSDC) Level 1 In this stage, CONSULTANT will provide engineering support during the projects’ construction phases. Examples of construction support services to be performed up to the budget on the labor summary spreadsheet include the following; project management, field visits, project meetings (as needed), record drawings preparation, submittal reviews and requests for information (RFI).  Level 1 Construction Support is the CONSULTANT will review only select submittals and select RFI's with the City construction manager and inspector providing responses to most of the submittals and RFI's. The hours spent on this task will be tracked and CONSULTANT will inform the City when the budget is approximately 3/4 expended. 4.4 Design Services During Construction (DSDC) Level 2  Level 2 Construction support added to Level 1 if the CONSULTANT is taking a more active role in reviewing most of the Submittals and most of the RFI's. Consultant will provide periodic summary of the hours expended on construction support services to track the budget. 1.1 Project Management & Coordination Meetings 66030015 $0 $2,620 1.2 Topographic Survey 018862447$7,500$17,270 1.3 Utility mapping 0 4 44 79 0 0 127 $0 $16,860 1.4 Subtronic field utility mapping - incl 10% mark-up 1169000$24,000 $26,350 1.5 30% Joint Trench Intent Drawing 3 16 36 44 0 0 99 $0 $14,130 1.6 100% Joint Trench Intent Drawing 1 3 12 22 0 0 38 $0 $5,200 1.7Sub Mark-up 0000000 $0 $750 1.8Printing & Delivery Allowance 0000000 $0 $300 11 31 106 165 6 24 326 $31,500 $83,480 2.1 Assist during Utility Deisign Phase Allowance 3 3 0 10 0 0 16 $0 $2,490 330100016 0 $2,490 3.1 Project Management & Coordination Meetings 6 6 0 3.7 0 0 15.7 $0 $2,842 3.2 30% Jt Plans Submittal 3 26 58 62 0 0 149 $0 $22,410 3.3 Potholing 0 1 6 36 0 0 43 $36,750 $42,560 3.4 90% Jt Plans Submittal 6 58 138 158 0 0 360 $0 $53,720 3.5 100% Form B Submittal 2 8 72 78 0 0 160 $0 $24,010 3.6 100% Jt Plans Submittal 3 28 50 80 0 0 161 $0 $25,104 3.7 90% and 100% Street Lighting Plans Submittal 0000000$13,200 $13,200 3.8Printing & Delivery Allowance 0000000 $0 $450 14 121 324 414 0 0 873 $184,296 $270,266 4.1 Project Management & Coordination Meetings 6 6 0 3.18 0 0 15.18 $0 $2,910 4.2Bidding Assistance 35550018 $0 $3,110 4.3 Design Services During Cosntruction (DSDC) Level 1 4 30 40 60 0 0 134 $0 $21,410 4.4 Design Services During Cosntruction (DSDC) Level 2 6 40 60 80 0 0 186 $0 $29,720 13 75 105 145 0 0 338 $57,150 $327,416  2018‐19 rates 190 184 142 125 170 268  2019‐20 rates 199.5 193.2 149.1 131.3 178.5 281.4  2020‐21 rates 209.0 202.4 156.2 137.5 187.0 294.8 Subconsultants Services Aerial Mapping Fee Year Field Utility Mapping $83,480 FY18‐19 Potholing $124,022 FY19‐20 Electrical Engineering for Street Light Plan $119,914 FY20‐21 Tasks TASK 4 - ENGINEERING SUPPORT DURING CONSTRUCTION Totals= TASKS 1‐4, TOTAL $36,750 TASK 1 - JOINT TRENCH INTENT DRAWING & BASE MAP Exhibit B - Compensation Schedule Joint Trench Engineering by Bellecci & Associates - November 27, 2018 "Mission Road Rule 20A UUD Project, City of South San Francisco"PROJ MNGRPROF ENGFIELD CREWTASKS DESCRIPTION OFF. SURVYR.ENG/SUR TECHTotal Hours BudgetASSOC ENGSUBCONSULTANTSTotals= NOTE: Breakdown of hours shown is for estimating purposes only. Distribution of hours will vary. Totals= TASK 2 - MANAGEMENT DURING UTILITY DESIGN PHASE TASK 3 - PREPARE JOINT TRENCH PLANS & FORM B $7,500 $13,200 TASKS 1‐3, TOTAL $24,000 Totals= 3.5‐3.8, 4.1‐4.4 2.1, 3.1‐3.4 1.1‐1.7 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:18-959 Agenda Date:12/12/2018 Version:1 Item #:5. Report regarding a resolution approving a consulting services agreement with EKI Environment &Water,Inc. of Burlingame,California for design and construction support services for the WQCP Plant-Wide Coating and Corrosion Protection Project (Project No.ss1307)in an amount not to exceed $659,600,authorizing the City Manager to execute the agreement,and authorizing a total budget of $758,540.(Richard Cho,Principal.Civil Engineer and Peter Vorametsanti, Swinerton Management & Consulting) RECOMMENDATION It is recommended that the City Council adopt a resolution approving a consulting services agreement with EKI Environment &Water,Inc.of Burlingame,California for design and construction support services for the WQCP Plant-Wide Coating and Corrosion Protection Project (Project No.ss1307)in an amount not to exceed $659,600,authorizing the City Manager to execute the agreement,and authorizing a total budget of $758,540 BACKGROUND/DISCUSSION Capital Improvement Program (CIP)project ss1307 calls for the design and construction (application)of new protective paint and coatings to extend the service life of the buildings,equipment,and pipes at the South San Francisco/San Bruno Water Quality Control Plant (WQCP or Plant)located at 195 Belle Air Road shown in Attachment 1.Staff advertised a request for proposals for design and construction support services for the project on August 20,2018 on the eBidboard website.In addition,the engineering division conducted outreach concerning the proposal opportunity to Corrpro/Aegion of San Leandro,V&A Consulting Engineers of Oakland, and EKI Environment & Water, all firms known to be qualified to perform corrosion protection work. Only one proposal was received from EKI Environment &Water,Inc.(“EKI”)by the due date of September 13,2018.The other contacted firms declined to submit proposals due to their heavy backlog of other commitments and their disinterest to work on wastewater treatment plant equipment due to its complexity.The EKI proposal was reviewed by a panel review committee drawn from the engineering and Plant divisions and was rated for project understanding,firm and staff qualifications,and experience with similar projects.EKI’s proposal was found to be complete and the firm well qualified to undertake the design and construction support task. The panel review summary is attached as Attachment 2. Coating plant equipment for corrosion resistance is logistically complicated because much of the equipment needs to be taken off line during treatment.Therefore,the scope of this design and construction support agreement includes design of temporary facilities and development of coordination plans to minimize disruption to Plant operations.Knowledge of treatment plant operations limits the number of corrosion protection engineering firms that would be qualified to perform this type of work.EKI has staff with experience and expertise in corrosion/coating as well as treatment plant operations,processes,and controls (Attachments 3 and 4).In addition,EKI is serving as the program manager for the wet weather and digester improvement project currently under construction at the plant.Therefore,they are well qualified to undertake this design project. Selection of consulting services is not based on the lowest bidder,but on the firm’s expertise,experience,and references.Staff negotiated a fee proposal and refined the scope of work to obtain a reasonable cost for theCity of South San Francisco Printed on 12/6/2018Page 1 of 2 powered by Legistar™ File #:18-959 Agenda Date:12/12/2018 Version:1 Item #:5. references.Staff negotiated a fee proposal and refined the scope of work to obtain a reasonable cost for the design effort.The fees are found to be consistent with industry standards and EKI extended a 10%discount on their standard fees for this agreement since their staff is already working at the Plant. This project will span three (3)years because coating can only be done during the summer months and there are numerous elements to be re-coated.The elements will have to be taken off-line in a managed fashion necessitating more time to complete the work.EKI will be preparing three separate construction bid packages under this agreement. The estimate of probable construction cost for this project is $6 million. FUNDING Sufficient funding for this design project is included in the City of South San Francisco 2018-19 Capital Improvement Program (CIP): EKI Design and Construction Support Consulting Services $659,600 Contingency (15%)$ 98,940 Total Project Agreement Funding $758,540 Available Total Project Budget in FY 2018/19 $4,129,100 The current five year CIP plan calls for additional appropriations in FY 2019/20 and FY 2020/21 such that,if approved, will provide a total project budget of $7,379,100. FISCAL IMPACT The painting and coating will be applied to existing equipment such that there will not be an impact of operations cost.Coating facilities and equipment to protect them from corrosion damage will extend their useful lives. CONCLUSION Staff recommends the City Council adopt a resolution authorizing the City Manager to execute a consulting services agreement with EKI Environment &Water based on their qualifications,experience,references and understanding of the project. Attachments: 1.Vicinity Map 2.Panel Review Summary 3.EKI Profile and Project Team Sheet 4.Example Project Similar to the Subject Project City of South San Francisco Printed on 12/6/2018Page 2 of 2 powered by Legistar™ Attachment 1 – Vicinity Map South San Francisco/San Bruno Water Quality Control Plant Consulting Agreement for WQCP Plant-Wide Coating and Corrosion Protection Project (Project No. ss1307) Attachment 2 - Panel Review Summary September 13, 2018 Reviewer 1 Reviewer 2 Reviewer 3 Maximum Score EKI Environment & Water EKI Environment & Water EKI Environment & Water 1. Project Understanding.25 25 25 24 2. Qualifications of Firm and Staff.25 24 25 24 3. Experience with similar projects.25 24 25 25 Total 75 73 75 73 Engineering Services for Design and Construction Support of WQCP Coating and Corrosion Protection Project (ss1307) 8CITY OF SOUTH SAN FRANCISCO ENGINEERING SERVICES FOR DESIGN OF WQCP COATING AND CORROSION PROTECTION PROJECT (CIP PROJECT SS1307) SECTION 3: PROJECT TEAM EKI has assembled a team of engineers with the experience, technical expertise and deep understanding of the unique challenges associated with coating projects in the Bay Area that can provide integrated. project delivery from design through construction and fficient coordination with the constraints of the WWDIP construction. The reporting relationships and roles of the key professionals are illustrated below, with qualifications, professional history and experience summarized in the resumes on the following pages. CONSULTING PROJECT MANAGER S. Peter Vorametsanti PROJECT ENGINEER Nelson Schlater, PE Melody Eldridge, PE PROJECT MANAGER Nelson Schlater, PE COATING & LINING LEAD (DESIGN & INSPECTION) Ed Darrimon COATING INSPECTOR Armando Austria PRINCIPAL-IN-CHARGE & QA/QC Steve Tarantino, PE ENGINEERING & CIP MANAGER Richard Cho, PE PLANT SUPERINTENDENT Brian Schumacker SECTION 3 PROJECT TEAM 16CITY OF SOUTH SAN FRANCISCO ENGINEERING SERVICES FOR DESIGN OF WQCP COATING AND CORROSION PROTECTION PROJECT (CIP PROJECT SS1307) SECTION 4: FIRM EXPERIENCE EKI provides comprehensive engineering services from program management and planning to engineering, design, and construction management for public and private utilities including potable water, wastewater, recycled water, and storm water utilities. Our team is experienced in review and prioritization of CIPs and establishing project prioritization criteria that address human safety, water supply reliability, aging infrastructure and needs for future growth. Our engineers’ experience providing technical management, planning, designing and construction oversight services for wastewater treatment plant (WWTP) improvements such as new aeration basins, secondary clarifier, additional sodium hypochlorite feed system, electrical system improvements, addition of the supervisor control and data acquisition (SCADA) system, new headworks and influent pump station, the addition of disk filters and ultraviolet (UV) disinfection, new outfall, and upgrades to the operations buildings, will be valuable to your project. Our capabilities also include developing tracking tool to track water demands and wastewater flow generation rates relative to developer agreements, assisting with wastewater rate studies, regulatory agency interaction and grant funding assistance and management. Our team’s recent wastewater experience related to this project in California is summarized in the table below. Detailed relevant experience of our team is presented at the end of this section. CLIENT/PROJGECT Master PlanHydraulic Model/AnalysisCIP Development/PrioritizationProgram ManagementDesign/Design ReviewConstruction OversightCoating InspectionRegulatory Agency InterfaceFacility Expansion/UpgradePermitting AssistanceGrant Funding Assistance/ManagmentCITY OF LATHROP •Wastewater and Recycled Water Program Management •MBR wastewater treatment plant Expansion •Five-year Wastewater Capacity Project •Integrated Water Supply Master Plan l l l l l l l CITY OF MERCED •Wastewater Treatment Plant Performance Improvement Projects •Wastewater Treatment Plant Tertiary Treatement and Solids Handling Facilities Upgrades •Wastewater Treatment Related to Tomato Processing Plant l l l l l l l CITY OF BRISBANE •Sewer System Master Plan Update l l l CITY OF SAN FRANCSICO •Southeast and Oceanside WWTP l ORO LOMA SANITARY DISTRICT •Oro Loma Water Pollution Control Plant l Project management and engineering services will be performed in EKI’s corporate headquarters located at 577 Airport Blvd., Suite 500 in Burlingame, California, less than eight miles from the City’s Engineering Office and ten minutes away from plant and pump station facilities. SECTION 4 FIRM EXPERIENCE 17CITY OF SOUTH SAN FRANCISCO ENGINEERING SERVICES FOR DESIGN OF WQCP COATING AND CORROSION PROTECTION PROJECT (CIP PROJECT SS1307) Gloria Way Iron and Manganese Groundwater Treatment System and Pad D Municipal Supply Well East Palo Alto, CA Eki is providing technical and design services to the City as part of the implementation of the City’s groundwater projects, including the rehabilitation of the Gloria Way well and construction of the Pad D well. We have: •Performed design services for the construction of a municipal supply well and above ground disinfection and distribution compo- nents at the Pad D well site. •Conducted a hydrogeologic investigation and installation of a well in support of the Pad D well design. The investigation included test well design and construction, aquifer testing, water quality sam- pling, groundwater modeling, preliminary design and cost estima- tion. •Prepared design documents for a manganese treatment system at the existing Gloria Way Well in the City. •Assisted with permitting of the Gloria Way Well and Pad D Munici- pal Supply Well. •Updated the City’s water system hydraulic model to include the two groundwater wells. We assisted the City in securing $1.5 million dollars in Proposition 84 grant funding to support the City in its conjunctive groundwater use and management efforts. Grant funds will be used for design and construction of the Gloria Way Well Project, and design of the Pad D Well Project. We also reviewed and developed a prioritization of the various CIPs and established project prioritization criteria that addressed human safety, water supply reliability, as well as those addressing aging infrastructure and needs for future growth. RefeRence: Kamal Fallaha, Director Of Public Works 960 Tate Street, East Palo Alto, CA 94303 (650) 853-3117 Date of SeRviceS: 2014 to present conStRuction coSt: $3.1 million SECTION 4 FIRM EXPERIENCE 18CITY OF SOUTH SAN FRANCISCO ENGINEERING SERVICES FOR DESIGN OF WQCP COATING AND CORROSION PROTECTION PROJECT (CIP PROJECT SS1307) Digester Improvements and FOG/Food Waste-to- Energy (F2E) Facility Project Central Marin Sanitation Agency, CA With a previous employer, Mr. Schlater designed and provided multidiscipline coordination of construction documents for digester improvements, which consisted of new digester membrane covers; digester pump mixing; digester gas sulfide removal; and FOG/ F2E facilities. FOG/F2E facilities consisted of a collection tank with mixing system, and an equipment bay with pumping and conditioning equipment. Processed FOG/food waste is conveyed to the digesters which will increase digester gas production and corresponding digester energy production via the existing cogeneration system. RefeRence: Chris Finton, Treatment Plant Manager 130 Anderson Drive, San Rafael, CA 94901 (415) 459-1455 x 101 Date of SeRviceS: 2011 - 2013 conStRuction coSt: $5 million Oro Loma Water Pollution Control Plant Oro Loma Sanitary District, San Lorenzo, CA BACC has been providing failure analysis, specifications, coating and lining inspection and consulting services on a yearly basis for over twelve years (annual contract). The project invovles six clarifiers, four digesters, head works, wet wells. The District has not experienced a cost overrun or failure since employing BACC. RefeRence: Jimmy Dang, Engineering Manger 2655 Grant Avenue, San Lorenzo, CA 95073 (510) 481-6981 Date of SeRviceS: 2006 - Present conStRuction coSt: Varies - SECTION 4 FIRM EXPERIENCE 19CITY OF SOUTH SAN FRANCISCO ENGINEERING SERVICES FOR DESIGN OF WQCP COATING AND CORROSION PROTECTION PROJECT (CIP PROJECT SS1307) Southeast and Oceanside WWTPs City of San Francisco, San Francisco, CA BACC has completed numerous projects for the City of San Francisco over the past 19 years including the ongoing work at the Southeast and Oceanside plants. BACC has provided coating and lining inspection, failure analysis, coating surveys and consulting. Completed projects include reservoir linings and coating inspection, pipeline inspection, inspection of penstocks and water and wastewater treatment plants and failure analysis. Facilities include six steel tanks, wastewater treatment plants, three digesters, fourteen clarifiers, contact basins and outfalls. RefeRence: Elmer Cheung, PE, 875 Stevens Street, San Francisco CA 94103 (415) 551-4668 Date of SeRviceS: 1999 - Present conStRuction coSt: Varies Fresno/Clovis Regional Wasterwater Facility City of Fresno, Fresno, CA BACC has been providing failure analysis, specifications, inspection and consulting services on a yearly basis for over twenty years. Facilities include three clarifiers, five digesters, head works, and dafts. The City has not experienced a cost overrun or failure since employing BACC. RefeRence: Kevin Nogard/Orlando Gonzalez, Engineering Manger 5607 Jensen Avenue, Fresno, CA 95073 (559) 621-5216 or (559) 621-5297 Date of SeRviceS: 1998 - Present conStRuction coSt: Varies City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:18-960 Agenda Date:12/12/2018 Version:1 Item #:5a. Resolution approving a consulting services agreement with EKI Environment &Water,Inc.of Burlingame, California for the Water Quality Control Plant,Plant-Wide Coating and Corrosion Protection Project (Project No.ss1307)in an amount not to exceed $659,600,authorizing the City Manager to execute the agreement,and authorizing a total budget of $758,540. WHEREAS,the Capital Improvement Program (CIP)project ss1307 calls for the design and construction (application)of new protective paint and coatings to extend the service life of the buildings,equipment,and pipes, at the South San Francisco/San Bruno Water Quality Control Plant; and WHEREAS,the City advertised a request for proposals for the final design and construction support services on August 20,2018 on the eBidboard website and received one proposal from EKI Environment Water,Inc.of Burlingame, California; and WHEREAS,staff convened an evaluation panel to review and rate the proposal which finds that EKI Environment & Water, Inc. is well qualified to perform this scope of work; and WHEREAS,after completing this qualifications evaluation,staff negotiated a fee proposal of $659,600 which is a reasonable cost for the specified scope of work. 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,attached herewith as Exhibit A,with EKI Environment &Water,Inc.of Burlingame,California in an amount not to exceed $659,600,conditioned on the consultant’s timely execution of the consulting services agreement and submission of all required documents, including but not limited to,certificates of insurance and endorsements,in accordance with the Project documents. 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 agreement and any other related documents on behalf of the City upon timely submission by EKI Environment &Water,Inc.’s signed contract and all other documents, subject to approval as to form by the City Attorney. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to take any other required actions consistent with the intent of this resolution, that do not materially increase the City’s obligations. ***** City of South San Francisco Printed on 12/6/2018Page 1 of 1 powered by Legistar™ Consulting Services Agreement between [Rev:5.23.2017] December 12, 2018 City of South San Francisco and EKI Environment & Water, Inc. Page 1 of 19 EXHIBIT A - CONSULTING SERVICES AGREEMENT BETWEENTHE CITY OF SOUTH SAN FRANCISCO AND EKI ENVIRONMENT & WATER, INC. THIS AGREEMENT for consulting services is made by and between the City of South San Francisco (“City”) and EKI Environment & Water, Inc. (“Consultant”) (together sometimes referred to as the “Parties”) as of December 12, 2018 (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 December 31, 2021, the date of completion specified in Exhibit A, and Consultant shall complete the work described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as provided for in Section 8. 1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession. Consultant shall prepare all work products required by this Agreement in a substantial, first-class manner and shall conform to the standards of quality normally observed by a person practicing in Consultant's profession. 1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Sections 1.1 and 1.2 above and to satisfy Consultant’s obligations hereunder. Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $659,600, 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, or Consultant’s compensation schedule attached as Exhibit B, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered Consulting Services Agreement between [Rev:5.23.2017] December 12, 2018 City of South San Francisco and EKI Environment & Water, Inc. Page 2 of 19 pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 2.1 Invoices. Consultant shall submit invoices, not more often than once per month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:  Serial identifications of progress bills (i.e., Progress Bill No. 1 for the first invoice, etc.);  The beginning and ending dates of the billing period;  A task summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;  At City’s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense;  The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder, as well as a separate notice when the total number of hours of work by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds eight hundred (800) hours, which shall include an estimate of the time necessary to complete the work described in Exhibit A;  The amount and purpose of actual expenditures for which reimbursement is sought;  The Consultant’s signature. 2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant. City shall have no obligation to pay invoices submitted ninety (90) days past the performance of work or incurrence of cost. 2.3 Final Payment. City shall pay the last ten percent (10%) of the total sum due pursuant to this Agreement within sixty (60) days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed. Consulting Services Agreement between [Rev:5.23.2017] December 12, 2018 City of South San Francisco and EKI Environment & Water, Inc. Page 3 of 19 2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment. 2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the compensation schedule attached hereto and incorporated herein as Exhibit B. 2.6 Reimbursable Expenses. The following constitute reimbursable expenses are authorized by this Agreement: mileage, parking, tolls, printing, out of area travel, conference calls, postage, express mail, delivery. Reimbursable expenses shall not exceed $1,000.00. Expenses not listed above are not chargeable to City. Reimbursable expenses are included in the total amount of compensation provided under Section 2 of this Agreement that shall not be exceeded. 2.7 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 D. 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. . 2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to that date. 2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. Consulting Services Agreement between [Rev:5.23.2017] December 12, 2018 City of South San Francisco and EKI Environment & Water, Inc. Page 4 of 19 2.10 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 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 Consulting Services Agreement between [Rev:5.23.2017] December 12, 2018 City of South San Francisco and EKI Environment & Water, Inc. Page 5 of 19 incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities. Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall provide Certificates of Insurance, attached hereto and incorporated herein as Exhibit C, indicating that Consultant has obtained or currently maintains insurance that meets the requirements of this section and under forms of insurance satisfactory, in all respects, to the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s). 4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000) per accident. In the alternative, Consultant may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator (as defined in Section 10.9). The insurer, if insurance is provided, or the Consultant, if a program of self- insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement. 4.2 Commercial General and Automobile Liability Insurance. 4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting there from, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non- owned automobiles. Consulting Services Agreement between [Rev:5.23.2017] December 12, 2018 City of South San Francisco and EKI Environment & Water, Inc. Page 6 of 19 4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 or GL 0002 (most recent editions) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 8 and 9. No endorsement shall be attached limiting the coverage. 4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy: a. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. b. Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers. 4.3 Professional Liability Insurance. 4.3.1 General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals 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. Consulting Services Agreement between [Rev:5.23.2017] December 12, 2018 City of South San Francisco and EKI Environment & Water, Inc. Page 7 of 19 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 Consulting Services Agreement between [Rev:5.23.2017] December 12, 2018 City of South San Francisco and EKI Environment & Water, Inc. Page 8 of 19 must be paid by a named insured as a precondition of the insurer’s liability, or which has the effect of providing that payments of the self-insured retention by others, including additional insureds or insurers do not serve to satisfy the self- insured retention, such provisions must be modified by special endorsement so as to not apply to the additional insured coverage required by this agreement so as to not prevent any of the parties to this agreement from satisfying or paying the self- insured retention required to be paid as a precondition to the insurer’s liability. Additionally, the certificates of insurance must note whether the policy does or does not include any self-insured retention and also must disclose the deductible. During the period covered by this Agreement, only upon the prior express written authorization of Contract Administrator, Consultant may increase such deductibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Consultant procure a bond, guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them. 4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 4.4.7 Wasting Policy. No insurance policy required by Section 4 shall include a “wasting” policy limit. 4.4.8 Variation. The City may approve a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that the City’s interests are otherwise fully protected. 4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; 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. Consulting Services Agreement between [Rev:5.23.2017] December 12, 2018 City of South San Francisco and EKI Environment & Water, Inc. Page 9 of 19 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. Consulting Services Agreement between [Rev:5.23.2017] December 12, 2018 City of South San Francisco and EKI Environment & Water, Inc. Page 10 of 19 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. Section 8. TERMINATION AND MODIFICATION. 8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. Consulting Services Agreement between [Rev:5.23.2017] December 12, 2018 City of South San Francisco and EKI Environment & Water, Inc. Page 11 of 19 Consultant may cancel this Agreement for cause upon 30 days’ written notice to City and shall include in such notice the reasons for cancellation. In the event of termination, Consultant shall be entitled to compensation for services performed to the date of notice of termination; City, however, may condition payment of such compensation upon Consultant delivering to City all materials described in Section 9.1. 8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period. 8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties. 8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not assign or subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator. 8.4.1 Subcontracting A. Nothing contained in this Agreement or otherwise, shall create any contractual relationship between City and any subconsultant(s), and no subcontract shall relieve Consultant of its responsibilities and obligations hereunder. Consultant agrees to be as fully responsible to City for the acts and omissions of its subconsultant(s) and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by Consultant. Consultant’s obligation to pay its subconsultant(s) is an independent obligation from City’s obligation to make payments to the Consultant. B. Consultant shall perform the work contemplated with resources available within its organization and no portion of the work pertinent to this contract shall be Consulting Services Agreement between [Rev:5.23.2017] December 12, 2018 City of South San Francisco and EKI Environment & Water, Inc. Page 12 of 19 subcontracted without written authorization by City’s Contract Administrator, except that, which is expressly identified in the approved Scope of Work. C. Consultant shall pay its subconsultants within ten (10) calendar days from receipt of each payment made to Consultant by City. D. Any subcontract in excess of $25,000 entered into as a result of this contract shall contain all the provisions in this contract to be applicable to subconsultants. E. Any substitution of subconsultant(s) must be approved in writing by City’s Contract Administrator prior to the start of work by the subconsultant(s). 8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement. 8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following: 8.6.1 Immediately terminate the Agreement; 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; 8.6.3 Retain a different consultant to complete the work described in 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 Consulting Services Agreement between [Rev:5.23.2017] December 12, 2018 City of South San Francisco and EKI Environment & Water, Inc. Page 13 of 19 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. 9.3.1 Retention of Records/Audit For the purpose of determining compliance with Public Contract Code 10115, et seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq., when applicable and other matters connected with the performance of the contract pursuant to Government Code 8546.7; Consultant, subconsultants, and City shall maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of the Agreement, including but not limited to, the costs of administering the Agreement. All parties shall make such materials available at their respective offices at all reasonable times during the term of the Agreement and for three years from the date of final payment under the Agreement. The state, State Auditor, City, FHWA, or any duly authorized representative of the Federal Government shall have access to any books, records, and documents of Consultant and its certified public accountants (CPA) work papers that are pertinent to the contract and indirect cost rates (ICR) for audit, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested. Subcontracts in excess of $25,000 shall contain the provision. 9.3.2 Audit Review Procedures. A. Any dispute concerning a question of fact arising under an interim or post audit of this Agreement that is not disposed of by agreement, shall be reviewed by City’s Finance Director. B. Not later than 30 days after issuance of the final audit report, Consultant may request a review by City’s Finance Director of unresolved audit issues. The request for review will be submitted in writing. Consulting Services Agreement between [Rev:5.23.2017] December 12, 2018 City of South San Francisco and EKI Environment & Water, Inc. Page 14 of 19 C. Neither the pendency of a dispute nor its consideration by City will excuse Consultant from full and timely performance, in accordance with the terms of this contract. 9.4 Records Submitted in Response to an Invitation to Bid or Request for Proposals. All responses to a Request for Proposals (RFP) or invitation to bid issued by the City become the exclusive property of the City. At such time as the City selects a bid, all proposals received become a matter of public record, and shall be regarded as public records, with the exception of those elements in each proposal that are defined by Consultant and plainly marked as “Confidential,” "Business Secret" or “Trade Secret." The City shall not be liable or in any way responsible for the disclosure of any such proposal or portions thereof, if Consultant has not plainly marked it as a "Trade Secret" or "Business Secret," or if disclosure is required under the Public Records Act. Although the California Public Records Act recognizes that certain confidential trade secret information may be protected from disclosure, the City may not be in a position to establish that the information that a prospective bidder submits is a trade secret. If a request is made for information marked "Trade Secret" or "Business Secret," and the requester takes legal action seeking release of the materials it believes does not constitute trade secret information, by submitting a proposal, Consultant agrees to indemnify, defend and hold harmless the City, its agents and employees, from any judgment, fines, penalties, and award of attorneys fees awarded against the City in favor of the party requesting the information, and any and all costs connected with that defense. This obligation to indemnify survives the City's award of the contract. Consultant agrees that this indemnification survives as long as the trade secret information is in the City's possession, which includes a minimum retention period for such documents. Section 10 MISCELLANEOUS PROVISIONS. 10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including arbitration or an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County San Mateo or in the United States District Court for the Northern District of California. 10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any Consulting Services Agreement between [Rev:5.23.2017] December 12, 2018 City of South San Francisco and EKI Environment & Water, Inc. Page 15 of 19 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. 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 Richard Cho ("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 Consulting Services Agreement between [Rev:5.23.2017] December 12, 2018 City of South San Francisco and EKI Environment & Water, Inc. Page 16 of 19 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 EKI Water & Environmental 577 Airport Boulevard, Suite 500 Burlingame, CA 94010 City: City Clerk City of South San Francisco 400 Grand Avenue South San Francisco, CA 94080 10.11 Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example. Seal and Signature of Registered Professional with report/design responsibility. 10.12 Integration. This Agreement, including all Exhibits attached hereto, and incorporated herein, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral pertaining to the matters herein. 10.13 Counterparts. This Agreement may be executed in 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.. 10.14 Construction. The headings in this Agreement are for the purpose of reference only and shall not limit or otherwise affect any of the terms of this Agreement. The parties have had Consulting Services Agreement between [Rev:5.23.2017] December 12, 2018 City of South San Francisco and EKI Environment & Water, Inc. Page 17 of 19 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. 10.15 No Third Party Beneficiaries. This Agreement is made solely for the benefit of the Parties hereto with no intent to benefit any non-signatory third parties. 10.16 Cost Principles and Administrative Requirements. A. Consultant agreed that the Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., shall be used to determine the cost allowability of individual items not otherwise identified in the Scope of Work. B. Consultant also agrees to comply with federal procedures in accordance with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. C. Any costs for which payment has been made to Consultant that are determined by subsequent audit to be unallowable under 49CFR, Part 18 and 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., are subject to repayment by Consultant to City. D. All subcontracts in excess of $25,000 shall contain the above provisions. 10.17 Rebates, Kickbacks or Other Unlawful Consideration. Consultant warrants that this Agreement was not obtained or secured through rebates, kickbacks or other unlawful consideration, either promised or paid to any City employee. For breach or violation of this warranty, City shall have the right in its discretion; to terminate the Agreement without liability; to pay only for the value of the work actually performed; or to deduct from the total compensation stated in this Agreement; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration. 10.18 Statement of Compliance. A. Consultant’s signature affixed herein, and dated, shall constitute a certification under penalty of perjury under the laws of the State of California that Consultant has, unless exempt, complied with the nondiscrimination program requirements of Government Code Section 12990 and Title 2, California Administrative Code, Section 8103. B. During the performance of this Agreement, Consultant and its subconsultants shall not unlawfully discriminate, harass or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. Consultant and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Consultants and subconsultants shall comply with the provisions of the Fair Consulting Services Agreement between [Rev:5.23.2017] December 12, 2018 City of South San Francisco and EKI Environment & Water, Inc. Page 18 of 19 Employment and Housing Act (Gov. Code §12990 (a-f) et seq.) and the applicable regulations promulgated there under (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code §12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Contract by reference and made a part hereof as if set forth in full. Consultant and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement. C. The Consultant shall comply with regulations relative to Title VI (nondiscrimination in federally-assisted programs of the Department of Transportation – Title 49 Code of Federal Regulations, Part 21 – Effectuation of Title VI of the 1964 Civil Rights Act). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the State of California shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance of their assignees and successors in interest. D. The Consultant, with regard to the work, performed by it during the Agreement shall act in accordance with Title VI. Specifically, the Consultant shall not discriminate on the basis of race, color, national origin, religion, sex, age, or disability in selection and retention of Subconsultants, including procurement of materials and leases of equipment. The Consultant shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the U.S. DOT’s Regulations, including employment practices when the Agreement covers a program whose goal is employment. 10.19 Debarment and Suspension Certification. A. Consultant’s signature affixed herein, shall constitute a certification under penalty of perjury under the laws of the State of California, that Consultant has complied with Title 2 CFR, Part 180, “OMB Guidelines to Agencies on Government wide Debarment and Suspension (nonprocurement)”, which certifies that he/she or any person associated therewith in the capacity of owner, partner, director, officer, or manager, is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any manner involving fraud or official misconduct within the past three (3) years. Any exceptions to this certification must be disclosed to City. B. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining Consultant responsibility. Disclosures must indicate to whom exceptions apply, initiating agency, and dates of action. Consulting Services Agreement between [Rev:5.23.2017] December 12, 2018 City of South San Francisco and EKI Environment & Water, Inc. Page 19 of 19 C. Exceptions to the Federal Government Excluded Parties List System maintained by the General Services Administration are to be determined by the Federal Highway Administration. The Parties have executed this Agreement as of the Effective Date. CITY OF SOUTH SAN FRANCISCO Consultants ____________________________ _____________________________________ Mike Futrell, City Manager NAME: Attest: _____________________________ City Clerk Approved as to Form: ____________________________ City Attorney 2729962.1 EXHIBIT A SCOPE OF SERVICES EXHIBIT B COMPENSATION SCHEDULE EXHIBIT C INSURANCE CERTIFICATES EXHIBIT D FORM 590 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:18-1027 Agenda Date:12/12/2018 Version:1 Item #:6. Report regarding a resolution authorizing the acceptance of $170,000 in grant funding from the Silicon Valley Community Foundation for the fourth year of the Big Lift Little Steps Preschool at the Community Learning Center,and amending the Parks and Recreation Department’s Fiscal Year 2018-19 Operating Budget pursuant to budget amendment #19.032.(Sharon Ranals, Director of Parks and Recreation) RECOMMENDATION It is recommended that the City Council adopt a resolution authorizing the acceptance of $170,000 in grant funding from the Silicon Valley Community Foundation for the fourth year of the Big Lift Little Steps Preschool at the Community Learning Center,and amending the Parks and Recreation Department’s Fiscal Year 2018-19 Operating Budget pursuant to budget amendment #19.032. BACKGROUND/DISCUSSION The Big Lift is a collective impact collaborative led by the three agencies -the Silicon Valley Community Foundation,the San Mateo County Office of Education,and the County of San Mateo,with the goal of closing the achievement gap and improving literacy by increasing the percentage of third grade children reading proficiently in San Mateo County to 80 percent by 2020.Funding for the Big Lift is provided by the County of San Mateo’s Measure A Sales Tax and community -based organizations,and is targeted at enhancing the quality of existing preschool programs and increasing the number of new preschool spaces available.The program previously included federal funding sources; however, federal funds are no longer available as of 2017. For the initial phase of the grant,funding was open to eleven of the school districts in San Mateo County with the lowest reading scores.Seven districts applied and four were chosen to receive the Big Lift funds.South San Francisco Unified School District (SSFUSD)is one of four school districts selected to receive funding after a competitive process.The South San Francisco Unified School District collaborative includes SSFUSD,City of South San Francisco,Peninsula Family Service,and the Institute for Human and Social Development (IHSD/Head Start). Each partner agency contracts separately with the funder. Little Steps Preschool The City used Big Lift funds to open and operate the Little Steps Preschool at the Community Learning Center, which welcomed new students in April 2016.Little Steps Preschool is administered by the Parks and Recreation Department (the Department)and has a licensed capacity of 20 students.Families eligible for this subsidized program must qualify as low income households pursuant to California Department of Housing and Urban Development (HUD)income ceilings and are assessed tuition on a sliding scale based on family size and household income. Fees for Little Steps Preschool are aligned with preschool fees charged by the Parks and Recreation Department’s other preschool programs,which is $630/month for full-time care,Monday through Friday,7:30 a.m.to 6:00 p.m.Out of the 20 students enrolled in Little Steps Preschool,half are fully subsidized and do not pay a fee,and the other half pay fees on a sliding scale from $84 to $362.Now now that the program is in its third year,the preschool will have its largest graduating class,with eleven students expected to graduate into City of South San Francisco Printed on 12/6/2018Page 1 of 3 powered by Legistar™ File #:18-1027 Agenda Date:12/12/2018 Version:1 Item #:6. Kindergarten in fall 2019. History of Grant Funding The City has been granted Big Lift funding as follows: Fiscal Year Grant Amount 2014-15 $20,500(startup costs) 2015-16 $252,175 2016-17 $286,000 2017-18 $200,000 2018-19 $170,000 (current fiscal year, 10 months of funding) TOTAL $928,675 In fiscal years 2015-16 and 2016-17,the grant amount was determined by a funding calculator.However, funding became jeopardized in 2017-18 with the loss of funding from the Social Innovation Fund (SIF),which was one of the largest federal funding sources for the Big Lift.Given this cut in funding,the City was granted $200,000 in 2017-18 based on prior year expenditures with the understanding that the City could provide a $20,000 cash match, which was met through the Department’s operating budget. Current Grant Funding For fiscal year 2018-19,the City has been granted $170,000 for 10 months of services.This is different from the usual 12-month grant period because the grant had previously been on a fiscal year period of September - August.This year’s 10-month grant period will adjust the grant’s fiscal year to match the City’s fiscal year so that the grant period still begins in September,but will end in June,with next year’s grant period operating from July 2019 -June 2020.Thus,while the 2018-19 annual grant amount has been reduced,the monthly grant amount has been increased, changing from $16,667/month in 2017-18 to $17,000/month in 2018-19. The Big Lift grant includes the requirement that each partner agency contribute both an in-kind and a cash match.The cash match and in-kind support can easily be met with the provision of administrative support including salary and benefits,and operating expenses.The value of the cash match and in-kind support is estimated to be $66,000 and can be met through the Department’s operating budget. Future Funding Future funding at this point is unknown.Staff will be communicating with Big Lift to determine the likelihood of funding and the timeline in order to determine how the program shall move forward.If grant funding is eliminated at the end of the current year grant and alternative grant funding cannot be secured,the Little Steps Preschool could convert to a fee-based program,similar to Siebecker and Westborough Preschools.A 2017 preschool survey of fees of local preschools ranges from $0 for fully subsidized programs to $1035 per month. The Department’s preschool fees fall near the middle at $630 per month for full-time care. State-Funded Preschool Option Another option the City may consider is looking into is State-funded preschool similar to SSFUSD programs. Staff does not recommend this option.Currently,the Department’s preschool program operates under California Department of Social Services,Community Care Licensing Division,Title 22 regulations.State-funded preschool programs operate under Title 22 and Title 5,which has more stringent teacher qualifications and administrative responsibilities that would require a reorganization of the Department’s preschool program including more administrative support and full-time teachers to meet the Title 5 requirements.Such City of South San Francisco Printed on 12/6/2018Page 2 of 3 powered by Legistar™ File #:18-1027 Agenda Date:12/12/2018 Version:1 Item #:6. including more administrative support and full-time teachers to meet the Title 5 requirements.Such reorganization would likely be at an additional cost to the City.This move could also affect the Department’s fee schedule because State-funded preschool fees are based on a sliding scale based on income and can be as high as $1100 per month.This could result in some families paying more than the Department’s other fee-based preschool programs. Communication Strategy Since fundraising attempts are ongoing for Big Lift,grant allocations are often not communicated until later in the fiscal year.Staff will maintain ongoing communication with Big Lift in order to determine the likelihood and timeline of receiving funding for fiscal year 2019-20.If staff does not receive confirmation of funding by March 2019,staff may return to Council with a recommendation to consider alternatives for operating Little Steps Preschool. In the meantime,staff is aware that the childcare being provided at Little Steps Preschool is crucial to the current families enrolled.Beginning in January,staff will alert families to the possibility of converting Little Steps Preschool into a fee-based program and providing information on other preschool and subsidy options.If funding is secured,staff will inform families that they can continue with the program with no impact to their fees.If funding is not secured,staff will assist families by referring them to other agencies and subsidy organizations. FINANCIAL IMPACT In July 2018 (towards the end of the Big Lift fiscal year 2017-18),Big Lift informally communicated the potential grant amount for 2018-19,but the official grant agreement that is the subject of this report was not received until November 2018.Operations of Little Steps Preschool have already commenced into fiscal year 2018-19.Council’s authorization to receive $170,000 for Fiscal Year 2018-19 will allow for continued operation of the Little Steps Preschool through the end of the current fiscal year.Big Lift grant funding can be renewed,pending satisfactory compliance and availability of funding.Receipt of these funds does not commit the City to ongoing funding. CONCLUSION It is recommended that the City Council authorize the acceptance of the Big Lift grant funds for Fiscal Year 2018-19,which will allow the Parks and Recreation Department to continue to operate the Little Steps Preschool at the Community Learning Center and provide 20 students with affordable preschool education.The Parks and Recreation Department will continue to work collaboratively with our Big Lift partners to increase outreach and enhance the quality of City and community preschools. City of South San Francisco Printed on 12/6/2018Page 3 of 3 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:18-1092 Agenda Date:12/12/2018 Version:1 Item #:6a. Resolution authorizing the acceptance of $170,000 in grant funding from the Silicon Valley Community Foundation for the fourth year of the Big Lift Little Steps Preschool at the Community Learning Center,and amending the Parks and Recreation Department’s Fiscal Year 2018-19 Operating Budget pursuant to budget amendment #19.032. WHEREAS,the Big Lift initiative,a collaborative led by the Silicon Valley Community Foundation,the San Mateo County Office of Education and the County of San Mateo,aims to close the achievement gap and improve third-grade reading proficiency in San Mateo County by supporting preschools and reading readiness activities; and WHEREAS,the Department of Parks and Recreation was awarded $20,500 for Fiscal Year 2014-15,$252,175 for Fiscal Year 2015-16,$286,000 for Fiscal Year 2016-17,$200,000 for Fiscal Year 2017-18,and $170,000 for Fiscal Year 2018-19 for a total of $928,675 in grant funds to open and operate the Little Steps Preschool at the Community Learning Center; and WHEREAS,the Fiscal Year 2018-19 award represents 10 months of funding,from September 1,2018 through June 30, 2019; and WHEREAS,these grant funds will be utilized to amend the Department's 2018-19 operating budget to fund the Little Steps Preschool and support reading readiness,parent engagement,improved attendance,and enhanced preschool teacher trainings,as allowed by the terms of the grant agreement,a draft attached herewith as Exhibit A; and WHEREAS,acceptance of these funds does not commit the City to ongoing funding after the close of the grant cycle; and WHEREAS,receipt of these grant funds will enable the Parks and Recreation Department to implement preschool programs,which would not otherwise be funded,and to work collaboratively with our Big Lift partners to increase outreach and enhance the quality of City and community preschools. NOW,THEREFORE,BE IT RESOLVED,by the City Council of the City of South San Francisco that the City Council hereby authorizes the acceptance of $170,000 in grant funding from Silicon Valley Community Foundation,the Social Innovation Fund,and County of San Mateo Measure A Sales Tax revenue to support preschool and reading readiness activities. BE IT FURTHER RESOLVED,that the City Council amends the Parks and Recreation Department’s 2018-19 Operating Budget by $170,000. City of South San Francisco Printed on 1/17/2019Page 1 of 2 powered by Legistar™ File #:18-1092 Agenda Date:12/12/2018 Version:1 Item #:6a. BE IT FURTHER RESOLVED,that the City Council hereby authorizes the City to execute the documents necessary to accept the grant funding and take any other actions necessary to carry out the intent of this resolution on behalf of the City Council, subject to approval as to form by the City Attorney. ***** City of South San Francisco Printed on 1/17/2019Page 2 of 2 powered by Legistar™ November 8, 2018 Ms. Sharon Ranals Director of Parks and Recreation City of South San Francisco Parks & Recreation Department P.O. Box 711 South San Francisco, CA 94083 Dear Ms. Ranals: On behalf of Silicon Valley Community Foundation, we are pleased to award City of South San Francisco a grant not to exceed $170,000.00 from the Big Lift collaborative for the Parks and Recreation Department to support high quality preschool and inspiring summer programming that includes embedded family engagement practices that support learning at home and reducing chronic absenteeim. We are delighted to support City of South San Francisco with this award to improve outcomes for children in San Mateo, made possible through San Mateo County Measure K tax dollars. Please sign, date, and return the attached grant agreement to Lauren Witt at lwitt@siliconvalleycf.org as soon as possible. This grant agreement and attachments represent City of South San Francisco’s contract with SVCF detailing how the funds will be spent. You may not use the funds in any way other than as described in the grant agreement, approved budget, and scope of work unless you receive written permission from SVCF. The foundation will require detailed reports including the project’s impact on the participants and the community and expenditure report of spending. A report form is enclosed. On behalf of The Big Lift and Silicon Valley Community Foundation, we are pleased to help support City of South San Francisco and we look forward to hearing about the impact our funds have on the community. Sincerely, Erica Wood Chief Community Impact Officer Silicon Valley Community Foundation Grant #: 2018-191985 (5258) Exhibit A - Page 1 2 Silicon Valley Community Foundation Grant Agreement Grant Number: 2018-191985 Amount: up to $170,000.00 Date: November 8, 2018 2018-192253 Grantee Name: City of South San Francisco Grantee Contact: Ms. Sharon Ranals Director of Parks and Recreation City of South San Francisco Parks & Recreation Department P.O. Box 711 South San Francisco, CA 94083 Phone: 650.829.6603 Email: sharon.ranals@ssf.net Foundation Staff: Elisa Espinoza Communications and Business Development Manager Silicon Valley Community Foundation 2440 West El Camino Real, Suite 300 Mountain View, CA 94040 Phone: 650.450.5506 Email: eespinoza@siliconvalleycf.org Grant Purpose: For for the Parks and Recreation Department to support high quality preschool and inspiring summer programming that includes embedded family engagement practices that support learning at home and reducing chronic absenteeim. Grant Period: September 1, 2018 to June 30, 2019 Projected Grant Outcomes: Please reference the Scope of Work (SOW) Special Conditions: (1) This is a 10-month grant period. Payments will be paid in two installments. The first installment will be paid on receipt of the signed grant agreement. The second installment will be paid upon receipt and approval of the mid-year progress report. The second payment is contingent on the report including a financial report detailing grant expenditures that match the approved budget and providing a general ledger report documenting City of South San Francisco is meeting the 10% cash match requirement. (2)Renewed funding for each additional year is dependent upon the grantees compliance with all provisions in the attached The Big Lift Grantee Terms and Conditions and the continued availability of funding (Exhibit A). SVCF reserves the right to discontinue, modify, or withhold any payments due under this grant, or to require repayment of any unexpended grant funds if necessary to comply with any law or Exhibit A - Page 2 3 regulation applicable to this grant. Funding that is not spent during the grant period must be returned to SVCF (3) Grantees commit to providing cash and in-kind match that total 20% of Big Lift grant expenditures, of which a minimum must be a 10% cash contribution. Reporting Requirements Silicon Valley Community Foundation requires progress reports at specified dates. Please note that future grant requests will not be considered if a grantee has failed to submit a required report. Please submit the following report(s): Mid-Year Progress Report Due: January 31, 2019 Final Report Due: July 31, 2019 Payment Schedule: This grant will be paid in two installments up to the amount specified, at the end of the grant period upon verification of the special conditions. Please note that payments are contingent upon the continuing availability of outside grant funds. First payment: $85,000.00 upon receipt of signed grant agreement Second payment: up to $85,000.00 upon receipt and approval of mid-year progress report and financial report Hold Harmless Grantee hereby irrevocably and unconditionally agrees, to the fullest extent permitted by law, to defend, indemnify and hold harmless the community foundation, its officers, directors, trustees, employees, and agents from and against any and all claims, liabilities, losses and expenses (including reasonable attorney’s fees) directly, indirectly, wholly or partially arising from or in connection with the grant, the application of funds furnished pursuant to the grant, the program or project funded or financed by the grant or in any way relating to the subject of this Agreement. This paragraph shall survive the termination of this Agreement. Inspection, Audit and Retention of Records: Grantee agrees to provide for an audit of its activities. The grantee agrees to conduct these audits annually. Accounts and records of all grantees that disburse or utilize grant funds must be accessible to authorized officials for the purpose of audit of the grantees records pertaining to the use of grant funds. Financial records, supporting documents, statistical records, and all other organizational records pertinent to this award must be retained for a period of three (3) years from the date of submission of the final expenditure report, and made available to SVCF and/or the County of San Mateo upon request. Nondiscrimination: Exhibit A - Page 3 4 The grantee agrees to certify that no person shall be excluded from participation in, denied the benefits of, subjected to discrimination under, or denied employment in connection with any activity receiving funds from SVCF on the basis of race, color, religion, national origin, sex, handicap, veteran status, sexual orientation or age. The grantee agrees to comply with all federal statutes relating to nondiscrimination, including E.O. 11246, ‘‘Equal Employment Opportunity’’ (30 FR 12319, 12935, 3 CFR, 1964–1965 Comp., p. 339), as amended by E.O. 11375, ‘‘Amending Executive Order 11246 Relating to Equal Employment Opportunity,’’ and as supplemented by regulations at 41 CFR part 60, ‘‘Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.’’ Intellectual Property: By signing below, City of South San Francisco and Silicon Valley Community Foundation agree that all copyright and other interests in materials produced as a result of this grant shall be owned by the grantee organization. To ensure the widest possible distribution of such materials and ensure that they enter and remain in the public domain, the grantee organization and any individuals who may have some interest hereby grant to the Foundation a non-exclusive, transferable, perpetual, irrevocable, royalty-free, paid-up worldwide license to use or publish the materials or other work products arising out of or resulting from the grantees use of the grant funds and any earnings thereon, including all intellectual property rights, and to sublicense to third parties the rights described herein. The grantee, at Foundation’s request, agrees to execute any additional documents required to affect such license. Acknowledgement of Grant Support: Please acknowledge San Mateo County, San Mateo County Office of Education and Silicon Valley Community Foundation’s support of your program in publications such as newsletters, program activity announcements and in all media coverage. We suggest you use the following wording: “This project has been made possible in part by a grant from The Big Lift initiative with funding from San Mateo County Measure K tax dollars and supported by Silicon Valley Community Foundation and San Mateo County Office of Education.” By signing below, City of South San Francisco acknowledges the approved budget and Scope of Work (SOW) submitted to the community foundation and this grant agreement are now the contract with Silicon Valley Community Foundation detailing the purpose(s) of the grant, including what activities are supported by this grant. Please inform the community foundation if there are changes in agency personnel who are important to the administration of the grant, or if the grant funds cannot be expended for the purpose or in the time period described in the grant agreement. Grantee may not use the funds in any way other than as described in the grant agreement and approved budget unless the grantee receives written permission from the community foundation. Accepted on behalf of City of South San Francisco by: ______________________________ ______________________________ Signature Printed or Typed Name (Must be signed by Executive Director, President or Board President) ______________________________ ______________________________ Title Date Exhibit A - Page 4 Grant Number: 2018-191985 1 Silicon Valley Community Foundation Report Guidelines Reports are due to the community foundation according to the report schedule set forth in your Grant Agreement. Please note that your grant agreement advises you that reports are required by Silicon Valley Community Foundation, and that future grant requests will not be considered if a grantee has failed to submit a required report. Please complete the section below, and acquire the necessary signature. Return this page along with the final completed report to the community foundation. Grantee Name: City of South San Francisco Grant Amount: up to $170,000.00 Grant Number: 2018-191985, 2018-192253 Grant Period: September 1, 2018 to June 30, 2019 Purpose of the grant: for the Parks and Recreation Department to support high quality preschool and inspiring summer programming that includes embedded family engagement practices that support learning at home and reduce chronic absenteeim Person completing this report: __________________________________________________________________ (Name, Title, Phone) Mid-Year Progress Report Due: January 31, 2019 Mid-Year Progress Report Success Story (Use attached Guidelines) Expenditure Report: Please provide a general ledger report of grant expenditures and how it aligns with your approved budget. If your actual expenses were different than those anticipated, please explain in the narrative column of the form and submit a budget revision request form. Spending that does not align with your approved budget could make you ineligible for future Big Lift grant awards. Cash Match Documentation (Must equal 10% of program costs) Final Report Due: July 31, 2019 Final Narrative Report Expenditure Report: Please provide a general ledger report of grant expenditures and how expenditures align with your approved budget. If your actual expenses were different than those anticipated, please explain in the narrative column of the form. Spending that does not align with your approved budget could make you ineligible for future Big Lift grant awards. Success Story (Use attached guidelines) __________________________________________ _____________________ Signature of Executive Director or President Date Please return report to: thebiglift@siliconvalleycf.org If you have any questions about completing this report, please do not hesitate to contact community foundation staff at 650.450.5506. Exhibit A - Page 5 Exhibit A: The Big Lift Terms and Conditions 2018 Subgrantee Progress Report Subgrantee Organization: _________________________________________________ Reporting Period: __________________________________________________________ Contact Name: _____________________________________________________________ Email Address: ______________________________________________________________ Please provide a narrative for each of the questions below, referring to activities that have occurred within this six month reporting period. Please also attach your Scope of Work and describe progress to date in each program activity (Including appropriate dates, numbers, and a description of your deliverables – bullet points are fine) Narrative questions: 1) Describe any significant successes and highlights during this reporting period 2) Describe any significant challenges 3) Describe partnership and collaboration activities of The Big Lift in your community Exhibit A - Page 6 4) Describe how participating in The Big Lift has contributed to building capacity at your organization 5) Submit at least two stories of a child and/or family who has benefited from The Big Lift, and a digital photo for each if possible. Please adhere to the guidelines on the following page. Story 1: Exhibit A - Page 7 Story 2: Exhibit A - Page 8 Success Story Guidelines The purpose of obtaining Success Stories is to communicate the impact of your work advanced by Big Lift funding. Please provide, in total, two of the following (can be one of each type or two of the same): Family/Child Success Stories: These are stories about positive outcomes told from the parent’s perspective. Whenever possible, these should be crafted by the parents themselves. If any of your parents are willing to use their real names, please ask them to complete the Parents as Story Tellers Form (can be made available to you as needed). Otherwise, you may tell the story from your perspective, utilizing the questions provided below. Grantee/Provider Success Story: These are stories told from the Grantee’s or Service Provider’s perspective and focus on the staff efforts that supported the client’s success. We are interested in hearing the untold stories of how your staff went above and beyond to give your clients the best services possible. REQUIRED SUCCESS STORY ELEMENTS For Family/Child Stories focus on clients whose situations were significantly, positively impacted by the funded service/program. For Grantee/Provider Stores, focus on staff efforts that enabled the client to succeed, such as how staff work improved the service delivery, better coordinated care, or overcame barriers, etc. Whenever possible have the family tell their own story Include a quote whenever possible to strengthen the story Change the name/s of the clients in your story if confidentiality is of concern SUCCESS STORY QUESTIONS The following questions are designed to help you tell your Success Story. You do not have to answer all the questions; they are meant to be thought provoking and help frame your story. 1. What was the family/client’s crisis or problem? 2. What challenges were present that exacerbated the situation/what barriers did your client face? 3. What actions did your client take prior to contacting you that still didn’t yield results? 4. What services did you provide to your client and how did they make a difference? 5. How did your program respect the client’s culture, customs, language and strengths? 6. What agencies did you collaborate with in order to provide the best services possible? 7. As a service provider, how do you feel when your services have a positive effect? 8. What systemic issues did you face and how did you overcome them? 9. What was the final outcome for your client/what ended up happening Exhibit A - Page 9 Exhibit A: The Big Lift Terms and Conditions 2018 Exhibit A Terms and Conditions 2018 Exhibit A - Page 10 Exhibit A: The Big Lift Terms and Conditions 2018 Table of Contents I. Introduction ............................................................................................... Error! Bookmark not defined. III. Programmatic Terms and Conditions ................................................... Error! Bookmark not defined. a. Definitions and Roles ............................................................................ Error! Bookmark not defined. c. Programmatic Compliance .................................................................. Error! Bookmark not defined. d. Family Eligibility ..................................................................................... Error! Bookmark not defined. e. Programmatic Amendments ............................................................... Error! Bookmark not defined. f. Progress Reports .................................................................................... Error! Bookmark not defined. IV. Fiscal Terms and Conditions ................................................................... Error! Bookmark not defined. a. Fiscal Compliance .................................................................................. Error! Bookmark not defined. c. Direct Costs Priority .............................................................................. Error! Bookmark not defined. g. Supplantation ........................................................................................ Error! Bookmark not defined. h. Matching Requirements ....................................................................... Error! Bookmark not defined. i. Program Income ..................................................................................... Error! Bookmark not defined. j. Budgets and Budget Amendments ..................................................... Error! Bookmark not defined. V. Reporting Requirements .......................................................................... Error! Bookmark not defined. a. Programmatic Reporting ...................................................................... Error! Bookmark not defined. b. Fiscal Reporting ..................................................................................... Error! Bookmark not defined. Exhibit A - Page 11 Exhibit A: The Big Lift Terms and Conditions 2018 I. Introduction The Big Lift is a collective impact approach where school districts partner with nonprofit preschool programs and community-based agencies to work toward the long-term goal of third grade reading success. This collaborative is led by three agencies – Silicon Valley Community Foundation (SVCF), the San Mateo County Office of Education (SMCOE) and the County of San Mateo, and funding for this grant is made available through San Mateo County Measure K tax dollars.. There are five conditions that, together, lead to meaningful results from collective impact and that are integral to The Big Lift’s approach: a shared vision for change or common agenda, shared measurement, mutually reinforcing activities, continuous communication and backbone support. To achieve this ambitious goal, The Big Lift has committed to advancing the national Campaign for Grade-Level Reading framework, which specifies the following evidence-based interventions, or “four pillars”: 1) A comprehensive school readiness strategy focused on high-quality preschool for 3- and 4-year-olds, leading to an aligned and sequenced set of high-quality learning experiences in kindergarten through third grade; 2) A focus on reducing chronic absence in the early grades, based on research about the importance of attendance in the early years to improving academic outcomes; 3) Development of inspiring summer learning opportunities that enable children to maintain their academic and developmental gains from high-quality preschool throughout the early grades; and 4) Strengthening family and community engagement through investments in strategies that support meaningful partnerships between families and schools. Grantees of these funds will be expected to participate in all aspects of The Big Lift, to support the implementation of all four of the above pillars, to work collaboratively with SVCF, SMCOE and the County of San Mateo and to be active partners in leading this change effort. More information about The Big Lift can be found at www.thebiglift.org. SVCF reserves the right, at any time, to terminate grants with grantees that are not in compliance with the requirements set forth in The Big Lift Terms and Conditions. III. Programmatic Terms and Conditions a. Definitions and Roles Intermediary: The Silicon Valley Community Foundation (SVCF) is the intermediary entity for the for the Big Lift award. SVCF is responsible for ensuring that the award meets all applicable regulations, statutes and administrative authorities, in conformance with the approved application. Co-Lead: The entities that are responsible for coordinating and collaborating with organizations in their communities to perform the activities of the Big Lift award are “co-lead” entities. The co-lead is expected to provide leadership to The Big Lift collaborative and ensure that activities are aligned and that the community is making steady progress towards third grade reading proficiency. Grantee: Any entity that receives a Big Lift grant award to provide a direct service is a “grantee” and is accountable to SVCF for the use of funds provided. Each grantee is expected to work collaboratively with its co-lead agency(ies) to carry out the work outlined in its grant agreement, scope of work and budget. Exhibit A - Page 12 Exhibit A: The Big Lift Terms and Conditions 2018 c. Programmatic Compliance By entering into a grant agreement, the grantee has agreed to participate and contribute to the larger Big Lift community collaborative, to support progress on all four pillars of The Big Lift and to comply with the following: Eligibility. Big Lift eligible communities are defined by school district boundaries and include: Bayshore, Brisbane, Cabrillo, Jefferson Elementary, La Honda-Pescadero, Pacifica, Ravenswood, Redwood City, San Bruno Park, San Mateo-Foster City and South San Francisco. Big Lift preschool classrooms will be required to meet and maintain a Tier 3 or higher rating on the San Mateo County Quality Rating and Improvement System (QRIS). Licensure in good standing. Preschool grantees must have a license to operate preschool facilities and must ensure that licensed sites are in good standing with Community Care Licensing. Involvement in evaluation efforts. Grantees must participate in evaluation efforts led by SVCF, SMCOE and the designated external evaluator, which may include participating in surveys, focus groups, interviews, assessments and/or classroom observations. Grantees will not be required to conduct their own evaluation but will be expected to collect and provide access to information as outlined in their scope of work and as necessary. This will include, but not be limited to: timely reporting of required data in the designated data system, conducting twice a year observational assessments using a valid and reliable child assessment tool, and making progress toward conducting a developmental screening on each child in a Big Lift-funded classroom using an approved tool. Compliance with grantee monitoring activities. Monitoring activities include, but are not limited to, site visits by SVCF or San Mateo County staff, progress reports on implementation of goals and objectives, and submission of financial records, as required by SVCF. SVCF will conduct both in-person site visits and occasional desk reviews of grantees throughout the course of the contract to ensure compliance with these Terms and Conditions. Grantees are required to address all site visit or desk review report findings by the deadline as set forth by SVCF. State and other federal funding compliance. Grantees must maintain compliance with other funding sources. Grantees receiving Title 5 or Head Start funds must maintain good standing with the California Department of Education/Child Development Division and/or the Administration for Children and Families. Failure to do so may jeopardize Big Lift funding. Timely reporting. SVCF will track and monitor timely and accurate submissions of data, progress reports and requests for reimbursement, and efforts will be made to correct and implement improvements to any areas of concern identified at a site visit or at any other point during the grant cycle. Patterns of late and/or inaccurate reporting as well as minimal or no effort to improve compliance with these Terms and Conditions will be taken into consideration when making future funding recommendations, and in egregious cases may affect continued funding for the current grant year. Utilization of The Big Lift name and logo. Grantees must use The Big Lift name and logo on all public facing materials, signs, banners, press releases, social media, and publications related to their Big Lift program. Exhibit A - Page 13 Exhibit A: The Big Lift Terms and Conditions 2018 The Big Lift logo can be found here. Communication collaboration. Grantees must participate in The Big Lift’s efforts to disseminate information about Big Lift program(s) and The Big Lift through social media and other communication channels. This includes obtaining photo releases to be provided to SVCF for the purposes of communicating information about The Big Lift, when applicable, through social media, publications, reports, etc. Prohibited Program Activities. While charging time to this Award, grantees may not engage in the following activities: 1. Attempting to influence legislation. 2. Organizing or engaging in protests, petitions, boycotts, or strikes. 3. Assisting, promoting or deterring union organizing. 4. Impairing existing contracts for services or collective bargaining agreements. 5. Engaging in partisan political activities or other activities designed to influence the outcome of an election to any public office. 6. Conducting a voter registration drive or using Big Lift funds to conduct a voter registration drive. 7. Participating in, or endorsing, events or activities that is likely to include advocacy for or against political parties, political platforms, political candidates, proposed legislation, or elected Officers. 8. Engaging in religious instruction; conducting worship services; providing instruction as part of a program that includes mandatory religious instruction or worship; constructing or operating facilities devoted to religious instruction or worship; maintaining facilities primarily or inherently devoted to religious instruction or worship; or engaging in any form of religious proselytization. 9. Providing a direct benefit to: a. A for-profit entity; b. A labor union; c. A partisan political organization; d. An organization engaged in the religious activities described in the preceding sub clause; unless funds are not used to support the religious activities; or e. A nonprofit entity that fails to comply with the restrictions contained in section(c)(3) of U.S.C. Title 26. 10. Providing abortion services or referrals for receipt of such services. 11. Grant funds may not be used for international travel or projects where the primary beneficiaries of an activity are outside of the United States 12. Such other activities as the Big Lift may prohibit Individuals my exercise their rights as private citizens and may participate in the above activities on their own initiative, on non-Big Lift time, and using non-Big Lift (or matching) funds. d. Family Eligibility The Big Lift strives for a diversity of income levels to be represented within classrooms, while giving overall priority for new spaces to low-income families. The goal is to increase accessibility for low- and middle- income families. The Big Lift’s definition of low-income households is those earning 80 percent of San Mateo County’s most current median income. The Big Lift programs are required to enroll only children whose family income meets this definition. The Big Lift uses HUD income guidelines to establish eligibility. Income guidelines for 2018 are as follows: Exhibit A - Page 14 Exhibit A: The Big Lift Terms and Conditions 2018 Family size of 2: $93,950 annually or $7,829 monthly Family size of 3: $105,700 annually or $8,808 monthly Family size of 4: $117,400 annually or $9,783 monthly Family size of 5: $126,800 annually or $10,567 monthly e. Programmatic Amendments The scope of work outlined in the grantees contract details the activities to be carried out and goals to be accomplished over the course of the contractual period. Grantees are required to obtain written approval from SVCF before making any changes to the scope, objectives or goals of their program, whether or not a budgetary change is involved. SVCF must also be notified if the Executive Director, Program or Fiscal Contact is changed to ensure contact information is updated, regardless of whether or not the individual(s) are on the approved budget. See the Budgets and Budget Amendments section for more information on changes that require a formal budget amendment. f. Progress Reports Grantees will be required to submit twice-yearly narrative reports that describe progress toward meeting identified goals from the approved scope of work and success and challenges in implementing their Big Lift- funded program. Grantees will also be asked to share interesting or inspiring stories and anecdotes that reflect the value of their program. These stories will be shared with San Mateo County and other interested parties, and may be disseminated and/or published via The Big Lift’s social media channels and The Big Lift reports. IV. Fiscal Terms and Conditions a. Fiscal Compliance The grantee agrees to account for its grant funds, and meet reasonable fiscal and administrative requirements, as described below. The grantee further agrees to establish fiscal control and fund accounting procedures which meet minimum requirements of these Terms and Conditions. Accounting procedures should be established and those procedures must provide for an accurate and timely recording of receipt of funds by source, of expenditures made from such funds, and of unexpended balances. These requirements and all provisions in these Terms and Conditions are also applicable to all matching funds for this federal award, the details for which are outlined below under Matching Requirements. c. Direct Costs Priority Grantees must allocate at least 90% of their total Big Lift budget to providing direct services to children, parents and/or providers. The Big Lift award is not intended to defray administrative costs 1 within an organization, and funding requests to pay for direct service activities will be given priority over requests for related administrative costs. When other sources of support are not available for these costs, no more than 10% of the total Big Lift budget can be allocated toward administrative costs. 1 Administrative costs are defined as activities that do not provide a direct benefit to children, parents or providers, and include any allowance for indirect costs and audits, as well as general administration and expenses. Exhibit A - Page 15 Exhibit A: The Big Lift Terms and Conditions 2018 g. Supplantation Funds must be used to supplement and not to supplant funds that have been appropriated for the same purpose. Therefore, awarded funds cannot be used to supplant - or replace - existing state and local funds already allocated for the same purpose. In addition, these grant funds should not be used to purchase items or services that would otherwise be purchased with the grantees own funds for this project. Expenditure of funds for the acquisition of new equipment or services, when equipment and/or personnel required for the successful execution of projects are already available, or budgeted for within the grantee organization, will be considered supplanting and will be disallowed. It will be expected of Big Lift grantees, however, to pursue other sources of funding where applicable. For example, state preschools, when eligible, should apply for additional funding when it comes available for the expansion of new spaces. h. Matching Requirements Grantees agree to provide a 10% cash match and a 10% in-kind match of total Big Lift program expenses. Cash Match vs. In-kind Match Cash match includes unrestricted new or existing funds spent for program-related costs. They cannot be previously obligated funding that is redirected for purposes of meeting this match requirement. Possible sources of cash match include (but are not limited to): private or philanthropic grants or contributions, federal, state or local government grants or contracts for supportive services, or state or local government rent subsidy programs. In-kind match includes, but is not limited to, the valuation of in-kind real property, equipment, supplies, services, and other expendable property. “In-kind” is the value of something received or provided that does not have a cost associated with it. For example, if in-kind match is permitted by law (other than cash payments), the fair market value of donated services/office space could be used to comply with the in- kind match requirement. Also, third party in-kind contributions may count toward satisfying match requirements provided the Grantee receiving the contributions expends them as allowable costs. All matching funds, provided by the grantee must be tracked accordingly. SVCF and SMCOE will work with grantees to ensure compliance with this requirement. Grantees must maintain an audit trail for all matching contributions, whether cash or in-kind, and all supporting documentation must be maintained and made available for review and monitoring by SVCF. The matching requirement amounts will be tracked on an on- going basis, but must be fully expended within 12 months from the start of the award period. i. Program Income Grantees that choose to charge fees must use The Big Lift Family Fee Scale. Income generated from family fees must be reported during each reporting period may not be used as match for The Big Lift. Exhibit A - Page 16 Exhibit A: The Big Lift Terms and Conditions 2018 Twice Per Year January 31, 2019 July 31, 2019 j. Budgets and Budget Amendments Grantees may not begin to incur costs for a program until the budget has been approved by SVCF, referred to as the “original budget” or the “originally approved budget,” and included as part of the grantees contract. Any deviations from this originally approved budget are required to be reported to SVCF, and, in some cases, may require prior approval and a formal budget amendment before such changes can be made and costs incurred. All changes must be reported to SVCF within two weeks of the time the grantee/program director is notified of the change, in writing via e-mail. Any submission beyond two weeks from the change date may impact the possibility of reimbursement and will be subject to SVCF approval. When requesting approval for budget revisions, the grantee must use the SVCF-approved form for budget requests, to be submitted via e-mail to SVCF along with a written explanation for the requested change(s). SVCF will review the request and notify the grantee whether or not the budget revisions have been approved. SVCF will not consider any budget revision requests submitted three months prior to end of the grant period. The last day to submit a budget revision for the FY 18/19 grant period will be March 31, 2019. V. Reporting Requirements a. Programmatic Reporting Programmatic Changes As stated above in Programmatic Amendments, any changes to the scope, objectives or goals of the program must be submitted to SVCF and require prior approval before changes are to be made. Changes to staffing of the program must be reported to SVCF in writing within two weeks of knowledge of the change (in order to ensure timely payment of affected invoices). Progress Reports Due Twice Per Year Twice annually, on January 31 and July 30, Big Lift grantees must submit progress reports: 1. A narrative report using The Big Lift Progress Report Template and an updated scope of work will be collected. b. Fiscal Reporting Grant Period: September 1, 2018 – June 30, 2019 Financial Reports due Semi-Annually with progress report Period: September 1 – December 31, 2018 Due: January 31, 2019 Period: January 1 – June 30, 2019 Due: July 31, 2019 Exhibit A - Page 17 Exhibit A: The Big Lift Terms and Conditions 2018 Budget Changes As stated above in Budgets and Budget Amendments, any major changes to the originally approved budget must be submitted to SVCF and require prior approval before changes are to be made. All other changes must be reported to SVCF in writing as soon as possible (in order to ensure timely payment of affected invoices). Record Retention: As a grantee, it is important to maintain financial records, supporting documents, and all other records pertinent to your award. Grantees must retain all financial books, documents, papers and records directly related to this Agreement for a period of three (3) years after SVCF makes its final disbursement. Exhibit A - Page 18 Agency Name: Program/Project Name: Amount of Request: $ 170,000 Budget Period: Submission Date: I. PERSONNEL A. Amount Requested B. Cash Match Amount* C.Total Program Budget (A+B) Position Title Salary Range # FTEs A. Preschool Teacher 2 $48,246 1.00 48,246.00$ -$ 48,246$ B. Preschool Teacher 1 $43,862 1.00 43,862$ -$ 43,862$ C. Recreation Leader III $27,831 1.50 41,746$ -$ 41,746$ D. Rec & Sc Coord.$72,945 0.20 12,155$ -$ 12,155$ E. Rec & CS Supervisor $89,980 0.15 -$ 11,245$ 11,245$ F. -$ -$ G. -$ -$ H. -$ -$ I. -$ Benefits @25%$71,307 23,991$ 47,316$ 71,307$ 170,000$ 58,561$ 228,561$ A. Amount Requested B. Cash Match Amount* C. Total Program Budget (A+B) -$ -$ 3,500$ 3,500$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 1,250$ 1,250$ -$ 1,250$ 1,250$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 2,085$ 2,085$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 8,085$ 8,085$ I. Consultants (itemize): J. Subcontractors (itemize): G. Travel B. Office Supplies and Materials C. Telephone/Communications E. Printing/Copying F. Equipment Lease K. Other (itemize): • Fiedltrips expenses • Subtotal - Operating Expenses • • * List Cash Match Amount Available: Non Big Lift funds available to support the project. At the bottom of the form under section V, please list the funding source for all funds included in this column and any amounts from this column. H. Training/Conference BUDGET REQUEST FORM September 1, 2018 - June 30, 2019 (10-months) City of South San Francisco Little Steps Preschool A. Rent and Utilities II. OPERATING EXPENSES 8/31/2018 • Subtotal - Personnel • • D. Postage/Mailing • • Page 1 of 4 Budget Request Form Exhibit A - Page 19 A. Amount Requested B. Cash Match* C. Total Program Budget (A+B) -$ -$ -$ -$ A. Amount Requested B. Cash Match* C. Total Program Budget (A+B) 170,000$ 66,646$ 236,646$ Amount $ 58,561.00 8,085.00$ 66,646.00$ Amount $7,644 $ 7,644.00 Date Prepared: Prepared By: Date Approved: Approved By: (Attach copy of approved indirect cost rate proposal if percentage exceeds 10%) Subtotal - Indirect Costs III. INDIRECT COSTS 9/13/2018 Elisa Espinoza BIG LIFT USE ONLY 8/31/2018 Laura Armanio V. CASH MATCH: Please list the funding sources and their amounts for funds identified in Column B. Also indicate which cash match funds are not yet secured. Cash-Match support should equal 10% of total program costs and should be new or unrestricted funding for Big Lift program expenses Total In-Kind Match Source Status VI. IN KIND SUPPORT: Please identify any in-kind support that is available to this project (example: volunteer hours, donated office space or equipment). In-Kind Support should equal 10% of total program costs General Fund- Food Service CACFP snack reimb rate .91 Committed General Fund- operating Expenses Committed General Fund - benefits /salary Total Cash Match 5.94% Total of sections I - IV Source Calculation IV. TOTAL COSTS Page 2 of 4 Budget Request Form Exhibit A - Page 20 Agency Name: Program/Project Name: Amount of Request: Budget period: Submission Date: I. PERSONNEL A. Amount Requested Position Title A. Preschool Teacher 2 $ 48,246 B. Preschool Teacher 1 $ 43,862 C. Recreation Leader III $ 41,746 D. Rec & Sc Coord. $ 12,155 Coord E. Rec & CS Supervisor $ - F. $ - G. $ - H. $ - I. $ - Benefits @25% $ 23,991 Subtotal - Personnel $ 170,000 II. OPERATING EXPENSES A. Amount Requested A. Rent and Utilities $ - B. Office Supplies and Materials $ - C. Telephone/Communications $ - D. Postage/Mailing $ - E. Printing/Copying $ - F. Equipment Lease $ - G. Travel $ - H. Training/Conference $ - I. Consultants (itemize): $ - • $ - • $ - J. Subcontractors (itemize): $ - • $ - • $ - • $ - K. Other (itemize): $ - • Fiedltrips expenses $ - 0 $ - • $ - • $ - • $ - Subtotal - Operating Expenses $ - IV. INDIRECT COSTS A. Amount Requested 5.94% $ - Subtotal - Indirect Costs $ - V. TOTAL PROGRAM COSTS Preschool Teacher 2 salary for 10 months PS2 is DQ BUDGET NARRATIVE FORM Description / Explanation Preschool Teacher 1 salary for 10 months A. Amount Requested Benefits Description / Explanation Recreation Leader as aid to the program Allocation Method / Formula Used City of South San Francisco Little Steps Preschool $ 170,000 September 1, 2018 - June 30, 2019 (10-months) 8/31/2018 Page 3 of 4 Budget Narrative Form Exhibit A - Page 21 Total of sections I - IV $ 170,000 Page 4 of 4 Budget Narrative Form Exhibit A - Page 22 Staff or agency responsibleTarget #1 Provide leadership to the local Big Lift collaborative to ensure that activities are aligned and the community is making steady progress towards third grade reading proficiencyCity of South San Francisco SSFUSD PFSSupervisor to attend2 Convene and facilitate meetings of the collaborative monthly City of South San Francisco SSFUSD PFSSupervisor to attend3 Participate in quarterly countywide Big Lift Collaborative meetings and quarterly Big Lift Knowledge Network grantee meetings. City of South San Francisco SSFUSD PFSSupervisor to attend4 Provide leadership to the community in identifying and securing matching funds.City of South San Francisco SSFUSD PFSCity has committed funds to cover costs of running the program5 Engage families in decision-making processes related to The Big Lift.City of South San Francisco SSFUSD PFSengage at least one parent on community collaborative6Meet The Big Lift lead agency reporting and evaluation requirements.City of South San Francisco SSFUSD PFSSupervisor to report7Participate in monthly Collaborative PLC led by SVCF and SMCOE City of South San Francisco SSFUSD PFSSupervisor to attendThe Big LiftScope of WorkSeptember 1, 2018 - June 30, 2019Major activitiesCollaborative Lead Agencies Goal: Big Lift activities are aligned and the community is making steady progress towards third grade reading proficiency for all childrenAgency: City of South San Francisco Exhibit A - Page 23 Staff or agency responsibleTarget #1 Enhance the quality of existing preschool spaces for 3-and 4-year old children (list the number of part and full-day spaces in column D)City of South San Francisco20 Full Day Students2 Implement new quality preschool spaces for 3 and 4-year old children (list the number of part and full-day new spaces in column D).City of South San Francisco20 Full Day Students3 Maintain quality standards sufficient to meet a minimum of Tier 3 on the San Mateo Quality Rating and Improvement System (QRIS) and make progress toward achieving higher tiers.City of South San FranciscoLast evaluated at a tier 34 Teachers, site supervisors & program director staff participate in professional development, technical assistance and coaching offered through The Big Lift to meet the goals established in each program's Quality Improvement Plan.City of South San FranciscoStaff willcontinue to attend trainings, receive coaching abd participate in professional development5Participate in Big Lift community collaborative meetings and convenings to support progress toward achieving the goal of improved third grade reading proficiencyCity of South San Francisco Supervisor to attendThe Big LiftScope of WorkSeptember 1, 2018 - June 30, 2019Major activitiesPreschool Goal 1 - Quality Preschool: Children are prepared for kindergarten with the social-emotional, academic, linguistic and physical foundations they need to be successful.Agency: City of South San Francisco Exhibit A - Page 24 Staff or agency responsibleTarget #1 Implement Raising a Reader and RAR Plus early literacy program for children in new and enhanced preschool spacesCity of South San Francisco20 students to participate2 Implement READY4K! family engagement strategy for children in new and enhanced preschool spacesCity of South San Francisco20 students to participate3 Work with The Big Lift to identify and implement additional family engagement strategies that build upon family strengths, culture and language and establish authentic partnerships with families through a PLC structureCity of South San FranciscoSupervisor and Coordinator to plan and implement4 Conduct parent conferences for each child twice per year and share individual school readiness information with parents of children who will be entering kindergarten.City of South San Francisco20 students to participate5Provide meaningful and culturally responsive engagement opportunities for families that strengthen their ability to support and advocate for their children's well-being and academic success. City of South San Francisco20 students to participateThe Big LiftScope of WorkSeptember 1, 2018 - June 30, 2019Major activitiesPreschool Goal 2 - Family Engagement: Families have the tools and information they need to support and advocate for their children's well-being and academic successAgency: City of South San Francisco Exhibit A - Page 25 Staff or agency responsible Target #1 Participate in Big Lift efforts to improve preschool attendance through the partnership with In Class TodayCity of South San Francisco all staff2 Track and make available data on attendance and chronic absenteeism City of South San Francisco Coordinator3 Educate families about the importance of attendance in preschool and the early elementary yearsCity of South San Francisco all staff4 Collect and report student attendance data through the Cocoa database City of South San Francisco Coordinator and teachers5 Use iPads to record daily attendance and interface with the Cocoa database, pending approval by CDE City of South San Francisco Coordinator and teachersThe Big LiftScope of WorkSeptember 1, 2018 - June 30, 2019Major activitiesPreschool Goal 3- Attendance: Families understand the importance of an prioritize attendance in preschool and early elementary schoolAgency: City of South San Francisco Exhibit A - Page 26 Staff or agency responsibleTarget #1 Identify specific strategies for P3 alignment such as articulation efforts with feeder elementary schools and providing preschool assessment data to support smooth transitions to kindergarten.City of South San Francisco SSFUSD PFSSubmit plan to SVCF with first progress report in JanuaryThe Big LiftScope of WorkSeptember 1, 2018 - June 30, 2019Major activitiesPreschool Goal 4 - Articulation and Alignment: Big Lift activities are aligned and the community is making steady progress towards third grade reading proficiency for all childrenAgency: City of South San Francisco Exhibit A - Page 27 Staff or agency responsible Target #1 Participate in the evaluation of The Big Lift to ensure that progress is documented and that data are available to support curriculum and program development, identify children's unique strengths and needs and measure the effectiveness of The Big Lift.City of South San Francisco Supervisor to attend2 Collect and enter individual level child, family and teacher data into the Cocoa data system, as required by The Big Lift.City of South San Francisco 20 children3 Participate in the external evaluation of The Big Lift, which may include surveys, focus groups, interviews, assessments and observations. City of South San Francisco Supervisor to attend4 Conduct observational assessments twice per year of all children in Big Lift classrooms using a valid and reliable child assessment tool aligned with the CA Foundations and Frameworks (e.g. DRDP-PS).City of South San Francisco 20 children teachers and coordinator5 Make progress towards conducting developmental screenings of children in Big Lift classrooms to identify possible developmental delays, disabilities or other special needs in order to help them access needed early intervention services. Programs must use a Big Lift approved tool (e.g. ASQ and ASQ-SE).City of South San Francisco 20 children teachers and coordinatorThe Big LiftScope of WorkSeptember 1, 2018 - June 30, 2019Major activitiesPreschool Goal 5 - Evaluation and Assessment: Evaluation efforts demonstrate the effectiveness of Big Lift approach and interventions. Child-level assessments inform curriculum and program development and identify each child's unique needs Agency: City of South San Francisco Exhibit A - Page 28 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:18-805 Agenda Date:12/12/2018 Version:1 Item #:7. Report regarding a resolution approving and authorizing the City Manager to execute the Installment Sale Agreement No.SWRCB0000000000D180100400 with the California State Water Resources Control Board in an amount of $53,403,000 for financing the construction costs of the Wet Weather and Digester Improvements Project (CIP Project No.ss1301)and approving budget amendment 19.029 to amend the fiscal year 2018-19 Capital Improvement Project budget.(Justin Lovell, Public Works Administrator) RECOMMENDATION It is recommended that the City Council approve and authorize the City Manager to execute the Installment Sale Agreement No.SWRCB0000000000D180100400 with the California State Water Resources Control Board in the amount of $53,403,000 for financing the construction costs of the Wet Weather and Digester Improvements Project (CIP Project No.ss1301)and approve budget amendment 19.029 amending the fiscal year 2018-19 Capital Improvement Project budget. BACKGROUND/DISCUSSION At the June 28,2017 City Council meeting,the City Council adopted the five-year sewer rate plan for fiscal years (FY)2017-18 through 2021-22.The sewer rate plan included $83 million of capital improvement projects over five years.Part of the rate plan is to finance the South San Francisco/San Bruno Wet Weather and Digester Improvements (“Project”). The Project is mandated by the San Francisco Bay Regional Water Quality Control Board (RWQCB)in the City’s NPDES Permit No.CA0038130,Order No.R2-2014-0012.The permit requires the Water Quality Control Plant (“WQCP”)to reduce wet weather blending (chemically enhanced treated wastewater blended with wastewater from biological treatment units or advanced treatment units).The City has continued to make steady progress towards the completion of this project.On July 11,2018,City Council awarded a construction contract to Flatiron West Inc. for the Project and the project is anticipated to be complete by October 2022. Staff pursued financing of the South San Francisco/San Bruno Wet Weather and Digester Improvements project by applying for a low interest state revolving loan fund (SRF)from the State Water Resources Control Board (“SWRCB”).On March 22,2017,the City Council adopted resolution 27-2017 authorizing the City Manager to sign agreements and make submittals of an application for financing with the SWRCB.Subsequently,staff submitted an application to SWRCB and returned to City Council on July 12,2017.The City Council adopted resolutions 89-2017 and 90-2017 declaring the intent to reimburse the Sewer Enterprise Fund from the loan and pledging Sewer Service Charge revenue to repay the loan. Over the last several months since City Council awarded the construction contract to Flatiron West Inc.,staff has been in the final contract negotiations with SWRCB legal counsel.The agreement has been finalized and is ready for execution.The final agreement is attached to the resolution.Staff has until January 4,2019 to return the signed agreement back to the SWRCB to execute the agreement. FISCAL IMPACT The $53.4 million SRF loan is a 20 year term with a 1.8%interest rate and an annual debt service of $2.97 City of South San Francisco Printed on 12/6/2018Page 1 of 2 powered by Legistar™ File #:18-805 Agenda Date:12/12/2018 Version:1 Item #:7. The $53.4 million SRF loan is a 20 year term with a 1.8%interest rate and an annual debt service of $2.97 million.The debt service in payments will begin once construction is complete.The debt service amount has been built into the Sewer Enterprise fund cash flow model and staff forecasts there are sufficient revenues in the current five year sewer rate plan to cover the additional debt service. The Project includes components that will result in future operations and maintenance cost savings.The Project qualified for a principal loan forgiveness of $4 million due to project components that will improve the electrical generation of the co-gen at the WQCP,which will result in approximately $200,000 annual electrical cost savings at the WQCP. As noted in the Capital Improvement Program and Operating budget for FY 2018-19,the SRF funds have been removed from the Project’s budget until the loan documents are finalized.Now that the loan documents are finalized,staff is requesting that City Council authorize a budget amendment to appropriate the full $53.4 million SRF loan and the remaining funding sources for the construction of the Project as follows: SRF Loan $53,403,000 Sewer Capacity Charges Fund $ 6,132,988 Sewer Bruno Share $ 2,259,169 Total Construction Funding Sources $61,795,157 CONCLUSION Approving and authorizing the City Manager to sign the Installment Sale Agreement with the California Water Resources Control Board will ensure the South San Francisco/San Bruno Wet Weather and Digester Improvements are completed and the terms of the City’s NPDES Permit are met to the satisfaction of the California Water Resources Control Board. City of South San Francisco Printed on 12/6/2018Page 2 of 2 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:18-806 Agenda Date:12/12/2018 Version:1 Item #:7a. Resolution approving and authorizing the City Manager to execute the Installment Sale Agreement No. SWRCB0000000000D180100400 with the California State Water Resources Control Board in an amount of $53,403,000 for financing the construction costs of the Wet Weather and Digester Improvements Project (CIP Project No.ss1301),and approving budget amendment 19.029 to amending the fiscal year 2018-19 Capital Improvement Project budget. WHEREAS,on March 22,2017,the City Council approved resolution 27-2017,authorizing submittal of a Financial Assistance Application for a financing agreement from the State Water Resources Control Board for South San Francisco/San Bruno Wet Weather and Digester Improvements Project (“the Project”)and authorizing the City Manager to certify the City’s compliance with all applicable state and federal statutory and regulatory requirements related to any financing or financial assistance received from the State Water Resources Control Board (“RWQCB”); and WHEREAS, the RWQCB assigned number C-06-8033-110 for the Project; and WHEREAS,the City Council adopted resolutions 89-2017 and 90-2017 declaring the intent to reimburse the Sewer Enterprise Fund from the loan and pledging Sewer Service Charge revenue to repay the loan; and WHEREAS,the Project is mandated by the (“RWQCB”)in the City’s NPDES Permit No.CA0038130,Order No. R2- 2014-0012; and WHEREAS,on July 11,2018,the City Council adopted resolution 112-2018 awarding a construction contract to Flatiron West Inc., for the Project, authorizing a total construction budget of $61,795,157; and WHEREAS,the RWQCB approved the City’s Financial Assistance Application in the amount of $53,403,000 with $4,000,000 principal loan forgiveness and drafted Installment Sale Agreement No. SWRCB0000000000D180100400 that is ready for execution. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby approves and authorizes the City Manager to sign the Installment Sale Agreement No. SWRCB0000000000D180100400 herein attached as Exhibit A. BE IT FURTHER RESOLVED that the City Council approves budget amendment 19.029 that authorizes Finance Director to appropriate additional funding and expense budget for the South San Francisco/San Bruno Wet Weather and Digester Improvements Project,CIP Project No.ss1301 with budget amounts as follows: City of South San Francisco Printed on 1/17/2019Page 1 of 2 powered by Legistar™ File #:18-806 Agenda Date:12/12/2018 Version:1 Item #:7a. SRF Loan $53,403,000 Sewer Capacity Charge Fund $ 6,132,988 San Bruno Share $ 2,259,169 BE IT FURTHER RESOLVED the City Council authorizes a total project budget of $66,830,004. BE IT FURTHER RESOLVED that the City Council authorizes the City Manager to take any other related actions consistent with the intention of the Resolution. ***** City of South San Francisco Printed on 1/17/2019Page 2 of 2 powered by Legistar™ December 4, 2018 City of South San Francisco Attn: Mike Futrell, City Manager 4400 Grand Avenue South San Francisco, CA 94083 Agreement Number: SWRCB0000000000D180100400 Project Number: C-06-8033-110 Enclosed is your Agreement for your approval and signature. This Agreement cannot be considered binding by either party until executed by the State Water Resources Control Board (State Water Board). If you are in agreement with all terms and conditions of the Agreement, please sign and date two (2) signature pages; return only the two (2 signature pages – it is not necessary to send the entire Agreement - no later than thirty (30) calendar days from the date of this letter to: Overnight Mail US Mail Koreenia Lazo Koreenia Lazo State Water Resources Control Board State Water Resources Control Board Division of Financial Assistance Division of Financial Assistance 1001 I Street, 16th Floor P. O. Box 944212 Sacramento, CA 95814 Sacramento, CA 94244-2120 In order for the Funding Agreement to be executed by the State Water Board, the following items must also be returned with the signed signature pages: 1. Opinion of General Counsel. 2. Bond Counsel Letter. Be aware that all projects receiving funding must comply with all applicable implementing guidelines and regulations adopted by California Department of Industrial Relations (DIR), regarding state prevailing wage requirements. You must contact DIR for guidance on how to comply. Information can be found at: http://www.dir.ca.gov/lcp.asp. Davis Bacon Compliance: https://www.waterboards.ca.gov/water_issues/programs/grants_loans/srf/davisbacon.shtml Disadvantaged Business Enterprise (DBE) https://www.waterboards.ca.gov/water_issues/programs/grants_loans/srf/docs/policy0513/dbe_complianc e_guidelines_instructions.pdf Ms. Lazo may be contacted at (916) 319-0807 or Koreenia.Lazo@waterboards.ca.gov Once the Agreement is signed by both parties, we will forward an executed copy to you for your records. Enclosures CITY OF SOUTH SAN FRANCISCO AND CALIFORNIA STATE WATER RESOURCES CONTROL BOARD INSTALLMENT SALE AGREEMENT PUBLICLY OWNED TREATMENT W ORKS (POTW) CONSTRUCTION FINANCING SOUTH SAN FRANCISCO/SAN BRUNO WATER QUALITY CONTROL PLANT WET WEATHER & DIGESTER PROJECT CLEAN WATER STATE REVOLVING FUND PROJECT NO. C-06-8033-110 AGREEMENT NO. SWRCB0000000000D180100400 AMOUNT: $53,403,000 ELIGIBLE START DATE: SEPTEMBER 20, 2018 COMPLETION OF CONSTRUCTION DATE: OCTOBER 3, 2022 FINAL DISBURSEMENT REQUEST DATE: APRIL 3, 2023 FINAL REPAYMENT DATE: OCTOBER 3, 2042 RECORDS RETENTION END DATE: OCTOBER 3, 2058 THIS PAGE INTENTIONALLY LEFT BLANK City of South San Francisco Agreement No.: SWRCB0000000000D180100400 Project No.: C-06-8033-110 i TABLE OF CONTENTS ARTICLE I DEFINITIONS ......................................................................................................................... 1 1.1 Definitions. .......................................................................................................................................... 1 1.2 Exhibits Incorporated.......................................................................................................................... 6 ARTICLE II REPRESENTATIONS, WARRANTIES, AND COMMITMENTS ........................................... 6 2.1 Application and General Recipient Commitments. ............................................................................ 6 2.2 Authorization and Validity. .................................................................................................................. 6 2.3 No Violations. ..................................................................................................................................... 6 2.4 No Litigation. ...................................................................................................................................... 6 2.5 Solvency and Insurance. .................................................................................................................... 7 2.6 Legal Status and Eligibility. ................................................................................................................ 7 2.7 Financial Statements and Continuing Disclosure. ............................................................................. 7 2.8 Completion of Project. ........................................................................................................................ 7 2.9 Award of Construction Contracts. ...................................................................................................... 7 2.10 Notice. ................................................................................................................................................ 7 2.11 Findings and Challenge ..................................................................................................................... 9 2.12 Project Access. .................................................................................................................................. 