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Home My WebLink About2020-05-27 e-packet@7:00Wednesday, May 27, 2020 7:00 PM City of South San Francisco P.O. Box 711 South San Francisco, CA TELECONFERENCE MEETING City Council Regular Meeting Agenda May 27, 2020City Council Regular Meeting Agenda TELECONFERENCE MEETING NOTICE THIS MEETING WILL BE CONDUCTED PURSUANT TO THE PROVISIONS OF THE GOVERNOR’S EXECUTIVE ORDERS N-25-20 AND N-29-20 ALLOWING FOR DEVIATION OF TELECONFERENCE RULES REQUIRED BY THE BROWN ACT & PURSUANT TO THE ORDER OF THE HEALTH OFFICER OF SAN MATEO COUNTY DATED MARCH 31, 2020 AS THIS MEETING IS NECESSARY SO THAT THE CITY CAN CONDUCT NECESSARY BUSINESS AND IS PERMITTED UNDER THE ORDER AS AN ESSENTIAL GOVERNMENTAL FUNCTION. The purpose of conducting the meeting as described in this notice is to provide the safest environment for staff and the public while allowing for public participation. Councilmembers Matsumoto, Nagales and Nicolas, Vice Mayor Addiego and Mayor Garbarino and essential City staff will participate via Teleconference. Members of the public may submit their comments on any agenda item or public comment via email or City Council hotline. PURSUANT TO RALPH M. BROWN ACT, GOVERNMENT CODE SECTION 54953, ALL VOTES SHALL BE BY ROLL CALL DUE TO COUNCIL MEMBERS PARTICIPATING BY TELECONFERENCE. MEMBERS OF THE PUBLIC MAY VIEW A VIDEO BROADCAST OF THE MEETING BY: Internet: https://www.ssf.net/government/city-council/video-streaming-city-and-council-meetings/city-council Local cable channel: Astound, Channel 26 or Comcast, Channel 27 Page 2 City of South San Francisco Printed on 11/16/2020 May 27, 2020City 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. 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. RICHARD A. GARBARINO, Mayor MARK ADDIEGO, Vice Mayor MARK NAGALES, Councilmember BUENAFLOR NICOLAS, Councilmember KARYL MATSUMOTO, Councilmember ROSA GOVEA ACOSTA, City Clerk FRANK RISSO, City Treasurer MIKE FUTRELL, City Manager SKY WOODRUFF, City Attorney 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 3 City of South San Francisco Printed on 11/16/2020 May 27, 2020City Council Regular Meeting Agenda CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE AGENDA REVIEW ANNOUNCEMENTS FROM STAFF PRESENTATIONS Presentation by the San Mateo County Office of Elections in preparation of the City’s November 2020 District Elections (Jim Irizarry, Assistant Assessor-County Clerk-Recorder & Assistant Chief Elections Officer) 1. Recitation of a proclamation recognizing June as National Safety Month in South San Francisco, honoring and thanking our community's frontline medical professionals and healthcare workers who are caring for COVID-19 patients and their families. (Richard Garbarino, Mayor) 2. Recitation of a proclamation declaring June as LGBTQ Pride Month in South City and paying tribute to the 1969 Stonewall Uprising in Manhattan. (Richard Garbarino, Mayor) 3. REMOTE PUBLIC COMMENTS Members of the public wishing to participate are encouraged to submit public comments in writing in advance of the meeting by 6:00 p.m. on Wednesday, May 27th. Public comments must identify the Agenda Item Number in the SUBJECT Line of the email. The comments will be read into the record, with a maximum allowance of 3 minutes per individual comment, subject to the Mayor's discretion. All comments should be a maximum of 500 words, which corresponds to approximately 3 minutes of speaking time. If a comment is received after the agenda item is heard but before the close of the meeting, the comment will still be included as a part of the record of the meeting and read into the record. Comments that are not in compliance with the City Council's rules of decorum may be summarized for the record rather than read verbatim. The email and phone line below will be monitored during the meeting. Page 4 City of South San Francisco Printed on 11/16/2020 May 27, 2020City Council Regular Meeting Agenda Email: all-cc@ssf.net Members of the public wishing to participate are encouraged to submit public comments in writing in advance of the meeting by 6:00 p.m. on Wednesday, May 27th. Public comments must identify the Agenda Item Number in the SUBJECT Line of the email. The comments will be read into the record, with a maximum allowance of 3 minutes per individual comment, subject to the Mayor's discretion. If a comment is received after the agenda item is heard but before the close of the meeting, the comment will still be included as a part of the record of the meeting and read into the record. City Council Hotline: (650) 829-4670 Voice Messages will be monitored during the meeting and read into the record. We ask that you limit your voicemail to comply with the 3 minute time limitation for public comment. Page 5 City of South San Francisco Printed on 11/16/2020 May 27, 2020City Council Regular Meeting Agenda COUNCIL COMMENTS/REQUESTS CONSENT CALENDAR Motion to approve the Minutes for the meetings of March 25, 2020 and April 8, 2020.4. Report regarding a resolution rejecting all bids for the Water Quality Control Plant and Pump Station Coating and Corrosion Protection Project, Phase One (Project No. ss1307 & ss1901), authorizing the City Manager to reject all bids on behalf of the City (Brian Schumacker, Water Quality Control Plant Superintendent and Peter Vorametsanti, Engineering Division Consultant) 5. Resolution rejecting all bids for the Water Quality Control Plant and Pump Station Coating and Corrosion Protection Project Phase One, (Project No. ss1307 & ss1901). 5a. Report regarding a resolution approving an Outside Sewer Service Agreement with the owners of 340 Alta Vista Drive (APN # 013-121-040), and authorizing the City Manager to execute the agreement for recordation. (Jason Hallare, Senior Civil Engineer) 6. Resolution approving an Outside Sewer Service Agreement with the property owners of 340 Alta Vista Drive (APN # 013-121-040), and authorizing the City Manager to execute the agreement for recordation. 6a. Report regarding a resolution authorizing an agreement between the San Mateo County Library and the South San Francisco Public Library to provide staffing for the Big Lift Inspiring Summers program in South San Francisco and approving Budget Amendment 20.043 accepting up to $9,209 in reimbursement funding. (Valerie Sommer, Library Director) 7. Resolution authorizing an agreement between the San Mateo County Library and the South San Francisco Public Library to provide staffing for the Big Lift Inspiring Summers program in South San Francisco and approving Budget Amendment 20.043 accepting up to $9,209 in reimbursement funding. 7a. Report regarding a resolution authorizing the acceptance of $3,750 in grant funding from the California Library Association to support Pop-up Library Programming at local non-library community meal “grab and go lunch” sites and approving Budget Amendment 20.046. (Valerie Sommer, Library Director) 8. Resolution authorizing the acceptance of $3,750 in grant funding from the California Library Association to support Pop-Up Library Programming at South San Francisco summer meals “grab and go” sites and approving Budget Amendment 20.046. 8a. Page 6 City of South San Francisco Printed on 11/16/2020 May 27, 2020City Council Regular Meeting Agenda Report regarding a resolution approving purchase agreements for the furnishing of bulk process chemicals at the Water Quality Control Plant for the fiscal year 2020-21; and authorizing the City Manager to execute the necessary agreements. (Brian Schumacker, Water Quality Control Plant Superintendent). 9. Resolution approving purchase agreements for the furnishing bulk process chemicals at the Water Quality Control Plant for fiscal year 2020-21; and authorizing the City Manager to execute the necessary agreements. 9a. Report regarding a resolution authorizing the acceptance of $5,000 in grant funding from the California State Library in crisis collection funding to address the increased demand for e-resources as library buildings are closed and approving Budget Amendment 20.045. (Valerie Sommer, Library Director) 10. Resolution authorizing the acceptance of $5,000 in grant funding from the California State Library in crisis collection funding to address the increased demand for e-resources as library buildings are closed and approving Budget Amendment 20.045. 10a. Report regarding adoption of an Ordinance amending Title 20 of the South San Francisco Municipal Code to modify regulations pertaining to Accessory Dwelling Units. (Gaspare Annibale, Associate Planner & Stephanie Skangos, Associate Planner) 11. Ordinance amending Title 20 (Zoning) of the South San Francisco Municipal Code pertaining to accessory dwelling units. 11a. Report regarding a resolution to approve one-year extensions to the Memorandums of Understanding between the City of South San Francisco and AFSCME Local 829, Teamsters Local 856 (Confidential Unit and Mid-Management Unit), and IUOE Local 39, including a three percent (3%) wage increase effective July, 2020 (Leah Lockhart, Human Resources Director) 12. Resolution to approve one-year extensions to the Memorandums of Understanding between the City of South San Francisco and AFSCME Local 829, Teamsters Local 856 (Confidential and Mid-Management Units), and IUOE Local 39 including a three percent (3%) wage increase effective July, 2020. 12a. Report regarding a resolution amending an existing agreement with the County of San Mateo for continued facilitation and coordination of animal control and licensing services for an additional one-year term beginning July 1, 2020 through June 30, 2021, and authorize the City Manager to execute the amendment. (Sharon Ranals, Assistant City Manager) 13. Page 7 City of South San Francisco Printed on 11/16/2020 May 27, 2020City Council Regular Meeting Agenda Resolution amending an existing agreement with the County of San Mateo for a one-year extension of animal control services beginning July 1, 2020 through June 30, 2021 for an additional annual amount not to exceed $708,050, and authorizing the City Manager to execute the amendment. 13a. ADMINISTRATIVE BUSINESS Report regarding a resolution amending the existing landscape maintenance services agreement with Brightview Landscape Services, Inc. of Menlo Park, California for citywide landscape maintenance services in order to extend the term of the agreement by twelve months beginning July 1, 2020 through June 30, 2021 for an additional amount not to exceed $583,146, for a total amount not to exceed $1,749,438. (Greg Mediati, Deputy Director of Parks and Recreation) 14. Resolution amending the existing landscape maintenance services agreement with Brightview Landscape Services, Inc. of Menlo Park, California for citywide landscape maintenance services in order to extend the term of the agreement by twelve months beginning July 1, 2020 through June 30, 2021 for an additional annual amount not to exceed $583,146, for a total amount not to exceed $1,749,438. 14a. Report regarding a resolution approving and authorizing the City Manager to execute various Consulting Services Agreements for On-Call Architectural, Engineering and Other Professional Services for various approved City-funded projects in the amount not to exceed $300,000 per fiscal year per agreement with selected consultant. (Jeffrey Chou, Associate Civil Engineer) 15. Resolution approving and authorizing the City Manager to enter into various consulting services agreements for on-call architectural, engineering, and other professional services for various City-funded projects in an amount not to exceed $300,000 per fiscal year for a three year period per agreement with selected consultants. 15a. ITEMS FROM COUNCIL – COMMITTEE REPORTS AND ANNOUNCEMENTS CLOSED SESSION Conference with Real Property Negotiators (Pursuant to Government Code Section 54956.8) Properties: 201 Baden Avenue (APN 012-335-100 and APN 012-335-110) City Negotiators: Julie Barnard, Economic Development Coordinator Negotiating Parties: City of South San Francisco and Firehouse Work, LLC and Habitat for Humanity Greater San Francisco. Under Negotiation: Review of Price and Terms 16. Page 8 City of South San Francisco Printed on 11/16/2020 May 27, 2020City Council Regular Meeting Agenda ADJOURNMENT Page 9 City of South San Francisco Printed on 11/16/2020 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-202 Agenda Date:5/27/2020 Version:1 Item #:1. Presentation by the San Mateo County Office of Elections in preparation of the City’s November 2020 District Elections (Jim Irizarry, Assistant Assessor-County Clerk-Recorder & Assistant Chief Elections Officer ) City of South San Francisco Printed on 5/22/2020Page 1 of 1 powered by Legistar™ 5/27/2020 1 SAN MATEO COUNTY NOVEMBER 3, 2020 ELECTION OVERVIEW AND CITY OF SOUTH SAN FRANCISCO REDISTRICTING OFFICE OF MARK CHURCH CHIEF ELECTIONS OFFICER & ASSESSOR-COUNTY CLERK-RECORDER REGISTRATION & ELECTIONS DIVISION OFFICE OF MARK CHURCH CHIEF ELECTIONS OFFICER & ASSESSOR-COUNTY CLERK-RECORDER REGISTRATION & ELECTIONS DIVISION 2 Presentation Overview • March Election Review • November Election Planning a. November Election Statistics b. Vote Center Locations c. Covid-19 Public Health and Safety d. Curbside Dropoffs e. Ballot Drop Box Locations f. Recruitment and Staffing g. Elections Technology – ePollbooks, BallotTrax h. Voter Education & Outreach i. City of South San Francisco Redistricting 2 III. IV. a. b. c. d. e. f. g. h. II. I. Government Code Section 54957.5 SB 343 Agenda: 5/27/2020 Item #1 5/27/2020 2 3 March Primary Election Overview 153 Candidates Filed (72 local) 83 seats up for election (41 on Ballot) 19 Jurisdictions on Ballot 34 Contests/Offices (19 on Ballot) Election Overview 4 March 3, 2020 Statistics - Countywide Vote Center and Ballot Drop Boxes 42 Vote Centers • 30-Day Vote Centers: 3 • 11-Day Vote Centers: 6 • 4-Day Voter Centers: 33 • Pop-Up Vote Centers: 3 33 Drop Box Locations • 24/7 Exterior Boxes: 8 Voting Equipment • Ballot Marking Tablets: 478 • ePollBooks: 227 • Mobile Ballot Printers: 123 5/27/2020 3 5 5 March 3, 2020 Presidential Primary Review Eligible Turnout: 45% 7%increase from June 5th highest increase among California’s 58 counties Voting & Turnout Ballots cast: 228,291 Registered voters: 416,827 Turnout: 54.8% Ballot Styles (All Languages): 1,110 Total Reporting Precincts: 341 0-1% 15-30% 30-45% 45-60% 60-75% >=75% 1-15% 6 Election Overview November General Election Overview 163 seats up for election 93 Jurisdictions on Ballot 90 Contests/Offices zz 250 Estimated Candidates 5/27/2020 4 7 November 3, 2020 Statistics - Countywide 45 Vote Centers 33 Drop Box Locations Total number of vote centers and drop box locations subject to change in number of registered voters and future Executive Orders Vote Center and Ballot Drop Boxes 8 8 COVID-19 Public Health & Safety Plexiglass shields to separate voters and staff at every Vote Center Staff to disinfecting equipment after each use Security monitors to monitor and enforce social distancing at high traffic VCs Appointment scheduling for candidate filing and petition drop off Candidate filing papers drop box NetFile electronic filing service All VC staff provided masks, gloves, face shields Social distancing markers to keep voters apart from one another 5/27/2020 5 9 Vote Center Social Distancing 6 ft. 10 Curbside Dropoff Curbside voting allows the voter to drop off their ballot in a drive-thru style setting. The locations for curbside voting depends on whether the facility has ample space to allow a steady flow of traffic that can be easily managed and safely conducted by our vote center staff. Large parking spots and/or long stretches of road adjacent to the vote center facility are ideal spaces to conduct curbside voting. P • William E. Walker Rec Center (Foster City) • St. Peter’s Catholic (Pacifica) • Arrillaga Family Rec Center (Menlo Park) • Emergency Operations Centers (Half Moon Bay, Belmont) • Hillsborough Town Hall • Millbrae Community Center Examples of Curbside 5/27/2020 6 11 Social distancing concerns will prompt more interest in outdoor Drop Boxes Locations like senior centers and schools might not be the safest locations to place a Drop Box Locations that anticipate changing their hours drastically might not be dependable locations either Our ballot retrievers will be instructed to wear masks when entering Drop Box locations Exterior Drop Boxes 12 23 142 144 251 273 379 466 469 559 637 664 866 1091 1,376 1,645 1,794 2,168 2,607 2,650 3,343 4,561 8,888 0 1000 2000 3000 4000 5000 6000 7000 8000 9000 La Honda Portola Valley Brisbane Woodside Atherton Menlo Park Colma Millbrae Half Moon Bay East Palo Alto Pescadero Pacifica San Bruno Hillsborough San Carlos Burlingame Daly City Redwood City Belmont Foster City South San Francisco San Mateo Ballot Drop Box Statistics – Primary Election 5/27/2020 7 13 California Elections Code requires that we strap down our Drop Boxes We can install a D-Hook very quickly if you do not have anything that we can strap the box to. Coordinate as early as possible to avoid delays. Drop Box Security 14 Elections Technology BlueCrest Vantage Mail Sorter Tenex Electronic Poll Books OPEX Corporation Mail Desks Democracy Suite Voting System & High-speed Scanner New Voter Lookup Software Upgrades to our Help Desk / Call Center Elections Technology 5/27/2020 8 15 Voter Education & Outreach – Primary Election 5,735,554 impressions from ads on side of SamTrans buses 1,347,027 online ads 875,396 postcards mailed 337,932 video ad impressions on mobile phone web content 162,388 Facebook impressions 142,857 OTT (Apple TV, Roku, etc.) impressions 89,996 audio streaming ad impressions 325 radio ads 304 television ads 30 newspaper ads 16 Voter Education and Outreach Materials available in English, Spanish, Chinese, Tagalog & Tongan Posters, flyers, handouts & bookmarks LAHI E NGAAHI ‘AHO, LAHI MO E FOUNGA KE KE FILI AI! ¡MÁS DÍAS, MÁS MANERAS PARA VOTAR! MORE DAYS, MORE WAYS TO VOTE! MAS MARAMING ARAW, MAS MARAMING PARAAN UPAN BUMOTO! 5/27/2020 9 17 Background: Redistricting California Voting Rights Act (2001) CVRA Provides legislative framework for district elections. At-Large Elections Voters from entire jurisdiction choose all Councilmembers By-District Elections • Maps required to divide City into separate districts • Candidate must reside in district they represent • Voters can only vote in the district they reside in 18 Guidelines for Redistricting Process Jurisdictions are responsible for developing maps and boundaries of districts. Coordinate with Elections at the earliest opportunity to meet deadlines Educate candidates and voters on the change to district elections. 5/27/2020 10 19 South San Francisco Precincts: At-Large 20 South San Francisco Council: By-District 5/27/2020 11 21 South San Francisco School and Special Districts 22 Recruitment 300 Student Democracy Ambassadors November 2020 Staffing Goal: 300 Vote Center Representatives 5/27/2020 12 23 Questions & Answers Information on November General Election: www.smcvote.org Assessor-County Clerk- Recorder & Elections: www.smcacre.org City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-329 Agenda Date:5/27/2020 Version:1 Item #:2. Recitation of a proclamation recognizing June as National Safety Month in South San Francisco, honoring and thanking our community's frontline medical professionals and healthcare workers who are caring for COVID- 19 patients and their families. (Richard Garbarino, Mayor) City of South San Francisco Printed on 5/22/2020Page 1 of 1 powered by Legistar™ Dated: May 27, 2020 IN RECOGNITION OF JUNE AS NATIONAL SAFETY MONTH May 27, 2020 WHEREAS, annually, the National Safety Council recognizes June as National Safety Month, which this year will look a little different than in past years, and includes more education on mental health, ergonomics, building a safety culture and more; and WHEREAS, now more than ever given the current state of the world, safety is critical and the impact of COVID-19 is prompting employee wellness programs to look more closely at mental health; and WHEREAS, accidental injury has become the number three cause of death for the first time in U.S. history, and based on new injury statistics, an American is accidentally injured every second and killed every three minutes by a preventable event; and WHEREAS, the goal of the National Safety Council is to raise public awareness and seek opportunities to educate Americans about these alarming and preventable mishaps through education; and WHEREAS, workplace safety requires the cooperation of all levels of government, business, and industry, as well as the general public; and WHEREAS, implementing health and safety programs can improve the City of South San Francisco’s business performance and contribute to the local economy and job force; and WHEREAS, through the support and observance of National Safety Month, employers help to reverse the increase in accidental injuries and deaths; and WHEREAS, the City of South San Francisco supports national safety efforts and has taken a proactive stance in providing a safe and healthy work environment for its employees through the formation of the Central Safety Committee; and WHEREAS, the Central Safety Committee, under the guidance of the Human Resources Department, work to assure the safety of all City of South San Francisco employees by setting and enforcing standards; providing training; outreach, and education; and encouraging continual improvement in workplace safety and health. NOW, THEREFORE, BE IT RESOLVED that Mayor Richard Garbarino and the City Council of the City of South San Francisco do hereby proclaim June as National Safety Month and encourage all employees and citizens to participate in raising their awareness in the practice of safe and healthy behaviors in all aspects of their lives. ________________________________ Richard Garbarino, Mayor ________________________________ Mark Addiego, Vice Mayor ________________________________ Karyl Matsumoto, Council Member ________________________________ Mark Nagales, Council Member ________________________________ Buenaflor Nicolas, Council Member City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-330 Agenda Date:5/27/2020 Version:1 Item #:3. Recitation of a proclamation declaring June as LGBTQ Pride Month in South City and paying tribute to the 1969 Stonewall Uprising in Manhattan. (Richard Garbarino, Mayor) City of South San Francisco Printed on 5/22/2020Page 1 of 1 powered by Legistar™ Dated: May 27, 2020 IN RECOGNITION OF JUNE AS LGBTQ PRIDE MONTH May 27, 2020 WHEREAS, as we celebrate and declare June as Pride month in California, we are reminded of what makes California great – our remarkable capacity to live together and advance together across every conceivable difference; and WHEREAS, this June, we stand with the lesbian, gay, bisexual, transgender, and queer (LGBTQ)community of California and the City of South San Francisco as they declare their pride in who they are and who they love; and WHEREAS, this month commemorates the events of June 1969 when an uprising was staged in New York City at the Stonewall Inn against the police harassment of LGBTQ persons; and WHEREAS, in 1999, President William Jefferson “Bill” Clinton, our nation’s 42nd President, issued the first Gay and Lesbian Pride Month proclamation. This historic action marked, as the President said, the Stonewall Uprising and the birth of the modern gay and lesbian civil rights movement. In the proclamation, President Clinton encouraged all Americans to observe this month with appropriate programs, ceremonies, and activities that celebrate our diversity, and to