9 2.13 Project Completion; Initiation of Operations. ..................................................................................... 9 2.14 Continuous Use of Project; Lease, Sale, Transfer of Ownership, or Disposal of Project. ................ 9 2.15 Project Reports. ................................................................................................................................. 9 2.16 Federal Disadvantaged Business Enterprise (DBE) Reporting. ...................................................... 10 2.17 Records............................................................................................................................................ 10 2.18 Audit. ................................................................................................................................................ 11 ARTICLE III FINANCING PROVISIONS ................................................................................................. 11 3.1 Purchase and Sale of Project. .......................................................................................................... 11 3.2 Amounts Payable by the Recipient. ................................................................................................. 12 City of South San Francisco Agreement No.: SWRCB0000000000D180100400 Project No.: C-06-8033-110 ii 3.3 Obligation Absolute. ......................................................................................................................... 13 3.4 No Obligation of the State. ............................................................................................................... 13 3.5 Disbursement of Project Funds; Availability of Funds. ..................................................................... 13 3.6 Withholding of Disbursements and Material Violations. ................................................................... 15 3.7 Pledge; Rates, Fees and Charges; Additional Debt. ....................................................................... 15 3.8 Financial Management System and Standards. .............................................................................. 17 3.9 Accounting and Auditing Standards. ................................................................................................ 17 3.10 Other Assistance. .............................................................................................................................. 17 ARTICLE IV MISCELLANEOUS PROVISIONS ..................................................................................... 17 4.1 Amendment. ..................................................................................................................................... 17 4.2 Assignability. .................................................................................................................................... 17 4.3 Bonding. ........................................................................................................................................... 17 4.4 Competitive Bidding ......................................................................................................................... 18 4.5 Compliance with Law, Regulations, etc. .......................................................................................... 18 4.6 Conflict of Interest. ........................................................................................................................... 18 4.7 Damages for Breach Affecting Tax-Exempt Status or Federal Compliance .................................... 18 4.8 Disputes. .......................................................................................................................................... 18 4.9 Governing Law. ................................................................................................................................ 19 4.10 Income Restrictions. ........................................................................................................................ 19 4.11 Indemnification and State Reviews. ................................................................................................ 19 4.12 Independent Actor. .......................................................................................................................... 20 4.13 Integration. ....................................................................................................................................... 20 4.14 Leveraging Covenants. .................................................................................................................... 20 4.15 Non-Discrimination Clause. ............................................................................................................. 20 4.16 No Third Party Rights. ..................................................................................................................... 21 4.17 Operation and Maintenance; Insurance. ......................................................................................... 21 4.18 Permits, Subcontracting, and Remedies. ........................................................................................ 22 4.19 Prevailing Wages. ............................................................................................................................ 22 City of South San Francisco Agreement No.: SWRCB0000000000D180100400 Project No.: C-06-8033-110 iii 4.21 Recipient’s Responsibility for Work. ................................................................................................ 22 4.22 Related Litigation. ............................................................................................................................ 22 4.23 Rights in Data. ................................................................................................................................. 23 4.24 State Water Board Action; Costs and Attorney Fees. ..................................................................... 23 4.25 Termination and Other Remedies Upon Event of Default. .............................................................. 23 4.26 Timeliness. ....................................................................................................................................... 24 4.27 Unenforceable Provision.................................................................................................................. 24 4.28 Useful Life. ....................................................................................................................................... 24 4.29 Venue............................................................................................................................................... 24 4.30 Waiver and Rights of the State Water Board................................................................................... 24 ARTICLE V TAX COVENANTS .............................................................................................................. 25 5.1 Purpose. ........................................................................................................................................... 25 5.2 Tax Covenant. .................................................................................................................................. 25 5.3 Governmental Unit. .......................................................................................................................... 25 5.4 Financing of a Capital Project. ......................................................................................................... 25 5.5 Ownership and Operation of Project. ............................................................................................... 25 5.6 Temporary Period. ............................................................................................................................ 25 5.7 Working Capital. ............................................................................................................................... 25 5.8 Expenditure of Proceeds. ................................................................................................................. 26 5.9 Private Use and Private Payments. ................................................................................................. 26 5.10 No Sale, Lease or Private Operation of the Project. ....................................................................... 26 5.11 No Disproportionate or Unrelated Use. ........................................................................................... 27 5.12 Management and Service Contracts. .............................................................................................. 27 5.13 No Disposition of Financed Property. .............................................................................................. 27 5.14 Useful Life of Project. ....................................................................................................................... 27 5.15 Payments. ........................................................................................................................................ 27 5.16 No Other Replacement Proceeds. ................................................................................................... 28 5.17 No Sinking or Pledged Fund. ........................................................................................................... 28 City of South San Francisco Agreement No.: SWRCB0000000000D180100400 Project No.: C-06-8033-110 iv 5.18 Reserve Amount. ............................................................................................................................. 28 5.19 Reimbursement Resolution. ............................................................................................................ 28 5.20 Reimbursement Expenditures. ........................................................................................................ 28 5.21 Change in Use of the Project. .......................................................................................................... 28 5.22 Rebate Obligations. ......................................................................................................................... 29 5.23 No Federal Guarantee. .................................................................................................................... 29 5.24 No Notices or Inquiries from IRS. .................................................................................................... 29 5.25 Amendments. ................................................................................................................................... 29 5.26 Reasonable Expectations. ............................................................................................................... 29 EXHIBIT A – SCOPE OF WORK & INCORPORATED DOCUMENTS EXHIBIT A-FBA –FINAL BUDGET APPROVAL EXHIBIT B – FUNDING AMOUNT EXHIBIT C – PAYMENT SCHEDULE EXHIBIT D - SPECIAL CONDITIONS EXHIBIT E - PROGRAMMATIC CONDITIONS & CROSS-CUTTERS EXHIBIT F – SCHEDULE OF SYSTEM OBLIGATIONS EXHIBIT G – DAVIS-BACON REQUIREMENTS EXHIBIT H – COMPLIANCE WITH CROSS-CUTTING STATE AUTHORITIES City of South San Francisco Agreement No.: SWRCB0000000000D180100400 Project No.: C-06-8033-110 1 WHEREAS, 1. The State Water Board is authorized to provide financial assistance under this Agreement pursuant to the following: • Chapter 6.5 of Division 7 of the California Water Code (State Act) • Title VI of the federal Water Pollution Control Act (Federal Act) 2. The State Water Board determines eligibility for financial assistance, determines a reasonable schedule for providing financial assistance, establishes compliance with the Federal Act, and State Act, and establishes the terms and conditions of a financial assistance agreement. 3. The Recipient has applied to the State Water Board for financial assistance for the Project described in Exhibit A of this Agreement and the State Water Board has selected the application for financial assistance. 4. The State Water Board proposes to assist in providing financial assistance for eligible costs of the Project, and the Recipient desires to participate as a recipient of financial assistance from the State Water Board and evidence its obligation to pay Payments, which obligation will be secured by Net Revenues, as defined herein, upon the terms and conditions set forth in this Agreement, all pursuant to the Federal Act and the State Act. NOW, THEREFORE, in consideration of the mutual representations, covenants and agreements herein set forth, the State Water Board and the Recipient, each binding itself, its successors and assigns, do mutually promise, covenant, and agree as follows: Subject to the satisfaction of any conditions precedent to this Agreement, this Agreement shall become effective upon the signature of both the Recipient and the State Water Board. Upon execution, the term of the Agreement shall begin on the Eligible Start Date and extend through the Final Repayment Date. ARTICLE I DEFINITIONS 1.1 Definitions. Unless otherwise specified, each capitalized term used in this Agreement has the following meaning: "Additional Payments" means the Additional Payments described in Section 3.2(c) of this Agreement. "Agreement" means this Installment Sale Agreement, including all exhibits and attachments hereto. "Allowance" means an amount based on a percentage of the accepted bid for an eligible project to help defray the planning, design, and construction engineering and administration costs of the Project. "Authorized Representative" means the duly appointed representative of the Recipient as set forth in the certified original of the Recipient’s authorizing resolution that designates the authorized representative, by title. "Bank" means the California Infrastructure and Economic Development Bank. “Bond Funded Portion of the Project Funds” means any portion of the Project Funds which was or will be funded with Bond Proceeds. City of South San Francisco Agreement No.: SWRCB0000000000D180100400 Project No.: C-06-8033-110 2 “Bond Proceeds” means original proceeds, investment proceeds, and replacement proceeds of Bonds. "Bonds" means any series of bonds issued by the Bank, the interest on which is excluded from gross income for federal tax purposes, all or a portion of the proceeds of which may have been, are, or will be applied by the State Water Board to fund all or any portion of the Project Costs or that are secured in whole or in part by Payments paid hereunder. “Charge In Lieu of Interest” means any fee or charge in lieu of some or all of, but not to exceed, the interest that would otherwise be owed under this Agreement, as set forth in Exhibit C. "Code" as used in Article V of this Agreement means the Internal Revenue Code of 1986, as amended, and any successor provisions and the regulations of the U.S. Department of the Treasury promulgated thereunder. "Completion of Construction" means the date, as determined by the Division after consultation with the Recipient, that the work of building and erection of the Project is substantially complete, and is identified in Exhibit A of this Agreement “CWSRF” means the Clean Water State Revolving Fund. “Days” means calendar days unless otherwise expressly indicated. “Debt Service” means, as of any date, with respect to outstanding System Obligations and, in the case of the additional debt tests in Section 3.7 of this Agreement, any System Obligations that are proposed to be outstanding, the aggregate amount of principal and interest scheduled to become due (either at maturity or by mandatory redemption), together with any Charge In Lieu of Interest on this Obligation or other System Obligations to the State Water Board, calculated with the following assumptions: a. Principal payments (unless a different subsection of this definition applies for purposes of determining principal maturities or amortization) are made in accordance with any amortization schedule published for such principal, including any minimum sinking fund payments; b. Interest on a variable rate System Obligation that is not subject to a swap agreement and that is issued or will be issued as a tax-exempt obligation under federal law, is the average of the SIFMA Municipal Swap Index, or its successor index, during the 24 months preceding the date of such calculation; c. Interest on a variable rate System Obligation that is not subject to a swap agreement and that is issued or will be issued as a taxable obligation under federal law, is the average of LIBOR, or its successor index, during the 24 months preceding the date of such calculation; d. Interest on a variable rate System Obligation that is subject to a swap agreement is the fixed swap rate or cap strike rate, as appropriate, if the variable rate has been swapped to a fixed rate or capped pursuant to an interest rate cap agreement or similar agreement; e. Interest on a fixed rate System Obligation that is subject to a swap agreement such that all or a portion of the interest has been swapped to a variable rate shall be treated as variable rate debt under subsections (b) or (c) of this definition of Debt Service; f. Payments of principal and interest on a System Obligation are excluded from the calculation of Debt Service to the extent such payments are to be paid from amounts then currently on deposit with a trustee or other fiduciary and restricted for the defeasance of such System Obligations; City of South San Francisco Agreement No.: SWRCB0000000000D180100400 Project No.: C-06-8033-110 3 g. If 25% or more of the principal of a System Obligation is not due until its final stated maturity, then principal and interest on that System Obligation may be projected to amortize over the lesser of 30 years or the useful life of the financed asset, and interest may be calculated according to subsections (b)-(e) of this definition of Debt Service, as appropriate. “Deputy Director” means the Deputy Director of the Division. "Division" means the Division of Financial Assistance of the State Water Board or any other segment of the State Water Board authorized to administer this Agreement. “Eligible Start Date” means the date set forth in Exhibit B, establishing the date on or after which construction costs may be incurred and eligible for reimbursement hereunder. “Enterprise Fund” means the enterprise fund of the Recipient in which Revenues are deposited. “Event of Default” means the occurrence of any one or more of the following events: a) Failure by the Recipient to pay Payments when due, or failure to make any other payment required to be paid pursuant to this Agreement; b) A representation or warranty made by or on behalf of the Recipient in this Agreement or in any document furnished by or on behalf of the Recipient to the State Water Board pursuant to this Agreement shall prove to have been inaccurate, misleading or incomplete in any material respect; c) A material adverse change in the condition of the Recipient, the Revenues, or the System, which the Division reasonably determines would materially impair the Recipient’s ability to satisfy its obligations under this Agreement. d) Failure by the Recipient to comply with the additional debt test or reserve fund requirement, if any, in Section 3.7 or Exhibit D of this Agreement; e) Failure to operate the System or the Project without the Division’s approval; f) Failure by the Recipient to observe and perform any covenant, condition, or provision in this Agreement, which failure shall continue for a period of time, to be determined by the Division; g) The occurrence of a material breach or event of default under any System Obligation that results in the acceleration of principal or interest or otherwise requires immediate prepayment, repurchase or redemption; h) Initiation of proceedings seeking arrangement, reorganization, or any other relief under any applicable bankruptcy, insolvency, or other similar law now or hereafter in effect; or the appointment of or taking possession of the Recipient’s property by a receiver, liquidator, assignee, trustee, custodian, conservator, or similar official; or the Recipient’s entering into a general assignment for the benefit of creditors; or any action in furtherance of any of the foregoing; i) Initiation of resolutions or proceedings to terminate the Recipient’s existence; j) A determination pursuant to Gov. Code § 11137 that the Recipient has violated any provision in Article 9.5 of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code; “Final Disbursement Request Date” means the date established in Exhibit A, after which date, no further Project Funds disbursements may be requested. City of South San Francisco Agreement No.: SWRCB0000000000D180100400 Project No.: C-06-8033-110 4 “Final Repayment Date” is the date by which all principal and accrued interest due under this Agreement is to be paid in full to the State Water Board and is specified in Exhibit B and Exhibit C. "Fiscal Year" means the period of twelve (12) months terminating on June 30 of any year, or any other annual period selected and designated by the Recipient as its Fiscal Year in accordance with applicable law. "Force Account" means the use of the Recipient's own employees or equipment. “GAAP” means generally accepted accounting principles, the uniform accounting and reporting procedures set forth in publications of the American Institute of Certified Public Accountants or its successor, or by any other generally accepted authority on such procedures, and includes, as applicable, the standards set forth by the Governmental Accounting Standards Board or its successor. “Indirect Costs” means those costs that are incurred for a common or joint purpose benefiting more than one cost objective and are not readily assignable to the Project (i.e., costs that are not directly related to the Project). Examples of Indirect Costs include, but are not limited to: central service costs; general administration of the Recipient; non-project-specific accounting and personnel services performed within the Recipient organization; depreciation or use allowances on buildings and equipment; the costs of operating and maintaining non-project-specific facilities; tuition and conference fees; generic overhead or markup; and taxes. "Initiation of Construction" means the date that notice to proceed with work is issued for the Project, or, if notice to proceed is not required, the date of commencement of building and erection of the Project. “Listed Event” means, so long as the Recipient has outstanding any System Obligation subject to Rule 15c2-12, any of the events required to be reported pursuant to Rule 15c2-12(b)(5). “Maximum Annual Debt Service” means the maximum amount of Debt Service due on System Obligations in any Fiscal Year during the period commencing with the Fiscal Year for which such calculation is made and terminating with the last Fiscal Year in which Debt Service for any System Obligations will become due. "Net Revenues" means, for any Fiscal Year, all Revenues received by the Recipient less the Operations and Maintenance Costs for such Fiscal Year. "Obligation" means the obligation of the Recipient to make Payments and Additional Payments as provided herein, as evidenced by the execution of this Agreement, proceeds of such obligations being used to fund the Project as specified in the Project Description in Exhibit A and Exhibit A-FBA and in the documents thereby incorporated by reference. "Operations and Maintenance Costs" means the reasonable and necessary costs paid or incurred by the Recipient for maintaining and operating the System, determined in accordance with GAAP, including all reasonable expenses of management and repair and all other expenses necessary to maintain and preserve the System in good repair and working order, and including all reasonable and necessary administrative costs of the Recipient that are charged directly or apportioned to the operation of the System, such as salaries and wages of employees, overhead, taxes (if any), the cost of permits, licenses, and charges to operate the System and insurance premiums; but excluding, in all cases depreciation, replacement, and obsolescence charges or reserves therefor and amortization of intangibles. “Other Material Obligation” means an obligation of the Recipient set forth in Exhibit F that is not payable from Net Revenues, but is otherwise material to this transaction. City of South San Francisco Agreement No.: SWRCB0000000000D180100400 Project No.: C-06-8033-110 5 “Payment” means any payment due to the State Water Board from the Recipient pursuant to Section 3.2 of this Agreement, as set forth in Exhibit C. "Policy" means the State Water Board's “Policy for Implementing the Clean Water State Revolving Fund,” as amended from time to time, and including the Intended Use Plan in effect as of the Eligible Start Date. “Project” means the Project financed by this Agreement as described in Exhibit A, Exhibit A-FBA, and in the documents incorporated by reference herein. "Project Completion" means the date, as determined by the Division after consultation with the Recipient, that operation of the Project is initiated or is capable of being initiated, whichever comes first. "Project Costs" means the incurred costs of the Recipient which are eligible for financial assistance under this Agreement, which are allowable costs as defined under the Policy, and which are reasonable, necessary and allocable by the Recipient to the Project under GAAP, plus capitalized interest. “Project Funds” means all moneys disbursed to the Recipient by the State Water Board pursuant to this Agreement. “Recipient” means the City of South San Francisco. “Records Retention End Date” means the last date that the Recipient is obligated to maintain records pursuant to Section 2.17 of this Agreement. “Regional Water Quality Control Board” or “Regional Water Board” means the appropriate Regional Water Quality Control Board. “Reimbursement Resolution” means the Recipient’s reimbursement resolution identified in Exhibit A of this Agreement. “Reserve Fund” means the reserve fund required pursuant to Section 3.7 of this Agreement. "Revenues" means, for each Fiscal Year, all gross income and revenue received or receivable by the Recipient from the ownership or operation of the System, determined in accordance with GAAP, including all rates, fees, and charges (including connection fees and charges) as received by the Recipient for the services of the System, and all other income and revenue howsoever derived by the Recipient from the ownership or operation of the System or arising from the System, including all income from the deposit or investment of any money in the Enterprise Fund or any rate stabilization fund of the Recipient or held on the Recipient’s behalf, and any refundable deposits made to establish credit, and advances or contributions in aid of construction. “Rule 15c2-12(b)(5)” means Rule 15c2-12(b)(5) promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934, as amended. “SRF” means the Clean Water State Revolving Fund. “State” means State of California. “State Water Board” means the State Water Resources Control Board. "System" means all wastewater collection, transport, treatment, storage, and disposal facilities, including land and easements thereof, owned by the Recipient, including the Project, and all other properties, structures, or works hereafter acquired and constructed by the Recipient and determined to be a part of City of South San Francisco Agreement No.: SWRCB0000000000D180100400 Project No.: C-06-8033-110 6 the System, together with all additions, betterments, extensions, or improvements to such facilities, properties, structures, or works, or any part thereof hereafter acquired and constructed. “System Obligation” means any obligation of the Recipient payable from the Revenues, including but not limited to this Obligation and obligations reflected in Exhibit F and such additional obligations as may hereafter be issued in accordance with the provisions of such obligations and this Agreement. “Year” means calendar year unless otherwise expressly indicated. 1.2 Exhibits Incorporated. All exhibits to this Agreement, including any amendments and supplements hereto, are hereby incorporated herein and made a part of this Agreement. ARTICLE II REPRESENTATIONS, WARRANTIES, AND COMMITMENTS The Recipient represents, warrants, and commits to the following as of the Eligible Start Date set forth on the first page hereof and continuing thereafter for the term of this Agreement. 2.1 Application and General Recipient Commitments. The Recipient has not made any untrue statement of a material fact in its application for this financial assistance, or omitted to state in its application a material fact that makes the statements in its application not misleading. The Recipient shall comply with all terms, provisions, conditions, and commitments of this Agreement, including all incorporated documents, and shall fulfill all assurances, declarations, representations, and commitments in its application, accompanying documents, and communications filed in support of its request for financial assistance. 2.2 Authorization and Validity. The execution and delivery of this Agreement, including all incorporated documents, has been duly authorized by the Recipient. Upon execution by both parties, this Agreement constitutes a valid and binding obligation of the Recipient, enforceable in accordance with its terms, except as such enforcement may be limited by law. 2.3 No Violations. The execution, delivery, and performance by Recipient of this Agreem ent, including all incorporated documents, do not violate any provision of any law or regulation in effect as of the date set forth on the first page hereof, or result in any breach or default under any contract, obligation, indenture, or other instrument to which Recipient is a party or by which Recipient is bound as of the date set forth on the first page hereof. 2.4 No Litigation. There are no pending or, to Recipient’s knowledge, threatened actions, claims, investigations, suits, or proceedings before any governmental authority, court, or administrative agency which materially affect the financial condition or operations of the Recipient, the System, the Revenues, and/or the Project. City of South San Francisco Agreement No.: SWRCB0000000000D180100400 Project No.: C-06-8033-110 7 2.5 Solvency and Insurance. None of the transactions contemplated by this Agreement will be or have been made with an actual intent to hinder, delay, or defraud any present or future creditors of Recipient. As of the date set forth on the first page hereof, Recipient is solvent and will not be rendered insolvent by the transactions contemplated by this Agreement. Recipient is able to pay its debts as they become due. Recipient maintains sufficient insurance coverage considering the scope of this Agreement, including, for example but not necessarily limited to, general liability, automobile liability, workers compensation and employers liability, professional liability. 2.6 Legal Status and Eligibility. Recipient is duly organized and existing and in good standing under the laws of the State of California. Recipient shall at all times maintain its current legal existence and preserve and keep in full force and effect its legal rights and authority. Recipient shall maintain its eligibility for funding under this Agreement for the term of this Agreement. 2.7 Financial Statements and Continuing Disclosure. The financial statements of Recipient previously delivered to the State Water Board as of the date(s) set forth in such financial statements: (a) are materially complete and correct; (b) present fairly the financial condition of the Recipient; and (c) have been prepared in accordance with GAAP. Since the date(s) of such financial statements, there has been no material adverse change in the financial condition of the Recipient, nor have any assets or properties reflected on such financial statements been sold, transferred, assigned, mortgaged, pledged or encumbered, except as previously disclosed in writing by Recipient and approved in writing by the State Water Board. The Recipient is current in its continuing disclosure obligations associated with its material debt. 2.8 Completion of Project. The Recipient shall expeditiously proceed with and complete construction of the Project in substantial accordance with Exhibit A and Exhibit A-FBA. 2.9 Award of Construction Contracts. (a) The Recipient shall award the prime construction contract timely in order to meet the start of construction date specified in Exhibit A. (b) The Recipient shall promptly notify the Division in writing both of the award of the prime construction contract for the Project and of Initiation of Construction of the Project. The Recipient shall make all reasonable efforts to complete construction in substantial conformance with the terms of the contract by the Completion of Construction date established in Exhibit A. 2.10 Notice. Upon the occurrence of any of the following events, the Recipient shall notify the Deputy Director and the Division’s project manager within the time specified below. (1) The Recipient shall notify the Division within 24 hours of any discovery of any potential tribal cultural resource and/or archaeological or historical resource. In addition to notifying the Deputy Director and the Division’s project manager, notice shall be delivered by phone to (916) 327-9978 and by email to CleanWaterSRF@waterboards.ca.gov. Should a potential tribal cultural resource and/or archaeological or historical resource be discovered during construction, the Recipient shall ensure that all work in the area of the find will cease until a qualified archaeologist has evaluated City of South San Francisco Agreement No.: SWRCB0000000000D180100400 Project No.: C-06-8033-110 8 the situation and made recommendations regarding preservation of the resource, and the Division has determined what actions should be taken to protect and preserve the resource. The Recipient shall implement appropriate actions as directed by the Division. (2) The Recipient shall notify the Division within five (5) business days of the occurrence of any of the following events: a. Bankruptcy, insolvency, receivership or similar event of the Recipient, or actions taken in anticipation of any of the foregoing; b. Change of ownership of the System or change of management or service contracts, if any, for operation of the System; c. Loss, theft, damage, or impairment to the Revenues or the System; d. Failure to meet any debt service coverage test in section 10 of this agreement; e. Draws on the Reserve Fund; f. Listed Events or Events of Default, except as set forth in subdivisions (b) or (c) of this section; g. Failure to observe or perform any covenant in this Agreement. (3) The Recipient shall notify the Division in writing within ten (10) business days of the following events: a. Material defaults on System Obligations, other than this Obligation; b. Unscheduled draws on debt service reserves held for System Obligations, other than this Obligation, if any, reflecting financial difficulties; c. Unscheduled draws on credit enhancements on System Obligations, if any, reflecting financial difficulties; d. Substitution of credit or liquidity providers, if any or their failure to perform; e. Any litigation pending or threatened with respect to the Project or the Recipient’s technical, managerial or financial capacity to operate the System or the Recipient’s continued existence, circulation of a petition to repeal, reduce, or otherwise challenge the Recipient’s rates for services of the System, consideration of dissolution, or disincorporation, or any other event that could materially impair the Revenues; f. Adverse tax opinions, the issuance by the Internal Revenue Service or proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB) or other material notices of determinations with respect to the tax status of any tax-exempt bonds; g. Rating changes on outstanding System Obligations, if any; h. Issuance of additional parity obligations; or i. Enforcement actions by the Regional Water Board; (4) The Recipient shall notify the Division promptly of the following: a. The discovery of a false statement of fact or representation made in this Agreement or in the application to the Division for this financial assistance, or in any certification, report, or request for disbursement made pursuant to this Agreement, by the Recipient, its employees, agents, or contractors; b. Any substantial change in scope of the Project. The Recipient shall undertake no substantial change in the scope of the Project until prompt written notice of the proposed change has been provided to the Division and the Division has given written approval for the change; c. Cessation of all major construction work on the Project where such cessation of work is expected to or does extend for a period of thirty (30) days or more; d. Any circumstance, combination of circumstances, or condition, which is expected to or does delay Completion of Construction for a period of ninety (90) days or more beyond the estimated date of Completion of Construction as specified in Exhibit A; City of South San Francisco Agreement No.: SWRCB0000000000D180100400 Project No.: C-06-8033-110 9 e. Discovery of any unexpected endangered or threatened species, as defined in the federal Endangered Species Act. Should a federally protected species be unexpectedly encountered during construction of the Project, the Recipient agrees to promptly notify the Division. This notification is in addition to the Recipient’s obligations under the federal Endangered Species Act; f. Any Project monitoring, demonstration, or other implementation activities required in Exhibit A or Exhibit D of this Agreement, if any; g. Any public or media event publicizing the accomplishments and/or results of this Agreement and provide the opportunity for attendance and participation by state representatives with at least ten (10) working days’ notice to the Division; h. Any events requiring notice to the Division pursuant to the provisions of Exhibit E to this Agreement; or i. Completion of Construction of the Project, and actual Project Completion. 2.11 Findings and Challenge. Upon consideration of a voter initiative to reduce Revenues, the Recipient shall make a finding regarding the effect of such a reduction on the Recipient's ability to satisfy the rate covenant set forth in Section 3.7 of this Agreement. The Recipient shall make its findings available to the public and shall request, if necessary, the authorization of the Recipient’s decision-maker or decision-mak ing body to file litigation to challenge any such initiative that it finds will render it unable to satisfy the rate covenant set forth in Section 3.7 and its obligation to operate and maintain the Project for its useful life. The Recipient shall diligently pursue and bear any and all costs related to such challenge. The Recipient shall notify and regularly update the State Water Board regarding the status of any such challenge. 2.12 Project Access. The Recipient shall ensure that the State Water Board, the Governor of the State, the United States Environmental Protection Agency, the Office of Inspector General, any member of Congress, or any authorized representative of the foregoing, will have safe and suitable access to the Project site at all reasonable times during Project construction and thereafter for the term of the Obligation. The Recipient acknowledges that, except for a subset of information regarding archeological records, the Project records and locations are public records, including but not limited to all of the submissions accompanying the application, all of the documents incorporated by Exhibit A and Exhibit A-FBA, and all reports, disbursement requests, and supporting documentation submitted hereunder. 2.13 Project Completion; Initiation of Operations. Upon Completion of Construction of the Project, the Recipient shall expeditiously initiate Project operations. 2.14 Continuous Use of Project; Lease, Sale, Transfer of Ownership, or Disposal of Project. The Recipient agrees that, except as provided in this Agreement, it will not abandon, substantially discontinue use of, lease, sell, transfer ownership of, or dispose of all or a significant part or portion of the Project during the useful life of the Project without prior written approval of the Division. Such approval may be conditioned as determined to be appropriate by the Division, including a condition requiring repayment of all disbursed Project Funds or all or any portion of all remaining funds covered by this Agreement together with accrued interest and any penalty assessments that may be due. 2.15 Project Reports. (a) Status Reports. The Recipient shall provide status reports no less frequently than quarterly, starting with the execution of this Agreement. A status report must accompany any City of South San Francisco Agreement No.: SWRCB0000000000D180100400 Project No.: C-06-8033-110 10 disbursement request and is a condition precedent to any disbursement. At a minimum, the reports will contain the following information: 1. A summary of progress to date including a description of progress since the last report, percent construction complete, percent contractor invoiced, and percent schedule elapsed; 2. A description of compliance with environmental requirements; 3. A listing of change orders including the dollar amount, description of work, and change in contract amount and schedule; and 4. Any problems encountered, proposed resolution, schedule for resolution, and status of previous problem resolutions. (b) Project Completion Report. The Recipient shall submit a Project Completion Report to the Division with a copy to the appropriate Regional Water Quality Control Board on or before the due date established by the Division and the Recipient at the time of final project inspection. The Project Completion Report must address the following: 1. Describe the Project, 2. Describe the water quality problem the Project sought to address, 3. Discuss the Project’s likelihood of successfully addressing that water quality problem in the future, and 4. Summarize compliance with environmental conditions, if applicable. If the Recipient fails to submit a timely Project Completion Report, the State Water Board may stop processing pending or future applications for new financial assistance, withhold disbursements under this Agreement or other agreements, and begin administrative proceedings. (c) As Needed Reports. The Recipient shall provide expeditiously, during the term of this Agreement, any reports, data, and information reasonably required by the Division, including but not limited to material necessary or appropriate for evaluation of the funding program or to fulfill any reporting requirements of the state or federal government. 2.16 Federal Disadvantaged Business Enterprise (DBE) Reporting. The Recipient shall report DBE utilization to the Division on the DBE Utilization Report, State Water Board Form DBE UR334. The Recipient must submit such reports to the Division annually within ten (10) calendar days following October 1 until such time as the "Notice of Completion" is issued. The Recipient shall comply with 40 CFR § 33.301. 2.17 Records. (a) Without limitation of the requirement to maintain Project accounts in accordance with GAAP, the Recipient shall: (1) Establish an official file for the Project which adequately documents all significant actions relative to the Project; City of South San Francisco Agreement No.: SWRCB0000000000D180100400 Project No.: C-06-8033-110 11 (2) Establish separate accounts which will adequately and accurately depict all amounts received and expended on the Project, including all assistance funds received under this Agreement; (3) Establish separate accounts which will adequately depict all income received which is attributable to the Project, specifically including any income attributable to assistance funds disbursed under this Agreement; (4) Establish an accounting system which will accurately depict final total costs of the Project, including both direct and indirect costs; (5) Establish such accounts and maintain such records as may be necessary for the State to fulfill federal reporting requirements, including any and all reporting requirements under federal tax statutes or regulations; and (6) If Force Account is used by the Recipient for any phase of the Project, other than for planning, design, and construction engineering and administration provided for by allowance, accounts will be established which reasonably document all employee hours charged to the Project and the associated tasks performed by each employee. Force Account Indirect costs are not eligible for funding. (b) The Recipient shall maintain separate books, records and other material relative to the Project. The Recipient shall also retain such books, records, and other material for itself and for each contractor or subcontractor who performed or performs work on the Project for a minimum of thirty-six (36) years after Completion of Construction. The Recipient shall require that such books, records, and other material be subject at all reasonable times (at a minimum during normal business hours) to inspection, copying, and audit by the State Water Board, the California State Auditor, the Bureau of State Audits, the United States Environmental Protection Agency (USEPA), the Office of Inspector General, the Internal Revenue Service, the Governor, or any authorized representatives of the aforementioned. The Recipient shall allow and shall require its contractors to allow interviews during normal business hours of any employees who might reasonably have information related to such records. The Recipient agrees to include a similar duty regarding audit, interviews, and records retention in any contract or subcontract related to the performance of this Agreement. The provisions of this section shall survive the discharge of the Recipient's Obligation and the term of this Agreement. 2.18 Audit. (a) The Division may call for an audit of financial information relative to the Project, if the Division determines that an audit is desirable to assure program integrity or if an audit becomes necessary because of state or federal requirements. Where such an audit is called for, the audit shall be performed by a certified public accountant independent of the Recipient and at the cost of the Recipient. The audit shall be in the form required by the Division. (b) Audit disallowances will be returned to the State Water Board. ARTICLE III FINANCING PROVISIONS 3.1 Purchase and Sale of Project. The Recipient hereby sells to the State Water Board and the State Water Board hereby purchases from the Recipient the Project. Simultaneously therewith, the Recipient hereby purchases from the State Water Board, and the State Water Board hereby sells to the Recipient, the Project in accordance with the provisions of this Agreement. All right, title, and interest in the Project shall immediately vest in the Recipient on the date of execution and delivery of this Agreement by both parties without further action on City of South San Francisco Agreement No.: SWRCB0000000000D180100400 Project No.: C-06-8033-110 12 the part of the Recipient or the State Water Board. The State Water Board’s disbursement of funds hereunder is contingent on the Recipient’s compliance with the terms and conditions of this Agreement. 3.2 Amounts Payable by the Recipient. (a) Payments. Beginning no later than one year after Completion of Construction, repayment of the principal of the Project Funds, together with all interest accruing thereon, shall be repaid semi- annually by January 1 and July 1, and shall be fully amortized by the Final Repayment Date. The Payments are based on a standard fully amortized assistance amount with equal semi- annual payments. The remaining balance is the previous balance, plus the disbursements, plus the accrued interest on both, plus any Charge In Lieu of Interest, less the Payment. Payment calculations will be made beginning one (1) year after Completion of Construction. Exhibit C is a payment schedule based on the provisions of this article and an estimated disbursement schedule. Actual payments will be based on actual disbursements. Upon Completion of Construction and submission of necessary reports by the Recipient, the Division will prepare an appropriate payment schedule and supply the same to the Recipient. The Division may amend this schedule as necessary to accurately reflect amounts due under this Agreement. The Division will prepare any necessary amendments to the payment schedule and send them to the Recipient. The Recipient shall make each Payment on or before the due date therefor. A ten (10) day grace period will be allowed, after which time a penalty in the amount of costs incurred by the State Water Board will be assessed for late payment. These costs may include, but are not limited to, lost interest earnings, staff time, bond debt service default penalties, if any, and other related costs. For purposes of penalty assessment, payment will be deemed to have been made if payment is deposited in the U.S. Mail within the grace period with postage prepaid and properly addressed. Any penalties assessed will not be added to the assistance amount balance, but will be treated as a separate account and obligation of the Recipient. The interest penalty will be assessed from the payment due date. The Recipient is obligated to make all payments required by this Agreement to the State Water Board, notwithstanding any individual default by its constituents or others in the payment to the Recipient of fees, charges, taxes, assessments, tolls or other charges ("Charges") levied or imposed by the Recipient. The Recipient shall provide for the punctual payment to the State Water Board of all amounts which become due under this Agreement and which are received from constituents or others in the payment to the Recipient. In the event of failure, neglect or refusal of any officer of the Recipient to levy or cause to be levied any Charge to provide payment by the Recipient under this Agreement, to enforce or to collect such Charge, or to pay over to the State Water Board any money collected on account of such Charge necessary to satisfy any amount due under this Agreement, the State Water Board may take such action in a court of competent jurisdiction as it deems necessary to compel the performance of all duties relating to the imposition or levying and collection of any of such Charges and the payment of the money collected therefrom to the State Water Board. Action taken pursuant hereto shall not deprive the State Water Board of, or limit the application of, any other remedy provided by law or by this Agreement. Each Payment shall be paid in lawful money of the United States of America by check or other acceptable form of payment set forth at www.waterboards.ca.gov/make_a_payment. The Recipient shall not be entitled to interest earned on undisbursed funds. Upon execution of this Agreement, the State Water Board shall encumber an amount equal to the Obligation. The Recipient shall pay Payments and Additional Payments from Net Revenues and/or other amounts legally available to the Recipient therefor. Interest on any funds disbursed to the Recipient shall begin to accrue as of the date of each disbursement. City of South San Francisco Agreement No.: SWRCB0000000000D180100400 Project No.: C-06-8033-110 13 (b) Project Costs. The Recipient shall pay any and all costs connected with the Project including, without limitation, any and all Project Costs. If the Project Funds are not sufficient to pay the Project Costs in full, the Recipient shall nonetheless complete the Project and pay that portion of the Project Costs in excess of available Project Funds, and shall not be entitled to any reimbursement therefor from the State Water Board. (c) Additional Payments. In addition to the Payments required to be made by the Recipient, the Recipient shall also pay to the State Water Board the reasonable extraordinary fees and expenses of the State Water Board, and of any assignee of the State Water Board's right, title, and interest in and to this Agreement, in connection with this Agreement, including all expenses and fees of accountants, trustees, staff, contractors, consultants, costs, insurance premiums and all other extraordinary costs reasonably incurred by the State Water Board or assignee of the State Water Board. Additional Payments may be billed to the Recipient by the State Water Board from time to time, together with a statement executed by a duly authorized representative of the State Water Board, stating that the amounts billed pursuant to this section have been incurred by the State Water Board or its assignee for one or more of the above items and a copy of the invoice or statement for the amount so incurred or paid. Amounts so billed shall be paid by the Recipient within thirty (30) days after receipt of the bill by the Recipient. (d) The Recipient may not prepay any portion of the principal and interest due under this Agreement without the written consent of the Deputy Director of the Division. 3.3 Obligation Absolute. The obligation of the Recipient to make the Payments and other payments required to be made by it under this Agreement from Net Revenues and/or other amounts legally available to the Recipient therefor, is absolute and unconditional, and until such time as the Payments and Additional Payments have been paid in full, the Recipient shall not discontinue or suspend any Payments or other payments required to be made by it hereunder when due, whether or not the System or any part thereof is operating or operable or has been completed, or its use is suspended, interfered with, reduced or curtailed or terminated in whole or in part, and such Payments and other payments shall not be subject to reduction whether by offset or otherwise and shall not be conditional upon the performance or nonperformance by any party of any agreement for any cause whatsoever. 3.4 No Obligation of the State. Any obligation of the State Water Board herein contained shall not be an obligation, debt, or liability of the State and any such obligation shall be payable solely out of the moneys encumbered pursuant to this Agreement. If this Agreement’s funding for any fiscal year is reduced, substantially delayed, or deleted by the Budget Act, by Executive Order, or by order or action of the Department of Finance, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an amendment to the Recipient to reflect the reduced amount. 3.5 Disbursement of Project Funds; Availability of Funds. (a) Except as may be otherwise provided in this Agreement, disbursement of Project Funds will be made as follows: (1) Upon execution and delivery of this Agreement by both parties, the Recipient may request immediate disbursement of any eligible incurred planning and design allowance as specified in Exhibit B from the Project Funds through submission to the State Water Board City of South San Francisco Agreement No.: SWRCB0000000000D180100400 Project No.: C-06-8033-110 14 of the Disbursement Request Form 260, or any amendment thereto, duly completed and executed. (2) The Recipient may request disbursement of eligible construction and equipment costs consistent with budget amounts referenced in Exhibit B and Exhibit A-FBA. (Note that this Agreement will be amended to incorporate Exhibit A-FBA after final budget approval.) (3) Additional Project Funds will be promptly disbursed to the Recipient upon receipt of Disbursement Request Form 260, or any amendment thereto, duly completed and executed by the Recipient for incurred costs consistent with this Agreement, along with receipt of status reports due under Section 2.15 above. (4) The Recipient shall not request disbursement for any Project Cost until such cost has been incurred and is currently due and payable by the Recipient, although the actual payment of such cost by the Recipient is not required as a condition of disbursement request. (5) Recipient shall spend Project Funds within thirty (30) days of receipt. Any interest earned on Project Funds shall be reported to the State Water Board and may be required to be returned to the State Water Board or deducted from future disbursements. (6) The Recipient shall not be entitled to interest earned on undisbursed funds. (7) The Recipient shall not request a disbursement unless that Project Cost is allowable, reasonable, and allocable. (8) Notwithstanding any other provision of this Agreement, no disbursement shall be required at any time or in any manner which is in violation of or in conflict with federal or state laws, policies, or regulations. (9) Costs incurred for travel outside the State of California are not eligible for reimbursement under this Agreement unless the Division provides prior written authorization. Any reimbursement for necessary travel and per diem shall be at rates not to exceed those set by the California Department of Human Resources. These rates may be found at http://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx. Reimbursement will be at the State travel and per diem amounts that are current as of the date costs are incurred by the Recipient. (b) The State Water Board's obligation to disburse Project Funds is contingent upon the availability of sufficient funds to permit the disbursements provided for herein. If sufficient funds are not available for any reason, including but not limited to failure of the federal or State government to appropriate funds necessary for disbursement of Project Funds, the State Water Board shall not be obligated to make any disbursements to the Recipient under this Agreement. This provision shall be construed as a condition precedent to the obligation of the State Water Board to make any disbursements under this Agreement. Nothing in this Agreement shall be construed to provide the Recipient with a right of priority for disbursement over any other agency. If any disbursements due the Recipient under this Agreement are deferred because sufficient funds are unavailable, it is the intention of the State Water Board that such disbursement will be made to the Recipient when sufficient funds do become available, but this intention is not binding. (c) Costs incurred for travel outside the State of California are not eligible for reimbursement under this Agreement unless the Division provides prior written authorization. Any reimbursement for necessary travel and per diem shall be at rates not to exceed those set by the California Department of Human Resources. These rates may be found at http://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx. Reimbursement will be at City of South San Francisco Agreement No.: SWRCB0000000000D180100400 Project No.: C-06-8033-110 15 the State travel and per diem amounts that are current as of the date costs are incurred by the Recipient. 