remember throughout the year the gay and lesbian Americans whose many and varied contributions have enriched our national life; and, WHEREAS, this community has worked tirelessly for respect and equality. Their battles have been fought in the courts, from marriage equality to demanding equal protection under the law; and WHEREAS, while there has been remarkable progress towards acceptance and equality in recent years, members of the LGBTQ community in the United States and around the world still face an unacceptable level of discrimination and violence; and WHEREAS, in South San Francisco we celebrate and support our LGBTQ community’s right to live their lives out loud – during Pride month and every month. As we celebrate Pride across the State of California, we must continue to demand equal rights for all. NOW, THEREFORE, BE IT RESOLVED that Mayor Richard Garbarino and the City Council of the City of South San Francisco do hereby proclaim June as LGBTQ Pride Month by flying the Pride flag at the South San Francisco City Hall and illuminating the building in rainbow colors. ________________________________ Richard Garbarino, Mayor ________________________________ Mark Addiego, Vice Mayor ________________________________ Karyl Matsumoto, Council Member ________________________________ Mark Nagales, Council Member ________________________________ Buenaflor Nicolas, Council Member City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-363 Agenda Date:5/27/2020 Version:1 Item #:4. Motion to approve the Minutes for the meetings of March 25, 2020 and April 8, 2020. City of South San Francisco Printed on 5/22/2020Page 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 #:20-277 Agenda Date:5/27/2020 Version:1 Item #:5. Report regarding a resolution rejecting all bids for the Water Quality Control Plant and Pump Station Coating and Corrosion Protection Project, Phase One (Project No. ss1307 & ss1901), authorizing the City Manager to reject all bids on behalf of the City (Brian Schumacker, Water Quality Control Plant Superintendent and Peter Vorametsanti, Engineering Division Consultant) RECOMMENDATION Staff recommends that the City Council adopt a resolution rejecting all bids for the Water Quality Control Plant and Pump Station Coating and Corrosion Protection Project,Phase One (Project No. ss1307 & ss1901) and authorizing the City Manager to reject all bids on behalf of the City. BACKGROUND/DISCUSSION On April 24,2019,the South San Francisco City Council voted to invest in recoating programs at the South San Francisco -San Bruno Water Quality Control Plant and associated pump stations.These phased industrial coatings programs will help to improve the longevity of wastewater facilities and prolong the useful life of the metal system assets. Staff advertised a notice inviting bids for Phase One on February 21 and February 28,2020.Staff and engineers held a non-mandatory pre-bid meeting on March 4,2020,with eight (8)contractors in attendance.On April 2, 2020, staff received the following two (2) bids in response. Base Bid Amount Redwood Painting Co. Inc. of Pittsburg, California $ 741,330.79 Euro Style Management of N. Highland, California $1,020,642.79 The Engineer’s estimate of probable cost was $475,000 The complexity of Phase One requires a multiple week shutdown of the plant’s dewatering facilities so that industrial coatings contractors can recoat the interior and exterior assets.The duration of the closure requires the rental of a temporary dewatering system.Staff reviewed the bids,comparing the individual bid items with those in the Engineer’s probable cost estimate.Bid item prices were higher than estimated,particularly in the temporary dewatering system rental costs. Staff will work with the designer to revise the contract scope of work to include more specific requirements for the temporary dewatering system. Per Public Contract Code Section 20166,a public entity retains the discretion to reject all bids it receives on a given project and re-advertise. Staff recommends rejecting all bids. City of South San Francisco Printed on 5/22/2020Page 1 of 2 powered by Legistar™ File #:20-277 Agenda Date:5/27/2020 Version:1 Item #:5. FUNDING There is no impact to the current CIP budget. CONCLUSION Staff recommends that the City Council adopt a resolution rejecting all bids for the Water Quality Control Plant and Pump Station Coating and Corrosion Protection Project, Phase-1 (Project No. ss1307 & ss1901). City of South San Francisco Printed on 5/22/2020Page 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 #:20-278 Agenda Date:5/27/2020 Version:1 Item #:5a. Resolution rejecting all bids for the Water Quality Control Plant and Pump Station Coating and Corrosion Protection Project Phase One, (Project No. ss1307 & ss1901). WHEREAS,the City of South San Francisco (City)co-owns and operates the South San Francisco/San Bruno Water Quality Control Plant (WQCP)located at 195 Belle Air Road,and sewer and stormwater pump stations and, WHEREAS,the City implemented a protective coatings program to improve the longevity of aging and degrading wastewater facilities and prolong the useful life of the system components,meet service expectations and regulatory requirements, and safeguard the system’s safety and reliability. WHEREAS,on February 21 and 28,2020,staff issued a Notice Inviting Bids for the Water Quality Control Plant and Pump Station Coating and Corrosion Protection Project Phase One,(Project No.ss1307 &ss1901), and on April 2, 2020, staff received two (2) bids in response; and WHEREAS,the bids received were substantially higher than the engineer’s estimate and the project construction budget; and WHEREAS,pursuant to Public Contract Code Section 20166,a public entity retains the discretion to reject all bids it receives on a given project and re-advertise; and WHEREAS;the City has determined that it will need to review and revise the contract scope of work and then rebid the project. NOW,THEREFORE,BE IT RESOLVED,by the City Council of the City of South San Francisco that the City Council hereby rejects all bids for the Water Quality Control Plant and Pump Station Coating and Corrosion Protection Project Phase One (Project No. ss1307 & ss1901). ***** City of South San Francisco Printed on 5/29/2020Page 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 #:20-299 Agenda Date:5/27/2020 Version:1 Item #:6. Report regarding a resolution approving an Outside Sewer Service Agreement with the owners of 340 Alta Vista Drive (APN #013-121-040),and authorizing the City Manager to execute the agreement for recordation. (Jason Hallare, Senior Civil Engineer) RECOMMENDATION It is recommended that the City Council adopt a resolution approving an Outside Sewer Service Agreement with the owners of a residential property at 340 Alta Vista Drive (APN #013-121-040),and authorizing the City Manager to sign the agreement on behalf of the City of South San Francisco and to record the agreement in the San Mateo County official records. BACKGROUND/DISCUSSION: The City has received a request from Robert Wong and Sharon Cheong-Wong,owners of an assisted living facility at 340 Alta Vista Drive,to authorize a building expansion and sewer flow increase from the property to the City of South San Francisco’s sanitary sewer system.The proposal before the City Council is for the City to authorize the requested sewer connections subject to the terms and conditions in the agreements and to authorize the execution of said agreements. Location The property is located within the unincorporated portion of San Mateo County (“County”),commonly known as Country Club Park subdivision.The Property is within the City’s Sphere of Influence.There are approximately 56 parcels within this unincorporated area,which falls under the jurisdiction of the County. Country Club Park is designated low density residential in the San Mateo County general plan and is zoned R-E (Rural Estates)in the County’s code,which requires ¾acre per lot and allows certain large animals,such as horses and llamas.Homes in the area typically lack sidewalks,curb,and gutter.With a few exceptions,these properties utilize septic systems and are not connected to the City’s sewer system or any other sewer system. This creates potential public health problems such as lack of accessible street frontage,aging and overloading septic tanks and leaving residents without effective sewer service. Property and Permit History The property currently has an existing sewer permit issued by the City in 1994 (see Attachment 1)and has an existing sewer connection via the sanitary sewer main location in Dorado Way.The existing permit was authorized by the City Council in 1994 and allows for a 35-resident convent and sanctuary.Furthermore,the existing permit states that any other type of facility would need to obtain City approval for sewer service.In 2012 the County approved,with the City’s support,a Use Permit to convert the property to a 26-bed assisted living facility on the condition that an Outside Sewer Service Agreement be executed for any sewer flows in excess of the prior approved uses. The property proposes to expand the facility to 53-beds and increasing the sewer flow generated by the property.Since this expansion exceeds the capacity and flow authorized by the 1994 and 2012 approvals,the increase of sewer flow is subject to the condition that an Outside Sewer Service Agreement be executed.Staff has reviewed the proposal and recommends proceeding with the Outside Sewer Service Agreement. City of South San Francisco Printed on 5/21/2020Page 1 of 4 powered by Legistar™ File #:20-299 Agenda Date:5/27/2020 Version:1 Item #:6. Outside Sewer Service Agreement In order to help residents of this area eliminate obsolete septic systems and move forward with property improvements prior to annexation of the County Club Park area to the City,the City has entered into several Outside Sewer Service Agreements with various property owners in this area to permit them to connect to the City’s sewer system.Over the years,the City has identified several significant concerns regarding allowing properties outside of the City’s jurisdictional boundaries to connect to its sewer system, which are: ·Property owner,as they are located outside the City’s boundaries,may potentially object to annexation or oppose the City’s efforts to explore annexation of their property area; ·The property owner must be required to pay the full cost of a sewer line extension; ·Property owners must agree to pay the cost of upgrading their property to include sidewalk,curb,and gutter either at the time the connection is made,or in the future if annexation of the area occurs,in order to bring the public facilities serving their property up to the City’s standards; and ·Property owners must share equitably in the future costs associated with providing sewer service for the larger unincorporated area. An outside sewer service agreement has been prepared to address these concerns as outlined below.The City Attorney’s Office has prepared an Outside Sewer Service Agreement for the property at 340 Alta Vista Drive, attached to the accompanying resolution as Exhibit A.The proposed agreement will be executed with the property owners Robert Wong and Sharon Cheong-Wong,and the terms of the agreement have been reviewed and accepted by them.The agreement will also be recorded against the property and bind subsequent property owners to comply with the same terms. The agreement provides that the property and its owner will be bound by the following provisions: 1.Owner consents to future annexation and waives any right to protest such annexation of this property to the City, if and when this occurs; 2.Owner agrees to pay a pro rata share of any future area-wide sewer improvements within the County Club Park subdivision associated with providing wastewater service to this area which intends to proportionately allocate the costs of future area-wide sewer improvements based on the sewer flow on those improvements from the property; 3.Upon future annexation,or sooner,the owner shall upgrade the streetscape for their property to the City’s standards.This cost is currently estimated at $262,000 and the Owner may either construct the upgraded streetscape pursuant to a Deferred Improvement Agreement (attached to the Outside Services Agreement as an exhibit), or pay the public improvements cost for the construction of the upgrades; 4.Owner agrees to pay a one-time sewer connection fee of $7,653.13; 5.Owner agrees to pay a yearly sewer service charge (estimated at approximately $4,265 per year,with anticipated annual increases of approximately $85 per year); 6.Owner will make a deposit of $9,542 toward an administrative fee of to reimburse the City for staff time to review, process and prepare the application and agreement; 7.Agreement will bind future owners of the property and will be recorded in the County records; 8.Owner agrees that all future development conforms to the relevant height,aircraft noise,and safety policies and compatibility criteria contained in the most recently adopted version of the San Mateo County Comprehensive Airport Land Use Plan for the environs of San Francisco International Airport. City of South San Francisco Printed on 5/21/2020Page 2 of 4 powered by Legistar™ File #:20-299 Agenda Date:5/27/2020 Version:1 Item #:6. Typically,changes to the provision of public services in unincorporated areas would be under the jurisdiction of the San Mateo Local Agency Formation Commission (LAFCo);however,since the property has an existing Sewer Permit from 1994 prior to LAFCo’s formation, LAFCo approval is not required in this case. Staff notes that the City’s General Plan has a policy that Country Club Park should be annexed into the City. Because of piecemeal annexations in the past and the difficulty in providing service and requiring improvements,another policy provides that no portion of the area should be annexed unless the entire area is annexed.Annexation of this area has not occurred since the current General Plan was approved in 2001. Depending upon specific circumstances,the owners of properties on septic systems may not be able to obtain permits from the County to expand or tear down and replace homes unless they can hook up to a sanitary sewer system,leaving these owners unable to significantly improve their properties.Given the changing conditions related to aging septic systems,housing demands,sewer capacity,provision of city services,and population growth,staff will move forward to further study and re-evaluate the annexation policy during the current General Plan renewal process. It is important to note that this application is not for annexation,only for permission to increase the property’s sewer flow on the City’s sanitary sewer system.Other properties in the interior of the area are not near existing sewer lines; to extend sewer lines to these homes is a much more expensive proposition. CEQA: Sewer extensions are generally categorically exempt from CEQA pursuant to Section 15302,Class 2(c), Replacement or reconstruction of existing utility systems and/or facilities involving negligible or no expansion of capacity.Furthermore,Section 15303,Class 3(d),allows “water main,sewage,electrical,gas and other utility extensions,including street improvements,of reasonable length to serve such construction”,which would include “construction and location of limited numbers of new,small facilities or structures”.Thus,the proposed sewer flow increase likely would be exempt under these provisions as well.Here,since the subject property is located outside South San Francisco’s jurisdiction,the proposed construction and development on these lots will be required obtain planning permits from San Mateo County and comply with San Mateo County Planning requirements.As the lead agency,the County will be responsible for further evaluating future development of these lots,including determining compliance with California Environmental Quality Act (CEQA) regulations. FISCAL IMPACT: Pursuant to the terms of the agreement,City staff time will be fully compensated by the property owner- applicants through payment to the City of a $9,542 administrative fee.Annual revenue of approximately $750 per year from each property will be generated for the Sewer Fund. RELATIONSHIP TO STRATEGIC PLAN This action furthers the initiative of Community Connections by enabling these owners to develop their properties and one day to become residents of South San Francisco when the area is annexed in the future. CONCLUSION By adopting resolution to approve an Outside Sewer Service Agreement with Robert Wong and Sharon Cheong -Wong for an increased flow into the City’s sewer system at 340 Alta Vista Drive in the unincorporated Country Club Park area,the owners would be able to obtain building permits from the County of San Mateo to expand the size of the existing assisted living facility.This action will also secure the owners’agreement not to oppose City of South San Francisco Printed on 5/21/2020Page 3 of 4 powered by Legistar™ File #:20-299 Agenda Date:5/27/2020 Version:1 Item #:6. the size of the existing assisted living facility.This action will also secure the owners’agreement not to oppose future annexation. Staff recommends the Council approve the agreement. Attachments: 1.1994 Sewer Permit 2.Vicinity Map 3.Site Plan 340 Alta Vista Drive City of South San Francisco Printed on 5/21/2020Page 4 of 4 powered by Legistar™ ATTACHMENT 1 ALTA VISTA DRHAZELWOOD DRNORTHWOOD DR A L I D A W Y WILDWOOD DRMANOR DRAVALON DRCOUNTRY CLUB DRBRENTWOOD DRE L C A M I N O R E A L D O R A D O W YPONDEROSA RD P I N E H U R S T W Y E L C O R T E Z A V E R A M O N A A V E P I S A C T M A YW O O D W YCASTILE WY SPRINGWOOD WAY B L O N D I N W Y TAYLOR DRM O S SW O O D W Y K E NW O O D W Y D A N A C T 2 0 1 2 0 1 2 0 0 2 0 0 2 0 2 2 0 2 2 0 9 2 0 9 2 1 0 2 1 0 2 1 7 2 1 7 2 2 2 2 2 2 2 2 9 2 2 9 2 2 6 2 2 6 2 3 3 2 3 32 4 1 2 4 1 2 3 6 2 3 6 2 4 9 2 4 9 2 4 8 2 4 8 2 5 9 2 5 9 2 5 2 2 5 2 2 6 3 2 6 3 2 6 2 2 6 2 2 7 1 2 7 1 2 7 0 2 7 02 8 0 2 8 0 2 8 5 2 8 5 2 8 8 2 8 8 2 8 9 2 8 92 9 7 2 9 7 3 0 0 3 0 0 3 1 2 3 1 2 3 0 5 3 0 5 3 4 1 3 4 13 5 3 3 5 3 3 5 0 3 5 0 2 9 6 2 9 6 2 6 4 2 6 4 2 5 4 2 5 4 2 3 8 2 3 8 2 2 6 2 2 6 2 2 2 2 2 2 2 2 2 2 2 2 2 0 8 2 0 8 2 0 5 2 0 5 2 1 7 2 1 7 2 1 9 2 1 9 2 2 3 2 2 3 2 3 5 2 3 5 2 3 7 2 3 7 2 4 5 2 4 5 2 5 7 2 5 7 2 5 5 2 5 52 6 5 2 6 52 7 5 2 7 52 8 1 2 8 1 3 8 6 3 8 6 3 8 2 3 8 2 3 6 6 3 6 6 3 5 4 3 5 4 3 7 5 3 7 5 3 8 5 3 8 5 4 1 3 4 1 3 3 4 0 3 4 0 2 8 0 2 8 0 2 0 9 2 0 9 2 9 9 2 9 9 .0 500 1,000250Feet Existing ParcelSewer LateralExisting CitySewer MainDORADO WAY(SMC R.O.W.)ALTA VISTA DRIVE(SMC R.O.W.)on-site piping assumedEXPANSION340 ALTA VISTAAVALONPARK City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-300 Agenda Date:5/27/2020 Version:1 Item #:6a. Resolution approving an Outside Sewer Service Agreement with the property owners of 340 Alta Vista Drive (APN # 013-121-040), and authorizing the City Manager to execute the agreement for recordation. WHEREAS,the City has received a request from Robert Wong and Sharon Cheong-Wong,owners of the assisted living facility at 340 Alta Vista Drive (APN 013-121-040)(the “property”),to authorize a sewer flow increase from the property to the City of South San Francisco’s (“City”) sanitary sewer system; and WHEREAS,the property is located within the unincorporated portion of San Mateo County (“County”), commonly known as the Country Club Park subdivision,which is outside the jurisdictional boundaries of the City but inside the City’s sphere of influence; and WHEREAS,the property currently receives sewer service from the City pursuant to a Sewer Service Permit, recorded on April 4, 1994 (San Mateo County Recorder Permit No. 94059479) (“1994 Sewer Permit”); and WHEREAS,the 1994 Sewer Permit authorizes the property to discharge into the City’s sanitary sewer system for a flow capacity of a single family dwelling,a convent and accessory building for approximately 35 residents and a sanctuary,but requires sewer connections for any other types of facility be subject to additional City approval; and WHEREAS,the owner desires to expand the facility to a 53-bed assisted living facility,which would exceed the previously permitted sewer flow under the 1994 Sewer Permit; and WHEREAS,in order to assist residents of the County Club Park area eliminate obsolete septic systems and move forward with related property improvements prior to annexation of the area to the City,the City has entered into several outside sewer service agreements with various property owners in this area to permit them to connect to the City’s sewer system subject to certain conditions of cost-sharing,infrastructure construction and consent to future annexation; and WHEREAS,the Outside Sewer Service Agreement (“Agreement”),attached hereto and incorporated herein as Exhibit A,addresses issues relating to extending sewer service to unincorporated County area such as waiving future protests against proposed annexation,payment of sewer connection and service fees,cost-share of public improvements and additional sewer facilities needed to serve the area,and construction and maintenance of a sewer lateral for the property; and WHEREAS, the Agreement has been reviewed and accepted by the property owners; and WHEREAS,staff recommends approval of the Agreement to be executed with the property owner of 340 Alta Vista Drive (APN # 013-121-040). City of South San Francisco Printed on 5/29/2020Page 1 of 2 powered by Legistar™ File #:20-300 Agenda Date:5/27/2020 Version:1 Item #:6a. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council approves an Outside Sewer Service Agreement,attached hereto and incorporated herein as Exhibit A, to be executed with the property owner at 340 Alta Vista Drive (APN # 013-121-040). BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the agreement on behalf of the City of South San Francisco and to make minor amendments and modifications thereto that do not substantially alter the terms of the agreement or increase the City’s obligations,subject to approval by the City Attorney, and to record the agreement in the San Mateo County official records upon execution. BE IT FURTHER RESOLVED that the resolution shall become effective immediately upon its passage and adoption. ******* City of South San Francisco Printed on 5/29/2020Page 2 of 2 powered by Legistar™ 3514939.1 Recorded at the Request of, and Return to: City Clerk City of South San Francisco 400 Grand Avenue South San Francisco, CA 94080 Exempt from Recording Fees per G.C. secs. 6103, 27383 Re: APN: 013-121-040 OUTSIDE SEWER SERVICE AGREEMENT RECITALS WHEREAS, the City of South San Francisco, California, a municipal corporation (“City”) owns and operates public sewer facilities within its boundaries; and, WHEREAS, _____________________________________ (“Owner”) are the owners of property located at 340 Alta Vista Drive County of San Mateo (“Parcel”), which property is outside the boundaries of the City and is therefore not entitled to connect to or use City’s sewer facilities, but is within the City’s Sphere of Influence as defined under state law; and, WHEREAS, the property is identified as APN 013-121-040 by the San Mateo County Assessor; and, WHEREAS, the Parcel is currently serviced by the City pursuant to a Sewer Service Permit dated February 2, 1994, recorded against the Parcel and identified in the County of San Mateo Recorder’s Office file as Permit No. 94059479 (the “1994 Sewer Permit”), attached hereto and incorporated herein as Exhibit A; and WHEREAS, the 1994 Sewer Permit authorizes the Parcel to connect to the City’s sewer facilities for the discharge into the City’s sanitary sewer system for flow capacity of a single family dwelling, a convent and accessory building for approximately 35 residents and a sanctuary; and WHEREAS, the 1994 Sewer Permit specifies that that discharge from any other type of facility requires City approval; and WHEREAS, Owner currently operates a 26-resident senior living facility on the Parcel, which sewer discharge is within the flow capacity permitted by the 1994 Sewer Permit; and WHEREAS, Owner desires to expand said facility to accommodate 53 residents, which sewer discharge would exceed the permitted flow capacity under the 1994 Sewer Permit; and 3514939.1 WHEREAS, Owner desires the Parcel to receive additional sewer services from the City for the proposed facility expansion; and, WHEREAS, City has agreed to provide additional sewer services and permit the additional flow capacity from the Parcel subject to the terms and conditions of this Outside Sewer Services Agreement (“Agreement”); and WHEREAS, on _____________________, the City Council of the City adopted a Resolution approving this Agreement; and WHEREAS, Owner understands that any future annexation to the City is subject to any and all City rights and determinations, whether legislative, quasi-judicial, administrative, or however characterized, with respect to any proposed annexation of the Parcel to the City. Now, therefore, City and Owner agree as follows: AGREEMENT Owner is hereby authorized to connect to City’s sewer line, located within the right of way running along Dorado Way, subject to the following conditions: 1. Consent to Future Annexation. In the event the Parcel shall be proposed for annexation to the City, Owner hereby consents to said annexation, and hereby waives Owner’s rights to protest such annexation pursuant to the provisions of law governing such annexations. a. Taxes or Other Charges. In the event annexation of the Parcel to the City shall be duly approved by all agencies having jurisdiction thereof, Owner agrees that the Parcel shall be subject to any and all general, special, extraordinary, or additional taxes or assessments, or any and all general, special extraordinary, or additional service charges, fees, or rates, levied against, imposed upon, or otherwise pertaining to the Parcel by any and all agencies, including the City, having jurisdiction thereof in the same fashion as other like property located within the territorial limits of the City. 2. Improvements in the Event of Annexation. If a request for annexation is approved by the San Mateo Local Agency Commission (“LAFCo”) the Parcel is annexed to the City of South San Francisco, Owner, on behalf of themselves, their successors and assigns, agrees to comply with either of the following conditions: a. Design and construct public improvements including sidewalk, curb and gutter improvements for the Parcel. Accordingly, Owner shall, upon the request of City an in a form provided by the City, execute a subsequent Deferred Improvement Agreement guaranteeing the construction of such public improvements and compliance with other permitting, security, and regulatory requirements for constructing the improvements. A form Deferred Improvement Agreement template is attached to this Agreement as Exhibit B and incorporated herein by this reference. The City and Owner, or the successor owner of the Parcel if Owner no longer owns the property at the time of annexation, shall meet and confer at the time of the 3514939.1 proposed annexation to determine the applicable City standards, and requirements for constructing public improvements for the Parcel. Or, alternatively, b. Pay for the design and construction of public improvements including sidewalk, curb and gutter improvements for the Parcel, by paying a one-time charge, hereafter called a “public improvements fee,” for the purpose of funding construction of said improvements from the property to the centerline of the street or roadway, covering one-half of the street or roadway. The public improvements fee shall be a figure representing the cost of constructing such improvements from the property to the centerline of the street or roadway. Thus, as an example only, if the cost for constructing a sidewalk, driveways, curbs, gutters, two-inch grind overlay to the centerline, design costs, and contingency for a property is estimated to be $244 per foot, the cost of constructing said improvements would be approximately $51,500. 3. Owner, on behalf of themselves, their administrators, heirs, assigns, and transferees, agrees to pay a pro-rata share of construction of new sewer facilities installed, owned and operated by City, if the City secures the funding for such facilities, for the purpose of providing sewer service to the area, including the Parcel, known as Country Club Park. a. Accordingly, Owner agrees to participate in an assessment district to fund construction of new sewer facilities serving the Parcel, or b. Alternatively, pay a one-time charge, hereinafter referred to as the “frontage fee”, for the purpose of funding construction of said new facilities. The frontage fee shall be a figure representing one-half of the cost of said improvements, apportioned to each parcel served in a pro rata fashion, and then applied to individual parcels according to the amount of each parcel’s frontage to the City’s facilities, measured in lineal feet. Thus, as an example only, if the frontage fee were established in the amount of $244 per foot, a parcel that has 100 feet of frontage will pay $24,400. 4. Owner agrees to pay a one-time sewer capacity fee and a sewer services fee as follows: a. Owner will be charged, and shall pay, (1) a one-time sewer capacity fee for the proposed increase in flow; and (2) an annual sewer service charge, both under then- applicable schedules of rates and charges, as may be amended from time to time. b. Should Owner fail or refuse to pay the sanitary sewer charges required herein on or before the due date, the City may elect to collect said charges by commencement of a suit within 30 days after demand for payment and Owner shall pay all costs of the suite and reasonable attorney’s fees incurred therewith. As an alternative remedy, the City may require Owner to disconnect from the City’s sanitary sewer system at Owner’s sole cost and expense. 5. The sewer connection and subsequent service provided under this Agreement is limited to existing legal lots of record as of _____________________, or lots existing on the Parcel as of the date of this Agreement, whichever is fewer. City is under no obligation to provide additional hookups or service to subsequently created lots on the Parcel. This requirement is not intended 3514939.1 to prohibit a lot line adjustment, so long as it does not result in creation of lots exceeding in number the lots which existed on the Parcel on _____________________, or lots existing on the Parcel as of the date of this Agreement, whichever is fewer. 6. The Owner shall pay for all City costs in connection with preparing and processing this Agreement, and with processing the Owner’s application for sewer services. The Owner shall deposit with the City $5,000 to cover initial cost and pay the remainder of any costs over $5,000 prior to recordation of the Agreement by the County of San Mateo. The deposit shall not be refundable if Owner withdraws the application after making the deposit. 7. Owner shall conform to the current City standards for sewer lateral construction, maintenance and inspection including those set forth under South San Francisco Municipal Code Chapter 14.14, most currently in effect and as may be amended from time to time, between the City main and the Parcel. Owner shall be responsible for the costs necessary to perform any inspections, testing, repairs, reconstruction, replacement, and/or clean out installation as required by the City Engineer to conform the sewer lateral to current City standards. 8. For all future developments and constructions on the Parcel, Owner agrees to conform to the relevant height, aircraft noise, and safety policies and compatibility criteria contained in the most recently adopted version of the San Mateo County Comprehensive Airport Land Use Plan for the environs of San Francisco International Airport. 9. Owner shall and does hereby agree to hold the City, its officers, agents and employees free and harmless from any claim or action arising out of this Agreement, and the said connection to the City’s sanitary system and/or the connection into the City’s sanitary sewer system, and owner shall and does hereby agree to defend any or all such claims and actions and to indemnify the City for any losses sustained as a result thereof. 10. The covenants and conditions contained in this Agreement shall inure to the benefit of and bind the respective parties hereto and their successors, heirs, assigns, and transferees, and all covenants shall apply to and run with the land. 11. City and Owner agree that a copy of this Agreement shall be recorded with the County recorder of San Mateo County to give constructive notice of its terms, and that this Agreement shall not be effective until such recording. 12. This Agreement represents the final expression of the parties hereto with respect to the included terms and as a complete and exclusive statement of the terms of the Agreement. No modification of this Agreement shall be effective unless and until such modification is evidenced by a writing signed by both parties. 13. CAPTIONS. Paragraph headings as used herein are for convenience only, and shall not be deemed to affect the meaning or intent of the paragraph headed thereby. IN WITNESS WHEREOF, the parties have executed this Agreement, as of the date set forth below. 3514939.1 CITY OF SOUTH SAN FRANCISCO ___________________________________ Charles Michael Futrell, City Manager ATTEST ___________________________________ Rosa Acosta, City Clerk APPROVED AS TO FORM ___________________________________ City Attorney PROPERTY OWNER(S) ____________________________________ (signature) ______________________, Property Owner (printed name) ____________________________________ (signature) ______________________, Property Owner (printed name) EXHIBIT A Recorded at the Request of, and Return to: Exempt from Recording Fees per G.C. secs. 6103, 27383 Re: APN: ____________________________ DEFERRED IMPROVEMENT AGREEMENT FOR OUTSIDE SEWER SERVICES This Deferred Improvement Agreement (“Agreement”) is made and entered into this ________ day of ______________, 2019 (“Effective Date”), by and between City of South San Francisco (hereinafter the "City"), and______________ (hereinafter "Owner"). The City and the Owner are collectively referred to herein as the “Parties.” R E C I T A L S A.Owner owns certain real property located in the City of South San Francisco, County of San Mateo, State of California, commonly referred to as APN: _______________. The parcel is hereinafter referred to as the “Subject Property”. B.The Subject Property is outside the boundaries of the City and is therefore not entitled to connect to or use City’s sewer facilities, but it is within the City’s sphere of influence as defined by state law. C.The Owner desires to utilize the Subject Property’s existing sewer connection in order to receive sewer services from the City, and the City and Owner have executed an Outside Sewer Service Agreement, attached hereto and incorporated as Exhibit A. D.A condition pursuant to the Outside Sewer Service Agreement for the Subject Property require the Owner to complete the following public improvements: _________________________________________________________________________ (hereinafter the “Improvements”) upon annexation of the Subject Property to the City. Owner shall be responsible for the cost of designing and constructing the Improvements when requested by the City as outlined in Section 2 below. E.City requires Owner to enter into this Agreement to ensure that the Improvements shall be designed and constructed by Owner pursuant to the terms hereof upon annexation of the Subject Property to the City. City also requires Owner to obtain all EXHIBIT B necessary permits for access and construction of the Improvements, and to enter into any other necessary agreements to allow for the construction of the Improvements. F. Owner is willing to enter into this Agreement to design and construct the Improvements at a later date upon annexation of the Subject Property to the City, and under the terms and conditions set forth herein. A G R E E M E N T NOW, THEREFORE, BE IT AGREED as follows: 1. RECITALS. The foregoing recitals are true and correct and are incorporated into this Agreement by this reference. 2. IMPROVEMENTS TO BE CONSTRUCTED. Owner agrees to design and construct or cause to be constructed the Improvements outlined in Recital D above. The Improvements shall conform to all applicable local, state and federal laws, and standards in effect at the time of construction, and shall be completed in a manner satisfactory to the City Manager or designee. 3. TIME OF CONSTRUCTION. Owner’s obligation to design and construct or cause to be constructed the Improvements shall commence upon a request for annexation is approved by the San Mateo Local Agency Commission (“LAFCO”) and the Subject Property is annexed to the City of South San Francisco. Upon annexation of the Subject Property, Owner shall design and construct or cause to be constructed the Improvements within the time set forth in a written demand from the City Manager or designee, who shall have the sole and exclusive right and power to determine the date at which construction of the Improvements shall commence and be completed; provided, however, that Owner shall be given at least _____ days after notification to complete the work. 4. COST OF CONSTRUCTION. The Improvements shall be designed and constructed at the sole cost and expense of Owner, and Owner shall pay such connection, inspection, and other fees as shall at the time be required by any ordinance and resolutions of the City. The total estimated cost of construction is _______________ ($______________), which includes costs of constructing the Improvements and for inspection, testing, permits, and City administration. 5. APPROVAL BY THE CITY. All work required under this Agreement shall be subject to inspection by the City and shall not be deemed complete until the City has indicated in writing that the Improvements have been completed in a satisfactory manner and in accord with all applicable local, state, and federal standards then in effect. Notwithstanding the foregoing, City inspection, approval or acceptance of the Improvements shall not relieve the Owner of its obligations to fulfill this Agreement as provided herein, nor shall the City be estopped from bringing any action for damages arising from Owner’s failure to comply with the terms and conditions of this Agreement. 6. ONE YEAR REPAIR AND WARRANTY PERIOD. For a period of one year from the date the City approves the completed Improvements, Owner agrees to maintain the Improvements and repair any defects or unsatisfactory work to the reasonable satisfaction of the City Engineer. The City shall provide written notice of any repair or correction work which, in the reasonable opinion of the City Engineer, must be completed. If within the one- year period Owner fails, refuses or neglects to complete any such repairs or corrections within 30 days of receipt mailing by Owner of written notice from the City, or such reasonably longer period if the repair or correction work cannot be reasonably completed within such 30 day period, the City may complete the work and recover the reasonable cost and expense of doing so from Owner, including proceeding against the security posted by Owner as required in section 6 below. 7. SECURITY a. Owner will be required, prior to commencing construction of the Improvements and at the sole discretion of City, to execute and deliver to City the following bonds: (1) Faithful Performance Bond. Owner shall submit a corporate surety bond in the amount of 100% of the total estimated cost of construction of the Improvements indicated in Section 3, guaranteeing the faithful performance of this Agreement. The bond shall be executed as surety by a corporation authorized to issue surety bonds in the State of California and shall be in a form and with a surety approved by the City Attorney. Any additions, alterations or modifications to this Agreement or the plans and specifications including any extension of time within which the Improvements may be completed, shall not release or exonerate the surety(ies) on the bond. (2) Labor and Materials Bond. Owner shall submit a corporate surety bond in the amount of 100% of the total estimated cost of construction of the Improvements as indicated in Section 3, guaranteeing the payment of all persons for labor or materials furnished in the construction of the Improvements. The bond shall be executed as surety by a corporation authorized to issue surety bonds in the State of California and shall be in a form and with a surety approved by the City Attorney. (3) Maintenance Bond. Before the City’s acceptance of the Improvements, Owner shall deposit with the City either cash or an acceptable corporate surety bond in the amount of 50% of the estimated cost of construction of the Improvements indicated in Section 3, as security for maintenance of the Improvements and to guarantee the Improvements against any defective work or labor done, or defective materials used in the work. b. As a part of the obligation guaranteed by the security, and in addition to the full amount of the security, there shall be included costs and reasonable expenses and fees, including attorneys’ fees, incurred by the City in enforcing the obligations secured. 8. OWNER'S WARRANTY. The undersigned warrants to City that Owner is the sole titleholder to the Subject Property, and that the signatory is authorized to execute this Agreement on behalf of the Owner. 9. ENCROACHMENT PERMIT; OTHER PERMISSIONS; PREVAILING WAGES. a. Encroachment permit. For any work done in the public right-of-way, Owner shall obtain an encroachment permit from the City and shall, at its sole cost, furnish the City with the required certificates of insurance and endorsements for review and approval by the City before the start of any work, and shall maintain insurance throughout the duration of the Agreement. Owner will obtain any and all other permits that may be required to complete the Improvements, including, but not limited to, permits from __________________. b. Prevailing wages. If it is determined that Owner is required to pay prevailing wages for the work performed under this Agreement, the Owner shall pay all penalties and wages as required by law. 10. HOLD HARMLESS. To the fullest extent permitted by law, Owner shall hold harmless and, upon request, promptly and fully protect, defend and indemnify City and its officers, agents, and employees from any liability or claims, including any actions at law or equity, for personal injury, including death, to any person or damage to any property arising out of the acts or omissions of Owner or of any officer, agent or employee of Owner or any contractor or subcontractor of Owner during (i) the construction or subsequent use of the Improvements, or (ii) caused in whole or in part by any activity authorized or required by this Agreement, or the performance or nonperformance of the work. 11. DEFAULT. a. Owner shall be deemed to be in default of this Agreement if Owner or any officer, agent or employee of Owner fails to comply with any of the provisions of this Agreement and to remedy such failure within ten (10) calendar days of receipt of written notice from City specifying the nature of such failure. The determination as to whether such default has occurred shall be made by the City Manager or designee. b. If the default relates to a failure of Owner to complete the Improvements in accordance with the terms of this Agreement, City may, after first giving the Owner at least ten (10) days prior written notice of its intent to do so, elect to construct or arrange for the construction of the Improvements on behalf of and at the expense of Owner. Should City elect this option, City shall be entitled to recover from Owner the actual cost to City of completing the Improvements, plus an administrative fee of 5% of the actual cost. City shall make a written demand for such costs and fee on or after the time the Improvements are deemed complete. In the event Owner fails to pay the costs and fee so demanded within ten (10) days of receipt of the demand, the amount of the costs and fee shall become a personal obligation of the Owner and a lien against the Subject Property. City may enforce such a lien by judicial foreclosure or any other proceeding authorized by law. If the Subject Property is subdivided at the time the lien is imposed, the amount of the lien shall be divided proportionately among the various parcels. c. In the event that City serves a notice of default upon Owner’s surety, Owner’s surety shall have the duty to take over and complete the Improvements herein specified; provided, however, that if the surety, within five (5) days after such notice by City fails to provide City with a written acknowledgment that the surety will take over and complete such Improvements, then by further written notice to the surety by City, City may elect to take over the work and prosecute the same to completion, by contract or by any other method City may deem advisable, for the account and at the expense of the Owner and Owner's surety. Owner and Owner's surety shall be liable to the City for any cost or damages occasioned City thereby, including those costs and reasonable expenses including attorneys’ fees; and in such event, City, without liability for so doing, may take possession of, and utilize in completing the Improvements, such materials, appliances, plans and other property belonging to Owner as may be on the site of the work and necessary therefore. 12. ATTORNEY FEES. Should it become necessary for either party hereto to institute legal action against the other to enforce any part of this Agreement or any lien arising thereunder, all reasonable costs and expenses incurred by the prevailing party in successfully enforcing this Agreement or lien shall be paid by the non-prevailing party, including reasonable attorney fees. All such costs, expenses and fees shall be taxed as costs and included in any judgment rendered, and may also become a lien on the Subject Property. 13. AGREEMENT BINDING ON SUCCESSORS IN INTEREST. The provisions of this Agreement are for the benefit of the Subject Property as well as for the protection of the health, safety, and welfare of the residents of the City. For this reason, such provisions are intended to bind, and shall bind the heirs, executors, administrators, grantees and any other assignees or successors in interest of the Owner; and any burden imposed by such provisions shall run with the Subject Property. 14. RECORDATION. Immediately following execution, this Agreement shall be recorded by City in the Official Records of the County Recorder of the County of San Mateo. 