3.6 Withholding of Disbursements and Material Violations. Notwithstanding any other provision of this Agreement, the State Water Board may withhold the disbursement of all or any portion of the Project Funds upon the occurrence of any of the following events: a. The Recipient’s failure to maintain reasonable progress on the Project, as determined by the Division;; b. Placement on the ballot or passage of an initiative or referendum to repeal or reduce the Recipient’s taxes, assessments, fees, or charges levied for operation of the System or repayment of debt service on System Obligations; c. Commencement of litigation or a judicial or administrative proceeding related to the System, Project, or Revenues that the State Water Board determines may impair the timely completion of the Project or the repayment of the Obligation; d. Any investigation by the District Attorney, California State Auditor, Bureau of State Audits, United States Environmental Protection Agency’s Office of Inspector General, the Internal Revenue Service, Securities and Exchange Commission, a grand jury, or any other state or federal agency, relating to the Recipient’s financial management, accounting procedures, or internal fiscal controls; e. A material adverse change in the condition of the Recipient, the Revenues, or the System, which the Division reasonably determines would materially impair the Recipient’s ability to satisfy its obligations under this Agreement, or any other event that the Division reasonably determines would materially impair the Recipient’s ability to satisfy its obligations under this Agreement, f. The Recipient’s material violation of, or threat to materially violate, any term of this Agreement; and g. Evidence of fraud, forgery, embezzlement, theft, or any other misuse of public funds by the Recipient or its employees, or by its contractors or agents regarding the Project or the System; h. An Event of Default or an event that the Division determines may become an Event of Default. 3.7 Pledge; Rates, Fees and Charges; Additional Debt. (a) Establishment of Enterprise Fund and Reserve Fund. In order to carry out its System Obligations, the Recipient covenants that it shall establish and maintain or shall have established and maintained the Enterprise Fund. All Revenues received shall be deposited when and as received in trust in the Enterprise Fund. As required in paragraph (f) of this Section, the Recipient shall establish and maintain a Reserve Fund. (b) Pledge of Net Revenues, Enterprise Fund, and Reserve Fund. The Obligation hereunder shall be secured by a lien on and pledge of the Enterprise Fund, Net Revenues, and any Reserve Fund in priority as specified in Exhibit F (senior, parity, or subordinate). The Recipient hereby pledges and grants such lien on and pledge of the Enterprise Fund, Net Revenues, and any Reserve Fund to secure the Obligation, including payment of Payments and Additional Payments hereunder. The Net Revenues in the Enterprise Fund, shall be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the Recipient. (c) Application and Purpose of the Enterprise Fund. Subject to the provisions of any outstanding System Obligation, money on deposit in the Enterprise Fund shall be applied and used first, to City of South San Francisco Agreement No.: SWRCB0000000000D180100400 Project No.: C-06-8033-110 16 pay Operations and Maintenance Costs, and thereafter, all amounts due and payable with respect to the System Obligations. After making all payments hereinabove required to be made in each Fiscal Year, the Recipient may expend in such Fiscal Year any remaining money in the Enterprise Fund for any lawful purpose of the Recipient, including payment of subordinate debt. (d) Rates, Fees and Charges. The Recipient shall, to the extent permitted by law, fix, prescribe and collect rates, fees and charges for the System during each Fiscal Year which are reasonable, fair, and nondiscriminatory and which will be sufficient to generate Revenues in the amounts necessary to cover Operations and Maintenance Costs, and shall ensure that Net Revenues are equal to at least 115% the Maximum Annual Debt Service with respect to all outstanding System Obligations, so long as System Obligations other than this Obligation are outstanding. Upon defeasance of all System Obligations other than this Obligation, this ratio shall be 110%, except where System Obligations are defeased pursuant to refunding obligations. The Recipient may make adjustments from time to time in such fees and charges and may make such classification thereof as it deems necessary, but shall not reduce the rates, fees and charges then in effect unless the Net Revenues from such reduced rates, fees, and charges will at all times be sufficient to meet the requirements of this section. (e) Additional Debt Test. (1) Additional Senior Debt. The Recipient’s future debt that is secured by Revenues pledged herein may not be senior to this Obligation, except where the new senior obligation refunds or refinances a senior obligation with the same lien position as the existing senior obligation, the new senior obligation has the same or earlier repayment term as the refunded senior debt, the new senior debt service is the same or lower than the existing debt service, and the new senior debt will not diminish the Recipient’s ability to repay its SRF obligations. (2) Additional Parity or Subordinate Debt. The Recipient may issue additional parity or subordinate debt only if (A) Net Revenues in the most recent Fiscal Year, excluding transfers from a rate stabilization fund, if any, meet the ratio for rate covenants set forth in paragraph (d) of this Section with respect to all outstanding and proposed additional obligations; (B) The Recipient is in compliance with any reserve fund requirement of this Obligation. (f) Reserve Fund. Prior to Completion of Construction, the Recipient shall establish a restricted Reserve Fund, held in its Enterprise Fund, equal to one year’s Debt Service on this Obligation. The Recipient shall maintain the Reserve Fund throughout the term of this Agreement. The Reserve Fund shall be subject to lien and pledged as security for this Obligation, and its use shall be restricted to payment of this Obligation during the term of this Agreement. (g) The Recipient may issue or incur subordinate obligations or otherwise issue or incur obligations payable from a lien on Net Revenues that is subordinate to the lien of Net Revenues securing the Obligation. (h) The Recipient shall not make any pledge of or place any lien on Revenues and shall not make any pledge of or place any lien on Net Revenues except as otherwise provided or permitted by this Agreement. City of South San Francisco Agreement No.: SWRCB0000000000D180100400 Project No.: C-06-8033-110 17 3.8 Financial Management System and Standards. The Recipient shall comply with federal standards for financial management systems. The Recipient agrees that, at a minimum, its fiscal control and accounting procedures will be sufficient to permit preparation of reports required by the federal government and tracking of Project funds to a level of expenditure adequate to establish that such funds have not been used in violation of federal or State law or the terms of this Agreement. To the extent applicable, the Recipient shall be bound by, and comply with, the provisions and requirements of the federal Single Audit Act of 1984, Office of Management and Budget (OMB) Circular No. A-133 and 2 CFR Part 200, subpart F, and updates or revisions, thereto. 3.9 Accounting and Auditing Standards. The Recipient must maintain Project accounts according to GAAP as issued by the Governmental Accounting Standards Board (GASB) or its successor. The Recipient shall maintain GAAP-compliant project accounts, including GAAP requirements relating to the reporting of infrastructure assets. 3.10 Other Assistance. If funding for Project Costs is made available to the Recipient from sources other than the Recipient, besides this Agreement, the Recipient shall notify the Division. The Recipient may retain such funding up to an amount which equals the Recipient's local share of Project Costs. To the extent allowed by requirements of other funding sources, excess funding shall be remitted to the State Water Board to be applied to Payments due hereunder, if any. ARTICLE IV MISCELLANEOUS PROVISIONS 4.1 Amendment. No amendment or variation of the terms of this Agreement shall be valid unless made in writing and signed by both the Recipient and the Deputy Director or designee. Requests for amendments shall be made in writing and directed to the Deputy Director. 4.2 Assignability. The Recipient consents to any pledge, sale, or assignment to the Bank or a trustee for the benefit of the owners of the Bonds, if any, at any time of any portion of the State Water Board's estate, right, title, and interest and claim in, to and under this Agreement and the right to make all related waivers and agreements in the name and on behalf of the State Water Board, as agent and attorney-in-fact, and to perform all other related acts which are necessary and appropriate under this Agreement, if any, and the State Water Board's estate, right, title, and interest and claim in, to and under this Agreement to Payments (but excluding the State Water Board's rights to Additional Payments and to notices, opinions and indemnification under each Obligation). This Agreement is not assignable by the Recipient, either in whole or in part, without the consent of the State Water Board in the form of a formal written amendment to this Agreement. 4.3 Bonding. Where contractors are used, the Recipient shall not authorize construction to begin until each contractor has furnished a performance bond in favor of the Recipient in the following amounts: faithful performance (100%) of contract value; labor and materials (100%) of contract value. This requirement shall not apply to any contract for less than $25,000.00. City of South San Francisco Agreement No.: SWRCB0000000000D180100400 Project No.: C-06-8033-110 18 4.4 Competitive Bidding Recipient shall adhere to any applicable state law or local ordinance for competitive bidding and applicable labor laws. 4.5 Compliance with Law, Regulations, etc. The Recipient shall, at all times, comply with and require its contractors and subcontractors to comply with all applicable federal and state laws, rules, guidelines, regulations, and requirements. Without limitation of the foregoing, to the extent applicable, the Recipient shall: (a) Comply with the provisions of the adopted environmental mitigation plan, if any, for the term of this Agreement; (b) Comply with the State Water Board's Policy; (c) Comply with and require compliance with the list of State laws attached as Exhibit H. (d) Comply with and require its contractors and subcontractors on the Project to comply with federal DBE requirements; and (e) Comply with and require its contractors and subcontractors to comply with the list of federal laws attached as Exhibit E. 4.6 Conflict of Interest. The Recipient certifies that its owners, officers, directors, agents, representatives, and employees are in compliance with applicable state and federal conflict of interest laws. 4.7 Damages for Breach Affecting Tax-Exempt Status or Federal Compliance In the event that any breach of any of the provisions of this Agreement by the Recipient shall result in the loss of tax-exempt status for any bonds of the State or any subdivision or agency thereof, including Bonds issued on behalf of the State Water Board, or if such breach shall result in an obligation on the part of the State or any subdivision or agency thereof to reimburse the federal government by reason of any arbitrage profits, the Recipient shall immediately reimburse the State or any subdivision or agency thereof in an amount equal to any damages paid by or loss incurred by the State or any subdivision or agency thereof due to such breach. In the event that any breach of any of the provisions of this Agreement by the Recipient shall result in the failure of Project Funds to be used pursuant to the provisions of this Agreement, or if such breach shall result in an obligation on the part of the State or any subdivision or agency thereof to reimburse the federal government, the Recipient shall immediately reimburse the State or any subdivision or agency thereof in an amount equal to any damages paid by or loss incurred by the State or any subdivision or agency thereof due to such breach. 4.8 Disputes. (a) The Recipient may appeal a staff decision within 30 days to the Deputy Director of the Division or designee, for a final Division decision. The Recipient may appeal a final Division decision to the State Water Board within 30 days. The Office of the Chief Counsel of the State Water Board will prepare a summary of the dispute and make recommendations relative to its final resolution, which will be provided to the State Water Board’s Executive Director and each State Water Board Member. Upon the motion of any State Water Board Member, the State Water Board will review and resolve the dispute in the manner determined by the State Water Board. Should the State Water Board determine not to review the final Division decision, this decision will represent a final agency action on the dispute. City of South San Francisco Agreement No.: SWRCB0000000000D180100400 Project No.: C-06-8033-110 19 (b) This clause does not preclude consideration of legal questions, provided that nothing herein shall be construed to make final the decision of the State Water Board, or any official or representative thereof, on any question of law. (c) Recipient shall continue with the responsibilities under this Agreement during any dispute. (d) This section 4.8 relating to disputes does not establish an exclusive procedure for resolving claims within the meaning of Government Code sections 930 and 930.4. 4.9 Governing Law. This Agreement is governed by and shall be interpreted in accordance with the laws of the State of California. 4.10 Income Restrictions. The Recipient agrees that any refunds, rebates, credits, or other amounts (including any interest thereon) accruing to or received by the Recipient under this Agreement shall be paid by the Recipient to the State Water Board, to the extent that they are properly allocable to costs for which the Recipient has been reimbursed by the State Water Board under this Agreement. 4.11 Indemnification and State Reviews. The parties agree that review or approval of Project plans and specifications by the State Water Board is for administrative purposes only, including conformity with application and eligibility criteria, and expressly not for the purposes of design defect review or construction feasibility, and does not relieve the Recipient of its responsibility to properly plan, design, construct, operate, and maintain the Project. To the extent permitted by law, the Recipient agrees to indemnify, defend, and hold harmless the State Water Board, the Bank, and any trustee, and their officers, employees, and agents for the Bonds, if any (collectively, "Indemnified Persons"), against any loss or liability arising out of any claim or action brought against any Indemnified Persons from and against any and all losses, claims, damages, liabilities, or expenses, of every conceivable kind, character, and nature whatsoever arising out of, resulting from, or in any way connected with (1) the System or the Project or the conditions, occupancy, use, possession, conduct, or management of, work done in or about, or the planning, design, acquisition, installation, or construction, of the System or the Project or any part thereof; (2) the carrying out of any of the transactions contemplated by this Agreement or any related document; (3) any violation of any applicable law, rule or regulation, any environmental law (including, without limitation, the Federal Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act, the California Hazardous Substance Account Act, the Federal Water Pollution Control Act, the Clean Air Act, the Toxic Substances Control Act, the Occupational Safety and Health Act, the Safe Drinking Water Act, the California Hazardous Waste Control Law, and California Water Code Section 13304, and any successors to said laws), rule or regulation or the release of any toxic substance on or near the System; or (4) any untrue statement or alleged untrue statement of any material fact or omission or alleged omission to state a material fact necessary to make the statements required to be stated therein, in light of the circumstances under which they were made, not misleading with respect to any information provided by the Recipient for use in any disclosure document utilized in connection with any of the transactions contemplated by this Agreement, except those arising from the gross negligence or willful misconduct of the Indemnified Persons. The Recipient shall also provide for the defense and indemnification of the Indemnified Parties in any contractual provision extending indemnity to the Recipient in any contract let for the performance of any work under this Agreement, and shall cause the Indemnified Parties to be included within the scope of any provision for the indemnification and defense of the Recipient in any contract or subcontract. To the fullest extent permitted by law, the Recipient agrees to pay and discharge any judgment or award entered or made against Indemnified Persons with respect to any such claim or action, and any settlement, compromise or other voluntary resolution. The City of South San Francisco Agreement No.: SWRCB0000000000D180100400 Project No.: C-06-8033-110 20 provisions of this section shall survive the term of this Agreement and the discharge of the Recipient's Obligation hereunder. 4.12 Independent Actor. The Recipient, and its agents and employees, if any, in the performance of this Agreement, shall act in an independent capacity and not as officers, employees, or agents of the State Water Board. 4.13 Integration. This Agreement constitutes the complete and final agreement between the parties. No oral or written understanding or agreement not incorporated in this Agreement shall be binding on either party. 4.14 Leveraging Covenants. (a) Tax Covenant. Notwithstanding any other provision hereof, the Recipient covenants and agrees that it will comply with the Tax Covenants set forth in Article V of this Agreement. (b) Disclosure of Financial Information, Operating Data, and Other Information. The Recipient covenants to furnish such financial, operating and other data pertaining to the Recipient as may be requested by the State Water Board to: (i) enable the State Water Board to cause the issuance of Bonds and provide for security therefor; or (ii) enable any underwriter of Bonds issued for the benefit of the State Water Board to comply with Rule 15c2-12(b)(5). The Recipient further covenants to provide the State Water Board with copies of all continuing disclosure documents or reports that are disclosed pursuant to (i) the Recipient’s continuing disclosure undertaking or undertakings made in connection with any outstanding System Obligation, (ii) the terms of any outstanding System Obligation, or (iii) a voluntary disclosure of information related to an outstanding System Obligation. The Recipient shall disclose such documents or reports to the State Water Board at the same time such documents or reports are submitted to any dissemination agent, trustee, nationally recognized municipal securities information repository, the Municipal Securities Rulemaking Board’s Electronic Municipal Market Access (EMMA) website or other person or entity. 4.15 Non-Discrimination Clause. (a) The Recipient shall comply with Government Code section 11135 and the implementing regulations (Cal. Code Regs, tit. 2, § 11140 et seq.), including, but not limited to, ensuring that no person is unlawfully denied full and equal access to the benefits of, or unlawfully subjected to discrimination in the operation of, the Project or System on the basis of sex, race, color, religion, ancestry, national origin, ethnic group identification, age, mental disability, physical disability, medical condition, genetic information, marital status, or sexual orientation as such terms are defined under California law, for as long as the Recipient retains ownership or possession of the Project. (b) If Project Funds are used to acquire or improve real property, the Recipient shall include a covenant of nondiscrimination running with the land in the instrument effecting or recording the transfer of such real property. (c) The Recipient shall comply with the federal American with Disabilities Act of 1990 and implementing regulations as required by Government Code section 11135(b). (d) The Recipient’s obligations under this section shall survive the term of this Agreement. (e) During the performance of this Agreement, Recipient and its contractors and subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for City of South San Francisco Agreement No.: SWRCB0000000000D180100400 Project No.: C-06-8033-110 21 employment because of sex, race, color, ancestry, religious creed, national origin, sexual orientation, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, denial of family care leave, or genetic information, gender, gender identity, gender expression, or military and veteran status. (f) The Recipient, its contractors, and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. (g) The Recipient, its contractors, and subcontractors shall comply with the provisions of the Fair Employment and Housing Act and the applicable regulations promulgated thereunder. (Gov. Code, §12990, subds. (a)-(f) et seq.;Cal. Code Regs., tit. 2, § 7285 et seq.) Such regulations are incorporated into this Agreement by reference and made a part hereof as if set forth in full. (h) The Recipient, its contractors, and subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (i) The Recipient shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Agreement. 4.16 No Third Party Rights. The parties to this Agreement do not create rights in, or grant remedies to, any third party as a beneficiary of this Agreement, or of any duty, covenant, obligation, or undertaking established herein. 4.17 Operation and Maintenance; Insurance. The Recipient agrees to sufficiently and properly staff, operate and maintain all portions of the System during its useful life in accordance with all applicable state and federal laws, rules, and regulations. The Recipient will procure and maintain or cause to be maintained insurance on the System with responsible insurers, or as part of a reasonable system of self-insurance, in such amounts and against such risks (including damage to or destruction of the System) as are usually covered in connection with systems similar to the System. Such insurance may be maintained by a self-insurance plan so long as such plan provides for (i) the establishment by the Recipient of a separate segregated self-insurance fund in an amount determined (initially and on at least an annual basis) by an independent insurance consultant experienced in the field of risk management employing accepted actuarial techniques and (ii) the establishment and maintenance of a claims processing and risk management program. In the event of any damage to or destruction of the System caused by the perils covered by such insurance, the net proceeds thereof shall be applied to the reconstruction, repair or replacement of the damaged or destroyed portion of the System. The Recipient shall begin such reconstruction, repair or replacement as expeditiously as possible, and shall pay out of such net proceeds all costs and expenses in connection with such reconstruction, repair or replacement so that the same shall be completed and the System shall be free and clear of all claims and liens. If such net proceeds are insufficient to reconstruct, repair, or restore the System to the extent necessary to enable the Recipient to pay all remaining unpaid principal portions of the Payments, if any, in accordance with the terms of this Agreement, the Recipient shall provide additional funds to restore or replace the damaged portions of the System. Recipient agrees that for any policy of insurance concerning or covering the construction of the Project, it will cause, and will require its contractors and subcontractors to cause, a certificate of insurance to be issued showing the State Water Board, its officers, agents, employees, and servants as additional City of South San Francisco Agreement No.: SWRCB0000000000D180100400 Project No.: C-06-8033-110 22 insured; and shall provide the Division with a copy of all such certificates prior to the commencement of construction of the Project. 4.18 Permits, Subcontracting, and Remedies. The Recipient shall comply in all material respects with all applicable federal, state and local laws, rules and regulations. Recipient shall procure all permits, licenses and other authorizations necessary to accomplish the work contemplated in this Agreement, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work. Signed copies of any such permits or licenses shall be submitted to the Division before construction begins. The Recipient shall not contract or allow subcontracting with excluded parties. The Recipient shall not contract with any party who is debarred or suspended or otherwise excluded from or ineligible for participation in any work overseen, directed, funded, or administered by the State Water Board program for which this funding is authorized. For any work related to this Agreement, the Recipient shall not contract with any individual or organization on the State Water Board’s List of Disqualified Businesses and Persons that is identified as debarred or suspended or otherwise excluded from or ineligible for participation in any work overseen, directed, funded, or administered by the State Water Board program for which funding under this Agreement is authorized. The State Water Board’s List of Disqualified Businesses and Persons is located at http://www.waterboards.ca.gov/water_issues/programs/enforcement/fwa/dbp.shtml 4.19 Prevailing Wages. The Recipient agrees to be bound by all applicable provisions of State Labor Code regarding prevailing wages. The Recipient shall monitor all agreements subject to reimbursement from this Agreement to ensure that the prevailing wage provisions of the State Labor Code are being met. In addition, the Recipient agrees to comply with the provisions of Exhibit G (Davis-Bacon). 4.20 Public Funding. This Project is publicly funded. Any service provider or contractor with which the Recipient contracts must not have any role or relationship with the Recipient, that, in effect, substantially limits the Recipient's ability to exercise its rights, including cancellation rights, under the contract, based on all the facts and circumstances. 4.21 Recipient’s Responsibility for Work. The Recipient shall be responsible for all work and for persons or entities engaged in work performed pursuant to this Agreement, including, but not limited to, contractors, subcontractors, suppliers, and providers of services. The Recipient shall be responsible for responding to any and all disputes arising out of its contracts for work on the Project. The State Water Board will not mediate disputes between the Recipient and any other entity concerning responsibility for perform ance of work. 4.22 Related Litigation. Under no circumstances may the Recipient use funds from any disbursement under this Agreement to pay costs associated with any litigation the Recipient pursues against the State Water Board or any Regional Water Quality Control Board. Regardless of the outcome of any such litigation, and notwithstanding any conflicting language in this Agreement, the Recipient agrees to repay all of the disbursed funds plus interest in the event that Recipient does not complete the Project. City of South San Francisco Agreement No.: SWRCB0000000000D180100400 Project No.: C-06-8033-110 23 4.23 Rights in Data. The Recipient agrees that all data, plans, drawings, specifications, reports, computer programs, operating manuals, notes, and other written or graphic work produced in the performance of this Agreement are subject to the rights of the State as set forth in this section. The State shall have the right to reproduce, publish, and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Recipient may copyright the same, except that, as to any work which is copyrighted by the Recipient, the State reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, and use such work, or any part thereof, and to authorize others to do so, and to receive electronic copies from the Recipient upon request. 4.24 State Water Board Action; Costs and Attorney Fees. Any remedy provided in this Agreement is in addition to and not in derogation of any other legal or equitable remedy available to the State Water Board as a result of breach of this Agreement by the Recipient, whether such breach occurs before or after completion of the Project, and exercise of any remedy provided by this Agreement by the State Water Board shall not preclude the State Water Board from pursuing any legal remedy or right which would otherwise be available. In the event of litigation between the parties hereto arising from this Agreement, it is agreed that each party shall bear its own costs and attorney fees. 4.25 Termination and Other Remedies Upon Event of Default. For purposes of this section, the term “State Water Board” shall mean the State Water Board and its assignees. (a) Return of Funds; Acceleration; and Additional Payments. Notwithstanding Exhibit B, if the Division determines that an Event of Default has occurred, the Recipient shall, upon demand, immediately do each of the following: (1) RESERVED. (2) accelerate the payment of all principal owed under this Agreement, if any, which shall be immediately due and payable; (3) pay interest at the highest legal rate on all amounts owed; and (4) pay any Additional Payments. (b) Judicial remedies. Whenever the State Water Board determines that an Event of Default shall have occurred, the State Water Board may enforce its rights under this Agreement by any judicial proceeding, whether at law or in equity. Without limiting the generality of the foregoing, the State Water Board may: by suit in equity, require the Recipient to account for amounts relating to this Agreement as if the Recipient were the trustee of an express trust; by mandamus or other proceeding, compel the performance by the Recipient and any of its officers, agents, and employees of any duty under the law or of any obligation or covenant under this Agreement, including but not limited to the imposition and collection of rates for the services of the System sufficient to meet all requirements of this Agreement; and take whatever action at law or in equity as may appear necessary or desirable to the State Water Board to collect the Payments then due or thereafter to become due, or to enforce performance of any obligation or covenant of the Recipient under this Agreement. (c) Termination. Upon an Event of Default, the State Water Board may terminate this Agreement. Interest shall accrue on all amounts due at the highest legal rate of interest from the date that the State Water Board delivers notice of termination to the Recipient. City of South San Francisco Agreement No.: SWRCB0000000000D180100400 Project No.: C-06-8033-110 24 (d) Remedies Not Exclusive. None of the remedies available to the State Water Board shall be exclusive of any other remedy, and each such remedy shall be cumulative and in addition to every other remedy given hereunder or now or hereafter existing at law or in equity. The State Water Board may exercise any remedy, now or hereafter existing, without exhausting and without regard to any other remedy. (e) Non-waiver. Nothing in this section or any other section of this Agreement shall affect or impair the Recipient’s obligation to pay Payments as provided herein or shall affect or impair the right of the State Water Board to bring suit to enforce such payment. No delay or omission of the State Water Board in the exercise of any right arising upon an Event of Default shall impair any such right or be construed to be a waiver of any such Event of Default. The State Water Board may exercise from time to time and as often as shall be deemed expedient by the State Water Board, any remedy or right provided by law or pursuant to this Agreement. (f) Status Quo. If any action to enforce any right or exercise any remedy shall be brought and either discontinued or determined adversely to the State Water Board, then the State Water Board shall be restored to its former position, rights and remedies as if no such action had been brought. 4.26 Timeliness. Time is of the essence in this Agreement. 4.27 Unenforceable Provision. In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby. 4.28 Useful Life. The Recipient warrants that the economic useful life of the Project, commencing at Project Completion, is at least equal to the duration set forth in Exhibit B. 4.29 Venue. Any action arising out of this Agreement shall be filed and maintained in the Superior Court in and for the County of Sacramento, California. 4.30 Waiver and Rights of the State Water Board. Any waiver of rights by the State Water Board with respect to a default or other matter arising under this Agreement at any time shall not be considered a waiver of rights with respect to any other default or matter. Any rights and remedies of the State Water Board provided for in this Agreement are in addition to any other rights and remedies provided by law. City of South San Francisco Agreement No.: SWRCB0000000000D180100400 Project No.: C-06-8033-110 25 ARTICLE V TAX COVENANTS 5.1 Purpose. The purpose of this Article V is to establish the reasonable expectations of the Recipient regarding the Project and the Project Funds, and is intended to be and may be relied upon for purposes of Sections 103, 141 and 148 of the Code and as a certification described in Section 1.148-2(b)(2) of the Treasury Regulations. This Article V sets forth certain facts, estimates and circumstances which form the basis for the Recipient’s expectation that neither the Project nor the Bond Funded Portion of the Project Funds is to be used in a manner that would cause the Obligation to be classified as “arbitrage bonds” under Section 148 of the Code or “private activity bonds” under Section 141 of the Code. 5.2 Tax Covenant. The Recipient agrees that it will not take or authorize any action or permit any action within its reasonable control to be taken, or fail to take any action within its reasonable control, with respect to the Project which would result in the loss of the exclusion of interest on the Bonds from gross income for federal income tax purposes under Section 103 of the Code. 5.3 Governmental Unit. The Recipient is a state or local governmental unit as defined in Section 1.103-1 of the Treasury Regulations or an instrumentality thereof (a "Governmental Unit") and is not the federal government or any agency or instrumentality thereof. 5.4 Financing of a Capital Project. The Recipient will use the Project Funds to finance costs it has incurred or will incur for the construction, reconstruction, installation or acquisition of the Project. Such costs shall not have previously been financed with the proceeds of any other issue of tax-exempt obligations. 5.5 Ownership and Operation of Project. The Recipient and the City of San Bruno jointly own and, except as provided in Section 5.12 hereof, operate the Project. 5.6 Temporary Period. The Recipient reasonably expects that at least eighty-five percent (85%) of the Bond Funded Portion of the Project Funds will be allocated to expenditures for the Project within three (3) years of the earlier of the effective date of this Agreement or the date the Bonds are issued ("Applicable Date"). The Recipient has incurred, or reasonably expects that it will incur within six (6) months of the Applicable Date, a substantial binding obligation (i.e., not subject to contingencies within the control of the Recipient or a related party) to a third party to expend at least five percent (5%) of the Bond Funded Portion of the Project Funds on Project Costs. The completion of acquisition, construction, improvement and equipping of the Project and the allocation of the Bond Funded Portion of the Project Funds to Project Costs will proceed with due diligence. 5.7 Working Capital. No operational expenditures of the Recipient or any related entity are being, have been or will be financed or refinanced with Project Funds. City of South San Francisco Agreement No.: SWRCB0000000000D180100400 Project No.: C-06-8033-110 26 5.8 Expenditure of Proceeds. The Bond Funded Portion of the Project Funds shall be used exclusively for the following purposes: (i) Reimbursement Expenditures (as defined in Section 5.20 below), (ii) Preliminary Expenditures (as defined in Section 5.20 below) in an aggregate amount not exceeding twenty percent (20%) of the Bond Funded Portion of the Project Funds, (iii) capital expenditures relating to the Project originally paid by the Recipient on or after the date hereof, (iv) interest on the Obligation through the later of three (3) years after the Applicable Date or one (1) year after the Project is placed in service, and (v) initial operating expenses directly associated with the Project in the aggregate amount not more than five percent (5%) of the Bond Funded Portion of the Project Funds. 5.9 Private Use and Private Payments. No portion of the Project Funds or the Project is being, has been or will be used in the aggregate for any activities that constitute a Private Use (as defined below). No portion of the principal of or interest with respect to the Payments will be secured by any interest in property (whether or not the Project) used for a Private Use or in payments in respect of property used for a Private Use, or will be derived from payments in respect of property used for a Private Use. "Private Use" means any activity that constitutes a trade or business that is carried on by persons or entities, other than a Governmental Unit. The leasing of the Project or the access by or the use of the Project by a person or entity other than a Governmental Unit on a basis other than as a member of the general public shall constitute a Private Use. Use by or on behalf of the State of California or any of its agencies, instrumentalities or subdivisions or by any local Governmental Unit and use as a member of the general public will be disregarded in determining whether a Private Use exists. Use under an arrangement that conveys priority rights or other preferential benefits is generally not use on the same basis as the general public. Arrangements providing for use that is available to the general public at no charge or on the basis of rates that are generally applicable and uniformly applied do not convey priority rights or other preferential benefits. For this purpose, rates may be treated as generally applicable and uniformly applied even if (i) different rates apply to different classes of users, such as volume purchasers, if the differences in rates are customary and reasonable; or (ii) a specially negotiated rate arrangement is entered into, but only if the user is prohibited by federal law from paying the generally applicable rates, and the rates established are as comparable as reasonably possible to the generally applicable rates. An arrangement that does not otherwise convey priority rights or other preferential benefits is not treated, nevertheless, as general public use if the term of the use under the arrangement, including all renewal options, is greater than 200 days. For this purpose, a right of first refusal to renew use under the arrangement is not treated as a renewal option if (i) the compensation for the use under the arrangement is redetermined at generally applicable, fair market value rates that are in effect at the time of renewal; and (ii) the use of the financed property under the same or similar arrangements is predominantly by natural persons who are not engaged in a trade or business. 5.10 No Sale, Lease or Private Operation of the Project. The Project (or any portion thereof) will not be sold or otherwise disposed of, in whole or in part, to any person who is not a Governmental Unit prior to the final maturity date of the Obligation. The Project will not be leased to any person or entity that is not a Governmental Unit prior to the final maturity date of the Obligation. Except as permitted under Section 5.12 hereof, the Recipient will not enter any contract or arrangement or cause or permit any contract or arrangement to be entered with persons or entities that are not Governmental Units if that contract or arrangement would confer on such persons or entities any right to use the Project on a basis different from the right of members of the general public. The contracts or arrangements contemplated by the preceding sentence include but are not limited to management contracts, take or pay contracts or put or pay contracts, and capacity guarantee contracts. City of South San Francisco Agreement No.: SWRCB0000000000D180100400 Project No.: C-06-8033-110 27 5.11 No Disproportionate or Unrelated Use. No portion of the Project Funds or the Project is being, has been, or will be used for a Private Use that is unrelated or disproportionate to the governmental use of the Project Funds. 5.12 Management and Service Contracts. The Recipient represents that, as of the date hereof, it is not a party to any contract, agreement or other arrangement with any persons or entities engaged in a trade or business (other than Governmental Units) that involve the management or operation of property or the provision of services at or with respect to the Project that does not comply with the standards of the Treasury Regulations, Revenue Procedure 97-13, as modified by Revenue Procedure 2001-39 and IRS Notice 2014-67, or Revenue Procedure 2017-13, as applicable. The Recipient represents that it will not be party to any such contract, agreement or arrangement with any person or entity that is not a Governmental Unit for the management of property or the provision of services at or with respect to the Project, while the Obligation (including any obligation or series thereof issued to refund the Obligation, as the case may be) is outstanding, except: (a) with respect to any contract, agreement or arrangement that does not constitute “private business use” of the Project under Code §141(b), or (b) with respect to any contract, agreement or arrangement that complies with (i) Revenue Procedure 97-13, 1997-1 C.B. 632, as amended by Revenue Procedure 2001-39, 2001- 2 C.B. 38, and as amplified by Notice 2014-67, with respect to contracts entered into before August 18, 2017 and not materially modified or extended after August 18, 2017, or (ii) Revenue Procedure 2017-13, with respect to contracts entered into or materially modified or extended on or after August 18, 2017, or (c) with respect to any contract, agreement or arrangement that does not give rise to use of the Bond Funded Portion of the Project Funds or the Project by a non-Governmental Unit of more than the amount of such non-qualified use permitted by the Code, or (d) in the event that the Recipient receives an opinion of counsel, satisfactory to the State Water Board and the Bank and expert in the issuance of state and local government bonds the interest on which is excluded from gross income under Section 103 of the Code (“Nationally-Recognized Bond Counsel”), that such contract, agreement or arrangement will not adversely affect the exclusion of the interest on the Obligation from gross income for federal income taxation purposes. 5.13 No Disposition of Financed Property. As of the date hereof, the Recipient does not expect to sell or otherwise dispose of any portion of the Project, in whole or in part, prior to the final maturity date of the Obligation. 5.14 Useful Life of Project. As of the date hereof, the Recipient reasonably expects that the economic useful life of the Project, commencing at Project Completion, will be at least equal to the term of this Agreement, as set forth on Exhibit B hereto. 5.15 Payments. Payments generally are expected to be derived from assessments, taxes, fees, charges or other current Revenues of the Recipient in each year, and such current Revenues are expected to equal or exceed the Payments during each payment period. Any amounts accumulated in a sinking fund or bona fide debt service fund to pay Payments (whether or not deposited to a fund or account established by the Recipient) will be disbursed to pay Payments within thirteen months of the initial date of accumulation or deposit. Any such fund used for the payment of Payments will be depleted once a year except for a reasonable carryover amount not exceeding the greater of earnings on such fund or one-twelfth of the Payments in either case for the immediately preceding year. City of South San Francisco Agreement No.: SWRCB0000000000D180100400 Project No.: C-06-8033-110 28 5.16 No Other Replacement Proceeds. The Recipient will not use any of the Bond Funded Portion of the Project Funds to replace or substitute other funds of the Recipient that were otherwise to be used to finance the Project or which are or will be used to acquire securities, obligations or other investment property reasonably expected to produce a yield that is materially higher than the yield on the Bonds. 5.17 No Sinking or Pledged Fund. Except as set forth in Section 5.18 below, the Recipient will not create or establish any sinking fund or pledged fund which will be used to pay Payments on the Obligation within the meaning of Section 1.148- 1(c) of the Treasury Regulations. If any sinking fund or pledged fund comes into being with respect to the Obligation before the Obligation has been fully retired which may be used to pay the Payments, the Recipient will invest such sinking fund and pledged fund moneys at a yield that does not exceed the yield on the Bonds. 5.18 Reserve Amount. The State Water Board requires that the Recipient maintain and fund a separate account in an amount equal to one (1) year of Debt Service with respect to the Obligation (the “Reserve Amount”) as set forth in Section 3.7. The Recipient represents that the Reserve Amount is and will be available to pay debt service with respect to the Obligation, if and when needed. The Reserve Amount consists solely of revenues of the Recipient and does not include any proceeds of any obligations the interest on which is excluded from gross income for federal income tax purposes or investment earnings thereon. The aggregate of the Reserve Amount, up to an amount not exceeding the lesser of (i) ten percent of the aggregate principal amount of the Obligation, (ii) the maximum annual debt service with respect to the Obligation, or (iii) 125 percent of the average annual debt service with respect to the Obligation, will be treated as a reasonably required reserve fund. 5.19 Reimbursement Resolution. The “reimbursement resolution” adopted by the Recipient is incorporated herein by reference, pursuant to Exhibit A. 5.20 Reimbursement Expenditures. Reimbursements are disallowed, except as specifically authorized in Exhibit B or Exhibit D of this Agreement. To the extent so authorized, a portion of the Bond Funded Portion of the Project Funds may be applied to reimburse the Recipient for Project Costs paid before the date hereof, so long as the Project Cost was (i) not paid prior to sixty (60) days before the Recipient’s adoption of a declaration of official intent to finance the Project, (ii) not paid more than eighteen (18) months prior to the date hereof or the date the Project was placed-in-service, whichever is later, and (iii) not paid more than three (3) years prior to the date hereof (collectively, “Reimbursement Expenditures”), unless such cost is attributable to a “preliminary expenditure.” Preliminary expenditure for this purpose means architectural, engineering, surveying, soil testing and similar costs incurred prior to the commencement of construction or rehabilitation of the Project, but does not include land acquisition, site preparation and similar costs incident to the commencement of acquisition, construction or rehabilitation of the Project. Preliminary expenditures may not exceed 20% of the Bond Funded Portion of the Project Funds. 5.21 Change in Use of the Project. The Recipient reasonably expects to use all of the Bond Funded Portion of the Project Funds and the Project for the entire stated term to maturity of the Obligation. Absent an opinion of Nationally- Recognized Bond Counsel to the effect that such use of the Bond Funded Portion of the Project Funds will not adversely affect the exclusion from federal gross income of interest on the Bonds pursuant to City of South San Francisco Agreement No.: SWRCB0000000000D180100400 Project No.: C-06-8033-110 29 Section 103 of the Code, the Recipient will use the Bond Funded Portion of the Project Funds and the Project solely as set forth in this Agreement. 5.22 Rebate Obligations. If the Recipient satisfies the requirements of one of the spending exceptions to rebate specified in Section 1.148-7 of the Treasury Regulations, amounts earned from investments, if any, acquired with the Bond Funded Portion of the Project Funds will not be subject to the rebate requirements imposed under Section 148(f) of the Code. If the Recipient fails to satisfy such requirements for any period, it will notify the State Water Board and the Bank immediately and will comply with the provisions of the Code and the Treasury Regulations at such time, including the payment of any rebate amount calculated by the State Water Board or the Bank. 5.23 No Federal Guarantee. The Recipient will not directly or indirectly use any of the Bond Funded Portion of the Project Funds in any manner that would cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the Code, taking into account various exceptions including any guarantee related to investments during an initial temporary period until needed for the governmental purpose of the Bonds, investments as part of a bona fide debt service fund, investments of a reasonably required reserve or replacement fund, investments in bonds issued by the United States Treasury, investments in refunding escrow funds or certain other investments permitted under the Treasury Regulations. 5.24 No Notices or Inquiries from IRS. Within the last 10 years, the Recipient has not received any notice of a final action of the Internal Revenue Service that determines that interest paid or payable on any debt obligation of the Recipient is or was includable in the gross income of an owner or beneficial owner thereof for federal income tax purposes under the Code. 5.25 Amendments. The provisions in this Article may be amended, modified or supplemented at any time to reflect changes in the Code upon obtaining written approval of the State Water Board and the Bank and an opinion of Nationally-Recognized Bond Counsel to the effect that such amendment, modification or supplement will not adversely affect the exclusion from federal gross income of interest on the Bonds pursuant to Section 103 of the Code. 5.26 Reasonable Expectations. The Recipient warrants that, to the best of its knowledge, information and belief, and based on the facts and estimates as set forth in the tax covenants in this Article, the expectations of the Recipient as set forth in this Article are reasonable. The Recipient is not aware of any facts or circumstances that would cause it to question the accuracy or reasonableness of any representation made in the provisions in this Article V. City of South San Francisco Agreement No.: SWRCB0000000000D180100400 Project No.: C-06-8033-110 30 IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. CITY OF SOUTH SAN FRANCISCO: By: ____________________________________ Name: Mike Futrell Title: City Manager Date: __________________________________ STATE WATER RESOURCES CONTROL BOARD: By: ____________________________________ Name: Leslie Laudon Title: Deputy Director Division of Financial Assistance Date: __________________________________ City of South San Francisco Agreement No.: SWRCB0000000000D180100400 Project No.: C-06-8033-110 EXHIBIT A – SCOPE OF WORK A-1 1. Eligible Start Date. The Eligible Start Date is September 20, 2018. 2. Start of Construction Date. The Recipient agrees to start construction no later than the date of September 4, 2018. 3. Completion of Construction Date. The Completion of Construction date is hereby established as October 3, 2022. The Recipient shall deliver any request for extension of the Completion of Construction date no less than 90 days prior to the Completion of Construction date. 4. Final Disbursement Request Date. The Recipient agrees to ensure that its final Request for Disbursement is received by the Division no later than April 3, 2023, unless prior approval has been granted by the Division. Otherwise, the undisbursed balance of this Agreement will be deobligated. 5. Records Retention Date is October 3, 2058. 6. Incorporated Documents. Incorporated by reference into this Agreement are the following documents: a. the Final Plans & Specifications received September 8, 2018 and Addenda Nos. 1, 2, 3, 4, 5, 6 & 7, issued April 10, 2018, May 8, 2018, May 15, 2018, May 16, 2018, May 17, 2018, May 21, 2018 and May 30, 2018, respectively, which are the basis for the construction contract to be awarded by the Recipient to Flatiron West, Inc.; b. the Waste Discharge Requirement Order No. R2-2014-0012 and National Pollutant Discharge Elimination System Permit No. CA0038130; c. the Recipient’s Reimbursement Resolution No. 89-2017 dated July 12, 2017; d. the Recipient’s Tax Questionnaire dated June 30, 2017. 7. Reporting. Status Reports due at least quarterly. 8. Purpose The Project is required to maintain compliance with the Regional Water Quality Control Board (RWQCB) requirements. The San Francisco Bay RWQCB adopted a new National Pollution Discharge Elimination System (NPDES) discharge permit for the Water Quality Control Plan in 2014. NPDES restrictions include the elimination of near-shore discharges of secondary or primary treated effluent to Colma Creek and to minimize effluent blending of secondary and primary effluent. The existing treatment facilities cannot achieve these requirements. The Project will address the new NPDES discharge requirements. 9. Scope of Work The Project will include all planning, design, and procurement necessary to construct the following elements: • New selectors for Aeration Basins No. 5 through 7. • New Secondary Clarifier No. 4. • New RAS/WAS Pumps and Piping between Flow Splitting Structures 2 or 3. City of South San Francisco Agreement No.: SWRCB0000000000D180100400 Project No.: C-06-8033-110 EXHIBIT A – SCOPE OF WORK A-2 • Repurpose Aeration Basins No. 1 through 4 to wet weather flow storage basins. • Raise the Mixed Liquor Channel height. • Replace Digesters No. 1 and 2 with a high solids digestion system. • Rehabilitate Digester No. 3. • Install Digester Gas Treatment System. 10. Signage. The Recipient shall place a sign at least four feet tall by eight feet wide made of ¾ inch thick exterior grade plywood or other approved material in a prominent location on the Project site and shall maintain the sign in good condition for the duration of the construction period. The sign must include the following disclosure statement and color logos (available from the Division): “Funding for this South San Francisco/San Bruno Water Quality Control Plant Improvements Project has been provided in full or in part by the Clean Water State Revolving Fund through an agreement with the State Water Resources Control Board. California’s Clean Water State Revolving Fund is capitalized through a variety of funding sources, including grants from the United States Environmental Protection Agency and state bond proceeds.” The Project sign may include another agency's required promotional information so long as the above logos and disclosure statement are equally prominent on the sign. The sign shall be prepared in a professional manner. The Recipient shall include the following disclosure statement in any document, written report, or brochure prepared in whole or in part pursuant to this Agreement: “Funding for this project has been provided in full or in part through an agreement with the State Water Resources Control Board. California’s Clean Water State Revolving Fund is capitalized through a variety of funding sources, including grants from the United States Environmental Protection Agency and state bond proceeds. The contents of this document do not necessarily reflect the views and policies of the foregoing, nor does mention of trade names or commercial products constitute endorsement or recommendation for use.” City of South San Francisco Agreement No.: SWRCB0000000000D180100400 Project No.: C-06-8033-110 EXHIBIT A-FBA – FINAL BUDGET APPROVAL A-FBA-1 Table 1: Approved Construction Bid Amount CONTRACTOR AMOUNT BID APPROVED COSTS Flatiron West, Inc. $49,600,891 $47,132,720 The amount bid is more than approved costs, the Recipient and San Bruno will pay the $26,392,157 of costs related to the high solids Digester System and Mixer equipment. 