15. NOTICES. All notices given by City to Owner pursuant to Paragraphs 2 and 10 of this Agreement shall be by personal service or sent by certified or registered mail, return receipt requested, with delivery restricted to addressee only. The date of delivery on the return receipt shall be conclusive upon all parties to this Agreement. All other notices, demands, requests, consents, approvals or communications that either party desires or is required by this Agreement to give to the other shall be in writing and either served personally or sent by prepaid, first-class mail. Notice mailed in this manner shall be conclusively deemed communicated within forty-eight (48) hours from time of mailing. Either party may change its address by notifying the other party in writing. Until notification of such change has been received, all notices sent under this Paragraph shall be addressed as follows: Owner: xxx Attn: xxx xxx xxx City: City of South San Francisco Attn: xxx xxx 16. INTERPRETATION. The parties agree that they have carefully reviewed this Agreement, have consulted independent counsel if they saw fit or have independently elected not to do so. The doctrine that any ambiguities in a contract are to be resolved against the drafting party, shall not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. This Agreement shall be interpreted and construed according to the domestic laws of the State of California, without regard to the choice of law doctrine. 17. SEVERABILITY. If any part, term, or provision of this Agreement is held by any court to be unlawful and void, the validity of the remaining portions shall not be affected and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term or provision held to be invalid. 18. MODIFICATION. This Agreement may be modified or amended only with the prior written consent of the parties, or their successors in interest. Such modifications and amendments shall be executed with the same formality as this Agreement, shall be recorded, and shall be interpreted as provided in this Agreement. 19. EFFECTIVE DATE. This Agreement shall become effective on the date of execution, which shall be deemed to be the date first written above. 20. QUITCLAIM DEED. Upon performance of Owner’s obligations under this Agreement, City agrees, if requested by Owner, to execute, acknowledge and deliver a quitclaim deed to Owner within thirty (30) days after performance and to execute, acknowledge and deliver any other documents required by any title company to remove the cloud of this Agreement from the title to the Subject Property. IN WITNESS WHEREOF, the parties hereto have hereunto executed this Agreement on the date hereinafter indicated. [SIGNATURES ON THE FOLLOWING PAGE] CITY ____________________________________ Charles Michael Futrell, City Manager ATTEST ____________________________________ Rosa Acosta, City Clerk APPROVED AS TO FORM ____________________________________ City Attorney Owner ____________________________________ [NAME], Property Owner 3380057.1 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-344 Agenda Date:5/27/2020 Version:1 Item #:7. Report regarding a resolution authorizing an agreement between the San Mateo County Library and the South San Francisco Public Library to provide staffing for the Big Lift Inspiring Summers program in South San Francisco and approving Budget Amendment 20.043 accepting up to $9,209 in reimbursement funding. (Valerie Sommer, Library Director) RECOMMENDATION It is recommended that the City Council adopt a resolution authorizing an agreement between the San Mateo County Library and the South San Francisco Public Library to provide staffing for the Big Lift Inspiring Summers (BLIS) program in South San Francisco and approve Budget Amendment 20.043. BACKGROUND/DISCUSSION The Big Lift is a bold social venture intent on transforming early learning.The venture combines high-quality and connected learning experiences for San Mateo County preschool to third grade students.This early learning transformation is focused on literacy,reducing chronic absence and summer learning loss,as well as engaging families and the broader community to support both home and school learning. BLIS is the portion of the program focused on retaining academic progress through the summer break.This four-week,full day program includes reading,science and art projects,fun and games for children entering kindergarten,1st,2nd and 3rd grade.This year,the BLIS program will be held at Spruce and Los Cerritos Elementary Schools but modified to meet San Mateo County Health ordinances posed by the Coronavirus: COVID-19.How the program will be delivered and taught is fluid and flexible as stakeholders,SSFUSD and San Mateo County Library discuss the best way to provide an engaging summer program,while keeping children, families and staff safe. To support this important program,South San Francisco Public Library will provide one Site Coach for the Spruce Elementary School site.The Site Coach will work with the principals,teachers and facilitators in each SSF BLIS school to implement a cutting-edge curriculum to ignite youth to have self-confidence,explore,be creative, problem solve, and develop a love of learning. FISCAL IMPACT Funds will be used to amend the Library Department’s current FY 2019-2020 Operating Budget per Budget Amendment 20.043 and unexpended funds will be carried forward to FY2020-2021.Receipt of these funds does not commit the City to ongoing funding. RELATIONSHIP TO STRATEGIC PLAN This agreement supports the Strategic Plan initiative under Priority #2:Improving Quality of Life for South San Francisco residents by strengthening learning programs. CONCLUSION Approval of the contract will enable Library staff to participate in the BLIS program,providing an opportunity for SSF children to retain academic and social program during the summer break.It is recommended that the City of South San Francisco Printed on 5/22/2020Page 1 of 2 powered by Legistar™ File #:20-344 Agenda Date:5/27/2020 Version:1 Item #:7. for SSF children to retain academic and social program during the summer break.It is recommended that the City Council authorize an agreement between the San Mateo County Library and the SSF Public Library and approve Budget Amendment 20.043 accepting up to $9,209 in reimbursement funding. City of South San Francisco Printed on 5/22/2020Page 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 #:20-345 Agenda Date:5/27/2020 Version:1 Item #:7a. Resolution authorizing an agreement between the San Mateo County Library and the South San Francisco Public Library to provide staffing for the Big Lift Inspiring Summers program in South San Francisco and approving Budget Amendment 20.043 accepting up to $9,209 in reimbursement funding. WHEREAS,the City of South San Francisco (“City”)Library Department supports early childhood education; and WHEREAS,the Big Lift Inspiring Summers (BLIS)program reduces learning loss during summer break for kindergarten through third grade students; and WHEREAS,the Library Department will work in partnership with the San Mateo County Library to provide BLIS programming at Spruce Elementary School; and WHEREAS,San Mateo County Library shall reimburse the Library for providing staffing to support the program in an amount not to exceed $9,209; and WHEREAS, receipt of these grant funds does not commit the City to ongoing funding; and WHEREAS,the foregoing funds will be used to amend the Library Department’s Fiscal Year (FY)2019-20 Operating Budget. NOW,THEREFORE,BE IT RESOLVED that the City Council of the City of South San Francisco does hereby authorize the City to enter into an agreement with the San Mateo County Library and approve Budget Amendment 20.043 to amend the Library Department’s FY 2019-2020 Operating Budget in order to reflect an increase of $9,209. ***** City of South San Francisco Printed on 5/29/2020Page 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 #:20-346 Agenda Date:5/27/2020 Version:1 Item #:8. Report regarding a resolution authorizing the acceptance of $3,750 in grant funding from the California Library Association to support Pop-up Library Programming at local non-library community meal “grab and go lunch” sites and approving Budget Amendment 20.046. (Valerie Sommer, Library Director) RECOMMENDATION It is recommended that the City Council adopt a resolution authorizing the acceptance of $3,750 in grant funding from California Library Association to support Pop-up Library Programming at local non- library community summer meal sites and approving Budget Amendment 20.046. BACKGROUND/DISCUSSION The California Library Association supports learning enrichment activities such as STEAM programming,early learning nutrition education,summer reading and literacy programming.Grand Avenue Branch Library has been awarded $3,750 to support Pop-up Library Programming to enhance local non-library community summer meal “grab and go lunch”sites with library programming.The summer meals “grab and go lunch”sites provide children and teens in low-income communities with free and nutritious lunches through the USDA Summer Food Service Program.Due to the unprecedented challenge that the Coronavirus:COVID-19 has presented to the South San Francisco community and this program,the grantor has agreed to be flexible with the use of the funding.City staff intend to develop and distribute “Grab and Go STEAM Kits”in conjunction with the free summer meals “grab and go”program.The program details may change depending on the South San Francisco Unified School District’s free summer meals “grab and go”program,San Mateo County Health Department ordinances, and grantor’s feedback. FISCAL IMPACT Grant funds will be used to amend the Library Department’s current FY 2019-20 Operating Budget per Budget Amendment 20.046. Receipt of these funds does not commit the City to ongoing funding. RELATIONSHIP TO STRATEGIC PLAN Pop-up library programming will provide enhanced literacy programming,STEAM activities and early learning nutrition education for low-income families in the South San Francisco community through the USDA Summer Food Service Program.The strengthening of learning programs is an action item in the City Strategic Plan under Priority #2: Quality of Life. CONCLUSION Receipt of these funds will enable the Library to provide pop-up library programming at non-library community meal sites.It is recommended that the City Council accept $3,750 in grant funding and approving Budget Amendment 20.046. City of South San Francisco Printed on 5/22/2020Page 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 #:20-347 Agenda Date:5/27/2020 Version:1 Item #:8a. Resolution authorizing the acceptance of $3,750 in grant funding from the California Library Association to support Pop-Up Library Programming at South San Francisco summer meals “grab and go”sites and approving Budget Amendment 20.046. WHEREAS,the Library Department’s Five Year Strategic Plan includes a goal of strengthening learning programs; and WHEREAS,the California Library Association supports learning and enrichment activities such as STEAM programs, early learning nutrition education, summer reading and literacy programming; and WHEREAS,Grand Avenue Branch Library has been awarded $3,750 to support Pop-up Library Programming to enhance local non-library community summer meal “grab and go” sites with library programming; and WHEREAS,the $3,750 grant will enhance this year’s South San Francisco community summer meal “grab and go”sites which provide children and teens in low-income communities with free and nutritious lunches through the USDA Summer Food Service Program; and WHEREAS, funds will be used to develop and distribute “Grab and Go STEAM Kits”; and WHEREAS,program details may change depending on the South San Francisco Unified School District’s free summer meals “grab and go”program,San Mateo County Health Department ordinances,and grantor’s feedback; and WHEREAS,staff recommends the acceptance of grant funding in the amount of $3,750 from the California Library Association; and WHEREAS,the foregoing grant funds will be used to amend this year’s operating budget of the Library Department. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby accepts $3,750 in grant funding from the California Library Association,and amends the Library Department’s FY 2019-20 operating budget through Budget Amendment 20.046 in order to reflect an increase of $3,750. City of South San Francisco Printed on 5/29/2020Page 1 of 2 powered by Legistar™ File #:20-347 Agenda Date:5/27/2020 Version:1 Item #:8a. ***** City of South San Francisco Printed on 5/29/2020Page 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 #:20-348 Agenda Date:5/27/2020 Version:1 Item #:9. Report regarding a resolution approving purchase agreements for the furnishing of bulk process chemicals at the Water Quality Control Plant for the fiscal year 2020-21;and authorizing the City Manager to execute the necessary agreements.(Brian Schumacker, Water Quality Control Plant Superintendent). RECOMMENDATION Staff recommends that the City Council adopt a resolution approving the purchase agreements for the furnishing of bulk process chemicals for wastewater treatment for the fiscal year 2020-21 and authorize the City Manager to execute the necessary agreements. BACKGROUND/DISCUSSION Bulk quantities of chemicals are routinely used in several different processes to treat wastewater at the South San Francisco-San Bruno Water Quality Control Plant (WQCP).These bulk chemicals include disinfectants used to remove potential pathogens,coagulants used to remove solids,and chemicals used to neutralize chlorine during dechlorination.The City's practice is to procure these chemicals at the beginning of the fiscal year to establish guaranteed competitive prices for the entire fiscal year.Bulk suppliers deliver chemicals as needed to meet treatment demands. Section 4.04.040 of the South San Francisco Municipal Code (SSFMC)authorizes the City to take advantage of valid contract terms that have been negotiated by another governmental agency,where that agency had used a quote or bid process substantially conforming with SSFMC Chapter 4.04 and State law.The WQCP is a member of the Bay Area Chemical Consortium (BACC),along with over sixty participating public agencies. The BACC follows an open bid process for the combined purchase of bulk chemicals.Each member agency of the BACC receives a benefit of large quantity purchase pricing by integrating the volume of their agency's chemical needs with the needs of the rest of the consortium.Due to the combined bid solicitations for these agencies,each agency can purchase the chemicals at a lower price than if each agency solicited bids separately. Staff cannot precisely calculate as to the savings an agency receives by ongoing participation in the consortium; however,new members have generally reported a savings of up to 20 percent on chemical purchases after becoming a member of the BACC.Consistent with SSFMC 4.04.040,the City can rely on BACC negotiations for this procurement. Due to the COVID-19 health emergency,the BACC negotiated to extend pricing with the previous fiscal year's low bidders per bid document stipulations (Section 4.11): The term of the contract between the respective BACC agency and the successful bidder will be twelve (12)months commencing July 1,2019,and expiring June 30,2020,with an option to extend the contract on a year-to-year basis,not to exceed three (3)yearly renewals if conditions and service are City of South San Francisco Printed on 5/22/2020Page 1 of 3 powered by Legistar™ File #:20-348 Agenda Date:5/27/2020 Version:1 Item #:9. contract on a year-to-year basis,not to exceed three (3)yearly renewals if conditions and service are satisfactory to both the respective BACC agency and the successful bidder.The price for any succeeding periods of service shall be determined by negotiation between the respective BACC agency and the successful bidder. The BACC recommends awarding bulk chemical purchase agreements to the following companies based on pricing negotiations indicated below: Lowest Bidder Item Unit Cost Univar USA, Inc.Sodium Hypochlorite (12.5 percent),$0.698/gallon Univar USA, Inc.Sodium Bisulfite (25 percent),$1.135/gallon Thatcher Company Ferric Chloride (43 percent),$1.95/gallon City staff has reviewed these price quotes and concurs with the BACC recommendation.Each company agreed to honor the previous fiscal year's pricing,except for Thatcher.Thatcher's price increased from $1.86 to $1.95 per gallon because of the increased cost of raw materials. The BACC no longer facilitates the bidding process for the polymer.Staff successfully negotiated a bulk rate discount for polymer into FY 2020-21 for Polymers WE-527 and WE-983.Polydyne honored the previous fiscal year's pricing. Vendor Item Unit Cost Polydyne Polymer WE-984 $10.880/gallon Polydyne Polymer WE-527 $10.710/gallon RELATIONSHIP TO THE STRATEGIC PLAN The Water Quality Control Plant (WQCP)Division promotes public health and environmental stewardship. Continuing to fund bulk chemical purchases positively affects the quality of life for South San Francisco residents by protecting public health and safety. FISCAL IMPACT Plant management includes the cost for the purchase of bulk chemicals in the WQCP's annual operating budget. Specific quantities of bulk chemicals vary depending upon the occurrence of winter storms.Actual chemical use fluctuates.Plant management based chemical use forecasts on historical peak demand.The anticipated total cost for bulk chemicals (including sales tax)for FY 2020-21 is $1,204,235 (please see Attachment A for the cost breakdown). These estimated amounts are calculated based on single year highest use. CONCLUSION The WQCP routinely utilizes bulk quantities of chemicals for the treatment of wastewater.The WQCP is a member of the BACC and participates in bidding for the purchase of three chemicals necessary for the treatment of wastewater.Following the BACC's recommendations,the WQCP has drafted purchase agreements to procure the chemicals for FY 2020-21.Approval of the attached resolution will allow for the execution of the City of South San Francisco Printed on 5/22/2020Page 2 of 3 powered by Legistar™ File #:20-348 Agenda Date:5/27/2020 Version:1 Item #:9. to procure the chemicals for FY 2020-21.Approval of the attached resolution will allow for the execution of the contracts and the continued reliable operation of the WQCP. Staff recommends that the City Council adopt a resolution approving the purchase agreements for the furnishing of bulk process chemicals for wastewater treatment for fiscal year 2020-21 and authorize the City Manager to execute the necessary agreements. Attachments: 1.Attachment A - Cost Breakdown for Bulk Chemicals for FY 2020-2021 City of South San Francisco Printed on 5/22/2020Page 3 of 3 powered by Legistar™ Chemical Name Plant UseUnit TotalFerric Chloride Enhance Primary Treatment 50,000 $1.950 gallon$97,500Sodium Hypochlorite Disinfection450,000 $0.698 gallon $313,920Sodium Bisulfite Dechlorination325,000 $1.135 gallon $368,875WE-984 Enhance Primary Treatment 4,000 $10.880 gallon$43,520WE-527 Solids Dewatering26,000 $10.710 gallon $278,460Estimated Costs, no tax $1,102,275Tax 9.25%0.0925 101,960.44$1,204,235Total Estimated Costs Including Sales Tax Attachment #1Estimated Quantity FY 2020-2021 - Cost Breakdown City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-349 Agenda Date:5/27/2020 Version:1 Item #:9a. Resolution approving purchase agreements for the furnishing bulk process chemicals at the Water Quality Control Plant for fiscal year 2020-21; and authorizing the City Manager to execute the necessary agreements. WHEREAS,the City of South San Francisco uses bulk chemicals in its operation of the South San Francisco- San Bruno Water Quality Control Plant; and WHEREAS,Section 4.04.040 of the South San Francisco Municipal Code (SSFMC)authorizes the City to take advantage of valid contract terms that have been negotiated by another governmental agency,where that agency had used a quote or bid process substantially conforming with SSFMC Chapter 4.04 and State law; and WHEREAS,the City of South San Francisco joined the Bay Area Chemical Consortium (BACC)in 2012 to obtain the lowest possible pricing through joint leveraged purchasing; and WHEREAS,the BACC conducted a competitive bid process for bulk purchase of numerous chemicals for fiscal year 2019-20; and WHEREAS,the lowest responsive bids for the chemicals to be purchased through the BACC were Univar USA,Inc.for sodium bisulfite;Univar USA,Inc.for sodium hypochlorite;and Thatcher Company of California for ferric chloride; and WHEREAS,as a member of the BACC,the City of South San Francisco is entitled to purchase bulk chemicals from the BACC’s low bidders at the bid prices stated above; and WHEREAS,due to the COVID-19 health emergency,the BACC negotiated to extend pricing with the previous fiscal year's low bidders; and WHEREAS,the BACC no longer facilitates the bidding process for polymer and agencies must facilitate this process individually; and WHEREAS,City staff negotiated with Polydyne,Inc.,and that entity has agreed to discount pricing for twelve months for:SNF/Polydyne for WE-527 Polymer (solids dewatering)and SNF/Polydyne for WE-984 Polymer (enhance primary treatment); and WHEREAS,staff recommends the City enter into purchase agreements attached hereto and incorporated herein as Exhibits A,B and C,respectively with Univar USA,Thatcher Company of California,and Polydyne,Inc. through fiscal year 2020-21, for the respective process chemicals identified above. NOW,THEREFORE,BE IT RESOLVED,that the City Council of the City of South San Francisco hereby City of South San Francisco Printed on 5/29/2020Page 1 of 2 powered by Legistar™ File #:20-349 Agenda Date:5/27/2020 Version:1 Item #:9a. approves purchase agreements attached hereto as Exhibits A, B and C and incorporated herein: A.Draft Univar USA, Inc. for Sodium Bisulfite and Sodium Hypochlorite (“Exhibit A”) B.Draft Thatcher Company of California for Ferric Chloride (“Exhibit B”) C.Draft SNF/Polydyne for WE-527 Polymer and WE-984 Polymer (“Exhibit C”) BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the purchase agreements in substantially the same form as in Exhibits A,B and C,conditioned on timely execution by each vendor of the agreement and submission of all required documents and conformance with requirements related to the BACC Chemical Requirements for the fiscal year 2020-21 bid package,and subject to approval as to form by the City Attorney. BE IT FURTHER RESOLVED the City Manager is hereby authorized to take any other action necessary to further the intent of this resolution. ***** City of South San Francisco Printed on 5/29/2020Page 2 of 2 powered by Legistar™ -1- CONTRACT PURCHASING AGREEMENT FOR THE PURCHASE OF SODIUM HYPOCHLORITE SOLUTION AND SODIUM BISULFITE SOLUTION THIS AGREEMENT is made this 10th day of June, 2020, by and between the City of South San Francisco, California, hereinafter called the "CITY" and Univar USA Inc., 8201 South 212th Street, Kent, Washington, 98032-1994 hereinafter called the "SELLER", at South San Francisco, County of San Mateo, State of California. WHEREAS, THE City has determined a need for approximately 450,000 gallons annually of sodium hypochlorite (minimum 12.5 % chlorine solution) delivered in bulk load using tanker trucks to be used as a disinfecting agent for the treatment of wastewater. WHEREAS, THE City has determined a need for approximately 325,000 gallons annually of sodium bisulfite (minimum 25 % solution by weight) delivered in bulk load using tanker trucks to be used as a de-chlorinating agent for the treatment of wastewater. WHEREAS, THE SELLER has the capability of delivering the required volume of sodium hypochlorite (minimum 12.5% chlorine solution) in the amounts as required and in a timely manner. WHEREAS, THE SELLER has the capability of delivering the required volume of sodium bisulfite (minimum 25% solution by weight) in the amounts as required and in a timely manner. NOW, THEREFORE, in consideration of the mutual promises and agreements hereinafter set forth, the parties agree as follows: 1. Obligations: The CITY agrees to buy one hundred percent (100%) of the City’s annual volume requirement from the SELLER. SELLER agrees to sell, and deliver approximately 450,000 gallons of sodium hypochlorite solution (minimum available chlorine of 12.5% by weight) to the City in accordance with SELLER’S schedule of delivery. The CITY agrees to buy one hundred percent (100%) of the City’s annual volume requirement from the SELLER. SELLER agrees to sell, and deliver approximately 325,000 gallons of sodium bisulfite solution (minimum available 25% by weight) to the CITY in accordance with The SELLER’S schedule of delivery. 