1 - BUDGET Table 2: Approved Final Project Budget PROJECT COST TABLE TYPE OF WORK APPROVED BUDGET A. Construction Flatiron West, Inc. $47,132,720 B. Pre-Purchased Material/Equipment $0 C. Land Purchase $0 D. Change Order Contingency $2,480,045 E. Allowances Planning $0 Design $0 Construction Management $3,790,235 Administration $0 Value Engineering $0 Subtotal - E $3,790,235 TOTAL (Subtotal A+B+C+D+E) $53,403,000 Note: Adjustments may be made between line items on the final request for disbursement. City of South San Francisco Agreement No.: SWRCB0000000000D180100400 Project No.: C-06-8033-110 EXHIBIT A-FBA – FINAL BUDGET APPROVAL A-FBA-2 2 - PROJECT ELIGIBILITY DETERMINATION The eligibility determinations and conditions of approval identified below are based on the review of: • Stamped and Signed Final Plan and Specifications (P&S) for the Project received September 8, dated March 6, 2018. • Addenda Nos. 1, 2, 3, 4, 5, 6, and 7, issued April 10, 2018, May 8, 2018, May 15, 2018, May 16, 2018, May 17, 2018, May 21, 2018, May 30, 2018 respectively. The eligibility determination for the bid items shown in the schedule of values provided by the Recipient are as follows: Table 3: Eligibility Determination Agreement: Bid Item Description Percent Eligibility 1 All Work excluding other items 100% 2 Sheeting, Shoring, etc. 100% 3 Geotechnical Report 100% 4 Linear Motion Mixing Equipment 0% (see Condition 1) 5 High-Solids Digestion System 0% (see Condition 1) 6 Structural Concrete Repair 100% 7 Excavation of 850 cy Fill/Silty Solids 100% 8 Excavation of 90 cy Bedrock 100% 9 Excavation of 980 cy CLSM 100% 10 Pavement Slurry Seal 100% 11 New Pavement Section 100% Bid items as shown in the schedule of values provided by the Recipient Eligibility Determination Conditions of Approval 1. The Recipient intends to self-fund cost associated with Bid Items 4 and 5 shown above. The Recipient pre-negotiated costs associated with Aenergia to construct high solids digester, which is a proprietary process. 2. Necessary insurance directly related to the construction contract and extending throughout the period of the construction contract will be eligible for CWSRF financing. This includes builder risk insurance, public liability insurance, fire, and Project specific insurance. 3. Earthquake insurance and “Act of God” insurance are ineligible for funding. 4. Asphalt pavement, corresponding improvements, and excavation and refill materials due to trenching are limited to replacement of the trench width plus one foot on each side of the trench disturbed due City of South San Francisco Agreement No.: SWRCB0000000000D180100400 Project No.: C-06-8033-110 EXHIBIT A-FBA – FINAL BUDGET APPROVAL A-FBA-3 to the construction work of the subject contract only. Full lane width paving or slurry seal is eligible only if required by ordinance or code. 5. The cost of local permits and licenses other than those issued by the Recipient are eligible for CWSRF financing. 6. The approved change order contingency may not be increased above the approved contingency shown in Table 2. Any unclaimed construction or allowance costs may also be used towards construction change orders. The change order approval may not: (1) increase the maximum amount of the financing agreement based on Table 2: Approved Construction Budget, (2) increase the term of the financing agreement, or (3) result in a substantial change in the Project scope. 7. Review of the P&S by the Division is conducted to determine eligibility and administrative compliance with the Policy. Issuance of the FBA does not relieve the Recipient and the design engineer of their legal liability for the adequacy of the design. 3 – PROJECT COMPLETION Project Completion Report: The Project completion report shall contain the following: 1. A description of the final constructed Project. 2. A description of the water quality problem the Project sought to address. 3. A discussion of the Project’s likelihood of successfully addressing that water quality problem in the future, and 4. Summarize compliance with environmental conditions, if applicable. Project Completion Reporting: 1. The Recipient must notify the appropriate Regional Water Board and the Division that its Project was completed by submitting a Project Completion Report to the Division with a copy to the Regional Water Board. The Project Completion Report must be submitted on or before the due date established per section XIII(B)(2) of the CWSRF Policy. 2. The State Water Board expects the Recipient to prepare and send a timely and complete report. The State Water Board may avail itself of any legal means to obtain this report. (See Water Code §13267.) City of South San Francisco Agreement No.: SWRCB0000000000D180100400 Project No.: C-06-8033-110 EXHIBIT B – PROJECT FINANCING AMOUNT B-1 s2014 5xi14 1. Estimated Reasonable Cost. The estimated reasonable cost of the total Project, including associated planning and design costs, is fifty-three million four hundred three thousand dollars and no cents ($53,403,000.00). 2. Project Financing. Subject to the terms of this Agreement, the State Water Board agrees to provide Project Funds in the amount of up to fifty-three million four hundred three thousand dollars and no cents ($53,403,000.00). A portion of this amount four million dollars and no cents ($4,000,000.00) is anticipated to be forgiven on the date of Completion of Construction. The estimated amount of principal that will be due to the State Water Board under this Agreement is forty-nine million four hundred three thousand dollars and no cents ($49,403,000.00). 3. Payment, Interest Rate, and Charges. The Recipient agrees to make all Payments according to the schedule in Exhibit C at an interest rate of one and eight tenths (1.8%) per annum. In lieu of, and not to exceed, interest otherwise due under this Agreement, the Recipient agrees to pay the following charge(s), as further set forth in Exhibit C: • an Administrative Service Charge • a Small Community Grant Fund Charge 4. Contingent Principal Forgiveness. Contingent on the Recipient’s performance of its obligations under this Agreement, the State Water Board agrees to forgive up to four million dollars and no cents ($4,000,000.00) of the principal under this Agreement at Completion of Construction. 5. Useful Life. The useful life of this Project is at least thirty-one (31) years. 6. The Final Repayment Date is October 3, 2042. 7. Budget costs are contained in the Project Cost Table, which is part of Exhibit A-FBA. City of South San Francisco Agreement No.: SWRCB0000000000D180100400 Project No.: C-06-8033-110 EXHIBIT C – PAYMENT SCHEDULE C-1 s2014 5xi14 See the attached preliminary CWSRF Payment Schedule. The final Payment Schedule will be forwarded to the Recipient after all disbursements have been paid and construction of the Project has been completed. Ref Num Due Date Date Received Principal Payment Interest Rate% Interest Payment Total P and I Payment Total Payment Ending Balance CPI Interest 1 10/3/2023 2,118,674.02 1.800 841,860.12 2,960,534.14 2,960,534.14 47,284,325.98 0.00 2 10/3/2024 2,109,416.27 1.800 851,117.87 2,960,534.14 2,960,534.14 45,174,909.71 0.00 3 10/3/2025 2,147,385.77 1.800 813,148.37 2,960,534.14 2,960,534.14 43,027,523.94 0.00 4 10/3/2026 2,186,038.71 1.800 774,495.43 2,960,534.14 2,960,534.14 40,841,485.23 0.00 5 10/3/2027 2,225,387.41 1.800 735,146.73 2,960,534.14 2,960,534.14 38,616,097.82 0.00 6 10/3/2028 2,265,444.38 1.800 695,089.76 2,960,534.14 2,960,534.14 36,350,653.44 0.00 7 10/3/2029 2,306,222.38 1.800 654,311.76 2,960,534.14 2,960,534.14 34,044,431.06 0.00 8 10/3/2030 2,347,734.38 1.800 612,799.76 2,960,534.14 2,960,534.14 31,696,696.68 0.00 9 10/3/2031 2,389,993.60 1.800 570,540.54 2,960,534.14 2,960,534.14 29,306,703.08 0.00 10 10/3/2032 2,433,013.48 1.800 527,520.66 2,960,534.14 2,960,534.14 26,873,689.60 0.00 11 10/3/2033 2,476,807.73 1.800 483,726.41 2,960,534.14 2,960,534.14 24,396,881.87 0.00 12 10/3/2034 2,521,390.27 1.800 439,143.87 2,960,534.14 2,960,534.14 21,875,491.60 0.00 13 10/3/2035 2,566,775.29 1.800 393,758.85 2,960,534.14 2,960,534.14 19,308,716.31 0.00 14 10/3/2036 2,612,977.25 1.800 347,556.89 2,960,534.14 2,960,534.14 16,695,739.06 0.00 15 10/3/2037 2,660,010.84 1.800 300,523.30 2,960,534.14 2,960,534.14 14,035,728.22 0.00 16 10/3/2038 2,707,891.03 1.800 252,643.11 2,960,534.14 2,960,534.14 11,327,837.19 0.00 17 10/3/2039 2,756,633.07 1.800 203,901.07 2,960,534.14 2,960,534.14 8,571,204.12 0.00 18 10/3/2040 2,806,252.47 1.800 154,281.67 2,960,534.14 2,960,534.14 5,764,951.65 0.00 19 10/3/2041 2,856,765.01 1.800 103,769.13 2,960,534.14 2,960,534.14 2,908,186.64 0.00 20 10/3/2042 2,908,186.64 1.800 52,347.36 2,960,534.00 2,960,534.00 0.00 0.00 49,403,000.00 9,807,682.66 59,210,682.66 59,210,682.66 0.00 Page 1 of 1 10/24/2018 California CWSRF Payment Schedule Project No. 8033-110 - South San Francisco, City of Agreement: D180100400 - based on Actual + Projected Disbursements South San Fran/San Bruno Water Quality Control Plant Wet Weather & Digester Project Interest rate:1.80000% Principal is paid over:20 Years City of South San Francisco Agreement No.: SWRCB0000000000D180100400 Project No.: C-06-8033-110 EXHIBIT D — SPECIAL CONDITIONS D-1 s2014 5xi14 Recipient acknowledges and agrees to the following special conditions: Technical: The Recipient has provided a self-certification to the Division indicating that it intends to develop and submit a fiscal sustainability plan (FSP) that meets the requirements of Section 603(d)(1)(E)(i) of the Federal Clean Water Act by December 31, 2019. The Division will not disburse the final disbursement of Project Funds until the Recipient has submitted, to the satisfaction of the Division, a FSP that meets the requirements of Section 603(d)(1)(E)(i). Environmental: The document identified below is incorporated by reference and the Recipient shall comply with the conditions and recommendations therein: 1. The Mitigation Monitoring and Reporting Program adopted by the City Council of the City of South San Francisco on July 12, 2017, including, but not limited to, the following mitigation measures: • AIR-1a and AIR-1b for air quality, • BIO-1a, BIO-1b and BIO-2 for biological resources, • CUL-1 and CUL-2 for cultural resources, and • HAZ-1 and HAZ-2 for hazards and hazardous materials. The Recipient shall make no changes in the Project, construction area, or special conditions, without obtaining the appropriate and necessary prior approval(s) from the State Water Board. REPORTING TO THE STATE WATER BOARD 1. In its status reports submitted pursuant to this Agreement, the Recipient shall include a discussion of the status of its compliance with environmental measures identified in this Exhibit D. 2. In its Project Completion Report submitted pursuant to this Agreement, the Recipient shall include a discussion of compliance with environmental measures identified in this Exhibit D. Legal: As a condition precedent to this Agreement, the Recipient must deliver an opinion of bond counsel and general counsel satisfactory to the State Water Board’s counsel. City of South San Francisco Agreement No.: SWRCB0000000000D180100400 Project No.: C-06-8033-110 EXHIBIT E — FEDERAL CONDITIONS & CROSS-CUTTERS E-1 s2014 5xi14 The Recipient agrees to comply with the following federal conditions: (A) Federal Award Conditions (1) American Iron and Steel. Unless the Recipient has obtained a waiver from USEPA on file with the State Water Board or unless this Project is not a project for the construction, alteration, maintenance or repair of a public water system or treatment work, the Recipient shall not purchase “iron and steel products” produced outside of the United States on this Project. Unless the Recipient has obtained a waiver from USEPA on file with the State Water Board or unless this Project is not a project for the construction, alteration, maintenance or repair of a public water system or treatment work, the Recipient hereby certifies that all “iron and steel products” used in the Project were or will be produced in the United States. For purposes of this section, the term "iron and steel products" means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials. “Steel” means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and may include other elements. (2) Wage Rate Requirements (Davis-Bacon). The Recipient shall include in full the language provided in Exhibit G of this Agreement in all contracts and subcontracts. (3) Signage Requirements. The Recipient shall comply with the USEPA’s Guidelines for Enhancing Public Awareness of SRF Assistance Agreements, dated June 3, 2015, as otherwise specified in this Agreement. (4) Public or Media Events. The Recipient shall notify the State Water Board and the EPA contact as provided in the notice provisions of this Agreement of public or media events publicizing the accomplishment of significant events related to this Project and provide the opportunity for attendance and participation by federal representatives with at least ten (10) working days’ notice. (5) EPA General Terms and Conditions (USEPA GTCs). The Recipient shall comply with applicable EPA general terms and conditions found at http://www.epa.gov/ogd, including but not limited to the following: (a) DUNS. No Recipient may receive funding under this Agreement unless it has provided its DUNS number to the State Water Board. (b) Executive Compensation. The Recipient shall report the names and total compensation of each of its five most highly compensated executives for the preceding completed fiscal year, as set forth in the USEPA GTCs. (c) Federal Exclusion or Disqualification. The Recipient represents and warrants that it and its principals are not excluded or disqualified from participating in this transaction as such terms are defined in Parts 180 and 1532 of Title 2 of the Code of Federal Regulations (2 CFR). If the Recipient is excluded after execution of this Agreement, the Recipient shall notify the Division within ten (10) days and shall inform the Division of the Recipient’s exclusion in any request for amendment of this Agreement. The Recipient shall comply with Subpart C of Part 180 of 2 CFR, as supplemented by Subpart C of Part 1532 of 2 CFR. Such compliance is a condition precedent to the State Water Board’s performance of its obligations under this Agreement. When entering into a covered transaction City of South San Francisco Agreement No.: SWRCB0000000000D180100400 Project No.: C-06-8033-110 EXHIBIT E — FEDERAL CONDITIONS & CROSS-CUTTERS E-2 s2014 5xi14 as defined in Parts 180 and 1532 of 2 CFR, the Recipient shall require the other party to the covered transaction to comply with Subpart C of Part 180 of 2 CFR, as supplemented by Subpart C of Part 1532 of 2 CFR. (d) Conflict of Interest. To the extent applicable, the Recipient shall disclose to the State Water Board any potential conflict of interest consistent with USEPA’s Final Financial Assistance Conflict of Interest Policy at https://www.epa.gov/grants/epas-final-financial-assistance-conflict-interest-policy. A conflict of interest may result in disallowance of costs. (e) Copyright and Patent. i. USEPA and the State Water Board have the right to reproduce, publish, use and authorize others to reproduce, publish and use copyrighted works or other data developed under this assistance agreement. ii. Where an invention is made with Project Funds, USEPA and the State Water Board retain the right to a worldwide, nonexclusive, nontransferable, irrevocable, paid-up license to practice the invention owned by the Recipient. The Recipient must utilize the Interagency Edison extramural invention reporting system at http://iEdison.gov and shall notify the Division when an invention report, patent report, or utilization report is filed. (f) Credit. The Recipient agrees that any reports, documents, publications or other materials developed for public distribution supported by this Agreement shall contain the following statement: “This project has been funded wholly or in part by the United States Environmental Protection Agency and the State Water Resources Control Board. The contents of this document do not necessarily reflect the views and policies of the Environmental Protection Agency or the State Water Resources Control Board, nor does the EPA or the Board endorse trade names or recommend the use of commercial products mentioned in this document.” (g) Electronic and Information Technology Accessibility. The Recipient is encouraged to follow guidelines established under Section 508 of the Rehabilitation Act, codified at 36 CFR Part 1194, with respect to enabling individuals with disabilities to participate in its programs supported by this Project. (h) Trafficking in Persons. The Recipient, its employees, contractors and subcontractors and their employees may not engage in severe forms of trafficking in persons, procure a commercial sex act during the term of this Agreement, or use forced labor in the performance of this Agreement. The Recipient must include this provision in its contracts and subcontracts under this Agreement. The Recipient must inform the State Water Board immediately of any information regarding a violation of the foregoing. The Recipient understands that failure to comply with this provision may subject the State Water Board to loss of federal funds. The Recipient agrees to compensate the State Water Board for any such funds lost due to its failure to comply with this condition, or the failure of its contractors or subcontractors to comply with this condition. The State Water Board may unilaterally terminate this Agreement if the Recipient that is a private entity is determined to have violated the foregoing. Trafficking Victims Protection Act of 2000. City of South San Francisco Agreement No.: SWRCB0000000000D180100400 Project No.: C-06-8033-110 EXHIBIT E — FEDERAL CONDITIONS & CROSS-CUTTERS E-3 s2014 5xi14 (B) Super Cross-Cutters - Civil Rights Obligations. The Recipient must comply with the following federal non-discrimination requirements: (1) Title VI of the Civil Rights Act of 1964, which prohibits discrimination based on race, color, and national origin, including limited English proficiency (LEP). (2) Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination against persons with disabilities. (3) The Age Discrimination Act of 1975, which prohibits age discrimination. (4) Section 13 of the Federal Water Pollution Control Act Amendments of 1972, which prohibits discrimination on the basis of sex. (5) 40 CFR Part 7, as it relates to the foregoing. (C) WRRDA Conditions (1) Architectural and engineering contracts. Where the Recipient contracts for program management, construction management, feasibility studies, preliminary engineering, design, engineering, surveying, mapping, or architectural related services, the Recipient shall ensure that any such contract is negotiated in the same manner as a contract for architectural and engineering services is negotiated under chapter 11 of title 40, United States Code, or an equivalent State qualifications-based requirement as determined by the State Water Board. (2) Fiscal sustainability. The Recipient certifies that it has developed and is implementing a fiscal sustainability plan for the Project that includes an inventory of critical assets that are a part of the Project, an evaluation of the condition and performance of inventoried assets or asset groupings, a certification that the recipient has evaluated and will be implementing water and energy conservation efforts as part of the plan, and a plan for maintaining, repairing, and, as necessary, replacing the Project and a plan for funding such activities. (D) Cross-Cutters 1) Executive Order No. 11246. The Recipient shall include in its contracts and subcontracts related to the Project the following provisions: "During the performance of this contract, the contractor agrees as follows:"(a) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. "(b) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, or national origin. City of South San Francisco Agreement No.: SWRCB0000000000D180100400 Project No.: C-06-8033-110 EXHIBIT E — FEDERAL CONDITIONS & CROSS-CUTTERS E-4 s2014 5xi14 "(c) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. "(d) The contractor will comply with all provisions of Executive Order No. 11246 of Sept. 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. "(e) The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. "(f) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of Sept 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. "(g) The contractor will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of Sept. 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, That in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States." (2) Disadvantaged Business Enterprises (40 CFR Part 33). The Recipient agrees to comply with the requirements of USEPA’s Program for Utilization of Small, Minority and Women’s Business Enterprises. The DBE rule can be accessed at www.epa.gov/osbp . The Recipient shall comply with, and agrees to require its prime contractors to comply with 40 CFR Section 33.301, and retain all records documenting compliance with the six good faith efforts. (IUP) (3) Procurement Prohibitions under Section 306 of the Clean Air Act and Section 508 of the Clean Water Act, including Executive Order 11738, Administration of the Clean Air Act and the Federal Water Pollution Control Act with Respect to Federal Contracts, Grants, or Loans; 42 USC § 7606; 33 USC § 1368. Except where the purpose of this Agreement is to remedy the cause of the violation, the Recipient may not procure goods, services, or materials from suppliers excluded under the federal System for Award Management: http://www.sam.gov/ . (4) Uniform Relocation and Real Property Acquisition Policies Act, Pub. L. 91-646, as amended; 42 USC §§4601-4655. The Recipient must comply with the Act’s implementing regulations at 49 CFR 24.101 through 24.105. City of South San Francisco Agreement No.: SWRCB0000000000D180100400 Project No.: C-06-8033-110 EXHIBIT E — FEDERAL CONDITIONS & CROSS-CUTTERS E-5 s2014 5xi14 (5) The Recipient agrees that if its network or information system is connected to USEPA networks to transfer data using systems other than the Environmental Information Exchange Network or USEPA’s Central Data Exchange, it will ensure that any connections are secure. (E) Geospatial Data Standards All geospatial data created pursuant to this Agreement that is submitted to the State Water Board for use by USEPA or that is submitted directly to USEPA must be consistent with Federal Geographic Data Committee endorsed standards. Information on these standards may be found at www.fgdc.gov. City of South San Francisco Agreement No.: SWRCB0000000000D180100400 Project No.: C-06-8033-110 EXHIBIT F — SCHEDULE OF SYSTEM OBLIGATIONS F-1 s2014 5xi14 Except for the following and the Obligation evidenced by this Agreement, the Recipient certifies that it has no outstanding System Obligations or Other Material Obligations, and that it is in compliance with all applicable additional debt provisions of the following: The following outstanding debt is senior to the Obligation: Title NONE The following outstanding debt is on parity with the Obligation: Title California Statewide Communities Development Authority Water and Wastewater Revenue Bond (Pooled Financing Program) Series 2005D CWSRF 4614-110 CWSRF 4728-110 CWSRF 4728-120 The following outstanding debt is subordinate to the Obligation: Title NONE City of South San Francisco Agreement No.: SWRCB0000000000D180100400 Project No.: C-06-8033-110 EXHIBIT G – DAVIS-BACON REQUIREMENTS G-1 s2014 5xi14 For the purposes of this Exhibit only, “subrecipient” or “sub recipient” m0eans Recipient as defined in this Agreement. For the purposes of this Exhibit only, “recipient” or “State recipient” means the State Water Board. I. Requirements Under the Water Resources Reform and Development Act of 2014 (WRRDA) For Subrecipients That Are Governmental Entities: If a sub recipient has questions regarding when Davis-Bacon (DB) applies, obtaining the correct DB wage determinations, DB provisions, or compliance monitoring, it may contact the State Water Board at DavisBacon@waterboards.ca.gov or phone (916) 327-7323. The recipient or sub recipient may also obtain additional guidance from DOL’s web site at http://www.dol.gov/whd/. 1. Applicability of the Davis-Bacon (DB) prevailing wage requirements. Under the Water Resources Reform and Development Act of 2014 (WRRDA) -, DB prevailing wage requirements apply to the construction, alteration, and repair of treatment works carried out in whole or in part with assistance made available by a State water pollution control revolving fund. If a sub recipient encounters a unique situation at a site that presents uncertainties regarding DB applicability, the sub recipient must discuss the situation with the recipient State before authorizing work on that site. 2. Obtaining Wage Determinations. (a) Sub recipients shall obtain the wage determination for the locality in which a covered activity subject to DB will take place prior to issuing requests for bids, proposals, quotes or other methods for soliciting contracts (solicitation) for activities subject to DB. These wage determinations shall be incorporated into solicitations and any subsequent contracts. Prime contracts must contain a provision requiring that subcontractors follow the wage determination incorporated into the prime contract. (i) While the solicitation remains open, the sub recipient shall monitor www.wdol.gov weekly to ensure that the wage determination contained in the solicitation remains current. The sub recipients shall amend the solicitation if DOL issues a modification more than 10 days prior to the closing date (i.e. bid opening) for the solicitation. If DOL modifies or supersedes the applicable wage determination less than 10 days prior to the closing date, the sub recipients may request a finding from the State recipient that there is not a reasonable time to notify interested contractors of the modification of the wage determination. The State recipient will provide a report of its findings to the sub recipient. (ii) If the sub recipient does not award the contract within 90 days of the closure of the solicitation, any modifications or supersedes DOL makes to the wage determination contained in the solicitation shall be effective unless the State recipient, at the request of the sub recipient, obtains an extension of the 90 day period from DOL pursuant to 29 CFR 1.6(c)(3)(iv). The sub recipient shall monitor www.wdol.gov on a weekly basis if it does not award the contract within 90 days of closure of the solicitation to ensure that wage determinations contained in the solicitation remain current. (b) If the sub recipient carries out activity subject to DB by issuing a task order, work assignment or similar instrument to an existing contractor (ordering instrument) rather than by publishing a solicitation, the sub recipient shall insert the appropriate DOL wage determination from www.wdol.gov into the ordering instrument. (c) Sub recipients shall review all subcontracts subject to DB entered into by prime contractors to verify that the prime contractor has required its subcontractors to include the applicable wage determinations. City of South San Francisco Agreement No.: SWRCB0000000000D180100400 Project No.: C-06-8033-110 EXHIBIT G – DAVIS-BACON REQUIREMENTS G-2 s2014 5xi14 (d) As provided in 29 CFR 1.6(f), DOL may issue a revised wage determination applicable to a sub recipient’s contract after the award of a contract or the issuance of an ordering instrument if DOL determines that the sub recipient has failed to incorporate a wage determination or has used a wage determination that clearly does not apply to the contract or ordering instrument. If this occurs, the sub recipient shall either terminate the contract or ordering instrument and issue a revised solicitation or ordering instrument or incorporate DOL’s wage determination retroactive to the beginning of the contract or ordering instrument by change order. The sub recipient’s contractor must be compensated for any increases in wages resulting from the use of DOL’s revised wage determination. 3. Contract and Subcontract provisions. (a) The Recipient shall insure that the sub recipient(s) shall insert in full in any contract in excess of $2,000 which is entered into for the actual construction, alteration and/or repair, including painting and decorating, of a treatment work under the CWSRF - financed in whole or in part from Federal funds or in accordance with guarantees of a Federal agency or financed from funds obtained by pledge of any contract of a Federal agency to make a loan, grant or annual contribution (except where a different meaning is expressly indicated), and which is subject to the labor standards provisions of any of the acts listed in § 5.1 or FY 2014 Water Resource Reform and Development Act, the following clauses: (1) Minimum wages. (i) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in §5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. Sub recipients may obtain wage determinations from the U.S. Department of Labor’s web site, www.dol.gov. (ii)(A) The sub recipient(s), on behalf of EPA, shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The State award official shall approve a request for an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and City of South San Francisco Agreement No.: SWRCB0000000000D180100400 Project No.: C-06-8033-110 EXHIBIT G – DAVIS-BACON REQUIREMENTS G-3 s2014 5xi14 (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the sub recipient(s) agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), documentation of the action taken and the request, including the local wage determination shall be sent by the sub recipient (s) to the State award official. The State award official will transmit the request, to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210 and to the EPA DB Regional Coordinator concurrently. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification request within 30 days of receipt and so advise the State award official or will notify the State award official within the 30-day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the sub recipient(s) do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the award official shall refer the request and the local wage determination, including the views of all interested parties and the recommendation of the State award official, to the Administrator for determination. The request shall be sent to the EPA DB Regional Coordinator concurrently. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt of the request and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii)(B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (2) Withholding. The sub recipient(s) shall upon written request of the EPA Award Official or an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the (Agency) may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. City of South San Francisco Agreement No.: SWRCB0000000000D180100400 Project No.: C-06-8033-110 EXHIBIT G – DAVIS-BACON REQUIREMENTS G-4 s2014 5xi14 (3) Payrolls and basic records. (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The contractor shall submit weekly, for each week in which any contract work is performed, a copy of all payrolls to the sub recipient, that is, the entity that receives the subgrant or loan from the State capitalization grant recipient. Such documentation shall be available on request of the State recipient or EPA. As to each payroll copy received, the sub recipient shall provide written confirmation in a form satisfactory to the State indicating whether or not the project is in compliance with the requirements of 29 CFR 5.5(a)(1) based on the most recent payroll copies for the specified week. The payrolls shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on the weekly payrolls. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at https://www.dol.gov/whd/forms/index.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the sub recipient(s) for transmission to the State or EPA if requested by EPA, the State, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the sub recipient(s). (B) Each payroll submitted shall be accompanied by a “Statement of Compliance,” signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be provided under § 5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under § 5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; City of South San Francisco Agreement No.: SWRCB0000000000D180100400 Project No.: C-06-8033-110 EXHIBIT G – DAVIS-BACON REQUIREMENTS G-5 s2014 5xi14 (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the “Statement of Compliance” required by paragraph (a)(3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the State, EPA or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency or State may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (4) Apprentices and trainees. (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or sub contractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. City of South San Francisco Agreement No.: SWRCB0000000000D180100400 Project No.: C-06-8033-110 EXHIBIT G – DAVIS-BACON REQUIREMENTS G-6 s2014 5xi14 (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the W age and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended and 29 CFR part 30. (5) Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. (6) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the EPA determines may by appropriate, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. (7) Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. (9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and sub recipient(s), State, EPA, the U.S. Department of Labor, or the employees or their representatives. (10) Certification of eligibility. (i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for City of South San Francisco Agreement No.: SWRCB0000000000D180100400 Project No.: C-06-8033-110 EXHIBIT G – DAVIS-BACON REQUIREMENTS G-7 s2014 5xi14 award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. 4. Contract Provision for Contracts in Excess of $100,000. (a) Contract Work Hours and Safety Standards Act. The sub recipient shall insert the following clauses set forth in paragraphs (a)(1), (2), (3), and (4) of this section in full in any contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by Item 3, above or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (a)(1) of this section the contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (a)(1) of this section, in the sum of $25 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (a)(1) of this section. (3) Withholding for unpaid wages and liquidated damages. The sub recipient, upon written request of the EPA Award Official or an authorized representative of the Department of Labor, shall withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (a)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (a)(1) through (4) of this section. (b) In addition to the clauses contained in Item 3, above, in any contract subject only to the Contract Work Hours and Safety Standards Act and not to any of the other statutes cited in 29 CFR 5.1, the Sub recipient shall insert a clause requiring that the contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. Further, the Sub recipient shall insert in any such contract a clause providing hat the records to be maintained under this paragraph shall be made City of South San Francisco Agreement No.: SWRCB0000000000D180100400 Project No.: C-06-8033-110 EXHIBIT G – DAVIS-BACON REQUIREMENTS G-8 s2014 5xi14 available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the (write the name of agency) and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job. 5. Compliance Verification. (a) The sub recipient shall periodically interview a sufficient number of employees entitled to DB prevailing wages (covered employees) to verify that contractors or subcontractors are paying the appropriate wage rates. As provided in 29 CFR 5.6(a)(3), all interviews must be conducted in confidence. The sub recipient must use Standard Form 1445 (SF 1445) or equivalent documentation to memorialize the interviews. Copies of the SF 1445 are available from EPA on request. (b) The sub recipient shall establish and follow an interview schedule based on its assessment of the risks of noncompliance with DB posed by contractors or subcontractors and the duration of the contract or subcontract. Sub recipients must conduct more frequent interviews if the initial interviews or other information indicated that there is a risk that the contractor or subcontractor is not complying with DB. Sub recipients shall immediately conduct interviews in response to an alleged violation of the prevailing wage requirements. All interviews shall be conducted in confidence. (c) The sub recipient shall periodically conduct spot checks of a representative sample of weekly payroll data to verify that contractors or subcontractors are paying the appropriate wage rates. The sub recipient shall establish and follow a spot check schedule based on its assessment of the risks of noncompliance with DB posed by contractors or subcontractors and the duration of the contract or subcontract. At a minimum, if practicable, the sub recipient should spot check payroll data within two weeks of each contractor or subcontractor’s submission of its initial payroll data and two weeks prior to the completion date the contract or subcontract. Sub recipients must conduct more frequent spot checks if the initial spot check or other information indicates that there is a risk that the contractor or subcontractor is not complying with DB. In addition, during the examinations the sub recipient shall verify evidence of fringe benefit plans and payments there under by contractors and subcontractors who claim credit for fringe benefit contributions. (d) The sub recipient shall periodically review contractors and subcontractors use of apprentices and trainees to verify registration and certification with respect to apprenticeship and training programs approved by either the U.S Department of Labor or a state, as appropriate, and that contractors and subcontractors are not using disproportionate numbers of, laborers, trainees and apprentices. These reviews shall be conducted in accordance with the schedules for spot checks and interviews described in Item 5(b) and (c) above. (e) Sub recipients must immediately report potential violations of the DB prevailing wage requirements to the EPA DB contact listed above and to the appropriate DOL Wage and Hour District Office listed at http://www.dol.gov/whd/am erica2.htm. City of South San Francisco Agreement No.: SWRCB0000000000D180100400 Project No.: C-06-8033-110 EXHIBIT H – COMPLIANCE WITH CROSS-CUTTING STATE AUTHORITIES H-1 s2014 5xi14 1. CALIFORNIA DEBT INVESTMENT ADVISORY COMMISSION (CDIAC) Where Recipient is a public entity, Recipient acknowledges its responsibility to file debt obligations with the CDIAC. Recipient understands that CDIAC has waived filing fees for State Water Board SRF debt. 2. COMPLIANCE WITH STATE REQUIREMENTS Recipient represents that it complies with the following conditions precedent and shall continue to maintain compliance: (1) Water Conservation The Recipient certifies that it complies with and shall continue to comply with any applicable water conservation requirements, including regulations in Division 3 of Title 23 of the California Code of Regulations. (2) Monthly Water Diversion Reporting If Recipient is a water diverter, Recipient must maintain compliance with Water Code section 5103, subdivision (e)(2)(A) by submitting monthly diversion reports to the Division of Water Rights of the State Water Resources Control Board. (3) Public Works Contractor Registration with Department Of Industrial Relations To bid for public works contracts, Recipient and Recipient’s subcontractors must register with the Department of Industrial Relations as required by Labor Code sections 1725.5 and 1771.1. (4) Volumetric Pricing & Water Meters If Recipient is an “urban water supplier” as defined by Water Code section 10617, Recipient must charge each customer for actual water volume measured by water meter according to the requirements of Water Code sections 526 and 527. Section 527 further requires that such suppliers not subject to section 526 install water meters on all municipal and industrial service connections within their service area by 2025. (5) Urban Water Management Plan If Recipient is an “urban water supplier” as defined by Water Code section 10617, the Recipient certifies that this Project complies with the Urban Water Management Planning Act (Water Code, § 10610 et seq.). This shall constitute a condition precedent to this Agreement. (6) Urban Water Demand Management If Recipient is an “urban water supplier” as defined by Water Code section 10617, Recipient must comply with water conservation measures established by SBx7-7. (Water Code, Sec. 10608.56.) (7) Delta Plan Consistency Findings If Recipient is a state or local public agency and the proposed action is covered by the Delta Plan, Recipient must submit certification of project consistency with the Delta Plan to the Delta Stewardship Council according to the requirements of Water Code section 85225 and California Code of Regulations, title 23, section 5002. City of South San Francisco Agreement No.: SWRCB0000000000D180100400 Project No.: C-06-8033-110 EXHIBIT H – COMPLIANCE WITH CROSS-CUTTING STATE AUTHORITIES H-2 s2014 5xi14 (8) Agricultural Water Management Plan Consistency If Recipient is an agricultural water supplier as defined by Water Code section 10608.12, Recipient must comply with Agricultural Water Management Planning requirements as mandated by Water Code section 10852. (9) Charter City Project Labor Requirements If Recipient is a charter city as defined in Labor Code section 1782, subdivision (d)(2), Recipient will comply with the requirements of Labor Code section 1782 and Public Contract Code section 2503 as discussed in the following subparts (1) and (2). (a) Prevailing Wage Recipient certifies that it is eligible for state funding assistance notwithstanding Labor Code section 1782. Specifically Recipient certifies that no charter provision nor ordinance authorizes a construction project contractor not to comply with Labor Code’s prevailing wage rate requirements, nor, within the prior two years (starting from January 1, 2015 or after) has the city awarded a public works contract without requiring the contractor to comply with such wage rate requirements according to Labor Code section 1782. (b) Labor Agreements Recipient certifies that no charter provision, initiative, or ordinance limits or constrains the city’s authority or discretion to adopt, require, or utilize project labor agreements that include all the taxpayer protection antidiscrimination provisions of Public Contract Code section 2500 in construction projects, and that Recipient is accordingly eligible for state funding or financial assistance pursuant to Public Contract Code section 2503. City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:18-1016 Agenda Date:12/12/2018 Version:1 Item #:8. A report regarding a resolution approving a Declaration of Shelter Crisis pursuant to the California Homeless Emergency Aid Program authorized by SB 850 and the 2018-2019 Budget Act (Chapter 48,Statutes of 2018). (Eliza Manchester, Special Projects Manager) RECOMMENDATION It is recommended that City Council adopt a resolution approving a Declaration of Shelter Crisis at the location of the Samaritan House Safe Harbor Shelter in South San Francisco to allow the Samaritan House to apply for Homeless Emergency Aid Program (HEAP) funding. BACKGROUND/DISCUSSION HEAP Funding On November 28,2018,a study session was held for the City Council to receive information about the HEAP funding opportunity offered by the state’s Homeless Coordinating and Financing Council (HCFC).The $500 million block grant program was designed to provide funding to Continuums of Care (CoCs)and large cities with populations over 330,000 to address the homelessness crisis throughout California,as authorized by SB 850. For the City of South San Francisco,the San Mateo County Human Services Agency (HSA)serves as the CoC lead agency and is responsible for applying for HEAP funding for the County of San Mateo.The CoC is potentially eligible to receive $4.9 million in HEAP funding.The grant application acceptance period is currently open and will close on December 31,2018.As specified in SB 850,receipt of program funding is based on a public agency’s proportionate share of total homeless population based on the 2017 homeless Point in Time (PIT)count,also known as the One Day Homeless Count,which is conducted biannually.(Health & Saf. Code §50213(b).) The HSA identified 55 homeless persons living in South San Francisco in 2015 and 33 homeless persons in 2017.There were 1,253 homeless persons identified throughout San Mateo County in 2017 with more than half of people unsheltered living on streets,in cars,in RVs,in tents/encampments and less than half of people living in emergency shelters and transitional housing programs.The 2017 results show a 16%decrease in the overall homeless count compared to 2015,with the biggest decreases made in reduced numbers of people living on the streets and in encampments but increased numbers of people living in cars and RVs.The San Mateo County 2017 One Day Homeless Count Executive Summary is included as Attachment 1. Shelter Crisis Declaration One of the HEAP requirements is that a shelter crisis declaration be adopted by the respective City Council,no later than December 28,2018,in order for a place-based homeless program within the city to be considered eligible to receive HEAP funding.The Samaritan House provides a place-based homeless program in South San Francisco called Safe Harbor Shelter that serves adults and youths and would be eligible to receive a portion of the HEAP funding available in our county,if the City of South San Francisco adopts a resolution to declare a shelter crisis. There are three important implications of passing a declaration of a shelter crisis.First,a city is immune fromCity of South San Francisco Printed on 12/6/2018Page 1 of 3 powered by Legistar™ File #:18-1016 Agenda Date:12/12/2018 Version:1 Item #:8. There are three important implications of passing a declaration of a shelter crisis.First,a city is immune from liability for ordinary negligence that may arise in providing emergency housing.(Gov.Code §8698.1(a).) Second,with respect only to additional public facilities open to the homeless pursuant to the shelter crisis declaration,state and local regulations regarding housing,health,or safety are suspended to ensure the shelter crisis is mitigated.(Gov.Code §8698.1(b).)In place of such standards,political subdivisions may enact minimal health and safety standards that operate during the housing emergency.Third,once a shelter crisis is declared,a city “may allow persons unable to obtain housing to occupy designated public facilities during the duration of the state of emergency.”(Gov.Code §8698.2(b).)A “public facility”includes parks,schools,and vacant or underutilized facilities which are owned, operated, leased, and/or maintained by a city. If the City Council chooses to adopt a shelter crisis declaration,staff has recommended that the resolution limit the declaration to the location of the Samaritan House so that the City’s local standards of housing,health,or safety shall remain in effect. (Gov. Code § 8698.2(a)(2); 869821(b).) Thus far,the cities of San Mateo and East Palo Alto have declared a Shelter Emergency and the City of Redwood City is expected to declare this month. Samaritan House Safe Harbor Shelter Samaritan House operates Safe Harbor Shelter (a 90 bed facility),which is housed in the City of South San Francisco and serves 566 unduplicated individuals,265 of which identified being from South San Francisco. These individuals are by nature of needing emergency shelter,homeless.Each day,the Life Moves Homeless Outreach teams identify people who are assessed through the Samaritan House Coordinated Entry System and are defined (based on the HUD definition) as being homeless. The Samaritan House Diversion team works with individuals needing housing assistance to help identify resources to divert them from shelter and into a more stable housing situation.When that option is not available and the person is identified as truly homeless and vulnerable they are placed into an emergency shelter where work can be done to assist them to find permanent housing.In the current affordable housing climate,this remains a very difficult task as there is not enough affordable housing to assist low wage earners with complex needs for support.The demand for emergency shelter beds exceeds the current supply.Samaritan House reports there are currently 45 individuals who are currently waiting for a shelter bed,18 of which identify being from South San Francisco. Samaritan House has requested that the City declare a Shelter Crisis,thereby opening the door for Samaritan House to gain access (upon approval from the state and submission of an RFP to the County)to the allocated $4.9 million dollars in HEAP funding the San Mateo County’s HSA will seek to attract.Specifically,in support of its goal to right size the number of beds needed in the County and City,and to serve those waiting for an emergency shelter bed,Safe Harbor will propose an expansion of its current facility’s mezzanine area to add up to 15 shelter beds.Samaritan House also has identified capital project needs that include HVAC,plumbing,and electric upgrades as preventative maintenance for the facility.To better serve senior citizens,they also propose replacing our current lift system with a full elevator.Samaritan House represents that none of the potential projects for Safe Harbor will expand beyond the exterior of the existing structure or property,thus not impacting the area visibly.An exception may be an external fire escape attached to the building.Any or all of these projects will be proposed for use of HEAP funding. FISCAL IMPACT There is no fiscal impact at this time. City of South San Francisco Printed on 12/6/2018Page 2 of 3 powered by Legistar™ File #:18-1016 Agenda Date:12/12/2018 Version:1 Item #:8. CONCLUSION Adoption of a resolution approving a Declaration of Shelter Crisis at the location of the Samaritan House Safe Harbor Shelter will allow the Samaritan House the opportunity to receive HEAP funding in order to make improvements to the facility and improve care for clients. Attachments: San Mateo County 2017 One Day Homeless Count Executive Summary City of South San Francisco Printed on 12/6/2018Page 3 of 3 powered by Legistar™ SAN MATEO COUNTY ONE DAY HOMELESS COUNT AND SURVEY EXECUTIVE SUMMARY May 2017 S A N M A T E O C O U N T Y H U M A N S E R V I C E S A G E N C Y E X E C U T I V E S U M M A R Y ONE DAY HOMELESS COUNT AND SURVEY, MAY 2017 1 2017 SAN MATEO COUNTY ONE DAY HOMELESS COUNT AND SURVEY This executive summary provides an overview of key results from the 2017 San Mateo County One Day Homeless Count and Survey (“count”). The San Mateo County Human Services Agency’s Center on Homelessness coordinates the count in collaboration with community and County partners. The 2017 count was conducted in the early morning hours of January 26, 2017. Approximately 350 volunteers consisting of community-based providers, members of the public, and County staff, assisted by homeless guides, fanned out by foot and car to conduct an observational count and surveys of homeless persons observed in each census tract in the County. The County conducts the count every two years and the results provide one source of data, among many others, to help the County and its partners assess how to best serve homeless households and assist them with returning to housing as quickly as possible. The results are also submitted to the United States Department of Housing and Urban Development (HUD), which then compiles information about the homeless counts nationwide. NUMBER OF HOMELESS PEOPLE The 2017 count determined that there were 1,253 homeless people in San Mateo County on the night of January 25, 2017 comprised of: • 637 unsheltered homeless people (living on streets, in cars, in RVs, in tents/encampments) and, • 616 sheltered homeless people (in emergency shelters and transitional housing programs). The 2017 results show a 16% decrease in the overall homeless count compared to 2015, with the biggest decreases made in reduced numbers of people living on the streets and in encampments. The table below provides information on the number of homeless people, including both sheltered and unsheltered people, from the counts from 2009 to 2017. Homeless Count Over Time There was an 18% decrease in the number of unsheltered people in 2017 compared to 2015. The decrease was accounted for by fewer people being counted on the street (a 62% decrease) and tents (a 30% decrease), although there was an increase in the number of people counted in RVs (a 44% increase) and in the number of people in cars (a 25% increase). 1,547 2009 744 803 1,861 2011 699 1,162 2,002 2013 703 1,299 1,483 2015 708 775 1,253 2017 616 637 • Unsheltered • Sheltered S A N M A T E O C O U N T Y H U M A N S E R V I C E S A G E N C Y E X E C U T I V E S U M M A R Y ONE DAY HOMELESS COUNT AND SURVEY, MAY 2017 2 The unsheltered count also included information about the locations where unsheltered people slept on the previous night: on the street, in cars, in RVs, or in tents/encampments. The sheltered count also decreased in comparison to 2015, with a 13% reduction in the number of sheltered homeless people. The total number of sheltered people went down from 708 in 2015 to 616 in 2017, with decreases shown in both the number of people in emergency shelter (a 17% decrease) and transitional housing (an 11% decrease). A major change that impacted the count of people in emergency shelter from 2015 to 2017 was the removal of the Mental Health Residential Rehabilitation Treatment Program -Domiciliary Care for Homeless Veterans (VADOM Program), which is a program of the United States Department of Veterans Affairs (VA). HUD issued instructions to no longer include the VADOM in the emergency shelter count after 2015. Another major impact to the reduction in the emergency shelter count was a lower number of persons in the M otel Voucher Program. The reduction of persons in transitional housing is due to the reclassification of the Health Care for Homeless Veterans (HCHV) beds. In 2015, HCHV beds were classified as transitional housing beds but in 2017 the HCHV beds were classified as emergency shelter beds in order to align with the VA and HUD classification. Therefore, these beds shifted from being counted as transitional housing beds to emergency shelter beds. NUMBER OF HOMELESS PEOPLE IN INSTITUTIONS The count also collected data in a variety of institutions on the night of January 25, 2017, including hospitals, the County correctional facility, and inpatient alcohol and drug treatment programs, to determine the number of people who were homeless upon entry. The data showed that the number of people who were homeless upon entry to the institution was 298, up by 3.1% from the 289 reported in 2015. In previous counts in San Mateo County, the institutions count was included in the sheltered count. Starting with this 2017 count report, data from institutions has now been removed from the sheltered count and is being reported separately. In order to provide trend data over time, the institutions count has been removed from the sheltered count in all data in this report, including data from previous years. 