2. Shipping Terms: (a) SELLER shall ship each shipment of PRODUCT FOB Delivered. (b) All shipments of sodium hypochlorite and sodium bisulfite shall be accompanied with the following: i. Bill of Lading ii. Certified Analysis indicating Sodium Hypochlorite and Sodium Bisulfite CONTRACT PURCHASING AGREEMENT Page 2 iii. Weighmaster’s certificate of weight iv. Applicable regulatory documents 3. SELLER additionally agrees to comply with all provisions contained in City's specifications, which include a requirement that insurance be obtained in the type and amount set forth in the specifications and Section 14 below. 4. a) Purchase Price: The City agrees to pay to the SELLER, in accordance with the following: Product: Sodium Hypochlorite Solution (12.5% available chlorine by weight). Ship To: Water Quality Control Plant, 195 Belle Air Road, South San Francisco Ca. 94080 Unit Price exclusive of all taxes: $0.698/gallon $.0698/lb Quantity: approximately 450,000 gallons annually. Containers: PRODUCT delivered in bulk load (approximately 4,500 gallons per tanker truck/trailer load). b) Purchase Price: The City agrees to pay the SELLER, in accordance with the following: Product: Sodium Bisulfite Solution (25% available by weight). Ship to: Water Quality Control Plant, 195 Belle Air Road, South San Francisco Ca. 94080 Unit Price exclusive of all taxes: $1.135/gallon. $1.135/lb Quantity: approximately 325,000 gallons annually. Containers: delivered in bulk load, approximately 4,500 gallons per tanker truck/trailer load NTE: The total compensation for products purchased under this Agreement shall not exceed $682,795.00. 5. Taxes: SELLER shall pay all applicable federal, state, and local taxes which may be chargeable against the delivery of the PRODUCT listed herein. 6. Quantity: The quantity of PRODUCT received, and for which the CITY shall pay SELLER, shall be measured in wet pounds by SELLER’S scales. Any clears of shortage shall be deemed waived unless made in writing and received by SELLER within fifteen (15) days from CITY’S receipt of the shipment in question. Shortages of less than 1% of the net weight of PRODUCTs shall not be contested. The parties agree to exercise best efforts in good faith to resolve any discrepancies regarding the weight of any shipment. 7. Purchase Orders: The CITY shall issue purchase orders to SELLER authorizing the SELLER to provide the PRODUCTs in accordance with this agreement. SELLER will make its best efforts to ship PRODUCT within five (5) business days days after receiving the CITY’S purchase order. CONTRACT PURCHASING AGREEMENT Page 3 8. Pricing: The prices herein specified are firm for 12 months following execution of this agreement and includes all delivery costs. All prices are exclusive of tax and pesticide fee. All prices are effective based upon the shipment date of the PRODUCT. 9. Payment: The price for the PRODUCT shall be invoiced in United States currency and will be paid to the SELLER at the address indicated on the SELLER’S invoice. SELLER reserves the right, among other available remedies, either to cancel this contract or suspend further deliveries under this contract in the event the CITY fails to pay for any one shipment when payment becomes due and upon written notice of such failure, the CITY does not pay the balance. 10. Quality: The SELLER agrees that the PRODUCT supplied pursuant to this Agreement shall be free of sediment and solid particles and shall not contain anything that will adversely affect or interfere with normal operation of the City’s biological treatment processes or be injurious to the ferric chloride feeding equipment. SELLER further warrants that (A) all PRODUCT shall comply with the Specifications and be of good merchantable quality, fit for the purpose for which sold, (B) SELLER has good title to all PRODUCT delivered and all PRODUCT delivered are free from liens and other encumberances, and (C) SELLER’s delivery and installation of the PRODUCT will be in strict conformity with all applicable state, local and federal laws. The CITY shall be obligated to purchase only that PRODUCT which meets the Specifications and requirements listed above. Any claim that any PRODUCT does not meet Specifications or meet the CITY’s requirements shall be deemed waived unless made in writing and received by SELLER within fifteen (15) days from the CITY’S receipt of the PRODUCT in question. 11. Non-Conforming PRODUCT: SELLER shall immediately replace all PRODUCT not meeting Specifications, shall reimburse the CITY for the reasonable shipping costs associated with the CITY’S return of non-conforming PRODUCT, shall pay for the shipping costs associated with delivering to the CITY the replacement PRODUCT and shall be responsible for the disposal of any non-conforming PRODUCT and associated containers returned by the CITY. If SELLER, after notice of non- conformity, fails to proceed promptly to provide conforming product, the CITY may perform all work necessary to effectuate such replacement and recover the cost from SELLER. 12. PRODUCT Testing: SELLER shall analyze and retain a clearly-marked, representative sample from each shipment of PRODUCT. SELLER shall retain each sample and such sample's test results for three (3) months and, upon written request, shall provide such to the CITY. The parties agree to exercise best efforts in good faith to resolve any discrepancies between their respective test results regarding any sample and/or shipment. 13. Indemnity: Except for any loss, damage or expense arising solely from the gross negligence or willful misconduct of the CITY, or any employee, agent or independent contractor of the CITY SELLER shall, to the fullest extent permitted by law, indemnify, defend and hold harmless the CITY and its officers, employees, agents and independent contractors (“CITY INDEMNITEES”), from and CONTRACT PURCHASING AGREEMENT Page 4 against any and all claims, loss, damage or expense, including reasonable attorney's fees, arising from or relating to, or caused by the performance of SELLER under this Contract. 14. Insurance: Prior to beginning the Work and continuing throughout the term of this Agreement, SELLER shall, at SELLER’S sole cost and expense, furnish the CITY with certificates of insurance evidencing that SELLER has obtained and maintains insurance in the following amounts: A. Workers’ Compensation that satisfies the minimum statutory limits. B. Commercial General Liability and Property Damage Insurance in an amount not less than ONE MILLION DOLLARS ($1,000,000) combined single limit per occurrence, TWO MILLION DOLLARS ($2,000,000) annual aggregate, for bodily injury, property damage, products, completed operations and contractual liability coverage. The policy shall also include coverage for liability arising out of the use and operation of any CITY-owned or CITY-furnished equipment used or operated by the SELLER, its personnel, agents or subcontractors. C. Comprehensive automobile insurance in an amount not less than ONE MILLION DOLLARS ($1,000,000) per occurrence for bodily injury and property damage including coverage for owned and non- owned vehicles. All insurance policies shall be written on an occurrence basis and shall name the CITY INDEMNITIEES as additional insureds and any CITY insurance shall be secondary and in excess to SELLER’s insurance. If the SELLER’s insurance policy includes a self-insured retention that must be paid by a named insured as a precondition of the insurer’s liability, or which has the effect of providing that payments of the self-insured retention by others, including additional insureds or insurers do not serve to satisfy the self-insured retention, such provisions must be modified by special endorsement so as to not apply to the additional insured coverage required by this agreement so as to not prevent any of the parties to this agreement from satisfying or paying the self-insured retention required to be paid as a precondition to the insurer’s liability. Additionally, the certificates of insurance must note whether the policy does or does not include any self-insured retention and also must disclose the deductible. The CITY Risk Manager, in writing, may approve a variation in the foregoing insurance requirements. A valid and executed approval by Risk Manager must accompany this Purchase Agreement for a variation to be binding. 15. 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 Purchase Agreement, shall be not less than the prevailing rate for a day’s work in the same trade or occupation in the locality within the state where the work hereby contemplates to be performed as determined by the Director of Industrial Relations pursuant to the Director’s authority under Labor Code Section 1770, et seq. Each laborer, worker or mechanic employed by SELLER or by any subcontractor shall receive the wages herein provided for. The SELLER CONTRACT PURCHASING AGREEMENT Page 5 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 SELLER to each worker. An error on the part of an awarding body does not relieve the SELLER 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 SELLER 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 SELLER. 16. Damage To City Facilities: Damage to CITY or public facilities or private property caused by the SELLER in the delivery of the PRODUCT shall be repaired and/or replaced in kind by the SELLER at no cost to the CITY. 17. Force Majeure/Hardship/Other Sources: If the CITY’S ability to take or SELLER’S ability to deliver the PRODUCT is impaired due to circumstances beyond reasonable control, including but not limited to fire, flood, Government action, accident, labor disputes or shortage, or inability to obtain from normal sources raw material, equipment, or transportation, the one so affected shall be excused without liability from taking or making delivery to the extent of such impairment. If SELLER’S ability to deliver PRODUCT is reduced due to any such circumstance, SELLER may reduce the contract quantity in any year upon written notice to the CITY if SELLER deems such reduction necessary to effect a fair allocation of the PRODUCT to users/purchasers thereof, in which case the CITY’S obligation to purchase PRODUCT from SELLER hereunder shall be reduced and adjusted accordingly. Notwithstanding, if SELLER’S ability to deliver PRODUCT is reduced due to any such circumstance, then the CITY may obtain PRODUCT from another source, and the quantity of PRODUCT obtained from another source will be credited to any minimum quantity requirement set forth in this Agreement for the respective contract year as if such had been purchased from SELLER. If the CITY’S inability to take PRODUCT is excused under this subparagraph, SELLER’S obligation to sell PRODUCT to the CITY hereunder shall be reduced and adjusted accordingly. 18. Site Safety and Cleanup: The delivery and installation site shall be kept clean and free of hazards at all times during installation. After installation is completed at the site, SELLER shall clean the surrounding area to the condition prior to installation. 19. Period and Renewal: This AGREEMENT is for the period beginning July 1, 2019 and ending June 30, 2020. This AGREEMENT may be extended or amended by mutual agreement in writing between the parties on the same terms and conditions through June 30, 2020 if such mutual agreement is reached before expiration of the current agreement. 20. Notices: All notices concerning the subject matter hereof shall be made in writing and shall be deemed to have been duly given (i) on the date of service if served personally on the party to whom CONTRACT PURCHASING AGREEMENT Page 6 notice is to be given, (ii) on the date of service if delivery is made by overnight courier on the party to whom notice is to be given at the address set forth above, or (iii) five (5) days after the date of depositing the same in the U.S. mail and mailed to the Party to whom notice is to be given, by first class mail, registered or certified, postage prepaid, and properly addressed as sat forth above. All notices to be given with respect to this Agreement shall be addressed to: To the City Contract Administrator: Brian Schumacker, Plant Superintendent Water Quality Control Plant 195 Belle Air Road, South San Francisco, CA 94080 To Seller: Univar USA Inc. 8201 S. 212th Street Kent, WA 98032 21. Entire Agreement: This contract, along with all exhibits attached hereto which are incorporated herein by this reference, sets forth the entire and complete agreement regarding the subject matter hereof and may be executed in identical counterparts. 22. Waivers: Waivers of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement. 23. Assignment: Neither party shall assign or delegate its rights or obligations under this contract without the prior written consent of the other party, which consent shall not be unreasonably withheld. Notwithstanding the foregoing, should substantially all of the assets of either party be purchased or otherwise acquired by an unrelated entity or person, such party may assign and delegate its rights and obligations hereunder to the acquiring person or entity. 24. Applicable Law: This Agreement shall be construed and enforced in accordance with the laws of the State of California without reference to the conflict or choice of law principles thereof. The jurisdiction for any litigation arising hereunder shall be in the state of California and venue shall be in San Mateo County. 25. Modifications: No modification, waiver, termination, or amendment of this Agreement is effective unless made in writing signed by the City and the SELLER. 26. Attorneys' Fees: If any action at law and equity shall be brought to recover for or on the account of any breach of, or to enforce or interpret any of the covenants, terms or conditions of this contract, the prevailing party shall be entitled to recover from the other party reasonable attorney's CONTRACT PURCHASING AGREEMENT Page 7 fees. 27. Equivalent Pricing: SELLER assures the CITY that it will not offer lower prices to any Municipal entity of comparable volume, shipping distances and like chemistry without adjusting same for the CITY. Due to other existing contractual obligations, there may instances where another like Municipality has a lower price but such contract will not be renewed or re-bid below The CITY’S price, without making an adjustment to the CITY. 28. Severability: If any term of this Agreement is held invalid by a court of competent jurisdiction, the remainder of this Agreement shall remain in effect. CONTRACT PURCHASING AGREEMENT Page 8 Exhibit A. (Attached): PRODUCT Specifications IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their representatives as of this day first written above. CITY OF SOUTH SAN FRANCISCO: SELLER: A Municipal Corporation Univar USA, Inc. By: ___________________________ By: _______________________________ Title: Mike Futrell, City Manager Title: _____________________________ ATTEST: ________________________ City Clerk Approved as to Form: ____________________________ City Attorney CONTRACT PURCHASING AGREEMENT Page 9 EXHIBIT “A” PRODUCT SPECIFICATIONS Sodium Hypochlorite 12.5% Solution (by weight) as NaOCl (%wt) 12.5 - 13.2 Available Chlorine (%wt) 11.9 - 12.6 Available Chlorine (%vol) 14.3 - 15.3 Available Chlorine grams/liter 143 - 153 Excess Caustic (%wt) 0.25 - 0.80 Specific Gravity @ 60°F 1.197 - 1.220 pH 12.0 - 13.0 Iron (Fe) ppm <0.5 Nickel (Ni) ppm <0.2 Copper (Cu) ppm <0.2 Mercury (Hg) ppb 0.001 - 0.003 Sodium Chloride (NaCl)% <15.0 Substitutions of product of dissimilar nature are not permitted. Sodium Bisulfite 25% Solution (by weight) % Sodium Bisulfite: 25% % Sulfur Dioxide (SO2) Equivalent 15.4%-16.6% pH: 3.5-4.6 Specific Gravity: 1.19-1.2 Substitutions of product of dissimilar nature are not permitted. -1- CONTRACT PURCHASING AGREEMENT FOR THE PURCHASE OF FERRIC CHLORIDE SOLUTION FOR THE TREATMENT OF WASTEWATER THIS AGREEMENT is made this 10th day of June, 2020, by and between the City of South San Francisco, California, hereinafter called the "CITY" and Thatcher Company of California, Inc., P.O. Box 27407 Salt Lake City, UT 84127-0407 hereinafter called the "SELLER", at South San Francisco, County of San Mateo, State of California. WHEREAS, THE City has determined a need for approximately 50,000 gallons annually of ferric chloride solution delivered in bulk trailer loads to be used as a coagulant in the treatment of wastewater. WHEREAS, THE SELLER has the capability of delivering ferric chloride solution in the amount as required and in a timely manner. NOW, THEREFORE, in consideration of the mutual promises and agreements hereinafter set forth, the parties agree as follows: 1. Obligations: The CITY agrees to buy one hundred percent (100%) of the City’s annual volume requirement from the SELLER. SELLER agrees to sell, and deliver approximately 50,000 gallons of ferric chloride solution to the City in accordance with SELLER’S schedule of delivery. 2. Shipping Terms: (a) SELLER shall ship each shipment of PRODUCT FOB Delivered. (b) All shipments of ferric chloride solution shall be accompanied with the following: i. Bill of Lading ii. Certified Analysis indicating ferric chloride iii. Weighmaster’s certificate of weight iv. Applicable regulatory documents 3. SELLER additionally agrees to comply with all provisions contained in City's specifications, which include a requirement that insurance be obtained in the type and amount set forth in the specifications and Section 14 below. 4. Purchase Price: The City agrees to pay to the SELLER, in accordance with the following: PRODUCT: Ferric Chloride Solution (37% to 42% by weight) Ship To: Water Quality Control Plant, 195 Belle Air Road, South San Francisco Ca. 94080 Unit Price exclusive of all taxes: $1.9056 per gallon ($794.00 per dry ton). Quantity: approximately 50,000 gallons annually. Containers: PRODUCT delivered in bulk load (approximately 4,000 gallons per tanker truck/trailer load). NTE: The total compensation for products purchased under this Agreement shall not exceed CONTRACT PURCHASING AGREEMENT Page 2 $100,000.00 5. Taxes: SELLER shall pay all applicable federal, state, and local taxes which may be chargeable against the delivery of the PRODUCT listed herein. 6. Quantity: The quantity of PRODUCT received, and for which the CITY shall pay SELLER, shall be measured in wet pounds by SELLER’S scales. Any clears of shortage shall be deemed waived unless made in writing and received by SELLER within fifteen (15) days from CITY’S receipt of the shipment in question. Shortages of less than 1% of the net weight of PRODUCTs shall not be contested. The parties agree to exercise best efforts in good faith to resolve any discrepancies regarding the weight of any shipment. 7. Purchase Orders: The CITY shall issue purchase orders to SELLER authorizing the SELLER to provide the PRODUCTs in accordance with this agreement. SELLER will make its best efforts to ship PRODUCT within five (5) business days days after receiving the CITY’S purchase order. 8. Pricing: The prices herein specified are firm for 12 months following execution of this agreement and includes all delivery costs. All prices are exclusive of tax. There is no pesticide fee for ferric chloride solutions. All prices are effective based upon the shipment date of the PRODUCT. 9. Payment: The price for the PRODUCT shall be invoiced in United States currency and will be paid to the SELLER at the address indicated on the SELLER’S invoice. SELLER reserves the right, among other available remedies, either to cancel this contract or suspend further deliveries under this contract in the event the CITY fails to pay for any one shipment when payment becomes due and upon written notice of such failure, the CITY does not pay the balance. 10. Quality: The SELLER agrees that the PRODUCT supplied pursuant to this Agreement shall be free of sediment and solid particles and shall not contain anything that will adversely affect or interfere with normal operation of the City’s biological treatment processes or be injurious to the ferric chloride feeding equipment. SELLER further warrants that (A) all PRODUCT shall comply with the Specifications, (B) SELLER has good title to all PRODUCT delivered and all PRODUCT delivered are free from liens and other encumberances, and (C) SELLER’s delivery and installation of the PRODUCT will be in strict conformity with all applicable state, local and federal laws. The CITY shall be obligated to purchase only that PRODUCT which meets the Specifications and requirements listed above. Any claim that any PRODUCT does not meet Specifications or meet the CITY’s requirements shall be deemed waived unless made in writing and received by SELLER within fifteen (15) days from the CITY’S receipt of the PRODUCT in question. 11. Non-Conforming PRODUCT: SELLER shall immediately replace all PRODUCT not meeting Specifications, shall reimburse the CITY for the reasonable shipping costs associated with the CITY’S return of non-conforming PRODUCT, shall pay for the shipping costs associated with delivering to the CONTRACT PURCHASING AGREEMENT Page 3 CITY the replacement PRODUCT and shall be responsible for the disposal of any non-conforming PRODUCT and associated containers returned by the CITY. If SELLER, after notice of non- conformity, fails to proceed promptly to provide conforming product, the CITY may perform all work necessary to effectuate such replacement and recover the cost from SELLER. 12. PRODUCT Testing: SELLER shall analyze and retain a clearly-marked, representative sample from each shipment of PRODUCT. SELLER shall retain each sample and such sample's test results for three (3) months and, upon written request, shall provide such to the CITY. The parties agree to exercise best efforts in good faith to resolve any discrepancies between their respective test results regarding any sample and/or shipment. 13. Indemnity: To the fullest extent allowed by law, the SELLER and its employees, subcontractors, and agents shall defend, indemnify, and save and hold harmless the CITY, its officers, agents, employees and volunteers from any claims, suits or actions of every name, kind and description brought forth, or on account of, injuries to or death of any person (including but not limited to workers and the public), or damage to property, resulting from or arising out of SELLER’s or its personnel, employees, agents, or subcontractors’ willful misconduct or negligent act or omission while engaged in the performance of services described in this Request for Bids and/or pursuant to this Agreement, except those matters arising from the CITY’s sole negligence or willful misconduct. The parties intend that this provision shall be broadly construed. 14. Insurance: Prior to beginning the Work and continuing throughout the term of this Agreement, SELLER shall, at SELLER’S sole cost and expense, furnish the CITY with certificates of insurance evidencing that SELLER has obtained and maintains insurance in the following amounts: A. Workers’ Compensation that satisfies the minimum statutory limits. B. Commercial General Liability and Property Damage Insurance in an amount not less than ONE MILLION DOLLARS ($1,000,000) combined single limit per occurrence, TWO MILLION DOLLARS ($2,000,000) annual aggregate, for bodily injury, property damage, products, completed operations and contractual liability coverage. The policy shall also include coverage for liability arising out of the use and operation of any CITY-owned or CITY-furnished equipment used or operated by the SELLER, its personnel, agents or subcontractors. C. Comprehensive automobile insurance in an amount not less than ONE MILLION DOLLARS ($1,000,000) per occurrence for bodily injury and property damage including coverage for owned and non- owned vehicles. All insurance policies shall be written on an occurrence basis and shall name the CITY INDEMNITIEES as additional insureds and any CITY insurance shall be secondary and in excess to SELLER’s insurance. If the SELLER’s insurance policy includes a self-insured retention that must be paid by a named insured as a precondition of the insurer’s liability, or which has the effect of providing that payments of the self-insured retention by others, including additional insureds or CONTRACT PURCHASING AGREEMENT Page 4 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. The CITY Risk Manager, in writing, may approve a variation in the foregoing insurance requirements. A valid and executed approval by Risk Manager must accompany this Purchase Agreement for a variation to be binding. 15. 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 Purchase Agreement, shall be not less than the prevailing rate for a day’s work in the same trade or occupation in the locality within the state where the work hereby contemplates to be performed as determined by the Director of Industrial Relations pursuant to the Director’s authority under Labor Code Section 1770, et seq. Each laborer, worker or mechanic employed by SELLER or by any subcontractor shall receive the wages herein provided for. The SELLER 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 SELLER to each worker. An error on the part of an awarding body does not relieve the SELLER 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 SELLER 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 SELLER. 16. Damage To City Facilities: Damage to CITY or public facilities or private property caused by the SELLER in the delivery of the PRODUCT shall be repaired and/or replaced in kind by the SELLER at no cost to the CITY. 17. Force Majeure/Hardship/Other Sources: If the CITY’S ability to take or SELLER’S ability to deliver the PRODUCT is impaired due to circumstances beyond reasonable control, including but not limited to fire, flood, Government action, accident, labor disputes or shortage, or inability to obtain from normal sources raw material, equipment, or transportation, the one so affected shall be excused without liability from taking or making delivery to the extent of such impairment. If SELLER’S ability to deliver PRODUCT is reduced due to any such circumstance, SELLER may reduce the contract quantity in any year upon written notice to the CITY if SELLER deems such reduction necessary to effect a fair allocation of the PRODUCT to users/purchasers thereof, in which case the CITY’S obligation to purchase PRODUCT from SELLER hereunder shall be reduced and adjusted accordingly. Notwithstanding, if SELLER’S ability to deliver PRODUCT is reduced due to any such circumstance, then the CITY may obtain PRODUCT from another source, and the quantity of CONTRACT PURCHASING AGREEMENT Page 5 PRODUCT obtained from another source will be credited to any minimum quantity requirement set forth in this Agreement for the respective contract year as if such had been purchased from SELLER. If the CITY’S inability to take PRODUCT is excused under this subparagraph, SELLER’S obligation to sell PRODUCT to the CITY hereunder shall be reduced and adjusted accordingly. 18. Site Safety and Cleanup: The delivery and installation site shall be kept clean and free of hazards at all times during installation. After installation is completed at the site, SELLER shall clean the surrounding area to the condition prior to installation. 19. Period and Renewal: This AGREEMENT is for the period beginning July 1, 2017 and ending June 30, 2018. This AGREEMENT may be extended or amended by mutual agreement in writing between the parties on the same terms and conditions through June 30, 2020 if such mutual agreement is reached before expiration of the current agreement. 20. Notices: All notices concerning the subject matter hereof shall be made in writing and shall be deemed to have been duly given (i) on the date of service if served personally on the party to whom notice is to be given, (ii) on the date of service if delivery is made by overnight courier on the party to whom notice is to be given at the address set forth above, or (iii) five (5) days after the date of depositing the same in the U.S. mail and mailed to the Party to whom notice is to be given, by first class mail, registered or certified, postage prepaid, and properly addressed as sat forth above. All notices to be given with respect to this Agreement shall be addressed to: To the City Contract Administrator: Brian Schumacker, Plant Superintendent Water Quality Control Plant 195 Belle Air Road, South San Francisco, CA 94080 To Seller: Thatcher Company of California, Inc. Attention: Craig N. Thatcher P.O. Box 27407 Salt Lake City, UT 84127-0407 21. Entire Agreement: This contract, along with all exhibits attached hereto which are incorporated herein by this reference, sets forth the entire and complete agreement regarding the subject matter hereof and may be executed in identical counterparts. 22. Waivers: Waivers of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement. 23. Assignment: Neither party shall assign or delegate its rights or obligations under this contract CONTRACT PURCHASING AGREEMENT Page 6 without the prior written consent of the other party, which consent shall not be unreasonably withheld. Notwithstanding the foregoing, should substantially all of the assets of either party be purchased or otherwise acquired by an unrelated entity or person, such party may assign and delegate its rights and obligations hereunder to the acquiring person or entity. 24. Applicable Law: This Agreement shall be construed and enforced in accordance with the laws of the State of California without reference to the conflict or choice of law principles thereof. The jurisdiction for any litigation arising hereunder shall be in the state of California and venue shall be in San Mateo County. 25. Modifications: No modification, waiver, termination, or amendment of this Agreement is effective unless made in writing signed by the City and the SELLER. 26. Attorneys' Fees: If any action at law and equity shall be brought to recover for or on the account of any breach of, or to enforce or interpret any of the covenants, terms or conditions of this contract, the prevailing party shall be entitled to recover from the other party reasonable attorney's fees. 27. Equivalent Pricing: SELLER assures the CITY that it will not offer lower prices to any Municipal entity of comparable volume, shipping distances and like chemistry without adjusting same for the CITY. Due to other existing contractual obligations, there may instances where another like Municipality has a lower price but such contract will not be renewed or re-bid below The CITY’S price, without making an adjustment to the CITY. 28. Severability: If any term of this Agreement is held invalid by a court of competent jurisdiction, the remainder of this Agreement shall remain in effect. CONTRACT PURCHASING AGREEMENT Page 7 Exhibit A. (Attached): PRODUCT Specifications IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their representatives as of this day first written above. CITY OF SOUTH SAN FRANCISCO: SELLER: A Municipal Corporation Thatcher Company of California, Inc. By: ___________________________ By: _______________________________ Title: Mike Futrell, City Manager Title: _____________________________ ATTEST: ________________________ City Clerk Approved as to Form: ____________________________ City Attorney CONTRACT PURCHASING AGREEMENT Page 8 EXHIBIT “A” PRODUCT SPECIFICATIONS Ferric Chloride Solution: CAS Number: 7705-08-0 Chemical Formula: FeCl3 Molecular Weight: 162.20 Specific Gravity (@ 20o C): 1.300 - 1.500 %FeCl3: 37% to 42% by weight %FeCl2: <2.5% %HCl: <1.5% % Insoluables Less Than <0.25% Manufactured and Formulated by: Thatcher Company of California, Inc., Salt Lake City, UT. Substitutions of PRODUCT of dissimilar nature are not permitted. -1- CONTRACT PURCHASING AGREEMENT FOR THE PURCHASE OF CATIONIC AND ANIONIC POLYMERS THIS AGREEMENT is made this 10 day of June, 2020, by and between the City of South San Francisco, California, hereinafter called the "CITY" and Polydyne Inc., 1 Chemical Plant Road, Riceboro, Ga., 31323 hereinafter called the "SELLER", at South San Francisco, County of San Mateo, State of California. WHEREAS, THE City has determined a need for approximately 30,000 gallons annually of cationic and anionic polymer emulsions used as a flocculation aid delivered in 330 gallon reusable totes. WHEREAS, THE SELLER has the capability of delivering cationic and anionic polymer emulsion in the amounts as required and in a timely manner. NOW, THEREFORE, in consideration of the mutual promises and agreements hereinafter set forth, the parties agree as follows: 1. Obligations: The CITY agrees to buy one hundred percent (100%) of the City’s annual volume requirement from the SELLER. SELLER agrees to sell, and deliver approximately 30,000 gallons of polymer emulsion to the CITY in accordance with SELLER’S schedule of delivery. 2. Shipping Terms: (a) SELLER shall ship each shipment of PRODUCT FOB Delivered. (b) All shipments of cationic and anionic polymers shall be accompanied with the following: i. Bill of Lading ii. Certified Analysis indicating WE-984 Polymer and WE-527 Polymer iii. Weighmaster’s certificate of weight iv. Applicable regulatory documents 3. SELLER additionally agrees to comply with all provisions contained in City's specifications, which include a requirement that insurance be obtained in the type and amount set forth in the specifications and Section 14 below. 4. a) Purchase Price: The City agrees to pay to the SELLER, in accordance with the following: Product: Ship to: Price Quantity Containers: WE-984 South San Francisco $10.880/gal 4,000 gal 330 gal Totes $1.280lb WE-527 South San Francisco $10.710/gal 26,000 gal 330 gal Totes $1.260/lb CONTRACT PURCHASING AGREEMENT Page 2 NTE: The total compensation for products purchased under this Agreement shall not exceed $321,980.00 5. Taxes: SELLER shall pay all applicable federal, state, and local taxes which may be chargeable against the delivery of the PRODUCT listed herein. 6. Quantity: The quantity of PRODUCT received, and for which the CITY shall pay SELLER, shall be measured in wet pounds by SELLER’S scales. Any clears of shortage shall be deemed waived unless made in writing and received by SELLER within fifteen (15) days from CITY’S receipt of the shipment in question. Shortages of less than 1% of the net weight of PRODUCTs shall not be contested. The parties agree to exercise best efforts in good faith to resolve any discrepancies regarding the weight of any shipment. 7. Purchase Orders: The CITY shall issue purchase orders to SELLER authorizing the SELLER to provide the PRODUCTs in accordance with this agreement. SELLER will make its best efforts to ship PRODUCT within five (5) business days days after receiving the CITY’S purchase order. 8. Pricing: The prices herein specified are firm for 12 months following execution of this agreement and includes all delivery costs. All prices are exclusive of tax and pesticide fee. All prices are effective based upon the shipment date of the PRODUCT. 9. Payment: The price for the PRODUCT shall be invoiced in United States currency and will be paid to the SELLER at the address indicated on the SELLER’S invoice. SELLER reserves the right, among other available remedies, either to cancel this contract or suspend further deliveries under this contract in the event the CITY fails to pay for any one shipment when payment becomes due and upon written notice of such failure, the CITY does not pay the balance. 10. Quality: The SELLER agrees that the PRODUCT supplied pursuant to this Agreement shall be free of sediment and solid particles and shall not contain anything that will adversely affect or interfere with normal operation of the City’s biological treatment processes or be injurious to the ferric chloride feeding equipment. SELLER further warrants that (A) all PRODUCT shall comply with the Specifications and be of good merchantable quality, fit for the purpose for which sold, (B) SELLER has good title to all PRODUCT delivered and all PRODUCT delivered are free from liens and other encumberances, and (C) SELLER’s delivery and installation of the PRODUCT will be in strict conformity with all applicable state, local and federal laws. The CITY shall be obligated to purchase only that PRODUCT which meets the Specifications and requirements listed above. Any claim that any PRODUCT does not meet Specifications or meet the CITY’s requirements shall be deemed waived unless made in writing and received by SELLER within fifteen (15) days from the CITY’S receipt of the PRODUCT in question. CONTRACT PURCHASING AGREEMENT Page 3 11. Non-Conforming PRODUCT: SELLER shall immediately replace all PRODUCT not meeting Specifications, shall reimburse the CITY for the reasonable shipping costs associated with the CITY’S return of non-conforming PRODUCT, shall pay for the shipping costs associated with delivering to the CITY the replacement PRODUCT and shall be responsible for the disposal of any non-conforming PRODUCT and associated containers returned by the CITY. If SELLER, after notice of non- conformity, fails to proceed promptly to provide conforming product, the CITY may perform all work necessary to effectuate such replacement and recover the cost from SELLER. 12. PRODUCT Testing: SELLER shall analyze and retain a clearly-marked, representative sample from each shipment of PRODUCT. SELLER shall retain each sample and such sample's test results for three (3) months and, upon written request, shall provide such to the CITY. The parties agree to exercise best efforts in good faith to resolve any discrepancies between their respective test results regarding any sample and/or shipment. 13. Indemnity: Except for any loss, damage or expense arising solely from the gross negligence or willful misconduct of the CITY, or any employee, agent or independent contractor of the CITY SELLER shall, to the fullest extent permitted by law, indemnify, defend and hold harmless the CITY and its officers, employees, agents and independent contractors (“CITY INDEMNITEES”), from and against any and all claims, loss, damage or expense, including reasonable attorney's fees, arising from or relating to, or caused by the performance of SELLER under this Contract. 14. Insurance: Prior to beginning the Work and continuing throughout the term of this Agreement, SELLER shall, at SELLER’S sole cost and expense, furnish the CITY with certificates of insurance evidencing that SELLER has obtained and maintains insurance in the following amounts: A. Workers’ Compensation that satisfies the minimum statutory limits. B. Commercial General Liability and Property Damage Insurance in an amount not less than ONE MILLION DOLLARS ($1,000,000) combined single limit per occurrence, TWO MILLION DOLLARS ($2,000,000) annual aggregate, for bodily injury, property damage, products, completed operations and contractual liability coverage. The policy shall also include coverage for liability arising out of the use and operation of any CITY-owned or CITY-furnished equipment used or operated by the SELLER, its personnel, agents or subcontractors. C. Comprehensive automobile insurance in an amount not less than ONE MILLION DOLLARS ($1,000,000) per occurrence for bodily injury and property damage including coverage for owned and non- owned vehicles. All insurance policies shall be written on an occurrence basis and shall name the CITY INDEMNITIEES as additional insureds and any CITY insurance shall be secondary and in excess to SELLER’s insurance. If the SELLER’s insurance policy includes a self-insured retention that must be paid by a named insured as a precondition of the insurer’s liability, or which has the effect of CONTRACT PURCHASING AGREEMENT Page 4 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. The CITY Risk Manager, in writing, may approve a variation in the foregoing insurance requirements. A valid and executed approval by Risk Manager must accompany this Purchase Agreement for a variation to be binding. 15. 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 Purchase Agreement, shall be not less than the prevailing rate for a day’s work in the same trade or occupation in the locality within the state where the work hereby contemplates to be performed as determined by the Director of Industrial Relations pursuant to the Director’s authority under Labor Code Section 1770, et seq. Each laborer, worker or mechanic employed by SELLER or by any subcontractor shall receive the wages herein provided for. The SELLER 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 SELLER to each worker. An error on the part of an awarding body does not relieve the SELLER 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 SELLER 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 SELLER. 16. Damage To City Facilities: Damage to CITY or public facilities or private property caused by the SELLER in the delivery of the PRODUCT shall be repaired and/or replaced in kind by the SELLER at no cost to the CITY. 17. Force Majeure/Hardship/Other Sources: If the CITY’S ability to take or SELLER’S ability to deliver the PRODUCT is impaired due to circumstances beyond reasonable control, including but not limited to fire, flood, Government action, accident, labor disputes or shortage, or inability to obtain from normal sources raw material, equipment, or transportation, the one so affected shall be excused without liability from taking or making delivery to the extent of such impairment. If SELLER’S ability to deliver PRODUCT is reduced due to any such circumstance, SELLER may reduce the contract quantity in any year upon written notice to the CITY if SELLER deems such reduction necessary to effect a fair allocation of the PRODUCT to users/purchasers thereof, in which case the CITY’S obligation to purchase PRODUCT from SELLER hereunder shall be reduced and adjusted CONTRACT PURCHASING AGREEMENT Page 5 accordingly. Notwithstanding, if SELLER’S ability to deliver PRODUCT is reduced due to any such circumstance, then the CITY may obtain PRODUCT from another source, and the quantity of PRODUCT obtained from another source will be credited to any minimum quantity requirement set forth in this Agreement for the respective contract year as if such had been purchased from SELLER. If the CITY’S inability to take PRODUCT is excused under this subparagraph, SELLER’S obligation to sell PRODUCT to the CITY hereunder shall be reduced and adjusted accordingly. 18. Site Safety and Cleanup: The delivery and installation site shall be kept clean and free of hazards at all times during installation. After installation is completed at the site, SELLER shall clean the surrounding area to the condition prior to installation. 19. Period and Renewal: This AGREEMENT is for the period beginning July 1, 2018 and ending June 30, 2019. This AGREEMENT may be extended or amended by mutual agreement in writing between the parties on the same terms and conditions through June 30, 2021 if such mutual agreement is reached before expiration of the current agreement. 20. Notices: All notices concerning the subject matter hereof shall be made in writing and shall be deemed to have been duly given (i) on the date of service if served personally on the party to whom notice is to be given, (ii) on the date of service if delivery is made by overnight courier on the party to whom notice is to be given at the address set forth above, or (iii) five (5) days after the date of depositing the same in the U.S. mail and mailed to the Party to whom notice is to be given, by first class mail, registered or certified, postage prepaid, and properly addressed as sat forth above. All notices to be given with respect to this Agreement shall be addressed to: To the City Contract Administrator: Brian Schumacker, Plant Superintendent Water Quality Control Plant 195 Belle Air Road, South San Francisco, CA 94080 To Seller: Polydyne, Inc. 1 Chemical Plant Road Riceboro, GA, 31323 21. Entire Agreement: This contract, along with all exhibits attached hereto which are incorporated herein by this reference, sets forth the entire and complete agreement regarding the subject matter hereof and may be executed in identical counterparts. 22. Waivers: Waivers of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement. CONTRACT PURCHASING AGREEMENT Page 6 23. Assignment: Neither party shall assign or delegate its rights or obligations under this contract without the prior written consent of the other party, which consent shall not be unreasonably withheld. Notwithstanding the foregoing, should substantially all of the assets of either party be purchased or otherwise acquired by an unrelated entity or person, such party may assign and delegate its rights and obligations hereunder to the acquiring person or entity. 24. Applicable Law: This Agreement shall be construed and enforced in accordance with the laws of the State of California without reference to the conflict or choice of law principles thereof. The jurisdiction for any litigation arising hereunder shall be in the state of California and venue shall be in San Mateo County. 25. Modifications: No modification, waiver, termination, or amendment of this Agreement is effective unless made in writing signed by the City and the SELLER. 