20% 31%34% 15% Locations of Unsheltered Persons in 2017 Count n=637 People in RVs (218)People in cars (197) People in tents/encampments (95)People on streets (127) S A N M A T E O C O U N T Y H U M A N S E R V I C E S A G E N C Y E X E C U T I V E S U M M A R Y ONE DAY HOMELESS COUNT AND SURVEY, MAY 2017 3 While data collected via the institutions count is used for local planning, it is not included in the data submitted to HUD, therefore this change aligns the data in this report with the data submitted to HUD. NUMBER OF HOMELESS HOUSEHOLDS The 1,253 homeless people (including both sheltered and unsheltered) counted comprised 902 households. Overall, the number of homeless households decreased by 35%, with a substantial decrease in adult only households, as well as a decrease in family households. The number of homeless unsheltered families decreased by 48%, from 35 families in 2015 to 19 families in 2017. COMPARISON OVER TIME OF HOMELESS PERSONS The table below provides information about the count since 2009. The trend shows that the total number of people is at its lowest count since 2009. After 2009, there were increases in 2011 and 2013, but a steady decrease from 2013 through 2017. LOCATION 2009 2011 2013 2015 2017 NET CHANGE (2015 TO 2017) % CHANGE (2015 TO 2017) Unsheltered Count People on streets 422 466 353 331 127 -204 -62% People in cars 96 126 231 157 197 40 25% People in RVs 170 246 392 151 218 67 44% People in tents/encampments 115 324 323 136 95 -41 -30% Subtotal Unsheltered Count 803 1,162 1,299 775 637 -138 -18% Sheltered Count People in Emergency Shelters 341 258 272 254 211 -43 -17% People in Transitional Housing 403 441 431 454 405 -49 -11% Subtotal Sheltered Count* 744 699 703 708 616 -92 -13% Total Homeless People 1,547 1,861 2,002 1,483 1,253 -230 -16% *does not include institutions count Although the sheltered count has varied over time (including shifts due to HUD’s definitional changes), it is the unsheltered count that has largely contributed to the overall decline in the total number of homeless people in San Mateo County. Specifically, in the 2017 count, the number was 637, 51% less than its highest of 1,299 in 2013. S A N M A T E O C O U N T Y H U M A N S E R V I C E S A G E N C Y E X E C U T I V E S U M M A R Y ONE DAY HOMELESS COUNT AND SURVEY, MAY 2017 4 GEOGRAPHIC BREAKDOWN 2017 Distribution of Unsheltered Homeless People by City The following chart summarizes the geographic distribution of the unsheltered homeless people who were counted in 2017 and the change from previous counts. There were several cities with fewer people counted and an almost equal number where the homeless population increased. CITY 2009 COUNT 2011 COUNT 2013 COUNT 2015 COUNT 2017 COUNT NET CHANGE (2015-2017) % CHANGE (2015-2017) Airport 4 9 5 1 3 2 200% Atherton 0 1 0 1 0 -1 -100% Belmont 5 1 43 11 3 -8 -73% Brisbane 1 0 34 21 19 -2 -10% Burlingame 8 3 13 7 21 14 200% Colma 0 1 7 3 1 -2 -67% Daly City 49 44 27 32 17 -15 -47% East Palo Alto 204 385 119 95 98 3 3% Foster City 0 0 7 0 6 6 NA Half Moon Bay 19 41 114 84 43 -41 -49% Hillsborough 0 0 0 0 0 0 0% Menlo Park 25 72 16 27 47 20 74% Millbrae 1 1 21 8 7 -1 -13% Pacifica 16 95 150 63 112 49 78% Portola Valley 3 16 2 0 1 1 NA Redwood City 220 233 307 223 94 -129 -58% San Bruno 34 14 99 8 26 18 225% San Carlos 11 9 10 20 28 8 40% San Mateo 99 68 103 82 48 -34 -41% South San Francisco 7 122 172 55 33 -22 -40% Unincorporated 95 47 46 32 30 -2 -6% Coastside 22 22 0 Central 0 0 0 North 0 3 3 South 10 5 -5 Woodside 2 0 7 2 0 -2 -100% Total 803 1,162 1,299 775 637 -138 -18% S A N M A T E O C O U N T Y H U M A N S E R V I C E S A G E N C Y E X E C U T I V E S U M M A R Y ONE DAY HOMELESS COUNT AND SURVEY, MAY 2017 5 CONCLUSION The number of homeless persons decreased from the 2015 count to the 2017 count , including a significant decrease in the number of unsheltered people. The County and its partner agencies will continue to implement strategies identified in the strategic plan to address homelessness, using data from the count and many other data sources to help guide implementation. The County’s Strategic Plan to End Homelessness can be found through the link at the bottom of the page here: http://hsa.smcgov.org/center-homelessness. Published by the County of San Mateo Human Services Agency. Data analysis by Focus Strategies. City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:18-1017 Agenda Date:12/12/2018 Version:1 Item #:8a. Resolution approving a Declaration of Shelter Crisis pursuant to the California Homeless Emergency Aid Program authorized by SB 850 and the 2018-2019 Budget Act (Chapter 48, Statutes of 2018). WHEREAS, California’s Governor Edmund G. Brown, Jr., and the members of the California Legislature have recognized the urgent and immediate need for funding at the local level to combat homelessness; and WHEREAS, the Governor and Legislature have provided funding to local governments under the Homeless Emergency Aid Program (“HEAP”) as part of SB 850 and the 2018-2019 Budget Act (Chapter 48, Statutes of 2018 and Government Code § 8698.2); and WHEREAS, the Governor and Legislature require jurisdictions seeking an allocation through the Homeless Emergency Aid Program to declare a Shelter Crisis, pursuant to Government Code § 8698.2; and WHEREAS, the City of South San Francisco (“City”) has developed a homeless plan and undertaken multiple efforts at the local level to combat homelessness, including supporting efforts of the Samaritan House; and WHEREAS, the City must adopt a declaration of a shelter crisis in order for the Samaritan House to be eligible to receive funds from the San Mateo County Human Services Agency, which serves as the City’s Continuum of Care; and WHEREAS; according to the 2017 homeless Point in Time (PIT) count, also known as the One Day Homeless Count, the City finds that 33 persons within the City of South San Francisco are living without shelter and 1,253 persons within the County of San Mateo are living without shelter; and WHEREAS, the Samaritan House currently serves approximately 566 individuals with 265 individuals identified as being from South San Francisco; and WHEREAS, the Samaritan House operates a Safe Harbor Shelter, which is a 90 bed facility, and seeks to add up to 15 shelter beds because the demand for emergency shelter beds exceeds the current supply; and WHEREAS, 45 individuals are currently on a waiting list for a shelter bed at the Samaritan House, and 18 of those individuals have identified as being from South San Francisco; and WHEREAS, the Samaritan House has seen a 16% increase in the number of displaced seniors from 2017 to 2018, and seeks to replace its elevator to serve those with physical impairments; and WHEREAS; the City finds that the number of homeless is significant and these persons are without the ability to obtain shelter; and City of South San Francisco Printed on 1/17/2019Page 1 of 2 powered by Legistar™ File #:18-1017 Agenda Date:12/12/2018 Version:1 Item #:8a. WHEREAS; the City finds that the health and safety of unsheltered persons in the City of South San Francisco is threatened by lack of shelter; and WHEREAS, the City is making a declaration of a shelter crisis limited to the current or future location, if it should move due to unforeseen circumstances, of the Samaritan House pursuant to Government Code Section 8698.2(a)(2); and WHEREAS, the City’s local standards of housing, health, or safety shall remain in effect notwithstanding Government Code Section 8698.1(b); and WHEREAS, the City is committed to combatting homelessness and augmenting a continuum of shelter and service options for those living without shelter in our communities; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco, that the foregoing recitals are true, correct, and incorporated herein by reference. BE IT FURTHER RESOLVED by the City Council of the City of South San Francisco, that a shelter crisis, limited to the current or future location if it should move due to unforeseen circumstances, of the Samaritan House pursuant to Government Code §8698.2 exists in South San Francisco for the sole purpose of enabling qualified entities within South San Francisco to receive Homeless Emergency Aid Program funding and authorizes the City of South San Francisco’s participation in the Homeless Emergency Aid Program. ***** City of South San Francisco Printed on 1/17/2019Page 2 of 2 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:18-1093 Agenda Date:12/12/2018 Version:1 Item #:9. Report regarding a resolution authorizing the acceptance of a $50,000 donation from Genentech,Inc.towards the installation of a “Birthplace of Biotechnology”sign in the median at Oyster Point Boulevard and Veterans Boulevard and amending the Public Works Department Fiscal Year 2018-19 Operating Budget pursuant to budget amendment #19.033.(Eunejune Kim, Director of Public Works/City Engineer) RECOMMENDATION It is recommended that the City Council adopt a resolution accepting a donation in the amount of $50,000 to the City of South San Francisco from Genentech,Inc.towards the installation of a “Birthplace of Biotechnology”sign in the median at Oyster Point Boulevard and Veterans Boulevard and amending the Public Works Department Fiscal Year 2018-19 Operating Budget pursuant to budget amendment #19.033. BACKGROUND/DISCUSSION Genentech,Inc.,originally sponsored two “South San Francisco -Birthplace of Biotechnology”signs;one installed in the median at the intersection of Grand Avenue and East Grand Avenue and one in the median at the intersection of Gateway Boulevard and Veterans Boulevard. In January 2017,the sign installed at the intersection of Gateway Boulevard and Veterans Boulevard was damaged beyond repair as the result of a single vehicle accident.At the time,staff was unsuccessful in locating the original fabricator of the sign, or the process by which the installation was funded. In November of 2018,Genentech,Inc.reached out to staff and offered to donate $50,000 toward the fabrication and installation of a replacement sign.The offer from Genentech,Inc.is predicated on the donation occurring before the end of their fiscal year; December 31, 2018. Acceptance of the $50,000 donation from Genentech,Inc.will allow the city to contract for the construction of a replacement sign using the remaining installation at Grand Avenue and East Grand Avenue as a reference. Public Works and Parks and Recreation staff will coordinate any site preparation necessary to facilitate the installation. Any material or staff time in support of this project will be funded by the existing operating budget. FISCAL IMPACT Funds from this donation will be used to create plans,specifications and to contract with a fabricator to create a new “South San Francisco -Birthplace of Biotechnology”sign.The budget amendment 19.033 will increase the Public Works revenue budget and the expense budget for FY 2018-19. CONCLUSION Accepting the donation of $50,000 and amending the FY 2018-19 Public Works operating budget will allow staff to develop plans,specifications,fabricate and install a new “South San Francisco -Birthplace of Biotechnology” sign. Attachments: City of South San Francisco Printed on 12/6/2018Page 1 of 2 powered by Legistar™ File #:18-1093 Agenda Date:12/12/2018 Version:1 Item #:9. 1.Letter from Genentech for Birthplace of Biotechnology Sign on Oyster Point City of South San Francisco Printed on 12/6/2018Page 2 of 2 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:18-1094 Agenda Date:12/12/2018 Version:1 Item #:9a. Resolution authorizing the acceptance of a $50,000 donation from Genentech,Inc.towards the installation of a “Birthplace of Biotechnology”sign in the median at Oyster Point Boulevard and Veterans Boulevard and amending the Public Works Department Fiscal Year 2018-19 Operating Budget pursuant to budget amendment #19.033. WHEREAS,Genentech,Inc.has long been an active community partner with the City of South San Francisco; and WHEREAS,Genentech,Inc.originally sponsored the “Birthplace of Biotechnology”signs installed at the intersections of Grand Avenue and East Grand Avenue and Oyster Point Boulevard and Veterans Boulevard; and WHEREAS,the “Birthplace of Biotechnology”sign at the intersection of Oyster Point Boulevard and Veterans Boulevard was destroyed by a vehicle accident in January 2017; and WHEREAS,the City shall be responsible for all site preparation work and the donation will be used to fund the fabrication of a new sign and installation; and WHEREAS, staff recommends the acceptance of this donation in the amount of $50,000 from Genentech, Inc. NOW,THEREFORE,BE IT RESOLVED that the City Council of the City of South San Francisco hereby accepts a $50,000 donation from Genentech Inc. BE IT FURTHER RESOLVED that the City Council approves budget amendment 19.033 amending the Fiscal Year 2018-19 Public Works operating budget. BE IT FURTHER RESOLVED that the City Council authorizes the City Manager to take any other related actions consistent with the intention of the Resolution. ***** City of South San Francisco Printed on 1/17/2019Page 1 of 1 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:18-1097 Agenda Date:12/12/2018 Version:1 Item #:10. Motion to approve the Minutes for the meetings of September 26, 2018 and November 28, 2018. City of South San Francisco Printed on 12/6/2018Page 1 of 1 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:18-1089 Agenda Date:12/12/2018 Version:2 Item #:11. Motion confirming payment registers for December 12,2018.(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 City of South San Francisco Printed on 12/6/2018Page 1 of 1 powered by Legistar™ Payment Listing by Department for City Council Review Payments issued between and11/19/2018 12/2/2018 VENDOR NAMEDATE CHECK #INVOICE #ACCOUNT #AMOUNT DESCRIPTION CITY ATTORNEY MEYERS, NAVE, RIBACK 11/20/2018 2719832018090353 E 100-04110-5003 10,703.50 PROF SRVCS THROUGH 09/30/2018 - KASHIWA F Payments issued for CITY ATTORNEY $10,703.50 CITY CLERK ADVANCED BUSINESS FORMS 11/28/2018 27204330584 E 100-02110-5020 402.50 1000 LABELS, ROUND CORNERED INPRINT IN REF CORODATA RECORDS MANAGEMENT IN11/28/2018 272068RS3024662 E 100-02110-5001 843.37 RECORD STORAGE FROM 10/1/18 THROUGH 10/ DAILY JOURNAL CORPORATION 11/28/2018 272073B3184379 E 100-02110-5062 211.76 NOTICE OF NOMINEES AND MEASURES-CHINESE LISA MICHELLE POPE 11/28/2018 272122181111 E 100-02110-5024 62.50 TRANSCRIPTION SERVICES FOR NOVEMBER 5, 20 STAPLES BUSINESS ADVANTAGE 11/28/2018 2721378052053043 E 100-02110-5020 151.37 OFFICE SUPPLIES Payments issued for CITY CLERK $1,671.50 CITY COUNCIL STAPLES BUSINESS ADVANTAGE 11/28/2018 2721378052053054/3955566E 100-01110-5020 32.75 CMO OFFICE SUPPLIES 11/28/2018 2721378052053054/3955566E 100-01110-5020 180.19 CMO OFFICE SUPPLIES 11/28/2018 2721378052053054/3955566E 100-01110-5020 49.04 CMO OFFICE SUPPLIES 11/28/2018 2721378052053054/3955566E 100-01110-5020 81.66 CMO OFFICE SUPPLIES Payments issued for CITY COUNCIL $343.64 CITY MANAGER ADVANCED BUSINESS FORMS 11/28/2018 27204330587 E 100-05110-5025 78.21 MF: BUSINESS CARDS X 500 CITY OF REDWOOD CITY 11/28/2018 272066BR50081 E 100-05110-5033 50.00 NO SHOW FEE FOR BUSINESS WRITING FOR RESU ENVISIO SOLUTIONS INC 11/28/2018 272082130622 E 100-05110-5033 848.28 TRAVEL EXPENSES FOR 2-DAY OPERATIONAL PLA MIKE FUTRELL 11/28/2018 2720869/24-11/9/2018 E 100-05110-5031 180.01 MF: EXPENSE REIMBURSEMENT 9/26 TO 11/9/18 OFFICETEAM INC 11/28/2018 27211452055360 E 100-05110-5005 273.16 TEMP HIRE FOR SFO NOISE INSULATION PROGRA POSTMASTER- LINDEN OFFICE 11/20/2018 272002PERMIT #138 E 100-05110-5027 4,045.00 POSTAGE - CITYWIDE NEWSLETTERS NOV 2018 SAN MATEO CTY HARBOR DISTRICT 11/30/2018 272222I18-017 E 100-05110-5005 7,285.45 MARINA FUEL DOCK GAS LINE REPAIR, HARBOR STAPLES BUSINESS ADVANTAGE 11/28/2018 2721378052053054/3955566E 100-05110-5020 32.75 CMO OFFICE SUPPLIES 11/28/2018 2721378052053054/3955566E 100-05110-5020 180.20 CMO OFFICE SUPPLIES 11/28/2018 2721378052053054/3955566E 100-05110-5020 19.99 CMO OFFICE SUPPLIES 11/28/2018 2721378052053054/3955566E 100-05110-5020 23.24 CMO OFFICE SUPPLIES Monday, December 3, 2018 Page 1 of 29 VENDOR NAMEDATE CHECK #INVOICE #ACCOUNT #AMOUNT DESCRIPTION Payments issued between and11/19/2018 12/2/2018 -City of South San Francisco CITY MANAGER STAPLES BUSINESS ADVANTAGE 11/28/2018 2721378052053054/3955566E 100-05110-5020 49.04 CMO OFFICE SUPPLIES 11/28/2018 2721378052053054/3955566E 100-05110-5020 81.67 CMO OFFICE SUPPLIES Payments issued for CITY MANAGER $13,147.00 COMMUNICATIONS SARKIS SIGNS 11/28/2018 2721288296 E 100-05130-5025 1,270.09 BREEZEWAY BANNER FOR SMALL BUSINESSES IN Payments issued for COMMUNICATIONS $1,270.09 ECONOMIC & COMMUNITY DEVELOPMENT ADVANCED BUSINESS FORMS 11/30/2018 27216230583 E 100-10520-5025 317.20 BUSINESS CARDS FOR BUILDING STAFF BAIRD + DRISKELL COMM PLANNING11/30/2018 2721701079 E 100-10115-5005 1,820.00 FY 18-19 BAIRD & DRISKELL SERVICE AGREEMEN CITY OF REDWOOD CITY 11/28/2018 272066BR50090 E 100-10110-5033 50.00 NO SHOW FEE FOR HOW TO TALK FINANCE WOR CORA 11/30/2018 2721827279 E 222-10350-5063 8,997.34 FY 18-19 CDBG GRANT WITH CORA CSG CONSULTANTS INC 11/30/2018 27218321371 E 100-10520-5005 2,210.00 BUILDING INSPECTION SERVICES GENENTECH 20 11/30/2018 27218321372 E 100-10520-5005 5,525.00 BUILDING INSPECTION SERVICES GENENTECH 20 11/30/2018 27218321734 E 100-10520-5005 4,845.00 BUILDING INSPECTION SERVICES GENENTECH 20 11/30/2018 27218321735 E 100-10520-5005 1,445.00 BUILDING INSPECTION SERVICES GENENTECH 20 DUNCAN SOLUTIONS INC. 11/30/2018 272185T711510021388 E 100-10520-5031 75.00 BRIDGE TOLL VIOLATION ACCT #60542913 11/30/2018 272185T711796901689 E 100-10520-5031 75.00 BRIDGE TOLL VIOLATION ACCT #68669709 EL CONCILIO OF SAN MATEO COUNT11/30/2018 2721887309 E 222-10343-5063 5,354.27 FY 18-19 CDBG GRANT WITH EL CONCILIO OF SA ELIZA MANCHESTER 11/28/2018 27210404/26/17 E 100-10110-5031 63.30 REIMB-MILEAGE/PARKING FOR SF BUS TIMES FO FEDEX 11/20/2018 2719566-343-16142 E 222-10310-5020 29.53 CDBG GRANT AGRMT & FUNDING APPROVAL TO HEART OF SAN MATEO COUNTY 11/28/2018 272093351 E 241-10880-5005 20,932.00 HOUSING ENDOWMENT & REG TRUST MBRSHIP HIP HOUSING INC. 11/30/2018 2721967267 E 222-10350-5063 3,544.58 FY 18-19 CDBG GRANT WITH HIP HOUSING JULIE BARNARD 11/30/2018 27217211/26/18 E 100-10115-5031 41.66 JB: OVERSIGHT BOARD RWC LEGAL AID SOCIETY OF SAN MATEO11/30/2018 2722047333 E 222-10350-5063 4,144.21 FY 18-19 CDBG GRANT WITH LEGAL AID SOCIETY LISA MICHELLE POPE 11/20/2018 272001181030 E 100-10410-5025 187.50 MINUTES TRANSCRIPTION FOR PC 10.18.2018 MEYERS, NAVE, RIBACK 11/20/2018 2719832018090336 E 270-10415-5003 542.30 PROF SERV THRU 9/30/18 - 405.1223 CUNEO PR 11/20/2018 2719832018090341 E 270-10415-5003 945.80 PROF SERV THRU 9/30/18 - 405.1270 - 213 EAST 11/20/2018 2719832018090344 E 270-10415-5003 630.00 PROF SERV THRU 9/30/18 - 405.1282 SUMMERHI 11/20/2018 2719832018090345 E 270-10415-5003 940.40 PROF SERV THRU 9/30/18 - 405.1283 OUTFRONT 11/20/2018 2719832018090352 E 270-10415-5003 630.00 PROF SERV THRU 9/30/18 - 405.1296 - 180 EL CA Monday, December 3, 2018 Page 2 of 29 VENDOR NAMEDATE CHECK #INVOICE #ACCOUNT #AMOUNT DESCRIPTION Payments issued between and11/19/2018 12/2/2018 -City of South San Francisco ECONOMIC & COMMUNITY DEVELOPMENT MEYERS, NAVE, RIBACK 11/30/2018 2722112018090343 E 270-10415-5003 13,402.60 PROF SERV THRU 9/30/18 - 405.1279 HISENSE C 11/30/2018 2722112018090349 E 270-10115-5003 796.20 OYSTER POINT - MEYERS NAVE SERVICES MICHAEL BAKER INTL, INC 11/20/2018 2719841029648 E 222-10310-5005 2,683.05 FY 18-19 CONSULTING SERVICES AGREEMENT WI 11/30/2018 2722121032049 E 222-10310-5005 1,800.00 FY 18-19 CONSULTING SERVICES AGREEMENT WI OFFICE DEPOT INC 11/20/2018 271992225475318001 E 100-10110-5020 66.74 ECD OFFICE SUPPLIES FOR 8PPL OMBUDSMAN SERVICES OF 11/30/2018 2722177315 E 222-10350-5063 2,550.00 FY 18-19 CDBG GRANT WITH OMBUDSMAN SERV PROJECT SENTINEL INC 11/20/2018 2720047383 E 222-10323-5063 3,328.05 FY 18-19 CDBG GRANT WITH PROJECT SENTINEL REBUILDING TOGETHER PENINSULA 11/20/2018 2720077288 E 222-10343-5063 2,185.13 FY 18-19 CDBG GRANT WITH REBUILDING TOGET SAMARITAN HOUSE-SAFE HARBOR 11/20/2018 2720087348 E 222-10350-5063 4,376.08 FY 18-19 CDBG GRANT WITH SAMARITAN HOUSE STARVISTA 11/30/2018 2722247378 E 222-10350-5063 1,525.00 FY 18-19 CDBG GRANT WITH STARVISTA WEST COAST CODE CONSULTANTS 11/30/2018 272236218-010-411-01 E 100-10520-5005 115,815.49 BUILDING PLAN REVIEW SERVICES 10/01/18-10/ 11/30/2018 272236I-411-218-09-01 E 100-10520-5005 55,699.63 BUILDING PLAN REVIEW SERVICES 09/01/18-09/ 11/30/2018 272236I-411-218-09-03 E 100-10520-5005 11,560.00 BUILDING INSPECTION SERVICES VENOOK 09/01/ 11/30/2018 272236I-411-218-09-05 E 100-10520-5005 1,950.00 BUILDING ADMIN SERVICES ROMERO 09/01/18-0 Payments issued for ECONOMIC & COMMUNITY DEVELOPMENT $281,083.06 FINANCE OFFICE DEPOT INC 11/20/2018 271992216961607001 E 100-06210-5020 132.02 OFFICE SUPPLIES - FINANCE 11/20/2018 271992216962187001 E 100-06210-5020 10.15 OFFICE SUPPLIES - FINANCE 11/20/2018 271992216962188001 E 100-06210-5020 16.33 OFFICE SUPPLIES - FINANCE PERSONNEL DATA SYSTEMS, INC. 11/20/2018 271999041158 E 100-06110-5005 1,110.00 VISTA HRMS IMPLEMENTATION - SVCS RENDERE 11/28/2018 272121040929 E 100-06110-5005 1,202.50 VISTA HRMS IMPLEMENTATION - SVCS RENDERE STATE OF CALIFORNIA 11/28/2018 272138335401 E 100-06210-5037 32.00 OCTOBER 2018 LIVESCAN SUBMISSIONS Payments issued for FINANCE $2,503.00 FIRE AMAZON.COM 11/28/2018 272148cc-382668 E 100-11720-5022 141.60 JB-BOOKS, PUBLICATIONS, LIBRARY MATERIALS 11/28/2018 272148cc382693 E 100-11720-5022 69.58 JB-BOOK, PUBLICATIONS, LIBRARY MATERIALS BAUER COMPRESSORS INC 11/28/2018 2720570000246083 E 100-11710-5051 750.00 MAINTENANCE & OPERATION EQUIPMENT CMC RESCUE, INC. 11/28/2018 272148cc382704 E 100-11720-5033 1,195.00 JB-STAFF DEVELOPMENT/TRAINING DELFIRESTONE 11/28/2018 272148cc382881 E 100-11710-5021 878.90 PM-OPERATING SUPPLIES - HIGH RISE BAGS FIRE PROTECTION PUBLICATION 11/28/2018 272148cc382690 E 100-11720-5022 64.17 JB-BOOK, PUBLICATIONS, LIBRARY MATERIALS Monday, December 3, 2018 Page 3 of 29 VENDOR NAMEDATE CHECK #INVOICE #ACCOUNT #AMOUNT DESCRIPTION Payments issued between and11/19/2018 12/2/2018 -City of South San Francisco FIRE FOLSOM LAWN & POWER EQUIPMENT 11/28/2018 272148cc382876 E 100-11710-5051 66.88 PM-MAINTENANCE & EQUIPMENT JL DARLING 11/28/2018 272148cc382861 E 100-11710-5021 56.11 PM-APPARATUS EQUIPMENT PURCHASE L N CURTIS & SONS 11/28/2018 272099443383 E 100-11710-5021 1,420.25 OPERATING SUPPLIES METRO MOBILE COMMUNICATIONS 11/28/2018 272108054973 E 100-11710-5021 166.39 MAINTENANCE & OPERATION EQUIPMENT 11/28/2018 27210842943 E 100-11710-5021 180.26 MAINTENANCE & OPERATION EQUIPMENT PENINSULA UNIFORMS & EQUIP INC11/28/2018 272119156217 E 100-11720-5034 26.82 USAR PATCHES 11/28/2018 272119156347 E 100-11210-5034 593.48 CLASS A UNIFORM 11/28/2018 272119156458 E 100-11720-5034 141.24 USAR PPE 11/28/2018 272119156574 E 100-11110-5034 19.58 CLASS A UNIFORM PREFERRED ALLIANCE, INC 11/20/2018 2720030142933-IN E 100-11110-5039 12.00 OCTOBER 2018 PRE-EMPLOYMENT & RANDOM D 11/20/2018 2720030142933-IN E 100-11110-5036 129.00 OCTOBER 2018 PRE-EMPLOYMENT & RANDOM D RESOLVE INSURANCE SYSTEMS 11/30/2018 272221October 2018 E 100-11610-5005 3,138.20 AMBULANCE SECONDARY BILLING 11/30/2018 272221September 2018 E 100-11610-5005 4,523.20 AMBULANCE SECONDARY BILLING ROOFLINE SUPPLY & DELIVERY 11/28/2018 272148cc382699 E 100-11720-5033 60.10 JB-STAFF DEVELOPMENT/TRAINING 11/28/2018 272148cc382703 E 100-11720-5033 5.47 JB-STAFF DEVELOPMENT/TRAINING SOUTH CITY LUMBER AND SUPPLY 11/28/2018 272148cc382697 E 100-11720-5033 -1,071.63 JB-STAFF DEVELOPMENT/TRAINING-RETURN CRE 11/28/2018 272148cc382701 E 100-11720-5033 1,380.28 JB-STAFF DEVELOPMENT/TRAINING 11/28/2018 272148cc382702 E 100-11720-5033 766.02 JB-STAFF DEVELOPMENT/TRAINING STATE OF CALIFORNIA 11/28/2018 272138335401 E 100-11110-5037 160.00 OCTOBER 2018 LIVESCAN SUBMISSIONS TELECOMMUNICATIONS ENG ASSOC 11/28/2018 27214045653 E 100-11730-5021 616.81 STATION ALERTING CABLE MAINTENANCE THE EXECUTIVE ADVERTISING 11/28/2018 272148cc-383203 E 100-11610-5021 155.90 RW-EMS SUPPLIES- KEY CHAINS FOR KNOX KEYS Payments issued for FIRE $15,645.61 HUMAN RESOURCES CITY OF REDWOOD CITY 11/28/2018 272066BR50074 E 100-09110-5013 1,900.00 CONSORTIUM MEMBERSHIP FEES FOR FY 18-19 KRAMER WORKPLACE INVESTIGATION11/20/2018 271973111918 E 100-09110-5038 9,608.00 PERSONNEL INVESTIGATION SERVICES OFFICE DEPOT INC 11/28/2018 272113215930213001 E 100-09110-5020 28.79 OFFICE SUPPLIES 11/28/2018 272113228051888001 E 100-09110-5020 76.00 OFFICE SUPPLIES PREFERRED ALLIANCE, INC 11/20/2018 2720030142861-IN E 100-09110-5001 1,667.00 OCTOBER 2018 DOT TRAINING 11/20/2018 2720030142933-IN E 100-09110-5001 331.65 OCTOBER 2018 PRE-EMPLOYMENT & RANDOM D YVETTE MINDEGUIA 11/28/2018 272111YM 10/19/18 E 100-09110-5031 109.59 REIMB - SOCIAL MEDIA TRAINING Payments issued for HUMAN RESOURCES $13,721.03 Monday, December 3, 2018 Page 4 of 29 VENDOR NAMEDATE CHECK #INVOICE #ACCOUNT #AMOUNT DESCRIPTION Payments issued between and11/19/2018 12/2/2018 -City of South San Francisco INFORMATION TECHNOLOGY ARCHIVESOCIAL 11/28/2018 2720526140 E 785-16110-5040 4,788.00 ANNUAL RENEWAL - ONLINE SOCIAL MEDIA ARC KELSO COMMUNICATIONS 11/28/2018 272097I2018149 E 785-16110-5051 500.00 CITY-WIDE PHONE SYSTEM REPAIR/ADJUSTMENT Payments issued for INFORMATION TECHNOLOGY $5,288.00 LIBRARY AMAZON CAPITAL SERVICES, INC 11/28/2018 27204816TY-JW66-VYXM E 100-15110-5030 39.66 MAIN LIBRARY KITCHEN SUPPLIES 11/28/2018 2720481RRK-M4VW-JPHX E 100-15110-5030 63.87 PROGRAM SUPPLIES BAKER & TAYLOR INC 11/28/2018 272056L1105694 E 100-15999-5022 527.03 BOOKS - LEARNING WHEELS 11/30/2018 272171L1084154 E 100-15220-5022 2,355.12 BOOKS - JUV 11/30/2018 272171L1084154 E 100-15320-5022 565.27 BOOKS - JUV 11/30/2018 272171L1084154 E 100-15999-5999 1,223.82 BOOKS - JUV 11/30/2018 272171L1123914 E 100-15210-5022 7,904.84 BOOKS 11/30/2018 272171L1123914 E 100-15310-5022 2,477.24 BOOKS 11/30/2018 272171L1123914 E 100-15999-5999 200.26 BOOKS 11/30/2018 272171L1236954 E 100-15320-5022 155.20 BOOKS - JUV 11/30/2018 272171L1236954 E 100-15220-5022 113.02 BOOKS - JUV 11/30/2018 272171L4317184 E 100-15210-5022 773.40 BOOKS 11/30/2018 272171L4317564 E 100-15310-5022 269.49 BOOKS - GRAND AVE CORP OF THE FINE ARTS MUSEUMS 11/28/2018 27206911/29/18 E 100-15230-5030 150.00 ART TALKS- PRESENTATION FOR LIBRARIAN STAC DEMCO INC. 11/28/2018 2720776481771 E 100-15110-5021 215.78 BOOK SUPPLIES FOR MAIN LIBRARY 11/28/2018 2720776486185 E 100-15110-5021 244.27 BOOK SUPPLIES 11/28/2018 2720776492058 E 100-15110-5021 132.43 LABEL PROTECTORS FOR MAIN LIBRARY DINAPOLI PIZZERIA & RESTAURANT11/28/2018 272148CC383173 E 100-15110-5031 96.20 AT - TRIVIA CHALLENGE WRITING ROOM & JUV T EBSCO INFORMATION SERVICES 11/30/2018 2721870505577 E 100-15210-5022 450.52 MAGAZINE SUBSCRIPTIONS 11/30/2018 27218710000287 E 100-15210-5022 -113.82 EBSCO CREDIT MEMO FAVORS AND FLOWERS 11/28/2018 272148CC383175 E 100-15230-5030 112.50 AT - FILIPINO HERITAGE ADULT PROGRAM GE MONEY BANK/AMAZON 11/30/2018 2721930010 3871 E 100-15110-5021 64.30 AV / BOOKS 11/30/2018 2721930010 3871 E 100-15210-5022 60.84 AV / BOOKS 11/30/2018 2721930010 3871 E 100-15210-5043 328.23 AV / BOOKS MASE GROUP LLC 11/28/2018 27210600325 E 100-15110-5001 225.75 DVD LABELING FOR MAIN LIBRARY 11/28/2018 27210600326 E 100-15110-5001 181.65 DVD LABELING SVC MELISA MENDOZA 11/28/2018 27210710/27-10/29/2018 E 100-15110-5032 564.90 STATEMENT OF EXPENSE FOR MELISA MENDOZA Monday, December 3, 2018 Page 5 of 29 VENDOR NAMEDATE CHECK #INVOICE #ACCOUNT #AMOUNT DESCRIPTION Payments issued between and11/19/2018 12/2/2018 -City of South San Francisco LIBRARY MIDWEST TAPE 11/28/2018 2721102000009739 E 100-15220-5043 73.71 AV 11/28/2018 2721102000009739 E 100-15210-5043 6,843.74 AV 11/28/2018 2721102000009739 E 100-15310-5043 1,148.64 AV 11/28/2018 2721102000009742 E 100-15220-5022 149.60 AV JUV 11/28/2018 2721102000009742 E 100-15220-5043 17.47 AV JUV 11/28/2018 2721102000009742 E 100-15320-5022 198.10 AV JUV OFFICE DEPOT INC 11/28/2018 272113219033814001 E 100-15110-5020 324.03 OFFICE SUPPLIES FOR MAIN LIBRARY ADMINISTR 11/28/2018 272113222576948001 E 100-15110-5020 8.72 OFFICE SUPPLIES FOR MAIN LIBRARY 11/28/2018 272113222577231001 E 100-15110-5020 154.86 OFFICE SUPPLIES FOR MAIN LIBRARY 11/28/2018 272113222577232001 E 100-15110-5020 22.79 OFFICE SUPPLIES FOR MAIN LIBRARY PENINSULA LIBRARY SYSTEM 11/28/2018 27211712563 E 100-15110-5001 72.72 WARRANTY FOR ENVISIONWARE 11/28/2018 27211712571 E 100-15110-5004 629.83 DEEP FREEZE RENEWAL (FARONICS) 2018-2019 11/28/2018 27211712580 E 100-15110-5001 1,360.74 CONTENT CAFE URL 2/2018-7/2019 11/28/2018 27211712589 E 100-15230-5019 2,706.56 MOBILE APPS FOR PLS-COMMUNICO 9/29/18-9/ 11/28/2018 27211712598 E 100-15110-5001 113.34 MARS AUTHORITY CONTROL AUG 2018 11/28/2018 27211712606 E 100-15110-5051 6,212.67 BIBLIOCOMMONS MAINTENANCE RENEWAL 8/9/ RECORDED BOOKS, INC. 11/28/2018 27212576000028 E 100-15210-5043 282.96 AV 11/28/2018 27212576006218 E 100-15210-5043 43.49 BOOKS 11/28/2018 27212576008150 E 100-15210-5043 282.96 BOOKS 11/28/2018 27212576010492 E 100-15210-5043 43.49 BOOKS 11/28/2018 27212576012181 E 100-15210-5043 35.83 BOOKS 11/28/2018 27212576014613 E 100-15210-5043 32.61 BOOKS 11/28/2018 27212576020080 E 100-15210-5043 130.47 AUDIO BOOKS 11/28/2018 27212576028445 E 100-15210-5043 152.68 BOOKS 11/28/2018 27212576028486 E 100-15210-5043 152.68 BOOKS SCHOOL HOUSE GROCERY 11/28/2018 2721299063 E 100-15110-5030 120.72 LEAP WEBINAR LUNCH STAPLES BUSINESS ADVANTAGE 11/28/2018 2721378052052941 E 100-15110-5020 218.99 OFFICE SUPPLIES FOR MAIN LIBRARY 11/28/2018 2721378052052952 E 100-15430-5020 199.30 OFFICE SUPPLIES FOR MAIN LIBRARY STATE OF CALIFORNIA 11/28/2018 272138335401 E 100-15110-5037 288.00 OCTOBER 2018 LIVESCAN SUBMISSIONS THE GALE GROUP, INC 11/28/2018 27214165561357 E 100-15210-5043 360.01 BOOKS 11/28/2018 27214165568530 E 100-15210-5022 28.66 BOOKS VALERIO'S TROPICAL BAKE SHOP 11/28/2018 272148CC383195 E 100-15110-5030 65.99 AT - FILIPINO HERITAGE PROGRAM, SUPPLIES Monday, December 3, 2018 Page 6 of 29 VENDOR NAMEDATE CHECK #INVOICE #ACCOUNT #AMOUNT DESCRIPTION Payments issued between and11/19/2018 12/2/2018 -City of South San Francisco LIBRARY Payments issued for LIBRARY $41,858.13 NON-DEPARTMENTAL AT&T 11/28/2018 2720539391060747 E 781-07210-5071 57.55 PHONE CHARGES 11/28/2018 2720539391060749 E 781-07210-5071 183.72 PHONE CHARGES 11/28/2018 2720539391060750 E 781-07210-5071 493.60 PHONE CHARGES 11/28/2018 2720539391060755 E 781-07210-5071 138.59 PHONE CHARGES 11/28/2018 2720539391060756 E 781-07210-5071 67.94 PHONE CHARGES 11/28/2018 2720539391060758 E 781-07210-5071 60.42 PHONE CHARGES 11/28/2018 2720539391060760 E 781-07210-5071 52.58 PHONE CHARGES 11/28/2018 2720539391060761 E 781-07210-5071 20.83 PHONE CHARGES 11/28/2018 2720539391060842 E 781-07210-5071 29.42 PHONE CHARGES 11/28/2018 2720539391060843 E 781-07210-5071 14.58 PHONE CHARGES 11/28/2018 2720539391060844 E 781-07210-5071 26.63 PHONE CHARGES 11/28/2018 2720539391060845 E 781-07210-5071 349.58 PHONE CHARGES 11/28/2018 2720539391060867 E 781-07210-5071 19.03 PHONE CHARGES 11/28/2018 2720539391060869 E 781-07210-5071 202.75 PHONE CHARGES 11/28/2018 2720539391060870 E 781-07210-5071 483.31 PHONE CHARGES 11/28/2018 2720539391060972 E 781-07210-5071 31.59 PHONE CHARGES 11/28/2018 2720539391060974 E 781-07210-5071 78.46 PHONE CHARGES 11/28/2018 2720539391060976 E 781-07210-5071 326.63 PHONE CHARGES 11/28/2018 2720539391061122 E 781-07210-5071 115.07 PHONE CHARGES 11/28/2018 2720539391062505 E 781-07210-5071 14.62 PHONE CHARGES 11/28/2018 2720549391060855 E 781-07210-5071 1,531.27 PHONE CHARGES 11/28/2018 2720549391060926 E 781-07210-5071 432.08 PHONE CHARGES 11/28/2018 2720549391060935 E 781-07210-5071 432.74 PHONE CHARGES BAY AREA PAVING CO, INC 11/20/2018 271924C54-401 E 782-07410-5035 5,500.00 REPAIR BRICK PLANTER AVALON/JUNIPERO SERR CALIFORNIA WATER SERVICE CO 11/20/2018 2719350982104814 E 781-07210-5073 120.98 WATER SERVICE 11/20/2018 2719354635141659 E 781-07210-5073 614.74 WATER SERVICE CITY NATIONAL BANK 11/28/2018 272065LEASE # 10-036-03 E 784-07511-7004 6,365.55 LEASE/OPTION TO PURCHASE #10-036-03 - TWO 11/28/2018 272065LEASE # 10-036-03 E 784-07511-7001 61,964.84 LEASE/OPTION TO PURCHASE #10-036-03 - TWO COMCAST CABLE COMMUNICATION IN11/20/2018 2719438155 20 044 0076067 E 781-07210-5071 89.47 INTERNET SERVICE/MODEM RENTAL Monday, December 3, 2018 Page 7 of 29 VENDOR NAMEDATE CHECK #INVOICE #ACCOUNT #AMOUNT DESCRIPTION Payments issued between and11/19/2018 12/2/2018 -City of South San Francisco NON-DEPARTMENTAL DKS ASSOCIATES 11/20/2018 2719490068210 E 784-07511-5005 200.00 SVCS 10/1/18-10/31/18 FOR SSF ELECTRICAL VEH KAISER FOUNDATION HEALTH PLAN 11/20/2018 271969NOV 2018 E 783-00000-4342 147,580.41 KAISER PERMANENTE HEALTHCARE PREMIUMS N 11/20/2018 271969NOV 2018 E 783-00000-4341 232,935.23 KAISER PERMANENTE HEALTHCARE PREMIUMS N PACIFIC GAS & ELECTRIC COMPANY11/20/2018 2719955908002015-5 E 781-07210-5070 87,960.70 ELECTRIC SERVICE-WQCP 11/28/2018 2721150093316219-0 E 781-07210-5070 9.86 GAS/ELECTRIC SERVICE 11/28/2018 2721150379629797-0 E 781-07210-5070 96.00 GAS/ELECTRIC SERVICE 11/28/2018 2721151809759572-4 E 781-07210-5070 1,912.44 GAS/ELECTRIC SERVICE 11/28/2018 2721151886610157-1 E 781-07210-5070 743.15 GAS/ELECTRIC SERVICE 11/28/2018 2721151936382234-7 E 781-07210-5070 21.02 GAS/ELECTRIC SERVICE 11/28/2018 2721151944978060-0 E 781-07210-5070 32.05 GAS/ELECTRIC SERVICE 11/28/2018 2721152500898977-1 E 781-07210-5070 51.87 GAS/ELECTRIC SERVICE 11/28/2018 2721152859665236-3 E 781-07210-5070 2.16 GAS/ELECTRIC SERVICE 11/28/2018 2721152900060739-9 E 781-07210-5070 25.20 GAS/ELECTRIC SERVICE 11/28/2018 2721153084158901-0 E 781-07210-5070 35.96 GAS/ELECTRIC SERVICE 11/28/2018 2721154836977850-0 E 781-07210-5070 171.81 GAS/ELECTRIC SERVICE 11/28/2018 2721157036130873-0 E 781-07210-5070 179.39 GAS/ELECTRIC SERVICE 11/28/2018 2721157785237739-7 E 781-07210-5070 119.35 GAS/ELECTRIC SERVICE 11/28/2018 2721158177181277-3 E 781-07210-5070 69.60 GAS/ELECTRIC SERVICE 11/28/2018 2721159473336735-6 E 781-07210-5070 72.33 GAS/ELECTRIC SERVICE TOWNSEND PUBLIC AFFAIRS, INC. 11/28/2018 27214314199 E 100-07888-5061 5,000.00 GRANT CONSULTING SVCS BY TOWNSEND PUB A TRISTAR RISK MANAGEMENT 11/28/2018 27214695470 E 782-07410-5081 12,806.68 JULY-OCTOBER 2018 WORKERS' COMP ADMIN S 11/30/2018 27222795667 E 782-07410-5081 15,935.00 NOVEMBER 2018 WORKERS' COMP ADMIN SVCS 11/30/2018 27222795873 E 782-07410-5081 15,935.00 DECEMBER 2018 WORKERS' COMP ADMIN SVCS UTILITY TELEPHONE, INC 11/28/2018 272152126848 E 781-07210-5071 261.79 LD PHONE CHARGES WESTBOROUGH WATER DISTRICT 11/28/2018 272157SSF0001-53 E 781-07210-5073 58,777.14 WATER SERVICE Payments issued for NON-DEPARTMENTAL $660,752.71 PARKS & RECREATION A+ LIVESCAN SERVICES 11/30/2018 2721614340 E 100-17275-5037 99.00 PRINTS/ BARAJAS 11/30/2018 2721614464 E 100-17275-5037 99.00 PRINTS/ PEREZ ALERT DOOR SERVICE INC 11/30/2018 27216480693 E 100-17410-5005 200.00 FAC - SECURITY 11/30/2018 27216480738 E 100-17410-5005 515.00 FIRE STATION #61 - SECURITY Monday, December 3, 2018 Page 8 of 29 VENDOR NAMEDATE CHECK #INVOICE #ACCOUNT #AMOUNT DESCRIPTION Payments issued between and11/19/2018 12/2/2018 -City of South San Francisco PARKS & RECREATION ALERT DOOR SERVICE INC 11/30/2018 27216480758 E 100-17410-5005 461.00 FAC - SECURITY 11/30/2018 27216480889 E 100-17410-5005 600.00 FIRE STATION #65 - SECURITY 11/30/2018 27216480911 E 100-17410-5005 600.00 FIRE STATION #61 - SECURITY 11/30/2018 27216480912 E 100-17410-5005 240.00 FAC - SECURITY ALL INDUSTRIAL ELECTRIC SUPPLY11/30/2018 2721655193284 E 100-17420-5050 76.17 ELECTRICAL SUPPLIES 11/30/2018 2721655193285 E 100-17420-5050 11.36 ELECTRICAL SUPPLIES 11/30/2018 2721655194073 E 100-17420-5050 469.56 ELECTRICAL SUPPLIES 11/30/2018 2721655194642 E 100-17420-5050 41.08 ELECTRICAL SUPPLIES 11/30/2018 2721655194933 E 100-17420-5050 104.20 ELECTRICAL SUPPLIES 11/30/2018 2721655194934 E 100-17420-5021 187.70 ELECTRICAL SUPPLIES 11/30/2018 2721655195204 E 100-17420-5021 61.62 ELECTRICAL SUPPLIES 11/30/2018 2721655195205 E 100-17420-5050 187.70 ELECTRICAL SUPPLIES ALPINE AWARDS 11/28/2018 2720475530959 E 100-17240-5021 340.84 CROSS COUNTRY MEDALS - MIDDLE SCHOOL TRA AMAZON.COM 11/28/2018 272148CC382947 E 100-17410-5020 19.45 MG CC - CORP YARD FRONT OFFICE SUPPLIES 11/28/2018 272148CC382947 E 100-17310-5020 19.45 MG CC - CORP YARD FRONT OFFICE SUPPLIES 11/28/2018 272148CC382970 E 100-17410-5020 16.45 MG CC - FRONT OFFICE SUPPLIES 11/28/2018 272148CC382970 E 100-17310-5020 16.45 MG CC - FRONT OFFICE SUPPLIES ARAMARK UNIFORM SERVICES 11/28/2018 272051758890056 E 100-17320-5034 306.06 WEEKLY UNIFORM SERVICE 11/28/2018 272051758901936 E 100-17320-5034 414.90 WEEKLY UNIFORM SERVICE 11/28/2018 272051758913701 E 100-17320-5034 347.31 WEEKLY UNIFORM SERVICE 11/28/2018 272051758925487 E 100-17320-5034 307.06 WEEKLY UNIFORM SERVICE 11/28/2018 272051758937137 E 100-17320-5034 413.31 WEEKLY UNIFORM SERVICE 11/30/2018 272169758890053 E 100-17410-5034 41.07 WEEKLY UNIFORM SERVICE 11/30/2018 272169758901933 E 100-17410-5034 54.07 WEEKLY UNIFORM SERVICE ART'S PENINSULA LOCKSMITH 11/20/2018 271922444574 E 100-17320-5050 29.36 PARKS DIV - KEYS B&B CUSTOM DESIGNS 11/28/2018 27205517277 E 100-17240-5021 369.65 BASKETBALL MIDDLESCHOOL T-SHIRTS BAY AREA FLOORS & DESIGN 11/30/2018 2721748225 E 100-17971-5061 5,010.00 NEW CARPET INSTALLATION BRIGHTVIEW LANDSCAPE SERVICES 11/30/2018 2721766011058 E 233-17533-5050 1,621.00 NOV '18 LANDSCAPE MAINTENANCE 11/30/2018 2721766011058 E 234-17530-5050 7,910.00 NOV '18 LANDSCAPE MAINTENANCE 11/30/2018 2721766011058 E 231-17531-5050 10,604.00 NOV '18 LANDSCAPE MAINTENANCE 11/30/2018 2721766011058 E 100-17320-5001 21,750.00 NOV '18 LANDSCAPE MAINTENANCE 11/30/2018 2721766011058 E 232-17532-5050 1,710.00 NOV '18 LANDSCAPE MAINTENANCE Monday, December 3, 2018 Page 9 of 29 VENDOR NAMEDATE CHECK #INVOICE #ACCOUNT #AMOUNT DESCRIPTION Payments issued between and11/19/2018 12/2/2018 -City of South San Francisco PARKS & RECREATION BROADMOOR LUMBER & PLYWOOD CO 11/28/2018 27205949233 E 100-17320-5050 19.67 PARK SUPPLIES 11/28/2018 27205949389 E 100-17320-5050 298.69 PARKS DIV - OPER SUPP 11/28/2018 27205949392 E 100-17320-5050 345.89 PARKS DIV - OPER SUPP 11/28/2018 27205949397 E 100-17320-5050 327.31 PARKS DIV - OPER SUPP 11/28/2018 27205949401 E 100-17340-5050 333.21 PARKS DIV - OPER SUPP CAL-STEAM INC #2504 11/30/2018 2721773320948 E 100-17420-5050 161.27 W ORANGE LIBRARY - OPER SUPP CHARLES SECURITY 11/28/2018 2720627600 E 100-17250-5021 135.00 EVENT SECURITY - HALLOWEEN EXT. & HOLIDAY 11/28/2018 2720627600 E 100-17276-5061 180.00 EVENT SECURITY - HALLOWEEN EXT. & HOLIDAY CITY MECHANICAL INC 11/30/2018 27217949239 E 100-17971-5061 4,201.94 HVAC MAINT @ FIRE STATION #61 11/30/2018 27217950357 E 100-17420-5050 680.00 HVAC MAINT @ MSB 11/30/2018 27217950358 E 100-17420-5050 1,300.00 HVAC MAINT @ CITY HALL 11/30/2018 27217950359 E 100-17420-5050 680.00 HVAC MAINT @ MSB 11/30/2018 27217950360 E 100-17420-5050 1,041.64 HVAC MAINT @ GRAND AVE LIBRARY 11/30/2018 27217950361 E 100-17420-5050 1,014.87 HVAC MAINT @ FIRE STATION #61 11/30/2018 27217950552 E 100-17971-5061 2,644.09 HVAC MAINT @ MONTE VERDE COLE SUPPLY COMPANY, INC. 11/30/2018 272180276085-2 E 100-17420-5021 133.65 FAC - CUSTODIAL 11/30/2018 272180276088A E 100-17420-5021 82.53 FAC - CUSTODIAL 11/30/2018 272180277312 E 100-17420-5021 225.82 FAC - CUSTODIAL 11/30/2018 272180277527 E 100-17420-5021 28.09 FAC - CUSTODIAL 11/30/2018 272180279983 E 100-17420-5021 21.90 FAC - CUSTODIAL 11/30/2018 272180280011 E 100-17420-5021 29.52 FAC - CUSTODIAL 11/30/2018 272180281012 E 100-17420-5021 1,023.21 FAC - CUSTODIAL 11/30/2018 272180281012-1 E 100-17420-5021 70.86 FAC - CUSTODIAL 11/30/2018 272180282873 E 100-17420-5021 1,322.96 FAC - CUSTODIAL COMCAST CABLE COMMUNICATION IN11/20/2018 2719438155 20 044 0216218 E 100-17276-5021 53.75 MONTHLY CABLE BILL FOR MAGNOLIA SENIOR CE 11/30/2018 2721818155 20 044 0252502 E 100-17310-5001 47.45 CORP YARD CABLE 11/30/2018 2721818155 20 044 0252502 E 100-17410-5001 47.45 CORP YARD CABLE DEA SECURITY SYSTEMS CO INC 11/30/2018 272184CO10220187 E 100-17971-5061 3,828.00 FIRE ALARM SERVICE @ CORP YARD 11/30/2018 272184R010250181 E 100-17410-5005 533.00 SERVICE @ CORP YARD DEVIL MOUNTAIN NURSERY 11/28/2018 272078192044/1 E 100-17970-5061 4,418.45 HILLSIDE BLVD PLANTS 11/28/2018 272078192255/1 E 100-17320-5050 13.00 PARKS DIV - PLANTS DOGPOOPBAGS.COM LLC 11/20/2018 2719507371 E 100-17320-5050 3,000.00 DOG PARK BAGS Monday, December 3, 2018 Page 10 of 29 VENDOR NAMEDATE CHECK #INVOICE #ACCOUNT #AMOUNT DESCRIPTION Payments issued between and11/19/2018 12/2/2018 -City of South San Francisco PARKS & RECREATION EWING IRRIGATION PRODUCTS INC 11/28/2018 2720836462996 E 100-17320-5050 1,359.26 PARKS DIV - OPER SUPP 11/28/2018 2720836502466 E 100-17320-5050 1,455.50 PARKS DIV - IRRIGATION SUPP FASTRAK 11/28/2018 272148CC382939 E 100-17310-5001 6.25 DB CC - FASTRAK REPLENISHMENT 11/28/2018 272148CC382939 E 100-17410-5001 6.25 DB CC - FASTRAK REPLENISHMENT FLOW TEC INC 11/30/2018 27219232491 E 100-17410-5005 120.00 CITY FAC - OPER SUPP 11/30/2018 27219232601 E 100-17420-5050 1,056.00 CITY FAC - OPER SUPP FOOD SERVICE PARTNERS OF CA 11/20/2018 271958SSF0192 E 100-17276-5061 2,766.10 SENIOR MEALS FOR OCTOBER 2018 11/20/2018 271958SSF0193 E 100-17276-5061 382.25 SENIOR MEALS FOR 3RD FLOOR - SENIOR CENTER 11/28/2018 272085SSFCP113018 E 100-17276-5061 1,426.55 CHRISTMAS TREE COOKIES FOR SANTA COMES T GRAND AVENUE HARDWARE 11/28/2018 2720902134/3071 E 100-17320-5050 60.79 PARKS DIV - OPER SUPP 11/28/2018 2720902148/3083 E 100-17320-5050 116.96 PARKS DIV - OPER SUPP K-119 OF CALIFORNIA 11/28/2018 27209575171 E 100-17320-5050 51.48 PARKS DIV - OPER SUPP 11/28/2018 27209575230 E 100-17320-5050 37.23 PARKS DIV - OPER SUPP LOWE'S CREDIT SERVICES 11/20/2018 271978901249 E 100-17320-5050 146.95 PARKS DIV - OPER SUPP 11/20/2018 271978901531 E 100-17320-5050 96.48 PARKS OPER SUPPLIES 11/20/2018 271978902273 E 100-17320-5050 111.41 PARKS DIV - OPER SUPP 11/20/2018 271978902571 E 100-17320-5050 92.09 PARKS DIV - OPER SUPP 11/20/2018 271978902724 E 100-17320-5050 26.62 PARKS DIV - OPER SUPP 11/20/2018 271978916634 E 100-17971-5061 -28.71 OMP POOL - OPER SUPP 11/30/2018 272205901811 E 100-17340-5050 12.13 PARKS DIV - OPER SUPP 11/30/2018 272205901816 E 100-17340-5050 19.40 PARKS DIV - OPER SUPP 11/30/2018 272205901855 E 231-17531-5050 172.15 PARKS DIV - OPER SUPP 11/30/2018 272205902027 E 100-17320-5050 41.65 PARKS DIV - OPER SUPP 11/30/2018 272205902060 E 100-17320-5050 48.31 PARKS DIV - OPER SUPP 11/30/2018 272205902291 E 100-17420-5050 97.57 CITY FAC - OPER SUPP 11/30/2018 272205902346 E 100-17320-5050 38.84 PARKS DIV - OPER SUPP 11/30/2018 272205902738 E 100-17320-5050 66.28 PARKS DIV - OPER SUPP 11/30/2018 272205902742 E 100-17320-5020 57.27 PARKS DIV - OPER SUPP 11/30/2018 272205902813 E 231-17531-5050 124.12 PARKS DIV - OPER SUPP 11/30/2018 272205916378 E 100-17420-5050 31.13 POLICE DEPT - OPER SUPP 11/30/2018 272205929922 E 100-17275-5021 8.50 PONDO JEWLERY MAKING LYNGSO GARDEN MATERIALS, INC 11/20/2018 271979957319 E 100-17970-5061 938.89 ROCKS FOR PARKS Monday, December 3, 2018 Page 11 of 29 VENDOR NAMEDATE CHECK #INVOICE #ACCOUNT #AMOUNT DESCRIPTION Payments issued between and11/19/2018 12/2/2018 -City of South San Francisco PARKS & RECREATION MAXX METALS, INC. 11/30/2018 272207172255 E 100-17420-5050 43.61 CITY FAC - OPER SUPP OFFICESUPPLY.COM 11/20/2018 272030CC382105 E 100-17320-5050 1,794.76 BC: OFFICE FURNITURE ORIENTAL TRADING CO INC 11/20/2018 271994692305203-01 E 100-17276-5061 902.31 EVENT SUPPLIES OTIS ELEVATOR COMPANY 11/30/2018 272218SJ05429A18 E 100-17420-5050 5,110.68 CITY FAC - ELEVATOR SERVICE P&D APPLIANCE 11/30/2018 2722190102176-IN E 100-17420-5050 93.08 CLC - OPER SUPP 11/30/2018 2722190102181-IN E 100-17420-5050 49.27 CLC - OPER SUPP 11/30/2018 2722190102210-IN E 100-17420-5050 211.95 FIRE STATION #61 - OPER SUPP PREFERRED ALLIANCE, INC 11/20/2018 2720030142933-IN E 100-17310-5036 43.00 OCTOBER 2018 PRE-EMPLOYMENT & RANDOM D READYREFRESH 11/28/2018 27212408K0030587026 E 100-17110-5021 44.63 MONTHLY BOTTLED WATER SERVICE FOR MSB - SABRE BACKFLOW LLC 11/28/2018 272126655 E 100-17320-5050 254.53 PARKS DIV - OPER SUPP SAVIANO COMPANY INC 11/20/2018 2720107639-01 E 100-17970-5061 2,400.00 PICKLEBALL COURT STRIPING SIERRA PACIFIC TURF SUPPLY INC11/20/2018 2720140539646-IN E 100-17320-5050 2,627.30 PARKS - TURF SMART & FINAL STORES LLC 11/28/2018 272130023654 E 100-17275-5021 859.17 PROGRAM SNACK SOUTH CITY LUMBER AND SUPPLY 11/20/2018 272016943972 E 100-17320-5050 25.18 PARKS OPER SUPPLIES 11/20/2018 272016960876 E 100-17320-5050 44.51 PARKS DIV - OPER SUPP 11/20/2018 272016K60764 E 100-17320-5050 48.11 PARKS DIV - OPER SUPP 11/28/2018 272133938223 E 100-17320-5050 20.30 PARKS DIV - OPER SUPP 11/28/2018 272133944419 E 100-17320-5050 13.09 PARKS DIV - OPER SUPP 11/28/2018 272133944496 E 100-17320-5050 10.03 PARKS DIV - OPER SUPP 11/28/2018 272133960213 E 100-17320-5050 44.01 PARKS DIV - OPER SUPP 11/28/2018 272133961109 E 100-17320-5050 19.61 PARKS DIV - OPER SUPP 11/28/2018 272133961289 E 100-17320-5050 28.39 PARKS DIV - OPER SUPP 11/28/2018 272133961442 E 100-17320-5050 28.39 PARKS DIV - OPER SUPP 11/28/2018 272133961933 E 100-17320-5050 89.02 PARKS DIV - OPER SUPP 11/28/2018 272133961979 E 100-17320-5050 51.96 PARKS DIV - OPER SUPP 11/28/2018 272133962032 E 100-17320-5050 62.45 PARKS DIV - OPER SUPP STAPLES BUSINESS ADVANTAGE 11/28/2018 2721378052052962 E 100-17110-5020 802.65 OFFICE SUPPLIES FOR MSB ADMIN OFFICE 11/28/2018 2721378052053001 E 100-17240-5021 90.75 OFFICE SUPPLIES FOR TERRABAY BLDG. STAPLES CREDIT PLAN 11/28/2018 272148CC382954 E 100-17310-5020 22.36 MG CC - CORP YARD FRONT OFICCE SUPPLIES STATE OF CALIFORNIA 11/28/2018 272138335401 E 100-17310-5037 128.00 OCTOBER 2018 LIVESCAN SUBMISSIONS THE PATRIOT BRASS ENSEMBLE INC11/28/2018 2721421723 E 100-17276-5061 1,650.00 LIVE HOLIDAY MUSIC FOR SANTA COMES TO TO TREESTUFF.COM 11/28/2018 272145INV-429547 E 100-17340-5050 52.50 PARKS DIV - OPER SUPP Monday, December 3, 2018 Page 12 of 29 VENDOR NAMEDATE CHECK #INVOICE #ACCOUNT #AMOUNT DESCRIPTION Payments issued between and11/19/2018 12/2/2018 -City of South San Francisco PARKS & RECREATION UNITED SITE SERVICES OF CA 11/28/2018 272149114-7511282 E 100-17320-5001 110.09 PORTABLE REST @ SOUTHWOOD FIELD UPS FREIGHT 11/28/2018 27215100000745WR448 E 100-17320-5050 19.87 DELIVERY SERVICE VELOX CONSTRUCTION INC 11/30/2018 2722313895 E 100-17971-5061 8,060.00 FERNEKES BLDG - REPAIRS W.W. GRAINGER INC. 11/20/2018 2720379001810374 E 100-17320-5051 351.35 PARKS OPER SUPPLIES 11/28/2018 2721539006973300 E 100-17970-5061 4,058.77 TERRABAY BASEBALL FIELD LIGHTING 11/28/2018 2721539007992184 E 100-17970-5061 2,632.66 TERRABAY BASEBALL FIELD LIGHTING 11/28/2018 2721539952774587 E 100-17320-5050 240.89 OPERATING SUPPLIES 11/28/2018 2721539952774587 E 231-17531-5050 301.99 OPERATING SUPPLIES 11/28/2018 2721539954450426 E 100-17320-5050 651.13 FENCING - OPER SUPPLIES WALSCHON FIRE PROTECTION INC 11/30/2018 272234185021.2 E 100-17420-5050 2,420.00 CITY FAC - QUARTERLY FIRE INSPECTION WEST COAST ARBORIST INC 11/20/2018 272038141998 E 100-17970-5061 5,658.00 HILLSIDE TREE PLANTING WEST MARINE COMPOST LLC 11/28/2018 2721558584 E 100-17970-5061 3,325.83 SLOPE MULCH FOR PARKS WESTERN EXTERMINATOR CO 11/30/2018 2722376400863 E 100-17410-5005 260.00 PEST CONTROL 11/30/2018 2722376400864 E 100-17410-5005 1,934.00 PEST CONTROL - SEPTEMBER 2018 11/30/2018 2722376413233 E 100-17410-5005 89.00 PEST CONTROL Payments issued for PARKS & RECREATION $142,221.92 POLICE ADVANCED BUSINESS FORMS 11/28/2018 27204330582 E 100-12720-5034 46.60 BUSINESS CARDS - MICHELS AMERICAN ALUMINUM ACC INC. 11/28/2018 27204986207 E 100-12720-5051 4,704.00 K9 CAGE FOR POLICE VEH ARAGON VETERINARY CLINIC 11/28/2018 272050167089 E 100-12720-5021 33.96 CANINE VET EXAM - DIESEL 11/28/2018 272050168401 E 100-12720-5021 322.83 CANINE VET EXAM - DIESEL 11/28/2018 272050168853 E 100-12720-5021 732.02 CANINE VET EXPENSE - ARES/DIESEL CA PEACE OFFICERS ASSOC. 11/28/2018 272060138330 E 100-12720-5033 1,500.00 CPOA DEPARTMENT MEMBERSHIP 2019 CITY OF SAN MATEO 11/20/2018 271942506291 E 100-12720-5033 2,362.50 MISSION BASED TACTICAL COURSE (SSFPD SHAR COPWARE INC 11/28/2018 27206784503 E 100-12110-5022 1,500.00 CA PEACE OFFICERS LEGAL SOURCEBOOK 2019 COUNTY OF SAN MATEO SHERIFF'S 11/28/2018 27207011/12-11/15/18 E 100-12720-5033 550.00 CRISIS INTERVENTION TRAINING- NIELSEN/ZAND DATA911 11/28/2018 272074SI-109370 E 100-12720-5021 933.87 M8 INTERNAL BROADBAND UPGRADE KIT EASTMAN INVESTIGATIVE SERVICES11/28/2018 2720814495 E 100-12720-5036 2,200.00 BACKGROUND INVESTIGATIONS FOR 2 OFFICERS JUAN PEREZ 11/28/2018 27212012/15-17/14 E 100-12720-5033 34.11 REIMBURSE FOR MILEAGE FOR CLASS LANGUAGE LINE SERVICES 11/28/2018 2721004421590 E 100-12720-5005 246.15 TRANSLATION LEXISNEXIS 11/28/2018 2721011810119793 E 100-12720-5001 104.40 INVESTIGATIVE DATABASE Monday, December 3, 2018 Page 13 of 29 VENDOR NAMEDATE CHECK #INVOICE #ACCOUNT #AMOUNT DESCRIPTION Payments issued between and11/19/2018 12/2/2018 -City of South San Francisco POLICE LUCAS TVRDIK 11/30/2018 27222810/28-11/01/18 LT E 100-12720-5033 234.07 POLICE BIKE SKILLS CLASS EXPENSES OFFICE DEPOT INC 11/28/2018 272113217274153001 E 100-12110-5020 52.42 OFFICE SUPPLIES 11/28/2018 272113217279533001 E 100-12110-5020 3.41 OFFICE SUPPLIES 11/28/2018 272113219310195001 E 100-12110-5020 79.08 OFFICE SUPPLIES 11/28/2018 272113225513660001 E 100-12110-5020 39.05 OFFICE SUPPLIES 11/28/2018 272113226921485001 E 100-12110-5020 130.94 OFFICE DEPOT PENINSULA PET RESORT INC 11/28/2018 272118110002 E 100-12720-5061 132.30 CANINE KENNELING - BLITZ (3 DAYS) PENINSULA UNIFORMS & EQUIP INC11/28/2018 272119OCT 2018 E 100-12720-5034 2,296.50 UNIFORM ITEMS PREFERRED ALLIANCE, INC 11/20/2018 2720030142933-IN E 100-12720-5036 86.00 OCTOBER 2018 PRE-EMPLOYMENT & RANDOM D PUBLIC SAFETY TRAINING CONSULT11/28/2018 27212321017 E 100-12410-5033 129.00 DISPATCHER CLASS - A. ALVARADO SOUTH BAY REGIONAL PUBLIC SAFE11/28/2018 272132116017 E 100-12720-5033 290.00 SUPERVISORY COURSE - DABNEY SSF SCAVENGER CO INC 11/28/2018 2721350000759111 E 100-12110-5020 180.00 DOCUMENT DESTRUCTION SERVICES STAPLES BUSINESS ADVANTAGE 11/28/2018 2721378052052972 E 100-12110-5020 346.99 OFFICE SUPPLIES TELECOMMUNICATIONS ENG ASSOC 11/20/2018 27202545663 E 100-12410-5001 4,735.00 MONTHLY RADIOS MAINT OCT 2018 11/20/2018 27202545667 E 100-12410-5005 16,583.33 PROF. MONTHLY SERVICES - OCT 2018 Payments issued for POLICE $40,588.53 PUBLIC WORKS 3M LIBRARY SYSTEMS 11/20/2018 2719169402457558 E 100-13430-5021 3,408.25 PAINTS & SIGNS OPER SUPPLIES 11/20/2018 2719169402457558 E 100-13999-5999 357.29 PAINTS & SIGNS OPER SUPPLIES 11/20/2018 2719169402457566 E 100-13999-5999 846.31 PAINTS & SIGNS OPER SUPPLIES ABEGAIL PARTIN 11/28/2018 2721165/17/2016 E 710-13910-5031 29.57 MMANIC WOMEN'S LEADERSHIP SUMMIT MILEA AIRGAS USA, LLC 11/20/2018 2719189081480193 E 781-13610-5021 96.69 GARAGE SHOP SUPPLIES 11/20/2018 2719189081785205 E 781-13610-5028 178.57 GARAGE - FORKLIFT 11/30/2018 2721639082457178 E 710-13922-5050 363.84 WELDING GAS RESTOCK ALL INDUSTRIAL ELECTRIC SUPPLY11/20/2018 2719195195587 E 100-13460-5021 1,020.27 STREETLIGHTING OPER SUPPLIES 11/20/2018 2719195196012 E 710-13944-5051 34.64 ELECTRICAL SUPPLIES 11/20/2018 2719195196057 E 710-13930-5051 951.88 ELECTRICAL CONDUIT RESTOCK 11/20/2018 2719195196092 E 100-13460-5021 273.26 STREETLIGHTING OPER SUPPLIES 11/28/2018 2720445196265 E 100-13460-5021 2,028.77 STREETLIGHTING OPER SUPPLIES 11/30/2018 2721655196352 E 710-13944-5021 79.03 OPERATING SUPPLIES 11/30/2018 2721655196454 E 710-13930-5050 710.97 ELECTRICAL SUPPLIES Monday, December 3, 2018 Page 14 of 29 VENDOR NAMEDATE CHECK #INVOICE #ACCOUNT #AMOUNT DESCRIPTION Payments issued between and11/19/2018 12/2/2018 -City of South San Francisco PUBLIC WORKS ALL STAR GLASS 11/20/2018 271920WSF090583 E 781-13610-5001 582.74 GARAGE- VEH 132 INSTALLATION OF WINDSHIEL ALLSTAR CABLE PRODUCTS, INC. 11/28/2018 27204566470 E 100-13450-5021 647.24 SIGNALS OPER SUPPLIES ALPHA ANALYTICAL LABORATORIES 11/28/2018 2720468110990-MD_SSF E 710-13951-5005 163.00 FY 2018-2019 ANALYTICAL SERVICES 11/28/2018 2720468110998-MD_SSF E 710-13953-5004 279.00 FY 2018-2019 ANALYTICAL SERVICES 11/28/2018 2720468111347-MD_SSF E 710-13953-5004 210.00 FY 2018-2019 ANALYTICAL SERVICES 11/28/2018 2720468111351-MD_SSF E 710-13953-5004 210.00 FY 2018-2019 ANALYTICAL SERVICES 11/28/2018 2720468111352-MD_SSF E 710-13953-5004 58.00 FY 2018-2019 ANALYTICAL SERVICES 11/28/2018 2720468111491-MD_SSF E 710-13953-5004 55.00 FY 2018-2019 ANALYTICAL SERVICES 11/28/2018 2720468111492-MD_SSF E 710-13953-5004 65.00 FY 2018-2019 ANALYTICAL SERVICES 11/28/2018 2720468111493-MD_SSF E 710-13953-5004 65.00 FY 2018-2019 ANALYTICAL SERVICES 11/28/2018 2720468111494-MD_SSF E 710-13953-5004 65.00 FY 2018-2019 ANALYTICAL SERVICES 11/30/2018 2721668103540-MD_SSF E 710-13951-5005 3,153.00 FY 2018-2019 ANALYTICAL SERVICES 11/30/2018 2721668103544-MD_SSF E 710-13951-5005 163.00 FY 2018-2019 ANALYTICAL SERVICES 11/30/2018 2721668111754-MD_SSF E 710-13953-5004 320.00 FY 2018-2019 ANALYTICAL SERVICES 11/30/2018 2721668112075-MD_SSF E 710-13953-5004 58.00 FY 2018-2019 ANALYTICAL SERVICES 11/30/2018 2721668112082-MD_SSF E 710-13953-5004 58.00 FY 2018-2019 ANALYTICAL SERVICES 11/30/2018 2721668112083-MD_SSF E 710-13953-5004 58.00 FY 2018-2019 ANALYTICAL SERVICES 11/30/2018 2721668112084-MD_SSF E 710-13953-5004 58.00 FY 2018-2019 ANALYTICAL SERVICES 11/30/2018 2721668112193-MD_SSF E 710-13953-5004 1,147.00 FY 2018-2019 ANALYTICAL SERVICES 11/30/2018 2721668112212-MD_SSF E 710-13953-5004 210.00 FY 2018-2019 ANALYTICAL SERVICES 11/30/2018 2721668112213-MD_SSF E 710-13953-5004 644.00 FY 2018-2019 ANALYTICAL SERVICES 11/30/2018 2721668112214-MD_SSF E 710-13953-5004 644.00 FY 2018-2019 ANALYTICAL SERVICES 11/30/2018 2721668112215-MD_SSF E 710-13953-5004 210.00 FY 2018-2019 ANALYTICAL SERVICES AMAZON.COM 11/28/2018 272148CC 383066 E 781-13610-5021 13.12 MM CC - GARAGE STOCK OPER SUPPLIES 11/28/2018 272148CC 383069 E 781-13610-5021 32.28 MM CC - GARAGE OPER SUPPLIES 11/28/2018 272148CC 383070 E 781-13610-5021 39.66 MM CC - GARAGE STOCK OPER SUPPLIES 11/28/2018 272148CC 383073 E 781-13610-5021 24.13 MM CC - GARAGE OPER SUPPLIES FOR VEH 858 11/28/2018 272148CC 383080 E 781-13610-5021 38.32 MM CC - GARAGE STOCK OPER SUPPLIES 11/28/2018 272148CC 383085 E 781-13610-5021 7.99 MM CC - GARAGE STOCK OPER SUPPLIES VEH 32 11/28/2018 272148CC 383087 E 781-13610-5021 21.75 MM CC - GARAGE STOCK OPER SUPPLIES 11/28/2018 272148CC382943 E 100-13410-5020 -4.00 MG CC - FRONT OFFICE SUPPLIES 11/28/2018 272148CC382946 E 740-13820-5021 364.75 MG CC - PW MAINT SUPPLIES & ITEMS FOR ADOP Monday, December 3, 2018 Page 15 of 29 VENDOR NAMEDATE CHECK #INVOICE #ACCOUNT #AMOUNT DESCRIPTION Payments issued between and11/19/2018 12/2/2018 -City of South San Francisco PUBLIC WORKS AMAZON.COM 11/28/2018 272148CC382947 E 100-13410-5020 19.44 MG CC - CORP YARD FRONT OFFICE SUPPLIES 11/28/2018 272148CC382947 E 710-13310-5020 19.44 MG CC - CORP YARD FRONT OFFICE SUPPLIES 11/28/2018 272148CC382948 E 740-13820-5021 425.00 MG CC - ADOPT A STORM DRAIN KITS 11/28/2018 272148CC382949 E 740-13820-5061 50.82 MG CC - SUPPLIES FOR ADOPT A STORM DRAIN L 11/28/2018 272148CC382970 E 100-13410-5020 16.44 MG CC - FRONT OFFICE SUPPLIES 11/28/2018 272148CC382970 E 710-13310-5020 16.45 MG CC - FRONT OFFICE SUPPLIES 11/28/2018 272148CC383023 E 781-13610-5021 31.98 MM CC - HOSE BED CURTAINS 11/28/2018 272148CC383025 E 781-13610-5021 32.13 MM CC- GARAGE STOCK OPER SUPPLIES AMERICAN AIR SYSTEMS INC 11/30/2018 27216718-1014 E 710-13941-5051 3,390.00 MAINTENANCE TO BELTS & FILTERS ON AC UNITS 11/30/2018 27216718-1015 E 710-13922-5050 3,390.00 MAINTENANCE TO BELTS & FILTERS @ WQCP 11/30/2018 27216718-1016 E 710-13941-5051 1,130.00 BLOWER ROOM AC DRAIN PAN 11/30/2018 27216718-1017 E 710-13941-5050 1,386.00 SHOP INSTALLATION OF OVER FLOW PAN & PIPE AQUADYNE ASSOCIATES 11/30/2018 27216818-063 E 710-13942-5051 2,711.27 REPLACEMENT DISSOLVED OXYGEN SENSORS ARAMARK UNIFORM SERVICES 11/20/2018 271921758571497 E 710-13315-5001 166.37 STREET DIVISION UNIFORMS 11/20/2018 271921758571499 E 781-13610-5001 14.95 GARAGE DIVISION UNIFORMS 11/20/2018 271921758571500 E 781-13610-5001 35.95 GARAGE- SEAT COVERS & SHOP TOWELS 11/20/2018 271921758890055 E 781-13610-5001 35.95 GARAGE FENDER SEAT COVERS & SHOP TOWELS 11/20/2018 271921758901934 E 781-13610-5001 55.45 GARAGE DIVISION UNIFORMS 11/20/2018 271921758901935 E 781-13610-5001 35.95 GARAGE FENDER SEAT COVERS & SHOP TOWELS 11/20/2018 271921758913699 E 781-13610-5001 81.95 GARAGE DIVISION UNIFORMS 11/20/2018 271921758913700 E 781-13610-5001 35.95 GARAGE FENDER SEAT COVERS 11/20/2018 271921758925480 E 710-13910-5001 144.27 WEEKLY UNIFORM SERVICE 11/20/2018 271921758925481 E 710-13910-5001 229.85 WEEKLY UNIFORM SERVICE 11/20/2018 271921758925485 E 781-13610-5001 41.95 GARAGE DIVISION UNIFORMS 11/20/2018 271921758925486 E 781-13610-5001 35.95 GARAGE FENDER SEAT COVERS & SHOP TOWELS 11/20/2018 271921758937130 E 710-13910-5001 144.27 WEEKLY UNIFORM SERVICE 11/20/2018 271921758937131 E 710-13910-5001 229.85 WEEKLY UNIFORM SERVICE 11/20/2018 271921758937133 E 100-13410-5001 85.38 STREET DIVISION UNIFORMS 11/20/2018 271921758937133 E 710-13315-5001 85.37 STREET DIVISION UNIFORMS 11/20/2018 271921758937135 E 781-13610-5001 28.95 GARAGE DIVISION UNIFORMS 11/20/2018 271921758937136 E 781-13610-5001 35.95 GARAGE- SEAT COVERS & SHOP TOWELS 11/28/2018 272051758948890 E 781-13610-5001 35.95 GARAGE- FENDER SEAT COVERS & SHOP TOWELS Monday, December 3, 2018 Page 16 of 29 VENDOR NAMEDATE CHECK #INVOICE #ACCOUNT #AMOUNT DESCRIPTION Payments issued between and11/19/2018 12/2/2018 -City of South San Francisco PUBLIC WORKS ARAMARK UNIFORM SERVICES 11/30/2018 272169758948884 E 710-13910-5001 144.27 WEEKLY UNIFORM SERVICE 11/30/2018 272169758948885 E 710-13910-5001 229.85 WEEKLY UNIFORM SERVICE 11/30/2018 272169758948887 E 710-13315-5001 98.05 STREET DIVISION UNIFORMS 11/30/2018 272169758948887 E 100-13410-5001 98.05 STREET DIVISION UNIFORMS 11/30/2018 272169758948889 E 781-13610-5001 60.45 GARAGE DIVISION UNIFORMS BASQUE CULTURAL CENTER,SSF 11/28/2018 272148CC382940 E 100-13410-5061 236.05 DB CC - SMC MAINT SERVICES COORDINATION M BAY AREA CHEMEX, INC. 11/20/2018 27192329934 E 781-13610-5001 3,238.69 GARAGE - VEH 745 REPAIRS 11/28/2018 27205830047 E 710-13315-5051 523.18 SEWER MAINT OPER SUPPLIES 11/30/2018 27217330049 E 781-13610-5001 424.33 GARAGE - VEH 0854 REPAIR TO SOAP VALVE BAY AREA UPHOLSTERY 11/20/2018 2719258332 E 781-13610-5001 380.18 GARAGE- VEH 224 REPAIRS 11/20/2018 2719258339 E 781-13610-5001 207.40 GARAGE- V EH 317 REPAIRS BETTS TRUCK PARTS 11/20/2018 271926CI0020198536 E 781-13610-5021 262.09 GARAGE SHOP OPER SUPPLIES VEH 509 11/20/2018 271926CI0020198954 E 781-13610-5021 95.68 GARAGE OPER SUPPLIES VEH 509 BLUE LINE TRANSFER INC 11/20/2018 2719270000759832 E 710-13962-5004 63,895.95 BIOSOLIDS (SEWAGE SLUDGE) DISPOSAL BOB JR'S TOWING INC 11/20/2018 271928030475 E 781-13610-5001 75.00 GARAGE- VEH 28 TIRE CHANGE 11/20/2018 27192830555 E 781-13610-5001 85.00 GARAGE- VEH 225 TOW 11/20/2018 27192831504 E 781-13610-5001 125.00 GARAGE -TOW OF VEH 120 BUCKLES-SMITH ELECTRIC CO 11/20/2018 2719303118705-00 E 710-13942-5051 459.30 REPLACEMENT BATTERY BACKUP SCADA SERVER BUILDASIGN 11/28/2018 272148CC382961 E 740-13820-5061 89.99 MG CC - FLAG FOR ADOPT A STORM DRAIN VOLU CAL SIGNAL CORP 11/20/2018 2719347382 E 100-13450-5021 1,284.78 SIGNALS OPER SUPPLIES CAL-STEAM INC #2504 11/20/2018 2719363369907-1 E 710-13941-5051 97.54 PROCESS PIPING MATERIALS - CAP CANVA.COM 11/28/2018 272148CC382944 E 740-13820-5001 1.00 MG CC - GRAPHIC FOR ADOPT A STORM DRAIN A 11/28/2018 272148CC382962 E 740-13820-5020 1.00 MG CC - ADOPT A STORM DRAIN VOLUNTEER AP CITY AUTO SUPPLY 11/20/2018 2719393-573063 E 781-13610-5021 14.54 GARAGE- VEH 290 OPER SUPPLIES 11/20/2018 2719393-578440 E 781-13610-5021 82.88 GARAGE SHOP OPER SUPPLIES VEH 256 11/20/2018 2719393-578730 E 781-13610-5021 67.95 GARAGE STOCK OPER SUPPLIES 11/20/2018 2719393-579106 E 781-13610-5021 36.66 GARAGE STOCK & VEH 781 11/20/2018 2719393-580759 E 781-13610-5021 48.66 GARAGE OPER SUPPLIES VEH 246 11/20/2018 2719393-581944 E 781-13610-5021 90.59 GARAGE OPER SUPPLIES VEH 251 11/20/2018 2719393-582099 E 781-13610-5021 3.47 GARAGE - VEH 251 OPER SUPPLIES 11/20/2018 2719393-582239 E 781-13610-5021 196.32 GARAGE- VEH 4 OPER SUPPLIES 11/30/2018 2721783-585378 E 781-13610-5021 234.02 GARAGE OPER SUPPLIES VEH 252 Monday, December 3, 2018 Page 17 of 29 VENDOR NAMEDATE CHECK #INVOICE #ACCOUNT #AMOUNT DESCRIPTION Payments issued between and11/19/2018 12/2/2018 -City of South San Francisco PUBLIC WORKS CITY AUTO SUPPLY 11/30/2018 2721783-585454 E 781-13610-5021 