26. Attorneys' Fees: If any action at law and equity shall be brought to recover for or on the account of any breach of, or to enforce or interpret any of the covenants, terms or conditions of this contract, the prevailing party shall be entitled to recover from the other party reasonable attorney's fees. 27. Equivalent Pricing: SELLER assures the CITY that it will not offer lower prices to any Municipal entity of comparable volume, shipping distances and like chemistry without adjusting same for the CITY. Due to other existing contractual obligations, there may instances where another like Municipality has a lower price but such contract will not be renewed or re-bid below The CITY’S price, without making an adjustment to the CITY. 28. Severability: If any term of this Agreement is held invalid by a court of competent jurisdiction, the remainder of this Agreement shall remain in effect. CONTRACT PURCHASING AGREEMENT Page 7 Exhibit A. (Attached): PRODUCT Specifications IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their representatives as of this day first written above. CITY OF SOUTH SAN FRANCISCO: SELLER: A Municipal Corporation Polydyne Inc. By: ___________________________ By: _______________________________ Title: Mike Futrell, City Manager Title: _____________________________ ATTEST: ________________________ City Clerk Approved as to Form: ____________________________ City Attorney CONTRACT PURCHASING AGREEMENT Page 8 EXHIBIT “A” PRODUCT SPECIFICATIONS The products selected for use at the South San Francisco - San Bruno Water Quality Control Plant were selected based upon specific jar tests of several products. The products which provided the best performance were: WE-984 1. Polymer Type: Anionic Emulsion 2. Polymer Trade Name: WE-984 3. Percent of Total Solids: 48% - 55% 4. Minimum Percent of Active Solids: 41% 5. Molecular Weight: Very High 6. Bulk Density Range: 300-2000 cps* 7. UL Viscosity Range: 4.3-5.3 8. Specific Gravity: approximately 1.02 WE-527 1. Polymer Type: Cationic Emulsion 2. Polymer Trade Name: WE-527 3. Percent of Total Solids: 34% – 41% 4. Minimum Percent of Active Solids: 29% 5. Molecular Weight: Extremely High 6. Bulk Density Range: 500-2000 cps* 7. UL Viscosity Range: 7.5-9.3 8. Specific Gravity: approximately 1.02 * centipoise Substitutions of product of dissimilar nature are not permitted. City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-354 Agenda Date:5/27/2020 Version:1 Item #:10. Report regarding a resolution authorizing the acceptance of $5,000 in grant funding from the California State Library in crisis collection funding to address the increased demand for e-resources as library buildings are closed and approving Budget Amendment 20.045.(Valerie Sommer, Library Director) RECOMMENDATION It is recommended that City Council adopt a resolution accepting funds from the California State Library in the amount of $5,000 to support the purchase of e-resources in high interest areas for the Library’s virtual collection and approve Budget Amendment 20.045. BACKGROUND/DISCUSSION Responding to library closures due to COVID-19,the California State Library provided a grant opportunity for libraries to build their electronic collections.Libraries that are experiencing an increase in demand for e- materials were encouraged to apply.On March 20,2020,the Library Department applied for crisis collection funding from the California State Library,requesting funding at the highest level offered for this grant opportunity.On May 18,2020,the Library Department was notified of a grant award for $5,000 to expand the collection in high interest items, including e-books and e-audiobooks. FISCAL IMPACT Grant funds will be used to amend the Library Department’s current FY19-20 Operating Budget per Budget Amendment 20.045.Funding must be spent by the end of this fiscal year.Receipt of these funds does not commit the City to ongoing funding. RELATIONSHIP TO STRATEGIC PLAN Acceptance of this grant will contribute to the City’s Strategic Plan under Priority #2:Improved Quality of Life, by supporting e-resources for South San Francisco residents during Library building closures. CONCLUSION Receipt of these funds will enable the Library to expand the e-resource collections.It is recommended that the City Council accept the $5,000 in funding to support the expansion of the Library’s e-resources collections and amend the Library Department’s FY 2019-2020 Operating Budget per Budget Amendment 20.045. City of South San Francisco Printed on 5/22/2020Page 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 #:20-355 Agenda Date:5/27/2020 Version:1 Item #:10a. Resolution authorizing the acceptance of $5,000 in grant funding from the California State Library in crisis collection funding to address the increased demand for e-resources as library buildings are closed and approving Budget Amendment 20.045. WHEREAS,the South San Francisco Strategic Plan includes a goal of improving the quality of life by strengthening learning programs; and WHEREAS,The California State Library is the amount of $5000 for crisis collection funding to address the increased demand from your community for e-resources as people practice physical distancing and library buildings are closed; and WHEREAS,in response COVID-19,the California State Library has awarded the South San Francisco Public Library a grant in the amount of $5,000 to support the purchase of e-resources in high interest areas for the Library’s virtual collection; and WHEREAS,the grant will expand the Library’s collection in high interest items,including e-books and e- audiobooks; and WHEREAS,staff recommends the acceptance of grant funding in the amount of $5,000 from the California State Library to support the purchase of e-resources due to the increase in demand in the community. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby accepts $5,000 in grant funding from the California State Library,and amends the Library Departments FY 2020-2021 operating budget through Budget Amendment 20.045 in order to reflect an increase of $5,000. ***** City of South San Francisco Printed on 5/29/2020Page 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 #:20-342 Agenda Date:5/27/2020 Version:1 Item #:11. Report regarding adoption of an Ordinance amending Title 20 of the South San Francisco Municipal Code to modify regulations pertaining to Accessory Dwelling Units.(Gaspare Annibale,Associate Planner &Stephanie Skangos, Associate Planner) RECOMMENDATION Staff recommends that the City Council waive reading and adopt an ordinance approving amendments to Title 20 (“Zoning”)of the South San Francisco Municipal Code to modify regulations pertaining to accessory dwelling units. BACKGROUND/DISCUSSION On May 13,2020,the City Council introduced an ordinance making zoning text amendments to modify regulations pertaining to accessory dwelling units.The City Council voted to introduce this ordinance for adoption. (Introduced on 5/13/20; Vote 5-0-0) CONCLUSION The ordinance is ready for adoption. ASSOCIATIONS 1.Final Ordinance (20-343) A.Exhibit A - Zoning Text Amendment City of South San Francisco Printed on 5/21/2020Page 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 #:20-343 Agenda Date:5/27/2020 Version:1 Item #:11a. Ordinance amending Title 20 (Zoning)of the South San Francisco Municipal Code pertaining to accessory dwelling units. WHEREAS,in 2016,2018,and 2019,the California legislature amended California Government Code section 65852.2 and 65852.22 outlining the standards by which local jurisdictions must approve and regulate the development of Accessory Dwelling Units (ADU)and Junior Accessory Dwelling Units (JADU),the purpose of which is to reduce governmental barriers and to increase the supply of smaller and affordable housing; and WHEREAS,in 2019,Governor Gavin Newsom signed into law Assembly Bill 881 (Bloom,Chapter 659, Statutes of 2019),Assembly Bill 68 (Ting,Chapter 655,Statutes of 2019)and Senate Bill 13 (Wieckowski, Chapter 653, Statutes of 2019), which all became effective on January 1, 2020; and WHEREAS,among other requirements,these new bills amended Government Code sections 65852.2 and 65852.22 and require cities to further relax their regulation of ADUs and JADUs by facilitating the conversion of existing buildings into ADUs;reducing,and in some cases removing altogether,the parking requirements for ADUs and JADUs;requiring cities to permit multiple ADUs on most or all lots containing multifamily dwellings,to permit up to two ADUs on most or all lots containing existing single family dwellings,to permit JADUs on most or all lots containing single-family dwellings;and generally prohibiting the imposition of a connection fee or capacity charge for utilities serving the ADU and JADUs; and WHEREAS,Government Code Section 65852.2(a)(4),as amended,provides that any existing local ADU ordinance failing to meet the requirements of the new state law shall be null and void unless and until the local agency adopts a new ordinance complying with California Government Code Section 65852.2; and WHEREAS,in the absence of a valid local ordinance,the new state law instead provides a set of default standards governing local agencies’ regulation and approval of ADUs and JADUs; and WHEREAS,the City of South San Francisco’s (“City”)current ordinance regarding ADUs and JADUs was updated in 2016 and 2018,and,as the City desires to continue enforcing its current ordinance,now must be further updated to comply with newly amended state law; and WHEREAS,the City has prepared a draft ordinance amending existing Section 20.350.035 (Accessory Dwelling Units)of Title 20 (Zoning)and other related land use definitions and zoning regulations of the South San Francisco Municipal Code in order to comply with current state law; and WHEREAS,the amendments to the City’s Zoning Code do not propose any changes to City policies or regulations that would result in a direct or indirect physical environmental impact,and would implement the requirements of Government Code Sections 65852.1 and 65852.2; and WHEREAS,on April 16,2020,the Planning Commission for the City of South San Francisco held a lawfully noticed public hearing to solicit public comment and consider the CEQA finding and the proposed zoningCity of South San Francisco Printed on 5/29/2020Page 1 of 4 powered by Legistar™ File #:20-343 Agenda Date:5/27/2020 Version:1 Item #:11a. noticed public hearing to solicit public comment and consider the CEQA finding and the proposed zoning ordinance amendments,take public testimony,and adopted Resolution No.2852-2020 making a recommendation to the City Council on the project; and WHEREAS,on May 13,2020,the City Council for the City of South San Francisco held a lawfully noticed public hearing to solicit public comment and consider the CEQA finding and the proposed zoning ordinance amendments,take public testimony,and adopt the recommendation of the Planning Commission on the proposed revisions to the City’s Zoning Ordinance. NOW,THEREFORE,BE IT ORDAINED that based on the entirety of the Record before it,both written and oral,including without limitation the public comment,staff reports,minutes,and other relevant materials,the City Council of the City of South San Francisco does hereby ORDAIN as follows: SECTION I.FINDINGS. Based on the entirety of the record as described above,the City Council of South San Francisco hereby makes the following findings: A.General Findings 1.The foregoing recitals are true and correct and made a part of this Ordinance. 2.The Record for these proceedings,and upon which this Ordinance is based,includes without limitation, Federal and State law;the California Environmental Quality Act (Public Resources Code §§21000,et seq. (“CEQA”))and the CEQA Guidelines (14 California Code of Regulations §15000,et seq.);the South San Francisco General Plan and General Plan EIR,including all amendments and updates thereto;the South San Francisco Municipal Code;the Zoning Ordinance Text Amendments;and all reports,minutes,and public testimony submitted as part of the Planning Commission’s duly noticed April 16,2020 meeting and the City Council’s duly noticed May 13,2020 meeting;and any other evidence (within the meaning of Public Resources Code §21080(e) and §21082.2). 3.The documents and other material constituting the record for these proceedings are located at the Planning Division for the City of South San Francisco,315 Maple Avenue,South San Francisco,CA 94080, and in the custody of Chief Planner, Sailesh Mehra. B.CEQA Findings 1.The City Council hereby finds and determines that the adoption of this ordinance is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA)pursuant to Section 21080.17 of the Public Resources Code and Section 15282(h)of the CEQA Guidelines because it is an accessory dwelling unit ordinance that is implementing the provisions of Government Code Sections 65852.1 and 65852. C.Zoning Text Amendment Findings 1.The proposed Zoning Text Amendment is consistent with the adopted General Plan because the Zoning Amendment will reinforce the General Plan policies,is consistent with the relevant specific plans,and is consistent with the City’s overall vision for providing a diversity of housing types responsive to household City of South San Francisco Printed on 5/29/2020Page 2 of 4 powered by Legistar™ File #:20-343 Agenda Date:5/27/2020 Version:1 Item #:11a. consistent with the City’s overall vision for providing a diversity of housing types responsive to household size,income,and age needs.None of the new or revised requirements for accessory dwelling units and junior accessory dwelling units will conflict with or impede achievement of any of the goals,policies,or land use designations established in the General Plan. 2.The Zoning Text Amendment would encourage the creation of accessory dwelling units and junior accessory dwelling units on residentially zoned properties to provide opportunities for affordable housing stock.The zoning districts where accessory dwelling units and junior accessory dwelling units are permitted are generally suitable in terms of access,size of parcel,relationship to similar or related uses,and other considerations as deemed relevant by the Planning Commission and City Council because the proposed uses are consistent with General Plan policies,specifically those policies which promote developing a diverse housing stock. 3.The proposed revisions and additions to the accessory dwelling unit regulations will not be detrimental to the use of land in any adjacent zone because the Amendment will refine existing performance standards and introduce new standards for accessory dwelling units to ensure that any future accessory dwelling units are compatible with surrounding residential uses. SECTION II.AMENDMENTS. 1.The following provisions of Title 20,“Zoning”of the South San Francisco Municipal Code are amended to read as set forth in Exhibit A to this ordinance: a.Section 20.630.002, “Definitions” of Chapter 20.630, “Terms and Definitions”; b.Section 20.620.002, “Residential Use Classifications” of Chapter 20.620, “Use Classifications”; c.Land Use Regulations Tables applicable to the Commercial,Office,and Mixed-Use Districts; Downtown Districts;Transit Village Sub-Districts;El Camino Real/Chestnut Sub-Districts;and Downtown Station Area Specific Plan Sub-Districts; d.Parking Requirement Tables for Required On-Site Parking Spaces and Required Parking Spaces for Downtown Districts; e.Section 20.320.004,“Alterations and Enlargements to Nonconforming Structures”of Chapter 20.320, “Nonconforming Uses, Structures and Lots”; and f.Section 20.350.035,“Accessory Dwelling Units”of Chapter 20.350,“Standards and Requirements for Specific Uses and Activities”. 2.Sections,subsections,table and other provisions of the South San Francisco Municipal Code that are not amended by this Ordinance are not included in Exhibit A, and shall remain in full force and effect. SECTION III.SEVERABILITY. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional,the remainder of this Ordinance,including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect.To this end, provisions of this Ordinance are severable.The City Council of the City of South San Francisco hereby declares that it would have passed each section,subsection,subdivision,paragraph,sentence,clause,or phrase City of South San Francisco Printed on 5/29/2020Page 3 of 4 powered by Legistar™ File #:20-343 Agenda Date:5/27/2020 Version:1 Item #:11a. declares that it would have passed each section,subsection,subdivision,paragraph,sentence,clause,or phrase hereof irrespective of the fact that any one or more sections,subsections,subdivisions,paragraphs,sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable. SECTION IV.PUBLICATION AND EFFECTIVE DATE. Pursuant to the provisions of Government Code Section 36933,a summary of this Ordinance shall be prepared by the City Attorney.At least five (5)days prior to the Council meeting at which this Ordinance is scheduled to be adopted,the City Clerk shall (1)publish the Summary,and (2)post in the City Clerk’s Office a certified copy of this Ordinance.Within fifteen (15)days after the adoption of this Ordinance,the City Clerk shall (1) publish the summary,and (2)post in the City Clerk’s Office a certified copy of the full text of this Ordinance along with the names of those City Council members voting for and against this Ordinance or otherwise voting. This Ordinance shall become effective thirty (30) days from and after its adoption. ***** City of South San Francisco Printed on 5/29/2020Page 4 of 4 powered by Legistar™ EXHIBIT A Amendments to the South San Francisco Municipal Code Pertaining to Accessory Dwelling Units A. Revise Section 20.630.002, “Definitions” of Chapter 20.630, “Terms and Definitions” to add the following terms and definitions: Section 20.630.002 Definitions Accessory Dwelling Unit. See Dwelling Unit, Accessory. . . . Dwelling Unit, Accessory. An attached, detached, or converted residential unit that provides complete independent living facilities for one or more persons and is located on a lot with an existing or proposed single or multi-unit dwelling. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same lot as the single or multi-unit dwelling is or will be situated. See also Section 20.350.035 (“Accessory Dwelling Units”). . . . Junior Accessory Dwelling Unit. A residential unit that is no more than 500 square feet in size and contained entirely within a single-unit dwelling. See also Section 20.350.035 (“Accessory Dwelling Units”). . . . Setback (Yard). The area between a property line and a building or structure which must be kept clear or open. See also Section 20.040.004 (“Measuring Distances”), and Section 20.040.012 (“Measuring Setbacks (Yards)”). B. Revise Section 20.630.001, “List of Terms”, of Chapter 20.630, “Terms and Definitions” to add the following terms: Section 20.630.001 List of Terms . . . Accessory Dwelling Unit Junior Accessory Dwelling Unit . . . C. Revise Section 20.620.002, “Residential Use Classifications” of Chapter 20.620, “Use Classifications” to read as follows: Section 20.620.002 Residential Use Classifications Accessory Dwelling Unit. A dwelling unit providing complete independent living facilities for one or more persons that is located on a lot with a primary, single or multi-unit dwelling. An accessory dwelling unit may be within the same structure as the primary unit, in an attached structure, or in a separate structure on the same lot. Accessory Dwelling Unit, Junior. An accessory dwelling unit that is no more than 500 square feet in size and contained entirely within an existing single-family structure. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure. Single-Unit Dwelling. A dwelling unit designed for occupancy by one household, where all rooms are internally connected and internally accessible via habitable space, and located on a separate lot from any other unit (except accessory dwelling units, where permitted). This classification includes individual manufactured housing units installed on a foundation system pursuant to Section 18551 of the California Health and Safety Code, and the use of a single- family residential structure as employee housing for six or fewer employees consistent with Section 17021.5 of the California Health and Safety Code. . . . Multiple-Unit Residential. This use classification refers to two or more dwelling units on a single lot. Multiple-unit residential types include duplexes and multi-units, such as townhouses, single-unit groups, garden apartments, senior citizen residential developments, multi-story apartment buildings, and transitional residential development. Duplex. A single building on a separate lot that contains two dwelling units or two single-unit dwellings on a single lot. This use is distinguished from an Accessory Dwelling Unit, which is considered a secondary residential unit, or incidental to a primary dwelling unit as defined by State law and this chapter. Multi-Unit. Three or more dwelling units on a single site or lot. Types of multi-unit dwellings include townhouses, garden apartments, senior housing developments, micro-units, and multi- story apartment buildings. D. Revise the Land Use Regulations Tables applicable to the Commercial, Office, and Mixed-Use Districts; Downtown Districts; Transit Village Sub-Districts; El Camino Real/Chestnut Sub-Districts; and Downtown Station Area Specific Plan Sub- Districts to read as follows: Table 20.090.002 Land Use Regulations—Commercial, Office, and Mixed-Use Districts Use Classification CC BPO CMX ECRMX Additional Regulations Residential Use Types Single-Unit Dwelling See sub-classifications below Single Unit Detached (1) (1) - (1) Use Classification CC BPO CMX ECRMX Additional Regulations Residential Use Types Accessory Dwelling Unit (1) (1) P P See Accessory Dwelling Units in Chapter 20.350 Single Unit Semi- Attached (1) (1) (1) (1) Single-Unit Attached (1) (1) C P(2) Multi-Unit Residential See sub-classifications below Duplex (1) - C (1) Multi-unit (1) - P(3) P(2) Senior Citizen Residential (1) - P(3) P(2) Table 20.100.002 Land Use Regulations—Downtown Districts Use Classification DMX DRL DRM DRH Additional Regulations Residential Uses Single-Unit Dwelling See sub-classifications below Single Unit Detached (1) P P C Accessory Dwelling Unit P P P P See Accessory Dwelling Units in Chapter 20.350 Single Unit Semi- Attached (1) P P P Single-Unit Attached MUP(2) P P P Multiple-Unit Residential See sub-classifications below Duplex MUP(2) P P P Multi-Unit P/MUP(4) P P P Senior Citizen Residential P/MUP(4) P P P Table 20.250.003 Land Use Regulations for Transit Village Sub-Districts Uses Permitted TV-C TC-R TV- RM TV-RH Additional Regulations Residential Use Classifications Single-Unit Dwelling See sub-classifications below Single-Unit Attached - - P P Accessory Dwelling Unit P P P P See Accessory Dwelling Units in Chapter 20.350 Multi-Unit Residential P(1) P(1) P P Uses Permitted TV-C TC-R TV- RM TV-RH Additional Regulations Residential Use Classifications Elderly and Long-term Care - - C C See Group Residential Facilities in Chapter 20.350 Table 20.270.003 Land Use Regulations for El Camino Real/Chestnut Sub-Districts Uses Permitted ECR/C- MXH ECR/C- MXM ECR/C- RH Additional Regulations Residential Use Classifications Single-Unit Dwelling See sub-classification below Single-Unit Attached P(1) P P Accessory Dwelling Unit P P P See Accessory Dwelling Units in Chapter 20.350 Multi-Unit Residential See sub-classifications below Multi-Unit C(1) C C Senior Citizen Residential C(1) C C Elderly and Long-Term Care C(1) C C See Group Residential Facilities in Chapter 20.350 Table 20.280.003 Land Use Regulations Downtown Station Area Specific Plan Sub-Districts Uses Permitted DTC GAC DRC TO/RD LCC LNC Additional Regulations Residential Use Classifications Single-Unit Dwelling See sub-classifications below Single Unit Detached (1) (1) (1) - (1) (1) Accessory Dwelling Unit P P P - P P See Accessory Dwelling Units in Chapter 20.350 Single Unit Semi- Attached (1) (1) (1) - (1) (1) Single-Unit Attached (1) (1) (1) - (1) (1) Multiple-Unit Residential See sub-classifications below Duplex (1) - (1) - (1) (1) Uses Permitted DTC GAC DRC TO/RD LCC LNC Additional Regulations Multi-Unit C C (3) C (3) - C (3) C (3) Senior Citizen Residential C - C - C (3) C (3) E. Revise the Parking Requirement Tables for Required On-Site Parking Spaces and Required Parking Spaces for Downtown Districts to read as follows: Table 20.330.004 Required On-Site Parking Spaces Land Use Classification Required Parking Spaces Residential Use Classifications Single-Unit, Detached or Attached Less than 2,500 square feet and 4 or fewer bedrooms 2 spaces per dwelling unit General Requirements for all Single-Unit Residential Parking: At least one space must be within