205.81 GARAGE OPER SUPPLIES VEH 252 11/30/2018 2721783-585661 E 781-13610-5021 183.12 GARAGE OPER SUPPLIES - VEH 21 CITY MECHANICAL INC 11/20/2018 27194050152 E 720-13720-5005 787.50 MPG HVAC MAINT COOPER SAFETY SUPPLY 11/20/2018 2719447012495 E 710-13910-5061 1,588.44 SAFETY SUPPLIES- HIGH VISABILITY VESTS 11/20/2018 2719447012522 E 710-13910-5061 748.14 SAFETY SUPPLIES- HARD HATS COSTCO 11/28/2018 272148CC382967 E 100-13410-5061 192.74 MG CC - SNACKS & SUPPLIES CITYWIDE CLEANUP CSTM AUTO TRIM & GRAPHICS 11/28/2018 272148CC383021 E 781-13610-5021 215.26 MM CC - GARAGE OPER SUPPLIES VEH 7 CUSTOMINK, LLC 11/28/2018 272148CC382956 E 100-13410-5061 380.90 MG CC - SHIRTS FOR CLEAN UP EVENT ON 9/15/1 11/28/2018 272148CC382958 E 100-13410-5061 -10.00 MG CC - SHIRTS FOR CLEANUP EVENT 11/28/2018 272148CC382959 E 740-13820-5061 1,531.50 MG CC - HATS FOR ADOPT A STORM DRAIN EVEN DAVID LEE 11/30/2018 272203013-102-410 E 100-13310-5078 76.00 LOW INCOME SEWER SERVICE REBATE-315 CASTI DEA SECURITY SYSTEMS CO INC 11/20/2018 271947C011101851 E 720-13720-5005 234.00 MPG QUARTERLY ALARM MONITORING 11/30/2018 272184C011060188 E 781-13610-5001 1,855.00 INSTALLATION OF CARD READERS DEPARTMENT OF TRANSPORTATION 11/20/2018 271948SL190103 E 100-13450-5021 13,468.40 SIGNALS & LIGHTING JULY 2018 - SEPT 2018 DEVIN KEAHI 11/20/2018 27197111/10-11/14/18 E 710-13315-5031 23.98 STANDBY MILEAGE REIMBURSEMENT FOR D.KEA DIRECT EDGE, INC 11/28/2018 272148CC383024 E 781-13610-5021 1,469.98 MM CC - GARAGE OPER SUPPLIES VEH 628 DOLLAR TREE STORE 11/28/2018 272148CC382951 E 740-13820-5061 17.11 MG CC - SUPPLIES FOR ADOPT A STORM DRAIN V 11/28/2018 272148CC382968 E 100-13410-5061 42.86 MG CC - CITYWIDE CLEANUP EVENT SUPPLIES DRD AUTOMOTIVE, INC. 11/28/2018 272079167414 E 710-13941-5051 3.98 STARTER FLUID DYSERT ENVIRONMENTAL INC 11/28/2018 27208013912 E 710-13953-5005 155.00 FY 2018-2019 SAMPLING SERVICES 11/28/2018 27208013913 E 710-13953-5005 155.00 FY 2018-2019 SAMPLING SERVICES 11/28/2018 27208013914 E 710-13953-5005 155.00 FY 2018-2019 SAMPLING SERVICES 11/28/2018 27208013916 E 710-13953-5005 155.00 FY 2018-2019 SAMPLING SERVICES 11/28/2018 27208013917 E 710-13953-5005 350.00 FY 2018-2019 SAMPLING SERVICES 11/28/2018 27208013918 E 710-13953-5005 155.00 FY 2018-2019 SAMPLING SERVICES 11/28/2018 27208013919 E 710-13953-5005 155.00 FY 2018-2019 SAMPLING SERVICES 11/30/2018 27218613915 E 710-13953-5005 155.00 FY 2018-2019 SAMPLING SERVICES 11/30/2018 27218613927 E 710-13953-5005 155.00 FY 2018-2019 SAMPLING SERVICES 11/30/2018 27218613928 E 710-13953-5005 245.00 FY 2018-2019 SAMPLING SERVICES 11/30/2018 27218613929 E 710-13953-5005 155.00 FY 2018-2019 SAMPLING SERVICES 11/30/2018 27218613930 E 710-13953-5005 245.00 FY 2018-2019 SAMPLING SERVICES 11/30/2018 27218613931 E 710-13953-5005 245.00 FY 2018-2019 SAMPLING SERVICES Monday, December 3, 2018 Page 18 of 29 VENDOR NAMEDATE CHECK #INVOICE #ACCOUNT #AMOUNT DESCRIPTION Payments issued between and11/19/2018 12/2/2018 -City of South San Francisco PUBLIC WORKS DYSERT ENVIRONMENTAL INC 11/30/2018 27218613932 E 710-13953-5005 245.00 FY 2018-2019 SAMPLING SERVICES 11/30/2018 27218613933 E 710-13953-5005 245.00 FY 2018-2019 SAMPLING SERVICES 11/30/2018 27218613934 E 710-13951-5005 445.00 FY 2018-2019 SAMPLING SERVICES 11/30/2018 27218613935 E 710-13951-5005 302.50 FY 2018-2019 SAMPLING SERVICES 11/30/2018 27218613936 E 710-13953-5005 155.00 FY 2018-2019 SAMPLING SERVICES 11/30/2018 27218613940 E 710-13953-5005 155.00 FY 2018-2019 SAMPLING SERVICES EMERGENCY VEHICLE GROUP INC 11/20/2018 27195224457 E 781-13610-5021 270.60 GARAGE OPER SUPPLIES ERA-A WATERS COMPANY 11/20/2018 271954883959 E 710-13951-5021 166.06 FY 2018-2019 LAB SUPPLIES (STANDARDS)-PO LI EREPLACMENTPARTS.COM 11/28/2018 272148CC 383083 E 781-13610-5021 94.55 MM CC - GARAGE OPER SUPPLIES EXXON MOBIL 11/28/2018 272148CC383020 E 781-13610-5021 19.52 MM CC- GARAGE OPER SUPPLIES FASTENAL COMPANY 11/20/2018 271955CAS1034254 E 781-13610-5021 4.61 GARAGE SHOP OPER SUPPLIES 11/20/2018 271955CAS1034592 E 781-13610-5021 47.79 GARAGE SHOP OPER SUPPLIES 11/20/2018 271955CAS1034784 E 781-13610-5021 61.53 GARAGE SHOP OPER SUPPLIES FASTRAK 11/28/2018 272148CC382939 E 100-13410-5001 6.25 DB CC - FASTRAK REPLENISHMENT 11/28/2018 272148CC382939 E 781-13610-5001 6.25 DB CC - FASTRAK REPLENISHMENT FATHOM MARINE, LLC 11/30/2018 2721901545 E 781-13610-5001 431.91 GARAGE - VEH 519 REPAIRS FISHER SCIENTIFIC COMPANY, LLC11/30/2018 2721917229963 E 710-13951-5021 349.58 LAB SUPPLIES FLYERS ENERGY LLC 11/20/2018 27195718-787621 E 781-13610-5028 1,138.43 FS 64 FUEL 11/20/2018 27195718-794116 E 781-13610-5028 659.55 CORP YARD DIESEL 11/20/2018 27195718-795644 E 781-13610-5028 3,429.68 FS 61 DIESEL 11/20/2018 27195718-798459 E 781-13610-5028 2,143.22 GARAGE - VEHICLE LUBRICANTS 11/20/2018 271957CFS1715622 E 781-13610-5028 12,264.44 CITYWIDE CARD LOCK FUEL 11/20/2018 271957CFS1723984 E 781-13610-5028 14,704.51 CITYWIDE CARD LOCK FUEL 11/28/2018 27208418-805178 E 781-13610-5028 3,953.36 GARAGE - FS 63 FUEL 11/28/2018 27208418-805179 E 781-13610-5028 843.38 GARAGE - FS 64 FUEL FOSTER FLOW CONTROL 11/20/2018 27195918-3056 E 710-13943-5051 5,552.09 REPLACEMENT PLUG VALVES 11/20/2018 27195918-3062 E 710-13942-5051 1,212.72 REPLACEMENT WEDGE GATE VALVE FULL SOURCE LLC 11/28/2018 272148CC382941 E 100-13410-5034 1,234.96 DB CC - SWEATSHIRTS FOR PW MAINT 11/28/2018 272148CC382963 E 710-13315-5034 754.56 MG CC - SHORT SLEEVE SHIRTS FOR PW MAINT GCS ENVIRONMENTAL EQUIPT SVCS 11/20/2018 27196018430 E 781-13610-5021 43.83 GARAGE OPER SUPPLIES GLOBAL SUN LANDSCAPE 11/30/2018 2721944126 E 710-13922-5021 87.00 LANDSCAPE REPAIR GOLDEN GATE TRUCK CENTER 11/20/2018 271961F005883901:01 E 781-13610-5020 200.08 GARAGE - VEH 505 PAD KIT Monday, December 3, 2018 Page 19 of 29 VENDOR NAMEDATE CHECK #INVOICE #ACCOUNT #AMOUNT DESCRIPTION Payments issued between and11/19/2018 12/2/2018 -City of South San Francisco PUBLIC WORKS GOLDEN GATE TRUCK CENTER 11/20/2018 271961R005084354:01 E 781-13610-5001 2,366.16 GARAGE - VEH 507 REPAIRS GOLDEN STATE CHEMICAL & SUPPLY11/20/2018 271962101071 E 710-13910-5021 2,602.87 NITRILE GLOVE RE-STOCK 11/20/2018 271962101082 E 710-13910-5021 2,265.65 OPERATING SUPPLIES - RESTOCK GRANITEROCK COMPANY 11/28/2018 2720911142796 E 100-13411-5021 116.35 STREET MAINT OPER SUPPLIES HAAKER EQUIPMENT COMPANY 11/28/2018 272148CC 383076 E 781-13610-5021 67.16 MM CC - GARAGE OPER SUPPLIES VEH 625 HACH COMPANY 11/28/2018 27209211213387 E 710-13951-5021 2,689.39 LAB SUPPLIES 11/30/2018 27219511223689 E 710-13942-5051 1,804.61 REPLACEMENT PH SENSOR IDEXX DISTRIBUTION, INC. 11/30/2018 2721973039543657 E 710-13951-5021 1,752.47 LAB SUPPLIES IPS GROUP, INC 11/20/2018 27196537719 E 720-13720-5005 6,165.24 OCT. CC TRANS FOR SINGLE SPACE PARKING MET JACK S CHEW 11/28/2018 272063011-254-060 E 100-13310-5078 76.00 LOW INCOME SEWER SERVICE REBATE PROGRA JAM SERVICES INC 11/20/2018 271966112733 E 781-13610-5021 1,529.50 SIGNALS OPER SUPPLIES 11/20/2018 271966112806 E 100-13450-5021 1,903.13 SIGNALS OPER SUPPLIES 11/28/2018 272094113220 E 100-13450-5021 1,857.25 SIGNALS OPER SUPPLIES JDI ELECTRICAL SERVICES INC 11/30/2018 2721984222 E 710-13941-5051 7,650.00 EV CHARGING ELECTRICAL FITTINGS K-119 OF CALIFORNIA 11/20/2018 27196875446 E 710-13922-5050 63.80 MAINTENANCE SUPPLIES 11/28/2018 27209575497 E 100-13450-5021 109.14 SIGNALS OPER SUPPLIES KAMAN INDUSTRIAL TECHNOLOGIES 11/20/2018 271970X937049 E 781-13610-5021 31.03 GARAGE OPER SUPPLIES VEH 786 11/30/2018 272199N405162 E 710-13944-5051 228.79 OPERATING SUPPLIES KEN GRADY COMPANY INC 11/20/2018 2719723368 E 710-13942-5051 81.47 REPLACEMENT ONLINE DECHLOR ANALYZER PAR KENNETH DE LEON 11/28/2018 27207603/22/18 E 710-13943-5051 61.00 EMPLOYEE REIMBURSEMENT- WELDING SUPPLIE KITCHELL CEM 11/30/2018 27220178927 E 100-13210-5001 1,500.00 CONSTRUCTION COORDINATION SERVICES FOR 4 LARRY WALKER ASSOCIATES, INC. 11/20/2018 27197400516.05-15 E 710-13951-5005 503.25 FY 2018-2019 WASTEWATER REGULATORY ASSIS LEVY PROMO PRODUCTS INC. 11/20/2018 2719761446 E 710-13953-5030 7,672.18 COMMUNITY OUTREACH MATERIALS LLUMIN, INC 11/28/2018 272103INV31132 E 710-13910-5033 6,725.00 COMPUTER MAINT. SYSTEM TRAINING FOR WQC LOGMEIN 11/28/2018 272148CC382960 E 100-13410-5061 348.00 MG CC - GOTO MEETING SUBSCRIPTION LOWE'S CREDIT SERVICES 11/20/2018 271978902278 E 740-13820-5021 444.60 STORM MAINT OPER SUPPLIES 11/20/2018 271978902281 E 100-13411-5021 140.01 STREET MAINT OPER SUPPLIES 11/20/2018 271978902286 E 710-13315-5021 66.24 SEWER MAINT OPER SUPPLIES 11/20/2018 271978902307 E 100-13440-5021 9.33 STREET CLEANING OPER SUPPLIES 11/20/2018 271978902350 E 100-13460-5021 50.05 STREETLIGHTING OPER SUPPLIES 11/20/2018 271978902533 E 710-13315-5021 12.46 SEWER MAINT OPER SUPPLIES 11/20/2018 271978902639 E 740-13820-5021 26.51 FRANCISCO TERRRACE PROJECT OPER SUPPLIES Monday, December 3, 2018 Page 20 of 29 VENDOR NAMEDATE CHECK #INVOICE #ACCOUNT #AMOUNT DESCRIPTION Payments issued between and11/19/2018 12/2/2018 -City of South San Francisco PUBLIC WORKS LOWE'S CREDIT SERVICES 11/20/2018 271978902685 E 710-13315-5021 53.68 SEWER MAINT OPER SUPPLIES 11/20/2018 271978902924 E 740-13820-5051 46.48 FRANCISCO TERRACE PROJECT OPER SUPPLIES 11/20/2018 271978902995 E 710-13315-5021 5.07 SEWER MAINT OPER SUPPLIES 11/20/2018 271978911001 E 710-13922-5050 97.86 REPLACEMENT AIR PURIFIER 11/30/2018 27220502340 E 781-13610-5021 79.57 SIGNALS OPER SUPPLIES 11/30/2018 272205916928 E 710-13943-5051 128.74 OPERATING SUPPLIES MCC CONTROLS LLC 11/20/2018 271981CD99318601 E 710-13943-5051 5,366.25 FY 2018-2019 SCADA/ELECTRICAL SERVICES MCMASTER-CARR SUPPLY CO 11/20/2018 27198278734067 E 710-13922-5050 777.37 VINYL LETTERING & SAFETY SIGNS 11/30/2018 27220979113229 E 710-13943-5050 355.98 AIR PURIFING RESPIRATOR RESTOCK 11/30/2018 27220979335800 E 710-13941-5051 56.09 BATTERY SUPPLY RE-STOCK 11/30/2018 27220979485006 E 710-13943-5050 106.92 HOSE NOZZLE & RESPIRATORS 11/30/2018 27220979485006 E 710-13922-5051 367.54 HOSE NOZZLE & RESPIRATORS METRO MOBILE COMMUNICATIONS 11/30/2018 272210054972 E 781-13610-5028 128.24 GARAGE - VEH 505 REPAIRS MEYERS, NAVE, RIBACK 11/20/2018 2719832018090333 E 250-13510-5003 63.80 PROF SRVCS THROUGH 09/30/2018 - SOLID WAS 11/20/2018 2719832018090334 E 710-13910-5003 2,365.00 PROF SRVCS THROUGH 09/30/2018 - SEWER SYS MICHAEL'S 11/28/2018 272148CC382953 E 740-13820-5061 65.25 MG CC - SUPPLIES FOR ADOPT A STORM DRAIN V MILT'S SIGN SERVICE INC 11/30/2018 27221311869 E 100-13410-5025 157.69 NAME PLATE FOR DAVE BOCKHAUS MISSION COMMUNICATIONS 11/20/2018 2719851023644 E 710-13315-5051 93.00 SEWER MAINT OPER SUPPLIES MOSS RUBBER & EQUIPT CORP 11/20/2018 271986CA94-942546 E 781-13610-5021 147.06 GARAGE - VEH 518 OPER SUPPLIES 11/20/2018 271986CA94-942924 E 781-13610-5021 5.13 GARAGE STOCK OPER SUPPLIES 11/20/2018 271986CA94-943003 E 740-13820-5021 190.94 STORM MAINT OPER SUPPLIES 11/28/2018 272112CA94-942728 E 740-13820-5051 240.19 STORM MAINT OPER SUPPLIES 11/28/2018 272112CA94-942758 E 740-13820-5021 481.74 STORM MAINT OPER SUPPLIES 11/30/2018 272214CA94-943101 E 781-13610-5021 114.37 GARAGE OPER SUPPLIES VEH 331 11/30/2018 272214CA94-943153 E 710-13910-5021 202.48 REPLACEMENT RAIN GEAR - PLANT OPERATIONS MUNICIPAL MAINTENANCE EQUIPMEN11/20/2018 2719870132511-IN E 781-13610-5021 35.61 GARAGE STOCK OPER SUPPLIES VEH 320 11/20/2018 2719870132635-IN E 781-13610-5021 1,091.35 GARAGE OPER SUPPLIES MUNIQUIP, LLC 11/20/2018 271988104403 E 710-13943-5051 9,716.72 DIGESTER NO. 4 MIXING PUMP - REBUILD PARTS MY PARKING PERMIT 11/28/2018 272148CC382945 E 720-13720-5025 912.78 MG CC - DECEMBER 2018 MPG & SURFACE LOT P N1 CRITICAL TECHNOLOGIES, INC 11/20/2018 2719896420-3860 E 710-13942-5051 9,995.28 REPLACEMENT UPS PLANT LITHIUM ION BATTERI NATIONAL CINEMEDIA, LLC 11/20/2018 271990INV-163402 E 710-13953-5030 751.40 ON-SCREEN OUTREACH 11/30/2018 272215INV-164879 E 710-13953-5030 4,443.40 SEWER OUTREACH PROGRAM-ON SCREEN OUTR Monday, December 3, 2018 Page 21 of 29 VENDOR NAMEDATE CHECK #INVOICE #ACCOUNT #AMOUNT DESCRIPTION Payments issued between and11/19/2018 12/2/2018 -City of South San Francisco PUBLIC WORKS OFFICE DEPOT INC 11/20/2018 271992216720403001 E 710-13951-5021 71.47 OFFICE SUPPLIES 11/20/2018 271992216720403001 E 710-13910-5021 54.16 OFFICE SUPPLIES 11/20/2018 271992217772702001 E 710-13910-5021 55.99 OFFICE SUPPLIES 11/20/2018 271992217772828001 E 710-13951-5021 30.87 OFFICE SUPPLIES 11/20/2018 271992219548557001 E 710-13953-5021 79.91 OFFICE SUPPLIES 11/20/2018 271992227819974001 E 710-13910-5021 124.61 OFFICE SUPPLIES OLE'S CARBURETOR & ELEC INC 11/20/2018 271993425700 E 781-13610-5021 216.02 GARAGE OPER SUPPLIES VEH 233 & 286 11/30/2018 272216426371 E 781-13610-5021 243.77 GARAGE- BATTERY FOR VEH 5 & 18 O'REILLY AUTO PARTS 11/28/2018 272148CC 383084 E 781-13610-5021 42.57 MM CC - GARAGE STOCK OPER SUPPLIES PARKING COMPANY OF AMERICA 11/20/2018 271996INVM0013040 E 100-13999-5999 41,286.32 SOUTH CITY SHUTTLE 10/1/18 - 10/31/18 PENINSULA BATTERY CO 11/20/2018 271998127130 E 100-13450-5021 1,842.96 SIGNALS MAINTENANCE (SAN BRUNO) 11/20/2018 271998127308 E 781-13610-5021 156.14 GARAGE OPER SUPPLIES VEH 505 PETERSON POWER SYSTEMS INC 11/20/2018 272000PC240033121 E 710-13941-5051 2,269.95 PARTS FOR GENERATOR BLDG 1 11/20/2018 272000PC240033121 E 710-13961-5051 2,269.96 PARTS FOR GENERATOR BLDG 1 11/20/2018 272000PC240033121 E 710-13962-5051 2,269.95 PARTS FOR GENERATOR BLDG 1 11/20/2018 272000SW240153177 E 710-13943-5051 6,176.90 WAUKESHA PERIODIC MAINTENANCE PETERSON TRUCKS, INC. 11/30/2018 272220103487P E 781-13610-5021 615.51 GARAGE OPER SUPPLIES VEH 515 PHILZ COFFEE 11/28/2018 272148CC382952 E 740-13820-5061 115.20 MG CC - COFFEE FOR ADOPT A STORM DRAIN VO PREFERRED ALLIANCE, INC 11/20/2018 2720030142933-IN E 710-13310-5039 65.00 OCTOBER 2018 PRE-EMPLOYMENT & RANDOM D 11/20/2018 2720030142933-IN E 710-13310-5036 129.00 OCTOBER 2018 PRE-EMPLOYMENT & RANDOM D QVC 11/28/2018 272148CC 383017 E 720-13720-5021 -91.45 PD CC - REIMBURSEMENT FOR FRAUDULENT CHA READYREFRESH 11/20/2018 27200618K0028246270 E 710-13910-5021 491.74 DRINKING WATER (10/7-11/6/18) ROLLING PIN DONUTS 11/28/2018 272148CC382973 E 100-13410-5061 35.85 MG CC - DONUTS FOR CITYWIDE CLEANUP EVEN RYAN ESTRADA 11/30/2018 27218911/06/18 E 710-13910-5031 150.00 GRADE III RENEWAL SAFEWAY STORE 11/28/2018 272148CC382950 E 740-13820-5061 112.50 MG CC - ADOPT A STORM DRAIN VOLUNTEER LU 11/28/2018 272148CC382964 E 710-13315-5061 35.53 MG CC - OMP STORMWATER OPEN HOUSE SNAC SAN FRANCISCO HARLEY-DAVIDSON 11/20/2018 272009416624 E 781-13610-5021 192.13 GARAGE OPER SUPPLIES VEH 42 SERRAMONTE FORD INC 11/20/2018 272011635083 E 781-13610-5021 58.21 GARAGE STOCK OPER SUPPLIES 11/20/2018 272011635233 E 781-13610-5021 220.45 GARAGE STOCK & VEH 3 11/20/2018 272011635511 E 781-13610-5021 372.48 GARAGE OPER SUPPLIES VEH 132 11/20/2018 272011635529 E 781-13610-5021 250.40 GARAGE OPER SUPPLIES VEH 15 11/20/2018 272011635640 E 781-13610-5021 292.87 GARAGE OPER SUPPLIES VEH 15 Monday, December 3, 2018 Page 22 of 29 VENDOR NAMEDATE CHECK #INVOICE #ACCOUNT #AMOUNT DESCRIPTION Payments issued between and11/19/2018 12/2/2018 -City of South San Francisco PUBLIC WORKS SERRAMONTE FORD INC 11/20/2018 272011635753 E 781-13610-5021 66.10 GARAGE OPER SUPPLIES VEH 15 11/20/2018 272011636013 E 781-13610-5021 87.27 GARAGE OPER SUPPLIES VEH 6 11/20/2018 272011636044 E 781-13610-5021 124.17 GARAGE STOCK OPER SUPPLIES 11/20/2018 272011636092 E 781-13610-5021 276.93 GARAGE- VEH 120 11/20/2018 272011637172 E 781-13610-5021 752.55 GARAGE STOCK OPER SUPPLIES 11/20/2018 272011637196 E 781-13610-5021 116.43 GARAGE STOCK OPER SUPPLIES 11/20/2018 272011637217 E 781-13610-5021 95.47 GARAGE OPER SUPPLIES VEH 24 11/20/2018 272011637247 E 781-13610-5021 70.49 GARAGE OPER SUPPLIES VEH 15 11/20/2018 272011637249 E 781-13610-5021 62.49 GARAGE STOCK OPER SUPPLIES 11/20/2018 272011637250 E 781-13610-5021 36.19 GARAGE SHOP OPER SUPPLIES VEH 9 11/20/2018 272011637305 E 781-13610-5028 1,022.25 GARAGE SHOP OPER SUPPLIES SHAPE INCORPORATED 11/20/2018 272012124905 E 710-13941-5051 8,313.42 ELECTRICAL SUPPLY RESTOCK 11/20/2018 272012124919 E 710-13941-5051 9,882.50 SUBM PMP WEAR RING RESTOCK SHIVA AUTO REPAIR 11/20/2018 27201339908 E 781-13610-5001 56.75 GARAGE - VEH 215 SMOG INSPECTION 11/20/2018 27201339937 E 781-13610-5001 56.75 GARAGE - VEH 15 SMOG INSPECTION 11/20/2018 27201339988 E 781-13610-5001 56.75 GARAGE - VEH 23 SMOG INSPECTION 11/20/2018 27201340007 E 781-13610-5001 56.75 GARAGE - SMOG CERTIFICATE VEH 226 11/20/2018 27201340008 E 781-13610-5001 56.75 GARAGE- VEH 233 SMOG CERTIFICATE 11/20/2018 27201340009 E 781-13610-5001 56.75 GARAGE - VEH 264 SMOG INSPECTION 11/20/2018 27201340046 E 781-13610-5001 56.75 GARAGE - VEH 521 SMOG INSPECTION 11/20/2018 27201340047 E 781-13610-5001 56.75 GARAGE- VEH 242 SMOG INSPECTION 11/20/2018 27201340057 E 781-13610-5001 56.75 GARAGE- VEH 231 SMOG INSPECTION 11/20/2018 27201340063 E 710-13315-5001 56.75 GARAGE- VEH 123 SMOG INSPECTION 11/20/2018 27201340064 E 781-13610-5001 56.75 GARAGE - SMOG INSPECTION VEH 267 11/20/2018 27201340066 E 781-13610-5001 56.75 GARAGE- VEH 144 SMOG INSPECTION 11/20/2018 27201340067 E 781-13610-5001 56.75 GARAGE - VEH 27 SMOG INSPECTION 11/20/2018 27201340070 E 781-13610-5001 56.75 GARAGE- VEH 230 SMOG INSPECTION 11/20/2018 27201340071 E 781-13610-5001 56.75 GARAGE - SMOG INSPECTION VEH 134 11/20/2018 27201340084 E 781-13610-5001 56.75 GARAGE - SMOG INSPECTION VEH 251 SMART & FINAL STORES LLC 11/28/2018 272148CC382965 E 100-13410-5061 62.25 MG CC - DRINKS FOR CITYWIDE CLEANUP EVENT 11/28/2018 272148CC382966 E 100-13410-5061 3.99 MG CC - COFFEE CREAMER FOR CITYWIDE CLEAN SMARTSIGN 11/28/2018 272131MPP-125351 E 720-13720-5025 3,855.17 2019 SURFACE LOT MONTHLY PERMITS Monday, December 3, 2018 Page 23 of 29 VENDOR NAMEDATE CHECK #INVOICE #ACCOUNT #AMOUNT DESCRIPTION Payments issued between and11/19/2018 12/2/2018 -City of South San Francisco PUBLIC WORKS SMARTSIGN 11/28/2018 272131MPP-125374 E 720-13720-5025 3,405.16 2019 MPG MONTHLY PERMITS SOLUTIONS, INC. HELIO ENERGY MANAGEME11/20/2018 271963529 E 710-13910-5002 15,600.00 ANNUAL LICENSE CLOUD BASED FLOW ANALYTIC SOUTH CITY CAR WASH INC 11/20/2018 2720153188 E 781-13610-5001 1,342.20 CAR WASH FOR CITY VEHICLES (OCTOBER) SOUTH CITY LUMBER AND SUPPLY 11/20/2018 272016938411 E 100-13430-5021 13.38 PAINTS & SIGNS OPER SUPPLIES 11/20/2018 272016942956 E 100-13430-5021 63.24 PAINTS & SIGNS OPER SUPPLIES 11/20/2018 272016943326 E 100-13430-5021 93.28 PAINTS & SIGNS OPER SUPPLIES 11/20/2018 272016943716 E 781-13610-5021 17.04 GARAGE OPER SUPPLIES 11/20/2018 272016943935 E 781-13610-5021 36.90 GARAGE OPER SUPPLIES 11/20/2018 272016943987 E 781-13610-5021 11.73 GARAGE OPER SUPPLIES 11/20/2018 272016944197 E 100-13430-5021 16.26 PAINTS & SIGNS OPER SUPPLIES 11/20/2018 272016958826 E 781-13610-5021 4.15 GARAGE OPER SUPPLIES 11/20/2018 272016958877 E 781-13610-5021 2.51 GARAGE SHOP OPER SUPPLIES 11/20/2018 272016960231 E 710-13941-5021 39.19 WIRE FOR WQCP CONFERENCE ROOM 11/20/2018 272016960243 E 781-13610-5021 23.49 GARAGE OPER SUPPLIES 11/20/2018 272016K60791 E 710-13932-5050 17.92 ELECTRICAL SUPPLIES 11/20/2018 272016K61646 E 720-13720-5021 42.94 PARKING DISTRICT OPER SUPPLIES 11/28/2018 272133962249 E 100-13450-5021 28.63 SIGNALS OPER SUPPLIES 11/28/2018 272133K60768 E 710-13315-5021 29.76 SEWER MAINT OPER SUPPLIES SPECIALTY'S CAFE & BAKERY 11/28/2018 272148CC382971 E 710-13310-5061 159.08 MG CC - LUNCH ORDER FOR QUARTERLY MRP M SSF SCAVENGER CO INC 11/20/2018 2720200000758083 E 710-13962-5072 19,781.32 DEBRIS BOX SVC FOR SWEEPER/VACTOR DUMPSI STAPLES BUSINESS ADVANTAGE 11/28/2018 2721378052052981/3395556E 710-13910-5021 21.83 OFFICE SUPPLIES 11/28/2018 2721378052052981/3955560E 710-13910-5021 -109.69 OFFICE SUPPLIES 11/28/2018 2721378052052981/3955560E 710-13910-5021 -98.12 OFFICE SUPPLIES 11/28/2018 2721378052052981/3955560E 710-13910-5021 55.55 GROUNDBREAKING CEREMONY SUPPLIES - TISSU 11/28/2018 2721378052052981/3955560E 710-13910-5021 42.05 GROUNDBREAKING CEREMONY SUPPLIES - TISSU 11/28/2018 2721378052052981/3955560E 710-13910-5021 -21.83 OFFICE SUPPLIES 11/28/2018 2721378052052981/3955560E 710-13910-5021 -8.65 OFFICE SUPPLIES 11/28/2018 2721378052052981/3955560E 710-13910-5021 8.65 OFFICE SUPPLIES 11/28/2018 2721378052052981/3955560E 710-13910-5021 -42.05 OFFICE SUPPLIES 11/28/2018 2721378052052981/3955560E 710-13910-5021 -8.65 OFFICE SUPPLIES 11/28/2018 2721378052052981/3955560E 710-13910-5021 -55.55 OFFICE SUPPLIES 11/28/2018 2721378052052981/3955560E 710-13953-5021 67.42 OFFICE SUPPLIES Monday, December 3, 2018 Page 24 of 29 VENDOR NAMEDATE CHECK #INVOICE #ACCOUNT #AMOUNT DESCRIPTION Payments issued between and11/19/2018 12/2/2018 -City of South San Francisco PUBLIC WORKS STAPLES BUSINESS ADVANTAGE 11/28/2018 2721378052052981/3955560E 710-13910-5021 53.91 GROUNDBREAKING CEREMONY SUPPLIES - TISSU 11/28/2018 2721378052052981/3955560E 710-13910-5021 31.13 GROUNDBREAKING CEREMONY SUPPLIES - TISSU 11/28/2018 2721378052052981/3955560E 710-13953-5021 -52.18 OFFICE SUPPLIES 11/28/2018 2721378052052981/3955560E 710-13953-5021 52.18 OFFICE SUPPLIES 11/28/2018 2721378052052981/3955560E 710-13910-5021 -31.13 OFFICE SUPPLIES 11/28/2018 2721378052052981/3955560E 710-13910-5021 -53.91 OFFICE SUPPLIES 11/28/2018 2721378052052981/3955560E 710-13941-5051 382.36 FILE CABINET REPLACEMENT 11/28/2018 2721378052052981/3955560E 710-13910-5021 214.51 OFFICE SUPPLIES 11/28/2018 2721378052052981/3955560E 710-13951-5021 128.62 OFFICE SUPPLIES 11/28/2018 2721378052052981/3955561E 710-13910-5021 95.01 OFFICE SUPPLIES 11/28/2018 2721378052052981/3955561E 710-13910-5021 32.20 OFFICE SUPPLIES 11/28/2018 2721378052052981/3955561E 710-13951-5021 25.12 OFFICE SUPPLIES 11/28/2018 2721378052052981/3955561E 710-13910-5021 30.03 OPERATING SUPPLIES 11/28/2018 2721378052052981/3955561E 710-13941-5021 213.80 OFFICE SUPPLIES 11/28/2018 2721378052052981/3955561E 710-13910-5021 360.36 OFFICE SUPPLIES STAPLES CREDIT PLAN 11/28/2018 272148CC382954 E 740-13820-5020 22.36 MG CC - CORP YARD FRONT OFICCE SUPPLIES STARBUCKS 11/28/2018 272148CC382969 E 100-13410-5061 84.75 MG CC - COFFEE FOR CITYWIDE CLEANUP EVENT STATE OF CALIFORNIA 11/28/2018 272138335401 E 710-13310-5037 96.00 OCTOBER 2018 LIVESCAN SUBMISSIONS STEWART CHEVROLET 11/20/2018 272023115997 E 781-13610-5021 268.45 GARAGE OPER SUPPLIES VEH 32 THATCHER COMPANY OF CALIFORNIA11/20/2018 272026258521 E 710-13941-5021 5,869.76 FY 2018-2019 FERRIC CHLORIDE THE LIGHTHOUSE, INC 11/20/2018 2720270707114 E 781-13610-5021 71.83 GARAGE OPER SUPPLIES 11/20/2018 2720270707115 E 781-13610-5021 396.85 GARAGE OPER SUPPLIES VEH 0859 TRACTION-GENUINE PARTS CO. 11/20/2018 2720281801P109324 E 781-13610-5021 27.97 GARAGE STOCK OPER SUPPLIES 11/20/2018 2720281801P109377 E 781-13610-5021 9.55 GARAGE OPER SUPPLIES- VEH AIR FILTER 11/20/2018 2720281801P110351 E 781-13610-5021 38.50 GARAGE STOCK OPER SUPPLIES 11/20/2018 2720281801P110645 E 781-13610-5021 377.38 GARAGE STOCK OPER SUPPLIES 11/20/2018 2720281801P110652 E 781-13610-5021 8.29 GARAGE STOCK OPER SUPPLIES 11/20/2018 2720281801P110753 E 781-13610-5021 362.23 GARAGE STOCK OPER SUPPLIES VEH 516 11/20/2018 2720281801P111191 E 781-13610-5021 172.99 GARAGE STOCK OPER SUPPLIES VEH 508 11/20/2018 2720281801P111203 E 781-13610-5021 7.32 GARAGE STOCK OPER SUPPLIES TURF STAR INC 11/20/2018 2720297038992-00 E 781-13610-5021 172.74 GARAGE OPER SUPPLIES VEH 614 UNITED ROTARY BRUSH CORP 11/20/2018 272031CI226461 E 781-13610-5021 5,543.35 GARAGE STOCK OPER SUPPLIES Monday, December 3, 2018 Page 25 of 29 VENDOR NAMEDATE CHECK #INVOICE #ACCOUNT #AMOUNT DESCRIPTION Payments issued between and11/19/2018 12/2/2018 -City of South San Francisco PUBLIC WORKS UNITED SITE SERVICES OF CA 11/30/2018 272229114-7646060 E 710-13922-5051 208.85 RESTROOM FACILITIES SVCS (11/13-12/10/2018) UNIVAR USA INC 11/20/2018 272033SJ909756 E 710-13944-5021 3,314.62 FY 2018-2019 SODIUM HYPOCHLORITE 11/20/2018 272033SJ910218 E 710-13944-5021 3,489.07 FY 2018-2019 SODIUM HYPOCHLORITE 11/20/2018 272033SJ910405 E 710-13964-5021 5,494.10 FY 2018-2019 SODIUM BISULFITE 11/20/2018 272033SJ910410 E 710-13964-5021 5,446.36 FY 2018-2019 SODIUM BISULFITE 11/20/2018 272033SJ910791 E 710-13944-5021 3,418.80 FY 2018-2019 SODIUM HYPOCHLORITE 11/20/2018 272033SJ911635 E 710-13964-5021 5,453.18 FY 2018-2019 SODIUM BISULFITE 11/20/2018 272033SJ912189 E 710-13944-5021 3,242.65 FY 2018-2019 SODIUM HYPOCHLORITE 11/20/2018 272033SJ912197 E 710-13944-5021 3,423.58 FY 2018-2019 SODIUM HYPOCHLORITE 11/28/2018 272150SJ913030 E 710-13944-5021 3,420.38 FY 2018-2019 SODIUM HYPOCHLORITE 11/30/2018 272230SJ913198 E 710-13964-5021 5,544.10 FY 2018-2019 SODIUM BISULFITE 11/30/2018 272230SJ913810 E 710-13944-5021 3,420.09 FY 2018-2019 SODIUM HYPOCHLORITE 11/30/2018 272230SJ914438 E 710-13944-5021 3,349.68 FY 2018-2019 SODIUM HYPOCHLORITE VALLEY POWER SYSTEMS INC 11/20/2018 272035K 65580 E 781-13610-5021 65.97 GARAGE OPER SUPPLIES VEH 316 VWR INTERNATIONAL LLC 11/20/2018 2720368084318874 E 710-13951-5021 234.45 LAB SUPPLIES 11/30/2018 2722328084384943 E 710-13951-5021 124.93 LAB SUPPLIES 11/30/2018 2722328084390926 E 710-13951-5021 24.89 LAB SUPPLIES 11/30/2018 2722328084408724 E 710-13951-5021 483.86 LAB SUPPLIES W.W. GRAINGER INC. 11/20/2018 2720379001360701 E 100-13460-5021 108.81 STREETLIGHTING OPER SUPPLIES 11/20/2018 2720379942934093 E 100-13430-5021 33.65 PAINTS & SIGNS OPER SUPPLIES 11/20/2018 2720379942934101 E 100-13430-5021 183.99 PAINTS & SIGNS OPER SUPPLIES 11/20/2018 2720379948333795 E 100-13460-5021 2,133.11 STREETLIGHTING OPER SUPPLIES 11/20/2018 2720379958509276 E 710-13942-5051 553.52 MAINTENANCE TOOLS - REPLACEMENT PULL TAP 11/28/2018 2721539960269364 E 710-13943-5051 676.79 ELECTRICAL SUPPLIES - BULK ELECTICAL CORD RE 11/28/2018 2721539960457886 E 710-13941-5050 32.83 MAINTENANCE SUPPLIES 11/30/2018 2722339000064213 E 710-13931-5050 32.83 FIRE EXTINGUISHER SIGNS 11/30/2018 2722339000739681 E 710-13922-5051 13.13 MAINTENANCE SUPPLIES 11/30/2018 2722339003565208 E 710-13941-5021 31.63 OPERATING SUPPLIES 11/30/2018 2722339003565216 E 710-13941-5021 36.75 OPERATING SUPPLIES 11/30/2018 2722339003845360 E 710-13941-5051 444.81 OPERATING SUPPLIES 11/30/2018 2722339003845378 E 710-13910-5061 105.45 OPERATING SUPPLIES- SAFETY SUPPPLIES WATTCO 11/30/2018 27223551790 E 781-13610-5021 330.00 GARAGE OPER SUPPLIES Monday, December 3, 2018 Page 26 of 29 VENDOR NAMEDATE CHECK #INVOICE #ACCOUNT #AMOUNT DESCRIPTION Payments issued between and11/19/2018 12/2/2018 -City of South San Francisco PUBLIC WORKS WEST COAST CODE CONSULTANTS 11/30/2018 272236218-010-414-01 E 710-13953-5004 3,355.00 NEW DEVELOPMENT ENGINEERING PLAN REVIE WINGFOOT COMMERCIAL TIRE SYSTM11/20/2018 272039184-1084893 E 781-13610-5001 366.27 GARAGE- VEH 510 ROAD SERVICE & TIRES 11/20/2018 272039184-1084893 E 781-13610-5021 2,573.52 GARAGE- VEH 510 ROAD SERVICE & TIRES 11/20/2018 272039184-1084908 E 781-13610-5021 510.36 GARAGE- VEH 327 TIRES 11/20/2018 272039184-1084927 E 781-13610-5021 2,637.08 VEH 509 ROAD SERVICE & TIRES 11/20/2018 272039184-1084927 E 781-13610-5001 366.27 VEH 509 ROAD SERVICE & TIRES 11/20/2018 272039184-1085134 E 781-13610-5021 510.36 GARAGE OPER SUPPLIES VEH 212 WINZER CORPORATION 11/20/2018 2720406232360 E 781-13610-5021 446.62 GARAGE SHOP OPER SUPPLIES WORK AREA PROTECTION 11/28/2018 272148CC383022 E 781-13610-5021 300.34 MM CC- GARAGE OPER SUPPLIES VEH 770 WORLD OIL ENVIRONMENTAL SVCS 11/20/2018 272041I500-00379794 E 781-13610-5028 35.00 HAZ MAT WASTE DISPOSAL ZAP MANUFACTURING INC 11/20/2018 2720421905 E 100-13430-5021 316.52 PAINTS & SIGNS OPER SUPPLIES Payments issued for PUBLIC WORKS $481,250.08 BALANCE SHEET ALLISON KNAPP WOLLAM 11/30/2018 2722021-2018 B 100-21742 2,062.50 52 FRANKLIN CONSULTING SVCS 8/28 - 9/26/201 11/30/2018 2722022-2018 (52) B 100-21742 907.50 52 FRANKLIN CONSULTING SVCS 9/27 - 10/24/20 BAY AREA REROOFING INC 11/30/2018 272175B18-1470 B 270-21724 200.00 C & D DEPOSIT REFUND 222 CAMARITAS CABLECOM LLC 11/20/2018 271933E17-0552 B 270-21703 500.00 ENCROACH DEPOSIT REFUND - 582 ECCLES AVE CITY OF BURLINGAME 11/20/2018 2719413RD/4TH QTR 2018 B 280-21204 7,646.40 BID ASSESSMENTS PASS THROUGH JONES COVEY GROUP, INC. 11/20/2018 271967E18-0941 B 270-21703 2,000.00 ENCROACH REFUND - 479 S.AIRPORT BLVD MCCURDY ROOFING 11/30/2018 272208B18-1369 B 270-21724 200.00 C & D DEPOSIT REFUND 536 EUCALYPTUS 11/30/2018 272208B18-1444 B 270-21724 200.00 C & D DEPOSIT REFUND 514 COMMERCIAL MEYERS, NAVE, RIBACK 11/20/2018 2719832018090354 B 100-21742 73.50 PROF SERV THRU 9/30/18 - 405.1305 - AT&T SM 11/30/2018 2722112018090337 B 100-21742 1,244.10 PROF SERV THRU 9/30/18 - 405.1250 - 52 FRANK 11/30/2018 2722112018090347 B 100-21742 3,369.20 PROF SERV THRU 9/30/18 - 405.1285 CADENCE P 11/30/2018 2722112018090348 B 100-21742 3,359.90 PROF SERV THRU 9/30/18 - 405.1286 HASKINS W 11/30/2018 2722112018090350 B 100-21742 2,296.80 PROF SERV THRU 9/30/18 - 405.1293 - 410 NOO 11/30/2018 2722112018090351 B 100-21742 3,328.00 PROF SERV THRU 9/30/18 - 405.1294 - 490 SOUT 11/30/2018 2722112018090355 B 100-21742 1,313.00 PROF SERV THRU 9/30/18 - 405.1306 - 40 AIRPO 11/30/2018 2722112018090356 B 100-21742 1,076.60 PROF SERV THRU 9/30/18 - 405.1309 - VERIZON STATE OF CALIFORNIA 11/28/2018 272138335401 B 100-21205 124.00 OCTOBER 2018 LIVESCAN SUBMISSIONS Payments issued for BALANCE SHEET $29,901.50 Monday, December 3, 2018 Page 27 of 29 VENDOR NAMEDATE CHECK #INVOICE #ACCOUNT #AMOUNT DESCRIPTION Payments issued between and11/19/2018 12/2/2018 -City of South San Francisco CAPITAL IMPROVEMENTS CALLANDER ASSOC LANDSCAPE 11/28/2018 27206117007-17 E 510-99999-5999 612.79 ON CALL LANDSCAPE ARCHITECTURAL SERVICES CSG CONSULTANTS INC 11/28/2018 27207120905 E 740-99999-5999 645.00 ON CALL PROGRAM MANAGEMENT FY 17-18 DAVEY RESOURCE GROUP INC 11/28/2018 27207575802 E 510-99999-5999 6,010.00 SOUTH SAN FRANCISCO URBAN FOREST MASTER HM CONSTRUCTION INC 11/20/2018 271964PROGRESS PYMT 5 E 510-99999-5999 32,555.31 SERVICES FOR MAGNOLIA SENIOR CENTER-SIEBE 11/20/2018 271964PROGRESS PYMT6 E 510-99999-5999 15,000.00 SERVICES FOR MAGNOLIA SR. CENTER-SIEBECKER KENNEDY/JENKS CONSULTANTS, INC11/28/2018 272098125727 E 710-99999-5999 45,787.08 CM & Inspection Services: WQCP Wet MARK THOMAS & CO. INC. 11/30/2018 27220631368 E 510-99999-5999 79,020.03 SO. AIRPORT BLVD. BRIDGE @ NO. ACCESS RD 11/30/2018 27220631613 E 510-99999-5999 26,473.75 SO. AIRPORT BLVD. BRIDGE @ NO. ACCESS RD 11/30/2018 27220631803 E 510-99999-5999 27,663.50 SO. AIRPORT BLVD. BRIDGE @ NO. ACCESS RD MEYERS, NAVE, RIBACK 11/28/2018 2721092018080280 E 514-99999-5999 3,800.80 OP PHASE IC-405.1259- KILROY PHASE INFRASTR SWINERTON MGMT & CONSULTING 11/28/2018 27213918100045-02 E 740-99999-5999 15,228.00 ON CALL MULTI-DISCIPLINARY ENGINEERING SER 11/28/2018 27213918100046-02 E 510-99999-5999 3,627.00 ON CALL MULTI-DISCIPLINARY ENGINEERING SER 11/30/2018 27222516100059-I-27 E 514-99999-5999 35,407.00 OYSTER PT PHASE IC- SWINERTON, PM CONSULTI 11/30/2018 27222616100059-I-26 E 514-99999-5999 30,799.38 OYSTER PT PHASE IC- SWINERTON, PM CONSULTI TRC ENGINEERS INC 11/28/2018 27214422074 E 510-99999-5999 27,628.02 CM SERVICES FOR EL CAMINO REAL GBI - PHASE I WEST COAST CODE CONSULTANTS 11/28/2018 272154I-417-218-05-01 E 510-99999-5999 3,500.00 ON-CALL CONSULTING SERVICES FOR MULTI-DIS 11/28/2018 272154I-417-218-06-02 E 510-99999-5999 9,450.00 2018-E6: City Hall Roof Replacement 11/28/2018 272154I-417-218-07-02 E 510-99999-5999 1,020.00 2018-E6: City Hall Roof Replacement 11/28/2018 272154I-417-218-08-01 E 510-99999-5999 1,950.00 2018-E6: City Hall Roof Replacement 11/28/2018 272154I-417-218-09-02 E 510-99999-5999 12,720.00 2018-E6: City Hall Roof Replacement WOODARD & CURRAN INC 11/28/2018 27215926630 E 710-99999-5999 37,520.08 2017-1 SODIUM HYPOCHLORITE FACILITY REHABI Payments issued for CAPITAL IMPROVEMENTS $416,417.74 DESIGNATED FUND BALANCE DOLORES CURMI 11/20/2018 27194611962877 B 280-27405 20.00 REFUND - FUN RUN 2018 CANCELLED GOURMET COFFEE SOLUTIONS INC. 11/28/2018 27208811091809 B 280-27408 162.87 SUPPLIES FOR PUBLIC COFFEE MACHINE JASON YOO 11/28/2018 27216018-088 TO 18-091 B 280-27404 1,400.00 TREE PERMIT DEPOSIT REFUND - 121 ARROYO DR KELLI JO CULLINAN 11/20/2018 2719454/26-10/18/18 B 280-27402 414.24 EMPLOYEE REIMB FOR K. CULLINAN 11/28/2018 27207211/28/18 ADVANCE B 280-27402 500.00 CASH ADVANCE FOR SENIOR SVCS AND SUPPLIES MEI CHI WONG 11/28/2018 27215812025502 B 280-27405 40.00 REFUND FOR CANCELLED THANKSGIVING FUN R MONIKA KANSAL 11/30/2018 27220012039858 B 280-27405 40.00 REFUND FOR TWO PEOPLE FOR THANKSGIVING F RICK KELL 11/28/2018 27209611997916 B 280-27405 20.00 REFUND - FUN RUN 2018 CANCELLED Monday, December 3, 2018 Page 28 of 29 VENDOR NAMEDATE CHECK #INVOICE #ACCOUNT #AMOUNT DESCRIPTION Payments issued between and11/19/2018 12/2/2018 -City of South San Francisco DESIGNATED FUND BALANCE SSF CONFERENCE CENTER 11/30/2018 27222317-12033 B 280-27409 10,756.25 BUILDING RENTAL - TRIVIA CHALLENGE 11/16/20 SUEH-MIN LIEW 11/28/2018 27210211998167 B 280-27405 20.00 REFUND - FUN RUN 2018 CANCELLED TAYLOR CARELLI 11/20/2018 27193717-5764 B 280-27453 7,120.00 CASE CLOSED; EVIDENCE MONEY RETURNED Y.C. LIEW 11/20/2018 27197711963041 B 280-27405 20.00 REFUND - FUN RUN 2018 CANCELLED Payments issued for DESIGNATED FUND BALANCE $20,513.36 REFUNDS/REIMBURSEMENTS ANTONIA MARTINEZ 11/28/2018 2721051060029 R 100-17250-35301 200.00 REFUND OF DEPOSIT FOR THE USE OF ORANGE P BRINK'S, INCORPORATED 11/20/2018 27192910613488 R 110-00000-36010 1,556.40 NOV 2018 ARMORED CAR SVCS 11/20/2018 2719292455552 R 110-00000-36010 1,274.15 OCT 2018 ARMORED CAR SVCS - EXCESS LIABILIT NORA NONATO 11/20/2018 2719911059984 R 100-17250-35301 350.00 DAMAGE DEPOSIT HALL RENTAL RETURNED IN F SAN MATEO COUNTY CONTROLLER'S 11/28/2018 272127OCT 2018 R 100-12720-33001 23,264.20 ALLOCATION OF PARKING PENALTIES - OCT SARAH GAY 11/28/2018 27208720707 R 100-17250-35301 99.00 PICNIC RESERVATION CANCELLED DUE TO POOR Payments issued for REFUNDS/REIMBURSEMENTS $26,743.75 TOTAL PAYMENTS FOR PERIOD $2,205,624.15 Monday, December 3, 2018 Page 29 of 29 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:18-1056 Agenda Date:12/12/2018 Version:1 Item #:12. Report regarding a resolution authorizing the acceptance of $8,800 in grant funding from the United Way of the Bay Area to support the Volunteer Income Tax Assistance Program at Project Read and approving Budget Amendment 19.031. (Valerie Sommer, Library Director) RECOMMENDATION It is recommended that the City Council adopt a resolution authorizing the acceptance of $8,800 in grant funding from United Way of the Bay Area (UWBA) to support the Volunteer Income Tax Assistance (VITA) Program at Project Read and approving Budget Amendment 19.031. BACKGROUND/DISCUSSION Project Read has been awarded $8,800 from UWBA to support an IRS VITA site in preparing 2018 tax returns. Funds will be used to assist low income tax payers in South San Francisco and surrounding cities to file their income tax returns free of charge. Services will be available in English, Mandarin, and Spanish. Last year Project Read provided VITA assistance to 321 households who realized $360,190 in refunds. FISCAL IMPACT Grant funds will be used to amend the Library Department’s current FY 2018-19 Operating Budget per Budget Amendment 19.031. Receipt of these funds does not commit the City to ongoing funding. CONCLUSION Receipt of these funds will enable the Library to provide VITA through Project Read.It is recommended that the City Council accept $8,800 in grant funding and approving Budget Amendment 19.031. City of South San Francisco Printed on 12/6/2018Page 1 of 1 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:18-1057 Agenda Date:12/12/2018 Version:1 Item #:12a. Resolution authorizing the acceptance of $8,800 in grant funding from the United Way of the Bay Area to support the Volunteer Income Tax Assistance Program at Project Read and approving Budget Amendment 19.031. WHEREAS, the City of South San Francisco (“City”) Library Department established Project Read to assist adults and their families in reaching educational goals; and WHEREAS, in November 2018 the United Way of the Bay Area (UWBA) awarded a grant to the City to fund Volunteer Income Tax Assistance (VITA) programming at Project Read; and WHEREAS, VITA programming will assist over 300 low-income community members in completing their tax returns; and WHEREAS, grant funds will be used to amend the Fiscal Year 2018-19 operating budget of the Library Department. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby accepts $8,800 in grant funding from the United Way of the Bay Area to fund VITA programming at Project Read, and approves Budget Amendment 19.031. ***** City of South San Francisco Printed on 1/17/2019Page 1 of 1 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:18-1054 Agenda Date:12/12/2018 Version:1 Item #:13. Report regarding an ordinance amending South San Francisco Municipal Code Chapter 8.50 to prohibit retaliation against individuals who report violations of the City’s smoking ordinance.(Fire Chief,Jess Magallanes) RECOMMENDATION Staff recommends that the City Council waive reading and adopt an Ordinance amending South San Francisco Municipal Code Chapter 8.50 to prohibit retaliation against individuals who report violations of the City’s smoking ordinance. BACKGROUND/DISCUSSION City Council waived reading and introduced the following ordinance on November 28,2018.The ordinance is ready for adoption. Ordinance amending South San Francisco Municipal Code Chapter 8.50 to prohibit retaliations against individuals who report violations of the City’s smoking ordinance. (Vote 5-0) CONCLUSION It is recommended that the City Council waive reading and adopt an Ordinance amending South San Francisco Municipal Code Chapter 8.50 to prohibit retaliations against individuals who report violations of the City’s smoking ordinance. City of South San Francisco Printed on 12/6/2018Page 1 of 1 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:18-1055 Agenda Date:12/12/2018 Version:1 Item #:13a. An ordinance amending South San Francisco Municipal Code Chapter 8.50 to prohibit retaliation against individuals who report violations of the City’s smoking ordinance. WHEREAS,the City of South San Francisco (“City”)received a report from the 2017-2018 Grand Jury dated July 26, 2018 entitled “Smoke-Free Multiunit Housing: No Ifs, Ands, Or Butts” (“Grand Jury Report); and WHEREAS,Grand Jury Report recommendation R2 states that by no later than December 31,2018,the City should amend its smoking ordinance to prohibit retaliation against individuals who report violations of the City’s smoking ordinance; and WHEREAS,the City adopted its smoking ordinance in 1987 and it is codified in South San Francisco Municipal Code Chapter 8.50 “Regulation of Smoking”; and WHEREAS, Chapter 8.50 was last revised in 2016 to restrict the use of electronic smoking devices; and WHEREAS,Section 8.50.030 prohibits smoking within multi-unit residences,which is any property with two or more units and has at least one or more shared walls,floors,or ceilings,or has a shared ventilation system; and WHEREAS,Section 8.50.080 authorizes any owner,manager,operator,employer or employee of any establishment regulated by the City’s smoking ordinance to inform persons who violate Chapter 8.50 that such violation is a public nuisance and may be subject to an enforcement action by the City as authorized by state law; and WHEREAS,the City desires to implement the recommendation from the Grand Jury Report and revise Section 8.50.080 to prohibit retaliation against individuals who report violations of the City’s smoking ordinance NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1.Incorporation of Recitals. The City Council of South San Francisco finds that all Recitals are true and correct and are incorporated herein by reference. SECTION 2.Amendments Chapter 8.50 of the South San Francisco Municipal Code is hereby amended to read as follows: City of South San Francisco Printed on 1/17/2019Page 1 of 3 powered by Legistar™ File #:18-1055 Agenda Date:12/12/2018 Version:1 Item #:13a. Section 8.50.080 Violations (a)Any owner,manager,operator,employer or employee of any establishment regulated by this chapter shall have the right to inform persons violating this chapter of the appropriate provisions thereof. (b)Any violation of this chapter shall be and is hereby declared to be a public nuisance,and may be abated as such through appropriate civil proceedings brought by the City. (c)Any person violating any of the provisions of this chapter not superseded by state or federal law shall be guilty of an infraction.Upon conviction of an infraction,a person shall be subject to payment of a fine, not to exceed the limits set forth in California Government Code Section 36900. (d)Any violation of this chapter that is also a violation of state law may be subject to an enforcement action by the City as authorized by state law. (e)No person shall intimidate,harass,or otherwise retaliate against any person who seeks to attain compliance with this chapter.Moreover,no person shall intentionally or recklessly expose another person to secondhand smoke in response to that person’s effort to achieve compliance with this chapter. Violation of this subsection shall constitute a misdemeanor. SECTION 3.Severability If any provision of this ordinance or the application thereof to any person or circumstance is held invalid,the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby. SECTION 4.Compliance with the California Environmental Quality Act The approval of this ordinance is exempt from the California Environmental Quality Act (Public Resources Code §§21000 et seq.,“CEQA,”and 14 Cal.Code Reg.§§15000 et seq.,“CEQA Guidelines”).This action is not a project within the meaning of the California Environmental Quality Act (CEQA)Guidelines Section 15378 and 15061(b)(3)as it will not result in any direct or indirect physical change in the environment. Therefore, pursuant to CEQA Guidelines section 15060, CEQA analysis is not required. SECTION 5.Effective Date of Ordinance and Publication This Ordinance shall be in full force and effect thirty (30)days after its final passage.A summary of this Ordinance shall be published within fifteen (15)days after the adoption,together with the names of those City Councilmembers voting for or against it,in the South San Francisco Examiner,a newspaper of general circulation in the City of South San Francisco, in accordance with Government Code Section 36933. ***** Introduced at a regular meeting of the City Council of the City of South San Francisco held the 28th day of City of South San Francisco Printed on 1/17/2019Page 2 of 3 powered by Legistar™ File #:18-1055 Agenda Date:12/12/2018 Version:1 Item #:13a. November 2018. City of South San Francisco Printed on 1/17/2019Page 3 of 3 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:18-1028 Agenda Date:12/12/2018 Version:1 Item #:14. Report regarding an Ordinance adopting a Development Agreement Amendment with Miller Cypress SSF,LLC for the development of a seven-to eight-story multi-family residential project with 195 units at 405 Cypress Avenue, 204, 208, 212/214, and 216 Miller Avenue (“Cadence Phase 2”)(Adena Friedman, Senior Planner) RECOMMENDATION Staff recommends that the City Council adopt an Ordinance approving the Development Agreement Amendment for the Cadence Phase 2 project, and waive further reading. BACKGROUND/DISCUSSION The City Council previously waived reading and introduced the following ordinance.The ordinance is ready for adoption. Ordinance adopting a Development Agreement Amendment with Miller Cypress SSF,LLC for the development of a seven-to eight-story multi-family residential project with 195 units at 405 Cypress Avenue, 204, 208, 212/214, and 216 Miller Avenue (“Cadence Phase 2”). (Introduced on 11/28/18; Vote 4-1) ASSOCIATIONS 1.Final Ordinance (18-1029) A.Exhibit A- Development Agreement Amendment City of South San Francisco Printed on 12/6/2018Page 1 of 1 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:18-1029 Agenda Date:12/12/2018 Version:1 Item #:14a. Ordinance adopting a Development Agreement Amendment with Miller Cypress SSF,LLC for the development of a seven-to eight-story multi-family residential project with 195 units at 405 Cypress Avenue,204,208, 212/214, and 216 Miller Avenue (“Cadence Phase 2”). WHEREAS,Miller Cypress SSF,LLC (“Developer”)has proposed construction of a high-density residential development,consisting of 195 residential units,225 parking spaces,and residential amenities (“Project”,or “Cadence Phase 2”)at 405 Cypress Avenue,204,208,212/214,and 216 Miller Avenue,APNs 012-314-220, 012-314-190,012-314-180,012-314-110,and 011-014-100 (collectively referred to as “Project Site”)in the City; and WHEREAS,the City and the Developer entered into a Development Agreement (DA15-0003)for Phase 1 of the Project (“Cadence Phase 1”)for the construction of a high-density residential development consisting of 260 residential apartments and twelve for-sale residential townhomes and 342 total vehicle parking spaces over 309 Airport Blvd.,315 Airport Blvd.,401-421 Airport Blvd.,405 Cypress Ave.,and 216 Miller Ave. (collectively “Phase 1 Project Site”) in the City; and, WHEREAS,the City and the Developer now wish to amend the Development Agreement to incorporate Cadence Phase 2; and, WHEREAS,Developer seeks approval of a Conditional Use Permit and Design Review for the Project (“Land Use Entitlements ”) through a separate resolution; and, WHEREAS,approval of the Developer’s proposal is considered a “project”for purposes of the California Environmental Quality Act, Pub. Resources Code § 21000, et seq. (“CEQA”); and, WHEREAS,on January 28,2015,the City Council certified an Environmental Impact Report (“EIR”)(State Clearinghouse number 2013102001)in accordance with the provisions of the California Environmental Quality Act (Public Resources Code,§§21000,et seq.,“CEQA”)and CEQA Guidelines,which analyzed the potential environmental impacts of the development of the Downtown Station Area Specific Plan; and, WHEREAS,on January 28,2015,the City Council also adopted a Statement of Overriding Considerations in accordance with the provisions of CEQA and CEQA Guidelines,which carefully considered each significant and unavoidable impact identified in the EIR and found that the significant environmental impacts are City of South San Francisco Printed on 1/17/2019Page 1 of 5 powered by Legistar™ File #:18-1029 Agenda Date:12/12/2018 Version:1 Item #:14a. acceptable in light of the project’s economic, legal, social, technological and other benefits; and, WHEREAS,the Project is exempt from CEQA pursuant to CEQA Guidelines Section 15332 as it is a qualified in-fill development project; and WHEREAS,the Project is also exempt from CEQA pursuant to CEQA Guidelines Section 15183,as it is consistent with the General Plan and the DSASP and would have no environmental impacts that would be peculiar to the Project; and WHEREAS,the Project is also exempt from CEQA pursuant to Public Resources Code Section per Public Resources Code Section 21155.4 as the Project is a multi-family residential development that meets three specific criteria and has no new or more significant impacts than disclosed in the EIR,and is statutorily exempt from CEQA review; and WHEREAS,an Environmental Consistency Analysis for the Project was prepared pursuant to CEQA Guidelines Section 15183 and an Environmental Checklist was prepared pursuant to CEQA Guidelines Section 15168(c)(4)that concluded that even if the Project was not exempt from CEQA pursuant to the above-listed exemptions,in accordance with the requirements of CEQA Guidelines Section 15168,the Project is within the scope of the DSASP and 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 DSASP EIR certified by City Council nor would new mitigation be required; and WHEREAS,on September 6,2018 the Planning Commission for the City of South San Francisco held a lawfully noticed public hearing to solicit public comment and consider the proposed Development Agreement Amendment,took public testimony,and made a recommendation that the City Council adopt the Amendment; and, WHEREAS,the City Council held a duly noticed public hearing on November 28,2018,to consider the Project entitlements and Development Agreement, and take public testimony. NOW, THEREFORE, the City Council of the City of South San Francisco does hereby ordain as follows: SECTION 1 FINDINGS 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;the Downtown Station Area Specific Plan Program EIR and Statement of Overriding Considerations;the South San Francisco Municipal Code;the Project applications;the Project Plans,as prepared by BDE Architects,dated August 22,2018;the Environmental Consistency Analysis, including all appendices thereto;all site plans,and all reports,minutes,and public testimony submitted as part of the City Council’s duly noticed November 28,2018 meeting;and any other evidence (within the meaning of City of South San Francisco Printed on 1/17/2019Page 2 of 5 powered by Legistar™ File #:18-1029 Agenda Date:12/12/2018 Version:1 Item #:14a. of the City Council’s duly noticed November 28,2018 meeting;and any other evidence (within the meaning of Public Resources Code Section 21080(e)and Section 21082.2),the City Council of the City of South San Francisco hereby finds as follows: A.General Findings The foregoing recitals are true and correct and made a part of this Ordinance; 1.The Development Agreement,attached hereto as Exhibit A,is incorporated herein by reference and made a part of this Ordinance as if set forth fully herein. 2.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. 3.Based upon the testimony and information presented at the hearing and upon review and consideration of the environmental documentation provided,including but not limited to the Environmental Consistency Analysis,the City Council,exercising its independent judgment and analysis,finds that the Project is consistent with the analysis presented in the certified Downtown Station Area Specific Plan Program EIR,and that the Project 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 Downtown Station Area Specific Plan Program EIR certified by City Council nor would new mitigation be required for the Project.This is supported by the fact that,consistent with the Downtown Station Area Specific Plan EIR Mitigation Monitoring and Reporting Program,the project prepared Toxic Air Contaminants (TAC)and Green House Gas (GHG)Emissions Assessment,a Historic Resources Analysis,a Cultural Resources Analysis,and a Traffic and Circulation Analysis,all of which determined that the Project would not result in any new impacts not adequately evaluated and addressed by the Downtown Station Area Specific Plan Program EIR. B.Development Agreement Amendment Findings 1.The Development Agreement Amendment,as proposed,is consistent with the objectives,policies, general land uses and programs specified in the General Plan and the Downtown Station Area Specific Plan,both of which envision a high-density residential project adjacent to the Caltrain commuter station that can revitalize underused parcels and support economic activity in the Downtown area (see Gov.Code §§65868,65867.5).Further,the land uses,development standards, densities and intensities,buildings and structures proposed are compatible with the goals,policies, and land use designations established in the General Plan (see Gov.Code §65860),and none of the City of South San Francisco Printed on 1/17/2019Page 3 of 5 powered by Legistar™ File #:18-1029 Agenda Date:12/12/2018 Version:1 Item #:14a. and land use designations established in the General Plan (see Gov.Code §65860),and none of the land uses,development standards,densities and intensities,buildings and structures will operate to conflict with or impede achievement of the any of the goals,policies,or land use designations established in the General Plan. 2.The Development Agreement Amendment,as proposed,is compatible with the proposed high- density residential use authorized in and the regulations prescribed for the land use district (Downtown Transit Core)in which the real property is located and complies with all applicable zoning,subdivision,and building regulations and with the guiding policies of the General Plan and Downtown Station Area Specific Plan. 3.The Development Agreement Amendment states: a.The duration of the Agreement Amendment shall be ten years,as specified in Section 2.2 of the Agreement; b.The permitted uses of the Project Site,shall include those uses listed as “permitted”in the Downtown Transit Core zoning sub-district,as specified in Section 2.7 of the Agreement Amendment; c.The density and intensity of use of the Project Site shall be as set forth in the Project Approvals and,as and when they are issued,any subsequent approvals,as specified in Section 2.7 of the Agreement Amendment; d.The maximum height,bulk and size of the proposed buildings on the Project Site shall be as set forth in the Project Approvals and,as and when they are issued,any subsequent approvals,as specified in Section 2.7 of the Agreement Amendment; and, e.Provisions for reservation or dedication of land for public purposes,the location of public improvements,and the general location of public utilities shall be as set forth in the Project Approvals and,as and when they are issued,any subsequent approvals,as specified in Section 2.8 of the Agreement Amendment. f.The Developer must satisfy all of the Community Benefits,as specified in Exhibit D of the Agreement Amendment,including but not limited to a local hire policy and transportation demand management program. City of South San Francisco Printed on 1/17/2019Page 4 of 5 powered by Legistar™ File #:18-1029 Agenda Date:12/12/2018 Version:1 Item #:14a. SECTION 2.Approval of Development Agreement. A.The City Council of the City of South San Francisco hereby approves the Development Agreement Amendment with Miller Cypress SSF,LLC attached hereto as Exhibit A and incorporated herein by reference. B.The City Council further authorizes the City Manager to execute the Development Agreement,on behalf of the City,in substantially the form attached as Exhibit A,and to make revisions to such Agreement, subject to the approval of the City Attorney,which do not materially or substantially increase the City’s obligations thereunder. 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 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 28th day of November 2018. City of South San Francisco Printed on 1/17/2019Page 5 of 5 powered by Legistar™ RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of South San Francisco P.O. Box 711 South San Francisco, CA 94083 Space Reserved for Recorder's Use Only This instrument is exempt from recording fees pursuant to Government Code section 27383. Documentary Transfer Tax is $0.00 (exempt per Revenue & Taxation Code section 11922, Transfer to Municipality). FIRST MAJOR AMENDMENT TO DEVELOPMENT AGREEMENT BY AND BETWEEN CITY OF SOUTH SAN FRANCISCO AND BIT SSF MILLER CYPRESS, LLC Cadence Phase 2 Project (Former Ford Properties Vacant Parking Lots) 204 Miller Avenue 208 Miller Avenue 212-214 Miller Avenue 216 Miller Avenue 405 Cypress Avenue South San Francisco, California Effective Date: __________, 2018 FIRST MAJOR AMENDMENT TO DEVELOPMENT AGREEMENT Cadence Phase 2 (Former Ford Properties Vacant Parking Lots) This FIRST MAJOR AMENDMENT TO THE DEVELOPMENT AGREEMENT (“First Amendment”) is entered into this ____ day of ________, 2018, by and between the CITY OF SOUTH SAN FRANSICO, a California municipal corporation (“City”), and BIT SSF MILLER CYPRESS, LLC (“Developer”), a Delaware limited liability company. Developer and City are, from time to time, referred to individually in this Agreement as a “Party” and collectively as the “Parties.” R E C I T A L S This Amendment is entered into upon the basis of the following facts, understandings and intentions of the parties: A. WHEREAS, the City and Miller Cypress SSF, LLC entered into that certain Development Agreement, recorded December 22, 2016 as Document No. 2016-137228 in the Official Records of San Mateo County (the “Original Development Agreement”) with respect to that certain real property located at known as County Assessor’s Parcel Numbers (“APN”) 012-317-110 (401 Airport Boulevard) (“Parcel A.1”), 012-317-100 (411 Airport Boulevard) (“Parcel A.2”), 012-317-090 (421 Airport Boulevard) (“Parcel A.3”), 012-318-030 (315 Airport Boulevard) (“Parcel D”), 012-314-100 (405 Cypress Avenue) (“Parcel B”), and 012-314-220 (216 Miller Avenue parking lot) (“Parcel C”). Parcel A.1, Parcel A.2 and Parcel A.3 are collectively, “Parcel A.” Parcel A, Parcel B, Parcel C and Parcel D are, collectively, the “Original Property.” Parcel A, Parcel B and Parcel D are collectively the “Cadence Phase 1 Property.” The Original Development Agreement, as modified by this First Amendment, is hereinafter the “Development Agreement.” B. WHEREAS, the Developer and South San Francisco Successor Agency, a public agency (“Successor Agency”) entered that certain Purchase and Sale Agreement dated August 23, 2016, as amended by the certain First Amendment to Purchase and Sale Agreement dated ________, 2018 (the “PSA”) that authorized the transfer of the Original Property to the City for subsequent conveyance to Miller Cypress SSF, LLC, and its authorized assignees. C. WHEREAS, in April 2016, Miller Cypress SSF, LLC assigned its interest and obligations under the PSA and the Original Development Agreement to Miller Cypress PRI, LLC and a Notice of Assignment was recorded December 22, 2016 as Document No. 2016- 137229 in the Official Records of San Mateo County (“Official Records”), and Miller Cypress PRI, LLC subsequently changed its legal operating name to BIT SSF Miller Cypress, LLC. D. WHEREAS, on December 22, 2016, by Grant Deed recorded in the Official Records as Document No. 2016-137231, the City transferred fee title to the Cadence Phase 1 Property to Developer, and Developer is currently constructing Phase 1 of the “Project” as defined and in accordance with the Original Development (the “Cadence Phase 1 Project.”). The Cadence Phase 1 Project, as defined herein and amended by this First Amendment, does not include the twelve (12) unit townhome project on Parcel C, defined as Phase 2 in Section 6.11(a)(ii) of the Original Agreement, or the surface parking lot originally proposed on Parcel B. E. WHEREAS, pursuant to the PSA, on April 26, 2017, by Grant Deed recorded in the Official Records as Document No. 2017- 035957, the City transferred fee title to Parcel C to SSF Miller Cypress Phase 2 LLC, as affiliate of Developer, subject to a partial assignment of the Original Development Agreement as to Parcel C as evidenced by a Notice of Assignment of Development Agreement recorded on April 26, 2017 as Document No. 2016-035958 in the Official Records. On ______, 2018, SSF Miller Cypress Phase 2, LLC then transferred title and assigned all of its interests and obligations with respect to Parcel C, the Development Agreement and the PSA to the Developer. F. WHEREAS, as contemplated under Section 5.6 of the PSA, the Developer submitted its notice of the “Land Assemby Option” as that term is defined in the PSA and entered into purchase and sale contacts with the private owners to acquire fee title to the following properties located between Parcel C and Parcel B: 204 Miller Avenue (APN No. 012- 314-110) (“204 Miller”), 208 Miller Avenue (APN No. 012-314-112) (“208 Miller”), and 212- 214 Miller Avenue (APN No. 012-314- 190) (“214 Miller”), which are currently developed with three one- and two-story commercial structures. G. WHEREAS, 204 Miller, 208 Miller, 214 Miller, Parcel B and Parcel C are all located within the Downtown Transit Core sub-district, total approximately 1.08 acres, and are more particularly described and depicted in Exhibit A (“Cadence Phase 2 Property”). H. WHEREAS, the proposed “Cadence Phase 2 Project” (or “Phase 2 Project”) on the Cadence Phase 2 Property consists of demolition of three existing buildings, the removal of two parking lots, site preparation and soil remediation, and the construction of 195 apartment homes in one seven to eight story building (due to grade change across the site, the total number of stories varies between seven and eight in order to maintain consistent ground plane access and activation from west to east) and accompanying ancillary uses (e.g., parking, amenities, offsite utility improvements, streetscape improvements), all as more particularly described in the Cadence Phase 2 Project Approvals (defined below). As described in the Cadence Phase 2 Project Approvals, the Developer may construct the Cadence Phase 2 Project in two phases “Phase 2A,” “Phase 2B,” or in one integrated phase, as described in the Cadence Phase 2 Project Approvals. I. In addition to this First Amendment, development of the Phase 2 Project requires that the Developer obtain from the City the following land use entitlements: Environmental Assessment, Conditional Use Permit; and Design Review. The entitlements listed in this Recital I are collectively referred to herein as the “Cadence Phase 2 Project Approvals.” The Cadence Phase 2 Project Approvals are listed in Exhibit B. The Cadence Phase 2 Property is located in the Downtown Transit Core and the Cadence Phase 2 Project Approvals meet the spirit and intent of the Downtown Station Area Specific Plan and the applicable sections of the South San Francisco Municipal Code. The Cadence Phase 2 Project will provide needed residential development along the Airport Boulevard corridor one-half mile of the relocated Caltrain station, one block from the historic retail cores of Grand Avenue and Linden Street, and adjacent to the Cadence Phase 1 Project, and will result in the removal of vacant and underutilized downtown properties that otherwise create gaps in the urban fabric, degrade pedestrian comfort, and create obstacles to accessing Caltrain and Grand Avenue. J. City has determined that the following public benefits and opportunities which are advanced by City and Developer entering into this Agreement, each as futher defined in community benefits letter, dated August 23, 2018, attached hereto as Exhibit D, and incorporated herein and in the Cadence Phase 2 Project Approvals: (1) the Developer has made a voluntary commitment to pay area-standard wages for the Project’s construction by hiring union labor and by implementing the proposed Local Hire Program (as defined herein), with a 5% local hire target in order to encourage and support the local workforce, (2) the Phase 2 Project includes the following: (i) an on-site public art commitment (ii) an innovative Transportation Demand Management plan, (iii) significant streetscape and public realm improvements (including enhanced sidewalk paving, street furniture, street trees, pedestrian- scale lighting, and street lighting along the project frontages of Miller Avenue and Cypress Avenue, the undergrounding of PG&E/AT&T/Comcast lines along the project frontages of Miller Avenue, Cypress Avenue, and Tamarack Lane, and street improvements along the project frontages of Miller Avenue, Cypress Avenue, and Tamarack Lane), (iv) installation of a storm drain and additional utility improvements along Miller Avenue between Cypress Avenue and 216 Miller Avenue to capture neighborhood stormwater runoff that currently floods the neighborhood, (v) the provision of green building measures that will result in 5% more energy efficiency than CA 2016 Title 24 requirements, (vi) mitigation of the environmental contamination on Parcel C and Parcel B; and (3) the Cadence Phase 2 Project will mitigate any significant environmental impacts, provide for and generate substantial revenues for the City in the form of one time and annual fees and exactions and other fiscal benefits; and otherwise achieve the goals and purposes for which the Development Agreement Statute was enacted. K. In exchange for the benefits to City described in the preceding Recital, together with the other public benefits that will result from the development of the Project, Developer will receive by this Agreement assurance that it may proceed with the Project in accordance with the “Applicable Law” (defined below), and therefore desires to enter into this Agreement. L. On September 6, 2018, following a duly noticed public hearing, the Planning Commission [recommended] that the City Council approve this Agreement. M. The City Council, after conducting a duly noticed public hearing, has found that this Agreement is consistent with the General Plan and Zoning Ordinance and has conducted all necessary proceedings in accordance with the City’s rules and regulations for the approval of this Agreement. In accordance with SSFMC section 19.60.120, the City Council, at a duly noticed public hearing, adopted Ordinance No. _______-2018, approving and authorizing the execution of this Agreement. N. The Parties now desire to amend certain provisions of the Original Development Agreement, as set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein and other valuable consideration and pursuant to Section 7.2(b) of the Agreement, the parties hereto agree to the following: 1. Defined Terms. All capitalized terms used herein shall have the meanings given in the Original Development Agreement, except as expressly otherwise defined in this First Amendment. 2. Enumeration of Specific Amendments; Relationship to Cadence Phase 1 Project. The Original Development Agreement is hereby revised to incorporate the following amendments, which shall apply only and exclusively to the Cadence Phase 2 Project and have no legal effect whatsoever on the Cadence Phase 1 Project, except as expressly provided herein. For the purpose of clarity, the Cadence Phase 2 Property is hereby incorporated into the Development Agreement, as amended by this First Agreement, for the purposes of development of the Cadence Phase 2 Project. In this Section 2, for clarity, where the amendment revises existing text, double underline text indicates new text; strikeout text indicates a deletion. 2.1 Article 1 (Definitions). The following definitions apply to this First Amendment, and shall control as to the Cadence Phase 2 Project to the extent any of the following definitions conflict with the Original Development Agreement: “Applicable Law” shall have the meaning set forth in Section 2.7 of this First Amendment. “Cadence Phase 1 Project” shall have the meaning set forth in Recital D of this First Amendment. “Cadence Phase 1 Property” shall have the meaning set forth in Recital A of this First Amendment. “Cadence Phase 2 Project” or “Phase 2 Project” shall have the meaning set forth in Recital C of this First Amendment. “Cadence Phase 2 Project Approvals” or “Phase 2 Project Approvals” shall have the meaning set forth in Recital I of this First Amendment. “Cadence Phase 2 Property” shall have the meaning set forth in Recital G of this First Amendment. “Developer” shall mean BIT SSF Miller Cypress, LLC, and its successors and assigns. “Development Agreement” shall have the meaning set forth in Recital A. “Development Fees” shall have the meaning set forth in Section 2.4. “Effective Date” shall have the meaning set forth in Section 4 of this First Amendment. “Original Property” shall have the meaning set forth in Recital A of this First Amendment. “Project Site” shall mean, collectively, the Cadence Phase 1 Property and the Cadence Phase 2 Property. “Project” shall mean, collectively, the Cadence Phase 1 Project and the Cadence Phase 2 Project. “PSA” shall have that meaning set forth in Recital B of this First Amendment. “Term” shall have that meaning set forth in Section 2.3 of this First Amendment. 2.2 Section 2.1 (Effective Date). Section 2.1 of the Original Development Agreement is hereby amended and restated to read in its entirety as follows: This First Agreement shall become effective upon the date the ordinance approving this Agreement becomes effective (“Effective Date”). The City Clerk shall insert the Effective Date on the cover sheet and record this First Amendment in the Official Records. 2.3 Section 2.2 (Term). Section 2.2 of the Original Development Agreement is hereby amended and restated to read in its entirety as follows: The term of this First Amendment (“Term”) shall commence upon the Effective Date and continue for a period of ten (10) years. 2.4 Section 3.2 (b) (City Fees). Section 3.2(b) of the Original Development Agreement is hereby amended and restated to read in its entirety as follows: Consistent with the terms of this First Agreement, City shall have the right to impose only such development fees (“Development Fees”) as have been adopted by City and in the rates in effect as of the Effective Date of this First Agreement and shown on Exhibit C. This shall not prohibit City from imposing on Developer any fee or obligation that is imposed by a regional agency in accordance with state or federal obligations and required to be implemented by City. Development Fees shall be due upon issuance of building permits or certificates of occupancy for the Project, as may be required under the adopting ordinance for such Development Fees, except as otherwise provided under the The Original Development Agreement, as modified by this First Amendment or the Cadence Phase 2 Project Approvals. 2.5 Section 3.5 (Electrical Charging Stations). Section 3.5 of the Original DevelopmentAgreement is hereby amended and restated to read in its entirety as follows: Developer shall provide electric charging stations in a minimum of two percent of the total parking spaces provided in the parking garages constructed on the Cadence Phase 2 Project Parcels A and D and shall also install all necessary conduit for ten (10) additional electric vehicle charging stations, with the final location of the installed stations and conduit subject to approval by the Chief Planner. 2.6 Section 5.6(a) (Existing Fees). Section 5.6(a) of the Original Development Agreement is hereby amended and restated to read in its entirety as follows: The Parties understand and agree that as of the Effective Date of this First Amendment the fees, exactions, and payments listed in Exhibit C to this First Amendment are the only City fees and exactions applicable to the Cadence Phase 2 Project. Except for those fees and exactions listed in Exhibit C, no new or increased fees, exactions, or assessments shall be applicable to the the Project Site, or any portion thereof. 2.7 Section 6.3 (Applicable Law). Section 6.3 of the Original Development Agreement is hereby amended and restated to read in its entirety as follows: The rules, regulations, official policies, standards and specifications applicable to the Cadence Phase 2 Project (the “Applicable Law”) shall be those set forth in the Original Development Agreement as amended by this First Amendment, and the Cadence Phase 2 Project Approvals, and, with respect to matters not addressed by the Original Development Agreement, as amended by this First Agreement or the Cadence Phase 2 Project Approvals, those rules, regulations, official policies, standards and specifications (including City ordinances and resolutions) governing permitted uses, building locations, timing of construction, densities, design, heights, fees, exactions, and taxes in force and effect on the Effective Date of this First Amendment. 2.8 Section 6.11 (Timing and Review of Project Construction and Completion) Section 6.11 of the the Original Development Agreement Agreement is hereby amended and restated to read in its entirety as follows and this Section 2.7 shall also apply to the Cadence Phase 1 Project: (a) The Project consists of two phases. Phasing will occur in such a manner as to always preserve the potential for 272 455 residential units on the site during the Term of the Agreement. (i) The Cadence Phase 1 Project shall include: • Two seven-story residential buildings on Parcels A & D, with a minimum of 260 apartment units between them and two levels of parking garages in each building. • A parking lot on Parcel B at 405 Cypress Avenue. • All site improvements and design features as shown on the Cadence Phase 1 Project Approvals for Phase 1. (ii) The Cadence Phase 2 Project shall include: • Twelve (12) for-sale townhomes at 216 Miller Avenue195 apartment units which may be developed in subphases (Phase 2A (101 units), Phase 2B (94 units)) as described in the Cadence Phase 2 Project Approvals. • All site improvements and design features as shown on the Cadence Phase 2 Project Approvals for Phase 2. 2.9 6.12 (No Housing Restrictions on Rental Residential Component). Section 6.3 of the Original Development Agreement is hereby amended and restated to read in its entirety as follows: City acknowledges and agrees that the residential component of the Project, other than the twelve townhomes, is proposed for, approved as, and will be constructed as market-rate rental housing. City represents and warrants that no inclusionary housing, occupancy limitation or control, and no rent control requirement applies to the Project so long as the residential component is comprised solely of rental housing. City covenants that it will not adopt or attempt to apply any such restrictions, requirements or controls to the Project, other than the twelve townhomes, so long as the residential component is solely comprised of rental housing. The City is in the process of adopting an affordable housing impact fee, but the City acknowledges such fee shall not apply to the Project because the application for the Cadence Phase 2 Project has been submitted by the Developer and has been deemed complete by the City as of August 24, 2018. 2.10 Exhibit A (Description and Diagram of Project Site). Exhibit A of the Original Agreement is hereby amended and restated to mean Exhibit A of this First Amendment. With respect to the Cadence Phase 1 Property, it shall no longer include Parcel B or Parcel C which is now deemed only part of the Cadence Phase 2 Property. 2.11 Exhibit B (List of Project Approvals). Exhibit B of the Original Agreement is hereby amended and restated to mean Exhibit B of this First Amendment. 2.12 Exhibit C (Applicable Laws & City Fees, Exactions and Payments). Exhibit C of the Original Agreement is hereby amended and restated to mean Exhibit C of this First Amendment. 3. Ratification; Relationship with Original Development Agreement. Except as expressly modified by this Amendment, the Original Development Agreement remains in full force and effect. To the extent of any inconsistency between this First Amendment and the Original Development Agreement with respect to the Cadence Phase 2 Project this First Amendment shall control. To the extent of any inconsistency between this First Amendment and the Original Development Agreement with respect to the Cadence Phase 1 Project the Original Development Agreement shall control. IN WITNESS WHEREOF, City and Developer have executed this First Amendment as of the date first written above. [Remainder of Page Blank] CITY CITY OF SOUTH SAN FRANCISCO, a municipal corporation By: ___________________________ Name: ______________________ City Manager ATTEST: By: ___________________________ City Clerk APPROVED AS TO FORM: By: ___________________________ City Attorney DEVELOPER: BIT SSF MILLER CYPRESS, LLC, a Delaware limited liability company By: SRGNC MF Miller Cypress, LLC, a Delaware limited liability company its Managing Member By: SRGNC MF, LLC a Delaware limited liability company, its Managing Member By: Mark R. Kroll President A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) COUNTY OF ) On _________________________ before me _________________________________________ (insert name and title of the officer) personally appeared ______________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ______________________________ (Seal) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) COUNTY OF ) On _________________________ before me _________________________________________ (insert name and title of the officer) personally appeared ______________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ______________________________ (Seal) Exhibit A Description and Diagram of Cadence Phase 2 Property REAL PROPERTY IN THE CITY OF SOUTH SAN FRANCISCO, COUNTY OF SAN MATEO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: Exhibit B List of Cadence Phase 2 Project Approvals [To be confirmed and filled in with final reference information prior to execution, following entitlements approval] • Environmental Consistency Analysis (File #________) approved by the City Council on _______, 2018 by Resolution No. ___-2018. • Conditional Use Permit (File #________) approved by the City Council on _______, 2018 by Resolution No. ____-2018. • Design Review (File # ________) approved by the City Council on _________, 2018 by Resolution No. __-2018. • Development Agreement (File #_______) approved by the City Council on ________, 2018 by Ordinance No. 1512-2018. Exhibit C Applicable Laws & City Fees, Exactions, and Payments for Cadence Phase 2 Project CURRENT SOUTH SAN FRANCISCO LAWS Developer shall comply with the following City regulations and provisions applicable to the Property as of the Effective Date (except as modified by this First Amendment and the Cadence Phase 2 Project Approvals). 1.1. South San Francisco General Plan. The Developer will develop the Project in a manner consistent with the objectives, policies, general land uses and programs specified in the South San Francisco General Plan, as adopted on October 13, 1999 and as amended from time to time prior to the Effective Date. 1.2 Downtown Station Area Specific Plan. The Developer will develop the Project in a manner consistent with the objectives, policies, general land uses and programs specified in the South San Francisco Downtown Station Area Specific Plan, as adopted in January 2015, and as amended prior to the Effective Date. 1.3 Downtown Station Area Specific Plan Zoning District. The Developer shall construct the Project in a manner consistent with the Downtown Station Area Specific Plan Zoning District applicable to the Project as of the Effective Date (except as modified by this First Amendment). 1.4 South San Francisco Municipal Code. The Developer shall construct the Project in a manner consistent with the South San Francisco Municipal Code provisions, as applicable to the Project as of the Effective Date (except as modified by this First Amendment). FEES, EXACTIONS, & PAYMENTS Subject to the terms of Section 5.6(b) of the Original Development Agreement, Developer agrees that Developer shall be responsible for the payment of the following fees, charges, exactions, taxes, and assessments (collectively, “Assessments”). From time to time, the City may update, revise, or change its Assessments. Further, nothing herein shall be construed to relieve the Property from common benefit assessments levied against it and similarly situated properties by the City pursuant to and in accordance with any statutory procedure for the assessment of property to pay for infrastructure and/or services that benefit the Property. Except as indicated below, the amount paid for a particular Assessment, shall be the amount owed, based on the calculation or formula in place at the time payment is due, as specified below. 2.1 Administrative/Processing Fees. The Developer shall pay the applicable application, processing, administrative, legal and inspection fees and charges, as currently adopted pursuant to City’s Master Fee Schedule and required by the City for processing of land use entitlements, including without limitation, General Plan amendments, zoning changes, precise plans, development agreements, conditional use permits, variances, transportation demand management plans, tentative subdivision maps, parcel maps, lot line adjustments, general plan maintenance fee, demolition permits, and building permits. 2.2. Impact Fees (Existing Fees). Except as modified below and as set forth in Section 2.6 of this First Amendment, the following existing impact fees shall be paid for net new square footage at the rates and at the times prescribed in the resolution(s) or ordinance(s) adopting and implementing the fees. (a) Child Care Impact Fee. (SSFMC Chapter 20.115; Ordinance 1432-2001). (b) Public Safety Impact Fee. (Resolution 97-2012) Prior to receiving a building permit the Project, the Developer shall pay the Public Safety Impact Fee, as set forth in Resolution No. 97-2012, adopted on December 10, 2012, to assist the City’s Fire Department and Police Department with funding the acquisition and maintenance of Police and Fire Department vehicles, apparatus, equipment, and similar needs for the provision of public safety services. (c) Sewer Capacity Charge. (Resolution 39-2010) Prior to receiving a building permit for tenant improvements for the Project, the Developer shall pay the Sewer Capacity Charge, as set forth in Resolution No. 39- 2010. (d) General Plan Maintenance Fee. Per Resolution 74-2007. (e) Park and Recreation Fees. Per SSFMC Chapter 8.67. (f) Bicycle and Pedestrian Impact Fee. Per SSFMC Chapter 8.68. 2.3 User Fees. (a) Sewer Service Charges. (assessed as part of property tax bill) (b) Stormwater Charges. (assessed as part of property tax bill) 2.4 Community Benefit Committments. Developer shall be obligated to satisfy all of the “Community Benefits” pursuant to SSFMC Section 20.280.005(A)(1)(a), (b), (c), (h), and (g) identified in the Community Benefits Letter, attached to the First Amendment as Exhibit D. 2.5 Business License Tax Modifications. In the event that the City’s business license tax is modified and duly approved by voters, and any subsequent tax modifications become applicable to the properties on the Project during the term of this Agreement, Developer shall be responsible to pay the applicable business license tax amounts, as modified. 1 August 23, 2018 Ms. Adena Friedman Senior Planner City of South San Francisco 315 Maple Street South San Francisco, CA 94083 RE: Cadence Phase 2 Application: Community Benefits and Financial Analysis under Section 20.280.005(A) and Summary of Other Public Benefits for Former Ford Properties/Vacant Miller Avenue Parking Lots Dear Ms. Freidman: As you know, Sares-Regis Group of Northern California (“Sares Regis”) is well under construction on Cadence Phase 1, which is expected to be completed and open to new residents in the first quarter of 2019. The next phase of the overall project, Cadence Phase 2 (“Project”), includes Parcel B (405 Cypress Ave) and Parcel C (216 Miller Ave) of the Former Ford Properties as contemplated under the “Revised Parcel C Entitlements Application” defined in Section 5.6 of the Purchase and Sale Agreement and Joint Escrow Instructions dated February 23, 2016 (“PSA”), as well as three privately assembled parcels between those two sites addressed as 204, 208, and 212/214 Miller Avenue. Sares Regis requests an increase in density to 180 DUA for these five sites for construction of a new residential apartment building, as described in more detail in the Planning Application submitted on December 12, 2017 and as updated during the review process. Pursuant to the Downtown Station Area Specific Plan (DSASP) Section 20.280.005 (A) Additional Development Standards, Sares Regis proposes the following “Community Benefits,” listed in the order of Section 20.280.005(A)(1), and includes the financial evaluation, as required by 20.280.005(A)(2) to allow the City to make a reasonable assessment of the value of the Community Benefits offered relative to the value of the additional density (87 units) sought. We also summarize other project benefits of Cadence Phase 2 that are consistent with the goals and policies of the DSASP but that do not fit expressly in the explicitly defined category of Community Benefits under Section 20.280.005. Sares Regis requests the City Council, in its discretion, consider as additional “project benefits” when reviewing the project. As described below, the value of the Community Benefits, even without the project benefits, vastly outweighs the value of the additional density. Exhibit D: Community Benefits Letter 2  Local Hire Program (20.280.005(A)(1)(a)) (Estimated cost of 20% to 30% of construction value: $19,200,000 to $28,800,000)  Voluntary commitment to pay area-standard wages for the Project’s construction by hiring union labor and by implementing the proposed Local Hire Program described in Attachment A with a 5% local hire target in order to encourage and support the local workforce.  Consistent with Downtown Station Area Specific Plan Policy LU-1, the Project will result in the City of South San Francisco having more construction workers employed in high- quality construction jobs with career paths, job training, and area-standard wages. Committing to these area-standard wages and job benefits means more money recirculating into the local economy during construction, thereby increasing the overall associated economic benefit of the Project’s construction. Having a local workforce also means: 1) additional sales tax dollars for the City as construction wages are recirculated within the local economy; 2) greater opportunities for local youth and veterans to enter the middle class by way of the targeted higher percentage of local apprentices employed on the Project; and, 3) reduced traffic and greenhouse gas emissions from fewer workers will needing to commute into South San Francisco to build the Project.  Public Art (20.280.005(A)(1)(b)) (Estimated Cost: $75,000)  Installation of public art. With City approval, the Project could also combine these Phase 2 public art dollars ($75,000) with those for Phase 1 ($25,000) for an even more impactful combined public art.  Transit Subsidies and Alternative Transportation Incentives (20.280.005(A)(1)(b)) (Estimated Cost: $200,000)  Provision of a robust Transportation Demand Management (TDM) plan that takes advantage of the following Project characteristics: o Housing and increased population density within a 0.5-mile radius of Caltrain that will promote train ridership and help secure increased train frequency, thereby reducing overall transportation emissions. o Residential housing opportunities in a walkable downtown neighborhood that will allow younger employees and older retirees to live in an area that is walkable to daily services, dining establishments, and local retailers (Per Greentrip, the Project’s location has a rating of “89 - Very Walkable”). o Development that will support the existing Grand Avenue and Linden Avenue retailers by bringing nearby workers and residents from other parts of South San Francisco closer to the primary retail corridors across more hours of the day.  The TDM plan itself includes transit subsidies and other incentives for residents to reduce single occupant vehicle use and the need for on-site parking, as described in more detail in Attachment B. 3  Local Streetscape Enhancements (20.280.005(A)(1)(c)) (Estimated Cost: $2,700,000)  Streetscape improvements in the public realm that include: enhanced sidewalk paving, street furniture, street trees, pedestrian-scale lighting, and street lighting along the project frontages of Miller Avenue and Cypress Avenue and as shown on the landscape plan; the undergrounding of PGE/ATT/Comcast lines along the project frontages of Miller Avenue, Cypress Avenue, and Tamarack Lane; and half street improvements along the project frontages of Miller Avenue, Cypress Avenue, and Tamarack Lane.  Installation of a storm drain and additional utility improvements along Miller Avenue between Cypress Avenue and 216 Miller Avenue to capture neighborhood stormwater runoff that currently floods the neighborhood and as shown on the utility plans. Infrastructure will be dedicated to the City upon completion.  Provision of Green Building Measures Over and Above Applicable Title 15 Thresholds (“Building and Construction”) in the South San Francisco Municipal Code. (20.280.005(A)(1)(g)) (Estimated Cost: $500,000)  LEED rating tied to 5% more energy efficiency than CA 2016 Title 24 requirements. The estimated total cost of the Community Benefits described above is $27,475,000. The value of the density bonus for the additional 87 units is approximately $5,742,000 ($66,000 for each additional unit), which is significantly less than the value of the Community Benefits offered as part of the Project proposal. Cadence Phase 2 Community Benefits Value Comparison Table Additional units provided by Community Benefits 87 Description of Community Benefit Total Cost Cost Per Additional 87 Units Local Hire Program paying area standard wages $ 24,000,000 $ 275,850 Public Art $ 75,000 $ 850 TDM measures $ 200,000 $ 2,300 Local Streetscape Enhancements $ 2,700,000 $ 31,025 Green Building Measures $ 500,000 $ 5,750 Total Costs $ 27,475,000 $ 315,800 Value of 87 Units $ 5,742,000 $ 66,000 Additional project benefits listed below are proposed as part of Cadence Phase 2’s development but are not considered within the express DSASP Community Benefits. Nonetheless, they provide substantial 4 public benefits and help achieve several of the City’s goals and objectives enumerated in the DSASP, General Plan, and Climate Action Plan.  Implementation of the City’s goal to promote new housing near its commercial job centers (Oyster Point and Grand Avenue corridor), which allows for greater use of alternative transportation modes (walking, biking, transit) to reduce auto trips and greenhouse gas emissions in conformance with the City’s Climate Action Plan.  Fulfillment of the City’s vision for a vibrant, transit-oriented downtown through the development of 195 high-quality apartment homes within walking distance of the train, downtown, and the Oyster Point employment hub.  Contribution of over $4,670,000 in fees, including: $665,000 of Sewer Capacity fees; $360,000 of Childcare fees; $110,000 of Public Safety fees; $35,000 of Bicycle and Pedestrian Impact fees; $570,000 in School District fees; and $2,930,000 in Parks and Recreation Impact fees.  Generation of property tax revenue of over $1,500,000 during the first year of occupancy based on a per unit value of $650,000. Over ten years, property tax revenue value will be more than $15,000,000.  Creation of residential housing at a high density so that its scale can provide for a diverse range of unit types and creates a larger supply of critically needed housing.  Mitigation of the environmental contamination at 216 Miller Avenue and 405 Cypress Avenue that would be required for any redevelopment to occur on these sites. The plan includes the mitigation of 2,000+/- cubic yards of lead on the two sites  Removal of vacant and underutilized downtown properties that otherwise create gaps in the urban fabric, degrade pedestrian comfort, and create obstacles to accessing Caltrain and Grand Avenue. Necessary to provide this benefit are ground improvements to address the liquefiable soil on Parcel C to allow development on this property that previously never contained a structure. City Fees Total Cost Cost Per Unit (195) Sewer Capacity $ 665,000 $ 3,425 Child Care Impact $ 360,000 $ 1,850 Fire Life Safety $ 110,000 $ 565 Bike Pedestrian $ 35,000 $ 170 School Fees $ 570,000 $ 2,920 Park Fees $ 2,930,000 $ 15,026 Additional Real Estate Tax Paid (over ten years) $ 15,000,000+ $ 76,925+ Subtotal $ 19,670,000+ $ 100,881+ Grand Total (w/Community Benefits) $ 47,145,000+ $ 241,769 + 5 If you have any questions or need any additional information related to this request, I can be reached at 415-250-5515 or kbusch@srgnc.com. Sincerely, Ken Busch Senior Vice President 6 Attachment A Local Hire Policy Cadence Phase 2 South San Francisco, California Union Local Hire Contractor Policy INTRODUCTION AND APPLICATION OF POLICY BIT SSF Miller Cypress, LLC, together with its affiliates (“BIT SSF Miller Cypress, LLC,”) has developed a Union Local Hire Contractor Policy for the initial construction of the Cadence Phase 2 Project in South San Francisco, California (the “Project”), which is elaborated below. This policy will result in the City of South San Francisco having more local construction workers employed at the Cadence Phase 2 Project. Having a local workforce means: 1) additional sales tax dollars for the City as construction wages are recirculated within the local economy; 2) a higher percentage of local apprentices will be employed on the project providing local youth and Veteran’s greater opportunity to gain a career pathway into the middle class; and, 3) reduced traffic and green gas house emissions as fewer workers will be computing into South San Francisco to build the project. BIT SSF Miller Cypress, LLC, has a deep interest in the well-being of its contractors employed to construct the Project. BIT SSF Miller Cypress, LLC, through its union commitment at Cadence Phase 2 has a strong commitment to this Union Local Hire Contractors Policy (“Policy”). The Policy anticipates hiring a union general contractor for the Project (“General Contractor”) and requiring the General Contractor to comply with this Policy when it hires union subcontractors for the Project (“Subcontractors”). As used in this Policy, the term “Contractor” means the General Contractor and the Subcontractors. This Policy would encourage hiring of Subcontractors from the San Francisco Metropolitan Bay Area with a focus on residents of South San Francisco, subject to fiduciary principles concerning duties of loyalty and prudence. BIT SSF Miller Cypress, LLC, believes that a union-affiliated workforce provides an opportunity to include local residents in the construction of the Project with fair wages and benefits (including for example, union-paid family health care coverage, pension benefits, and apprenticeship programs), so therefore, BIT SSF Miller Cypress, LLC, is committed to General Contractor and Subcontractor required participation in labor unions to construct the Project. During the construction of Cadence 2 BIT SSF Miller Cypress, LLC will work with the local union affiliates for the union affiliates to attend four to six job fairs targeting local returning veterans, high school students and local community colleges. BIT SSF Miller Cypress, LLC will work with the City to identify appropriate job fairs (e.g. El Camino High School job fair, South San Francisco High School job fair, Baden High School job fair) and work with the local union affiliates to attend these events. 7 I. REQUIREMENTS OF UNION LOCAL HIRE POLICY A. Local Hire Pre-Qualification Process: The General Contractor will undertake commercially reasonable, good faith efforts to pre-qualify local companies as Subcontractors (“Pre- Qualify”). The General Contractor will also require Subcontractors to undertake commercially reasonable, good faith efforts to hire qualified local employees for construction work on the Project. Such efforts may include but are not limited to: a. Qualification Factors. To Pre-Qualify, the General Contractor will consider union affiliation, as well as factors such as financial stability, capability, safety, experience, reputation, honesty, integrity, timeliness, and dependability. The General Contractor or BIT SSF Miller Cypress, LLC, reserve the right to invite any firm to Pre-Qualify, to bid on work in the Project and to consider other factors in their discretion. b. Solicitation of Local Companies. The General Contractor will solicit local companies to Pre-Qualify to receive opportunity to bid on work required to construct the Project. The General Contractor will be required to notice to Pre-Qualify in local trade publications, bulletin boards and union building trades councils. c. Interview and Invitation to Bid. Depending on the responses to the prequalification notice, General Contractor may interview qualified potential Subcontractors solicited through Pre-Qualification efforts and invite local Subcontractors who Pre-Qualify to compete for the work when all other considerations in a hiring determination are otherwise equal. Given the time and expense required to solicit and evaluate bids, it is not required that the General Contractor invite all potential bidders. d. All requests for proposals and invitations to bid covered by this Policy shall include terms of this Policy and shall request information from bidders to assist in evaluating a bid. e. Subcontractors to request local project workers from the union with a priority for workers: 1. Workers living in South San Francisco 2. Workers living in the County of San Mateo, San Francisco, Santa Clara, Alameda County, and Contra Costa County 3. Workers living in Northern California 4. Workers living in other residency B. Monitoring and Reporting. Once each 6 months, BIT SSF Miller Cypress, LLC, shall require the General Contractor to monitor and report on its efforts to Pre-Qualify Subcontractors to BIT SSF Miller Cypress, LLC, and likewise require Subcontractors, or the applicable union affiliate, to monitor and provide reports of their efforts in this regard to BIT SSF Miller Cypress, LLC. C. Fiduciary Duty: Notwithstanding any other consideration, Project shall be constructed for the exclusive benefit of BIT SSF Miller Cypress, LLC. BIT SSF Miller Cypress, LLC,’s duty to the beneficiaries of BIT SSF Miller Cypress, LLC, shall take precedence over any other duty. D. Competitive Return: To comply with duties of loyalty and prudence, all investments and services must be made and managed in a manner that produces a competitive, risk-adjusted return. 8 E. Selection: The Contractors are charged with the duty to exercise the care, skill, prudence and diligence appropriate to the task to be completed including the selection of Subcontractors and employees working on the Project. F. Local, State and Federal Laws: All Contractors shall be required, and solely responsible, for complying with all applicable local, state, and federal laws (including by way of illustration those pertaining to insurance, withholding taxes, minimum wage, labor relations, health, and occupational safety). II. SELECTION PREFERENCE OF SUBCONTRACTORS BIT SSF Miller Cypress, LLC, will require the General Contractor to use commercially reasonable, good faith efforts to hire its Subcontractors through a competitive selection process taking this Policy into account, with a goal of 5% of total construction jobs, including a goal of 10% of all apprenticeship jobs, from categories 1 and 2, above. The purpose of this provision is to encourage fair competition and to actively seek bids from all qualified sources within an area, and to encourage hiring of those identified under this Policy. General Contractor will be required to create a bidding process that includes notification and invitations to Pre-Qualify (Section IIA) to be distributed to a broad spectrum of potential bidders, particularly local firms. If the requirements of Section IIA through F, above, are satisfied, BIT SSF Miller Cypress, LLC, expresses a strong preference for local hiring. BIT SSF Miller Cypress, LLC, and the General Contractor will make decision of each Subcontractor based on union affiliation, financial stability, capability, safety and experience and fee, among other factors. General Contractor and BIT SSF Miller Cypress, LLC, reserve the right to invite any firm to bid on work in the Project based on their history with the Subcontractor. General Contractor and BIT SSF Miller Cypress, LLC, reserve the right to award any contract to the contractor or subcontractor in their sole discretion that they consider the best subcontractor for the Project. III. APPLICATION, MONITORING AND ADMINISTRATION A. Application: This Policy shall apply to Cadence Phase 2 only. B. Notification: BIT SSF Miller Cypress, LLC, or the General Contractor, shall provide all applicable current and prospective Contractors with a copy of this Policy. C. Solicitation Documents: All requests for proposal and invitations to bid for construction covered by this Policy shall include the terms of this Policy. Bidders shall be requested to provide information to assist in evaluating a bid under this Policy. D. Contracts: All construction contracts pertaining to the Project over the minimum contract amount entered into after the effective date of this Policy and pertaining to the Project shall include the terms of this Policy. E. Responsibilities: The responsibilities of BIT SSF Miller Cypress, LLC,’s staff, General Contractor, and unions are defined as follows: i. BIT SSF Miller Cypress, LLC, shall have the following responsibilities: 9 1. Review the Contractors’ annual certification statement regarding compliance with the Policy. 2. Insert appropriate contract language where applicable. 3. Maintain a simplified bid summary for each applicable contract. The summary should include identifying contract, successful bidder, and bidder’s status under this Policy. 4. Maintain list of any interested local hire contractor. (Names, addresses and telephone numbers). 5. Seek from trade union/service unions input in the development of local hire contractor list. 6. Reporting to the City of South San Francisco, upon request. ii. General Contractor: The General Contractor will have responsibility for the following: 1. Provide the Policy to any interested Subcontractor. 2. Ensure there is a competitive selection process that is inclusive of potentially eligible local hire Subcontractors. 3. Include the Policy in bid documents to Subcontractors seeking to secure construction or building service contracts. 4. Require bidders to, upon request, provide a Policy self-certification on a form approved by BIT SSF Miller Cypress, LLC. 5. Maintain documentation for successful bidders and provide to BIT SSF Miller Cypress, LLC, upon request. 6. Upon request, submit to BIT SSF Miller Cypress, LLC, a Policy self- certification on a form approved by SGRNC. iii. Unions: Trade unions/service unions shall be asked to perform the following tasks: 1. Deliver to the BIT SSF Miller Cypress, LLC, or the General Contractor staff lists of names and phone numbers of local contractors to assist in the implementation of this Policy. 2. Refer interested and qualified contractors to BIT SSF Miller Cypress, LLC or the General Contractor. 3. Continually monitor the local labor markets to update the lists. 4. Provide technical input as appropriate. 5. To the furthest degree allowed under their hiring hall policies, will dispatch local workers when requested. F. Minimum Contract Size: The Policy shall apply to all contracts of a minimum size of $750,000, individually as applicable, as of the date of execution of the contract. Minimum contract size refers to the total project value of the work being contracted for to one Subcontractor. Desegregation designed to evade the requirements of the Policy is not permitted. G. Applicable Expenditures Categories: The Policy shall apply only to the initial construction of the Project. H. Fair Wage, Fair Benefits, Training: All Contractors and Sub Contractors must be affiliated with the appropriate trade union. 10 I. Monitoring: If BIT SSF Miller Cypress, LLC, becomes aware of non-compliance, BIT SSF Miller Cypress, LLC, will place a Contractor on a probation watch list. If the Contractor does not modify this pattern of conduct even after discussions with BIT SSF Miller Cypress, LLC staff, BIT SSF Miller Cypress, LLC, will consider this pattern of conduct along with other information when it reviews the Contractor contract for possible renewal. The key indicator is a pattern of conduct that is inconsistent with the provisions of the Policy. J. No Third Party Beneficiaries. This Policy shall not and is not intended to create any third party right of enforcement, nor is this Policy intended to create an independent basis for a bid protest. 11 Attachment B Transportation Demand Management Program Cadence Phase 2 South San Francisco, California Site Location and Design-Related Measures  The site is located near the relocated South San Francisco Caltrain station. The site has been designed with upgraded sidewalks to encourage walking to the Caltrain station. The site is also located within one quarter mile of five SamTrans bus routes.  Access to building amenities, such as outdoor courtyard, rooftop deck, shared access to the Cadence Phase 1 fitness center and community space, and free Wi-Fi in community areas for telecommuting will be included to allow residents to stay onsite and reduce commute trips.  Ample bicycle support facilities will be provided including secure and protected bicycle parking for residents, bike racks for visitors, and on-site bicycle repair stations to encourage bicycling as a travel mode. The project will provide electric bicycle charging stations, bike share pods and/or accommodations for dock less bike share (e.g., bike-share parking facilities). Programmatic Measures  Transportation Coordinator: Identify a Transportation Coordinator (could be an existing on-site staff person) for the community who will be responsible for developing, marketing, implementing, and evaluating TDM programs. Having dedicated personnel helps to make the TDM program more robust, consistent and reliable. This will include internal communication tools such as the SRG Living portal that distributes information to our residents via the web and community computers in our leasing and lounge areas on topics ranging from restaurant and recreational amenities to package pick up to transit options and schedules.  Unbundled/Separately Priced Parking: Unbundling parking as part of the rental price of a residential unit requires the tenant to consider the cost of driving which includes parking and will encourage people to use an alternative mode to driving alone.  Free Transit Passes: $100 introductory Clipper cards for all residents in the initial lease-up of the project, and after initial lease up we will continue to provide educate for all future residents where monthly passes can be purchased at a discounted price.  New Resident Orientation Packet: Provide a move-in packet to all new residents explaining public transportation options and the TDM program creates an awareness and culture of drive-alone alternatives. Including the free transit pass will encourage residents to use public transit before their drive-alone commute habits are established.  Ridesharing Programs: Ridesharing programs help carpools to form by matching drivers and passengers, such as internal bulletins/message boards, 511.org carpool matching / Lyft partnership technology, or peer-to-peer matching apps.  Car Share: Work with car sharing companies to assess the feasibility of providing car share on- site. The decision to install a car share is ultimately up to the car sharing service providers. A car share provider located on-site would allow residents to use a car share vehicle for errands which helps to reduce concerns and inconveniences of not owning a vehicle.  Fleet of On-Site Bicycles: The project will provide ten (10) community bicycles that residents can use a bicycle for infrequent trips or to try a bicycle before deciding to purchase one. City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:18-1099 Agenda Date:12/12/2018 Version:1 Item #:15. City Selection Committee Appointments. City of South San Francisco Printed on 12/6/2018Page 1 of 1 powered by Legistar™ 1 | P a g e TO: MAYORS OF SAN MATEO COUNTY FROM: SUKHMANI S. PUREWAL, SECRETARY SUBJECT: MEETING OF THE CITY SELECTION COMMITTEE DATE: December 3, 2018 Deputy Mayor Diane Papan, Chairperson of the San Mateo County City Selection Committee called for a meeting of the Committee at 6:15 p.m. on Friday, December 14, 2018, at Colma Fire House, 50 Reiner Street, Colma CA 94014. AGENDA 1) Roll Call 2) Approval of the minutes for the meeting of May 18, 2018 3) Selection of one (1) Council Member to serve on the San Mateo County Transit District (SamTrans) representing Central Cities (Eligible cities: Belmont, Burlingame, Foster City, Half Moon Bay, Hillsborough, Millbrae and San Mateo) for a term of four (4) years beginning January 1, 2019 through December 31, 2022 i. Council Member Charles Stone, City of Belmont, is seeking reappointment 4) Selection of one (1) Council Member to serve on the San Mateo County Transit District (SamTrans) representing Northern Cities (Eligible cities: Brisbane, Colma, Daly City, Pacifica, San Bruno and South San Francisco) for a term of four (4) years beginning January 1, 2019 through December 31, 2022 5) Selection of one (1) Council Member to serve on the San Mateo County Transit District (SamTrans) representing Southern Cities (Eligible cities: Atherton, East Palo Alto, Menlo Park, Portola Valley, Redwood City, San Carlos and Woodside) fulfilling Redwood City Council Member Jeff Gee’s term through December 31, 2020 i. Council Member Ronald Collins, City of San Carlos, is seeking appointment 6) Selection of one (1) Council Member to serve on the San Mateo County Transportation Authority (SMCTA) representing Central Cities (Eligible cities: Belmont, Burlingame, Foster City, Half Moon Bay, Hillsborough, Millbrae and San Mateo) for a term of two (2) years beginning January 1, 2019 through December 31, 2020 i. Council Member Maureen Freschet, City of San Mateo, is seeking reappointment SAN MATEO COUNTY CITY SELECTION COMMITTEE Diane Papan, Chairperson Glenn R. Sylvester, Vice Chairperson Sukhmani S. Purewal, Secretary 400 County Center Redwood City, 94063 650-363-1802 2 | P a g e 7) Selection of one (1) Council Member to serve on the San Mateo County Transportation Authority (SMCTA) representing Southern Cities (Eligible cities: Atherton, East Palo Alto, Menlo Park, Portola Valley, Redwood City, San Carlos and Woodside) for a term of two (2) years beginning January 1, 2019 through December 31, 2020 i. Council Member Carlos Romero, City of East Palo Alto, is seeking appointment 8) Election of a Chairperson to the City Selection Committee for 2019 (Note: Candidates must be a current Mayor or Council Member) i. Council Member Glenn R. Sylvester, City of Daly City, is seeking appointment 9) Election of a Vice Chairperson to the City Selection Committee for 2019 (Note: Candidates must be a current Mayor or Council Member) 10) Oral Communications and Announcements i. Public Comment – Opportunity for the public to address the San Mateo County City Selection Committee. ii. Any subject not on the agenda may be presented at this time by members of the City Selection Committee. These topics cannot be acted upon or discussed, but may be agendized for a later meeting date. If you have any questions or require additional information, contact Sukhmani S. Purewal at (650) 363- 1802. 1 | Page TO: MAYORS OF SAN MATEO COUNTY FROM: SUKHMANI S. PUREWAL, SECRETARY SUBJECT: MEETING OF THE CITY SELECTION COMMITTEE DATE: DECEMBER 3, 2018 DRAFT MINUTES Deputy Mayor Diane Papan, Chairperson of the San Mateo County City Selection Committee called for a meeting of the Committee at 6:15 p.m. on Friday, May 18, 2018, at Independence Hall, 2955 Woodside Road, Woodside, CA 94062. 1)Roll Call – The meeting was called to order at 6:32 p.m. The following cities/towns were present: Belmont, Brisbane, Daly City, Foster City, Millbrae, Pacifica, Portola Valley, Redwood City, San Carlos, San Mateo, and Woodside. Absent: Atherton, Burlingame, Colma, East Palo Alto, Half Moon Bay, Hillsborough, Menlo Park, San Bruno, and South San Francisco. 2)Approval of the minutes for the meeting of January 26, 2018 Motion: San Mateo Second: Millbrae Ayes: Belmont, Brisbane, Daly City, Foster City, Millbrae, Pacifica, Portola Valley, Redwood City, San Carlos, San Mateo, and Woodside. Noes: None Absent: Atherton, Burlingame, Colma, East Palo Alto, Half Moon Bay, Hillsborough, Menlo Park, San Bruno, and South San Francisco. 3)Selection of one (1) Council Member to serve on the Local Agency Formation Commission (LAFCo) representing Cities, for a term of four (4) years beginning May 2018 through May 2022 i.Council Member Mike O’Neill, City of Pacifica, is seeking reappointment Motion to appoint Council Member Mike O’Neill: Millbrae Second: Pacifica Ayes: Belmont, Brisbane, Daly City, Foster City, Millbrae, Pacifica, Portola Valley, Redwood City, San Carlos, San Mateo, and Woodside. SAN MATEO COUNTY CITY SELECTION COMMITTEE Diane Papan, Chairperson Glenn R. Sylvester, Vice Chairperson Sukhmani S. Purewal, Secretary 400 County Center Redwood City, 94063 650-363-1802 Item No. 2 2 | Page Noes: None Absent: Atherton, Burlingame, Colma, East Palo Alto, Half Moon Bay, Hillsborough, Menlo Park, San Bruno, and South San Francisco. 4) Oral Communications None The meeting was adjourned at 6:34 p.m. Item No. 3 Item No. 5 Item No. 6 City of East Palo Alto Telephone Number: (650) 853-3100 2415 University Avenue Fax Number: (650) 853-3115 East Palo Alto, CA 94303 CITY OF EAST PALO ALTO November 28, 2018 Re: San Mateo County Transportation Authority city seat- Southern Judicial Cities Appointment Honorable Mayors and Council Members: I write to seek your support for appointment to the San Mateo County Transportation Authority (SMCTA) Southern Judicial Cities seat. As past Mayor of East Palo Alto, former vice-chair of CCAG, current board member of Commute.org, and an active participant in Council of Cities meetings, I have grown to know and engage many of you in discussions of issues affecting our cities. I feel it is vitally important that we listen to one another and collectively arrive at decisions that affect our cities. As a diverse county we must cooperate and arrive at reasoned, rational, and sustainable transportation decisions that address the urban and rural growth challenges we face. Given the passage of Measure W and reaffirmation of the State’s fuel tax, RRRA, the development of SMCTA’s next strategic plan must compre- hensively set the blueprint for developing our transit, roadways, and non-motorized forms of transportation cost effectively, efficiently and equitably. The SMCTA will play a pivotal role in discussing, prioritizing, and leveraging our local funds to allow our cities to guarantee the flow of funds for transit, bike/ped, road and highway improvement projects that will help maintain a livable region for all of us. Among the many projects and priorities that must be balanced are the implementation of complete streets, shuttles, the Hwy 101 Managed Lanes Project, grade separations, transit operations, and TDM, to cite only a few. All of these priorities must be considered within the context of a fiscally and socially equitable distribution of these limited and precious SMCTA public funds. I believe I can play a meaningful and effective role on the SMCTA given my present five years of service on ABAG’s Regional Planning Committee and my educational background at Stanford and Harvard where I studied urban economics, urban planning, real estate finance, and transportation studies. I will be mindful of the diversity of our cities, our numerous needs, and our sometimes-divergent concerns. I will always engage in reasoned discourse, respectful of all positions, that seeks innovative, collaborative and truly effective solutions that maintain and improve our transportation options sustainably. Please contact me should you have any questions concerning my candidacy. I may be reached at (650) 283- 2852 or by e-mail: cromero_ezln@yahoo.com. Sincerely, Carlos Romero, Councilmember Mayor Ruben Abrica Vice Mayor Lisa Gauthier Council Members Larry Moody Carlos Romero Donna Rutherford Item No. 7 Item No. 8 Updated on 12/19/2017 TO: Sukhmani S. Purewal, Secretary City Selection Committee SUBJECT: Alternate to the City Selection Committee I __________________________, Mayor of the City/Town of _____________________________, hereby appoint Councilmember __________________________________________, to serve as my alternate to the City Selection Committee meeting(s). In the absence of my appointee, I then appoint: (Please choose one) Councilmember __________________________________ to represent me Vice-Mayor and each Councilmember in order of seniority (You must check only ONE of the following options) My alternate is to serve for the: meeting only Date duration of my term of office as Mayor I do not choose to appoint an alternate ________________________________________ ___________________________ Signature of Mayor Date Please return to: Sukhmani S. Purewal, Secretary City Selection Committee Hall of Justice, 400 County Center / CMO 105 Redwood City, CA 94063 Or Fax to 650 363-1916 or bring to the meeting If you should have any questions please do not hesitate to call me (650) 363-1802 SAN MATEO COUNTY CITY SELECTION COMMITTEE Diane Papan, Chairperson Glenn R. Sylvester, Vice Chairperson Sukhmani S. Purewal, City Selection Secretary 400 County Center Redwood City, 94063 650-363-1802