a garage. A carport shall not be substituted for a required garage except for existing dwellings on lots adjacent to a lane. 2,500 to 2,999 square feet or 5 bedrooms 3 spaces per dwelling unit 3,000 square feet or more or 6 or more bedrooms 4 spaces per dwelling unit Accessory Dwelling Unit 1 space for each accessory dwelling unit or bedroom, whichever is less, except accessory dwelling units which meet the criteria set forth in Section 20.350.035(G) are exempted from the parking requirement. Multi-Unit Residential Table 20.330.007 Required Parking Spaces, Downtown Districts Land Use Classification Required Parking Spaces Single-Unit, Detached or Attached Less than 900 sq. ft. and less than 3 bedrooms 1 space per dwelling unit, 2 spaces maximum per unit General Requirements for all Single- Unit Residential Parking**: For new construction, required parking up to 2 spaces must be within a garage. For existing development, all existing garage spaces, up to a maximum of two spaces, must be maintained. A carport shall not be substituted for a required garage except for existing dwellings on lots adjacent to a lane. 900 to 2,500 sq. ft. or 3 or 4 bedrooms 2 spaces per dwelling unit, minimum and maximum per unit 2,501 sq. ft. or more than 4 bedrooms 3 spaces per dwelling unit, minimum and maximum per unit Land Use Classification Required Parking Spaces Accessory Dwelling Unit 1 space for each accessory dwelling unit or bedroom, whichever is less, except accessory dwelling units which meet the criteria set forth in Section 20.350.035(G) are exempted from the parking requirement. Multi-Unit Residential F. Revise Section 20.320.004, “Alterations and Enlargements to Nonconforming Structures” of Chapter 20.320, “Nonconforming Uses, Structures and Lots” to read as follows: Section 20.320.004 Alterations and Enlargements to Nonconforming Structures Nonconforming structures may be enlarged, extended, structurally altered, or repaired in compliance with all applicable laws subject to the following provisions: . . . C. Notwithstanding the requirements of subsection A above, an accessory dwelling unit in compliance with Section 20.350.035 (“Accessory Dwelling Units”) and State law may be developed on a lot that contains a single or multi-unit dwelling that is nonconforming with respect to standards. . . . G. Revise Section 20.350.035, “Accessory Dwelling Units” of Chapter 20.350, “Standards and Requirements for Specific Uses and Activities” is amended and replaced in its entirety to read as follows: Section 20.350.035 Accessory Dwelling Units A permit shall be issued as a ministerial matter without discretionary review or hearing for an accessory dwelling unit within 60 days of receiving a complete application if there is an existing single or multi-unit dwelling on the lot and if the requirements of this Chapter (“Accessory Dwelling Units”), other requirements of the Zoning Ordinance, and other applicable City codes are met. If the permit application to create an accessory dwelling unit is submitted with a permit application to create a new single or multi-unit dwelling on the lot, the application for the accessory dwelling unit shall not be acted upon until the application for the new single or multi- unit dwelling is approved. A. Location. Accessory dwelling units may be established on any lot in any district where single and/or multi-unit dwellings are permitted or conditionally permitted, and a single or multi-unit dwelling has been previously established or is proposed to be established in conjunction with construction of an accessory dwelling unit. B. Type of Unit. An accessory dwelling unit shall provide separate, independent living quarters for one or more persons. An accessory dwelling unit may be one of the following: 1. Attached: Added to the primary dwelling unit, typically to the side or rear. 2. Detached: A freestanding structure. 3. Converted: Located within the walls of an existing or proposed dwelling unit or existing accessory structure, or non-livable area within an existing multi-unit dwelling structure. C. Number of Units Allowed. 1. Single-Unit Lot: On a lot with an existing or proposed single-unit dwelling, one of the following shall be permitted: a. One accessory dwelling unit or junior accessory dwelling unit within the existing or proposed space of the primary dwelling unit or an accessory structure; b. One detached, new construction accessory dwelling unit plus one junior accessory dwelling unit within an existing or proposed single-unit dwelling; c. One detached accessory dwelling unit or one attached accessory dwelling unit. 2. Multi-Unit Lot. Up to two detached accessory dwelling units are permitted on a lot with an existing or proposed multi-unit dwelling. Within an existing multi-unit dwelling structure, the number of accessory dwelling units permitted shall be up to 25 percent of the existing number of units or one unit, whichever is greater, and shall only be permitted within the portions of the structure that are not used as livable space provided that the unit complies with the California Building Standards Code as set forth in Title 15 of this Code. D. Development Standards. Except as provided below, accessory dwelling units shall conform to the height, landscaping, lot coverage, setbacks and other zoning requirements of the zoning district in which the site is located, the development standards in this chapter, other requirements of the zoning ordinance, and other applicable City building, electrical, fire, utility and structural safety codes. 1. Where an existing space within a dwelling unit or accessory structure is converted to an accessory dwelling unit, or where a new accessory dwelling unit is constructed in the same location and built to the same dimensions as an existing structure, no setback shall be required, but the structure shall conform to height, lot coverage and other zoning requirements of the zoning district in which the site is located, the development standards in this chapter, other requirements of the zoning ordinance, and other applicable City codes. 2. The minimum street side, interior side, and rear yard setbacks for a detached or attached accessory dwelling unit shall be 4 feet, except as provided in (1) above. 3. A detached or attached accessory dwelling unit shall be located at least 6 feet to the rear of the primary dwelling unit and any other existing or proposed structures on the lot, as applicable. 4. The maximum height for a detached accessory dwelling unit shall be 16 feet. The maximum height for an attached dwelling unit shall conform to the height requirements of the zoning district where the site is located. 5. Each accessory dwelling unit shall have a separate entry or exterior door access from the primary unit. Where possible, the exterior entry for an attached accessory dwelling unit or an accessory dwelling unit located within an existing single-unit dwelling shall not be located adjacent to the primary front door of the primary dwelling unit. 6. Development standards for lot coverage, floor area ratio, open space and/or setbacks of the zoning district in which the site is located that does not permit at least an 800 square foot accessory dwelling unit that is at least 16 feet in height with 4-foot side and rear yard setbacks shall be waived. E. Maximum Floor Area. 1. Attached Accessory Dwelling Unit. The total floor area of an attached accessory dwelling unit shall not exceed 50 percent of the floor area of the primary unit or 800 square feet, whichever is greater, with a maximum allowable floor area of 1,000 square feet. 2. Detached Accessory Dwelling Unit. The total floor area of a detached accessory dwelling unit shall not exceed 1,000 square feet. 3. Converted Accessory Dwelling Unit. When an accessory dwelling unit is created within an existing accessory structure, an expansion beyond the existing physical structure is limited to 150 square feet and shall be solely to accommodate ingress and egress. F. Architectural Compatibility. An accessory dwelling unit shall be designed and constructed so as to blend with and complement the existing or proposed single or multi- unit dwelling in terms of height, roofing, siding materials and color. G. Parking. One independently usable on-site parking space shall be provided for each accessory dwelling unit or bedroom, whichever is less, unless the accessory dwelling unit meets any of the following criteria, in which case no parking spaces shall be required: 1. Within a half-mile walking distance of public transit; 2. Within an architecturally and historically significant historic district, as determined by the Chief Planner; 3. Is part of an existing or proposed primary dwelling unit or accessory structure; 4. Is in an area where on-street parking permits are required, but not offered to the occupant of the accessory dwelling unit; or 5. Within one block of a car share area. If a space is required, it shall be provided in addition to the required parking for the primary single or multi-unit dwelling and shall comply with all development standards set forth in Chapter 20.330 (“On-Site Parking and Loading”). Required parking may be provided as tandem parking on a driveway or in setback areas unless the Chief Planner makes specific findings that tandem parking and parking in setback areas is not feasible because of specific topographical conditions and/or conditions that would pose a risk to health and safety or violate any fire or building code provisions. Replacement parking shall not be required when existing off-street parking for the primary single or multi-unit dwelling is converted to an accessory dwelling unit or demolished in conjunction with the construction of an accessory dwelling unit. H. Code Compliance. An accessory dwelling unit shall comply with all applicable provisions of the South San Francisco Municipal Code relating to health, welfare, public peace and safety, in effect at the time of approval of the building permit, and as follows: 1. If the proposed accessory dwelling unit is attached or within the primary dwelling unit, the primary unit must comply with all building, electrical, plumbing, and housing code requirements in effect at the time the building permit is issued for the accessory dwelling unit. 2. Products of combustion detectors shall be required for each primary and accessory dwelling unit. 3. Delay of Enforcement of Building Standards. a. Prior to January 1, 2030, the owner of an accessory dwelling unit that was built before January 1, 2020 may submit an application to the Chief Building Official requesting that correction of any violation of building standards be delayed for five years. For purposes of this section, “building standards” refers to those standards enforced by local agencies under the authority of Section 17960 of the California Health and Safety Code. b. The Chief Building Official shall grant the application if the Chief Building Official determines that enforcement of the building standard is not necessary to protect health and safety. In making this determination, the Chief Building Official shall consult with the Fire Marshal. c. No applications pursuant to this section shall be approved on or after January 1, 2030. However, any delay that was approved before January 1, 2030, shall be valid for the full term of the delay that was approved at the time of the approval of the application. d. Until January 1, 2030, any notice to correct a violation of building standard that is issued to the owner of an accessory dwelling unit built before January 1, 2020 shall include a statement that the owner has a right to request a delay in enforcement of the building standard for an accessory dwelling unit pursuant to this section. e. This section shall remain in effect until January 1, 2035 and as of that date is repealed. I. Use Limitation. An accessory dwelling unit may be rented separate from a primary single or multi-unit dwelling but may not be sold or otherwise conveyed separate from the primary unit. J. Deed Restrictions. Prior to obtaining a building permit for an accessory dwelling unit, a deed restriction, approved as to form and content by the City Attorney, shall be recorded with the County Recorder’s office, which shall include the pertinent restrictions and limitations of an accessory dwelling unit identified in this chapter. Said deed restriction shall run with the land, and shall be binding upon any future owners, heirs, or assigns. A copy of the recorded deed restriction shall be filed with the Department stating that: 1. The accessory dwelling unit cannot be sold separately. 2. The accessory dwelling unit is restricted to the maximum size allowed per the development standards. 3. The restrictions shall be binding upon any successor in ownership of the property, the City may enforce these provisions at the cost of the owner, and enforcement may include legal action against the property owner including revocation of any right to maintain an accessory dwelling unit on the property. K. Junior Accessory Dwelling Units. A junior accessory dwelling unit is a unit that is no more than 500 square feet in size and contained entirely within an existing or proposed single-unit dwelling within the existing footprint. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure. 1. Development Standards. Junior accessory dwelling units shall comply with the following standards: a. Number of Units Allowed. Only one junior accessory dwelling unit may be located on any lot in any district where single-unit dwellings are permitted or conditionally permitted. A junior accessory dwelling unit may only be combined with a newly constructed detached accessory dwelling unit that conforms to the development standards in this chapter. b. Location. A junior accessory dwelling unit may only be located on a lot where a single-unit dwelling has been previously constructed or is proposed to be constructed in conjunction with construction of a junior accessory dwelling unit. A junior accessory dwelling unit must be created within the walls of an existing or proposed single-unit dwelling. c. Separate Entry Required. A separate exterior entry shall be provided to serve a junior accessory dwelling unit. Where possible, the exterior entry for a junior accessory dwelling unit shall not be located adjacent to the primary front door of the primary dwelling unit. d. Interior Entry Required. If a junior accessory dwelling unit is constructed without a separate sanitation facility, the unit shall have interior doorway access to the primary dwelling unit. e. Kitchen Requirements. The junior accessory dwelling unit shall include an efficiency kitchen, requiring and limited to the following components: i. A sink; ii. A cooking facility with appliances; and iii. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the unit. f. Minimum and Maximum Floor Area. The minimum total floor area of a junior accessory dwelling unit shall be at least the minimum area of an efficiency unit as described in Section 17958.1 of the California Health and Safety Code but shall not exceed a maximum of 500 square feet of floor area. 2. Parking. No additional parking shall be required. 3. Owner Occupancy. The owner of a parcel proposed for a junior accessory dwelling unit shall occupy as a principal residence either the primary dwelling unit or the accessory dwelling unit. 4. Sale Prohibited. A junior accessory dwelling unit shall not be sold independently of the primary dwelling on the parcel. 5. Deed Restriction. Prior to obtaining a building permit for a junior accessory dwelling unit, a deed restriction, approved by the City Attorney, shall be recorded with the County Recorder’s office, which shall include the pertinent restrictions and limitations of a junior accessory dwelling unit identified in this section. Said deed restriction shall run with the land, and shall be binding upon any future owners, heirs, or assigns. A copy of the recorded deed restriction shall be filed with the Department stating that: a. The junior accessory dwelling unit shall not be sold separately from the primary dwelling unit; b. The junior accessory dwelling unit is restricted to the maximum size allowed per the development standards; c. The junior accessory dwelling unit shall be considered legal only so long as either the primary dwelling unit, or the junior accessory dwelling unit, is occupied by the owner of record of the property; d. The restrictions shall be binding upon any successor in ownership of the property and lack of compliance with this provision may result in legal action against the property owner, including revocation of any right to maintain a junior accessory dwelling unit on the property. L. Utilities and Impact Fees. 1. No accessory dwelling unit shall be permitted if it is determined that there is not adequate water or sewer service to the property. 2. Only an accessory dwelling unit constructed with a new single or multi-unit dwelling shall be required to have a new or separate utility connection, including a separate sewer lateral, between the accessory dwelling unit and the utility. If a new or separate utility connection is required pursuant to this section or installed upon request of the property owner, a connection fee or capacity charge shall be charged that is proportionate to the size in square feet of the accessory dwelling unit or its drainage fixture unit (DFU) values. Separate electric and water meters shall be required for the accessory dwelling unit. 3. Impact Fees. No impact fees may be imposed on an accessory dwelling unit that is less than 750 square feet in size. For purposes of this section, “impact fees” include the fees specified in Sections 66000 and 66477 of the Government Code, but do not include utility connection fees or capacity charges. For accessory dwelling units that have a floor area of 750 square feet or more, impact fees shall be charged proportionately in relation to the square footage of the primary dwelling unit. City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-335 Agenda Date:5/27/2020 Version:1 Item #:12. Report regarding a resolution to approve one-year extensions to the Memorandums of Understanding between the City of South San Francisco and AFSCME Local 829,Teamsters Local 856 (Confidential Unit and Mid- Management Unit),and IUOE Local 39,including a three percent (3%)wage increase effective July,2020 (Leah Lockhart, Human Resources Director) RECOMMENDATION Staff recommends that City Council approve a resolution authorizing the City Manager to execute agreements with AFSCME Local 829,Teamsters Local 856 and IUOE Local 39 to provide for one-year extensions of the respective Memorandums of Understanding and a three percent (3%)wage increase effective July, 2020. BACKGROUND/DISCUSSION The City’s full-time workforce is organized into seven (7)represented bargaining units,and one unrepresented unit for at-will executive management employees.The City negotiates and administers Memorandums of Understanding (MOUs)with each represented unit to provide for wages,hours,and terms and conditions of employment in accordance with the Meyers-Millias-Brown Act (MMBA).Last fall,City Council gave direction to City staff to commence negotiations with the four labor groups whose MOUs were scheduled to expire on June 30,2020.Under the parameters set by Council,the City began negotiations with the American Federation of State,County and Municipal Employees Local 829 (“AFSCME”),Teamsters Local 856 Mid- Management unit and Confidential unit,and the International Union of Operating Engineers (“IUOE”)Local 39.These units represent the vast majority of the City’s non-public safety workforce across ten operating departments. Several meetings were held with labor groups between December and March.However,in the course of negotiations,the COVID-19 pandemic crisis evolved rapidly,dramatically altering conditions for both the City’s finances and the ability of staff and labor representatives to conduct meaningful,comprehensive MOU negotiations.Given both the limitations on ability to conduct negotiations due the local State of Emergency and a County-wide Shelter-in-Place order,as well as the resulting financial uncertainty faced by the City,Council gave direction to staff to negotiate a one-year extension with an across-the-board wage adjustment with each unit.Designated City representatives met and conferred with each labor group and reached tentative agreement on terms for a one-year extension of each current MOU. The agreements extend the term of the MOUs by one year,expiring on June 30,2021.Each agreement also contains a provision for a three percent (3%)across-the-board wage increase effective the first pay period of July,2020.This amount is consistent with the scheduled wage increase for the City’s three public safety employee units and executive management unit,whose MOUs and compensation plan remain in effect through June 30,2022.By granting the same adjustment to employees represented by AFSCME,Teamsters,and IUOE, the City can maintain relative equity across the City’s workforce.Staff recognizes that the economic impact of the COVID-19 crisis will result in significant revenue losses for the City,the full impact of which remains uncertain.However,staff have worked collaboratively to develop budget recommendations for fiscal year 2020 -21 to address the immediate revenue loss while still maintaining an appropriate compensation package for employees in light of increased cost of living over the past year.In addition,this short-term extension providesCity of South San Francisco Printed on 5/22/2020Page 1 of 2 powered by Legistar™ File #:20-335 Agenda Date:5/27/2020 Version:1 Item #:12. employees in light of increased cost of living over the past year.In addition,this short-term extension provides the City with additional time to monitor and evaluate the full fiscal impact of COVID-19 prior to resuming full MOU negotiations for changes to wages and benefit packages, potentially with multi-year agreements. FISCAL IMPACT Three percent (3%)wage adjustment represents an increase of approximately $600,000 to the City’s total operating budget,of which approximately seventy percent (70%)will be allocated to positions within the City’s General Fund.These amounts are factored in to the proposed 2020-21 budget which will be presented to Council next month. RELATIONSHIP TO STRATEGIC PLAN The recommended MOU extension agreements supports the strategic initiative of Workforce Development,by maintaining a competitive compensation package to attract,retain,and reward employees,and the strategic initiative of Fiscal Sustainability,by providing a short-term commitment to employees while the full financial impact of the COVID-19 crisis continues to be assessed. CONCLUSION Staff recommends that Council adopt a resolution approving one-year extensions of the Memorandums of Understanding between the City and AFSCME,Teamsters,and IUOE,in order to allow time for full assessment of the financial impacts of COVID-19 and,in the interim,provide for a wage adjustment equal to that which will be granted to other employee groups. City of South San Francisco Printed on 5/22/2020Page 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 #:20-336 Agenda Date:5/27/2020 Version:1 Item #:12a. Resolution to approve one-year extensions to the Memorandums of Understanding between the City of South San Francisco and AFSCME Local 829,Teamsters Local 856 (Confidential and Mid-Management Units),and IUOE Local 39 including a three percent (3%) wage increase effective July, 2020. WHEREAS,City-designated representatives met and conferred with AFSCME Local 829,Teamsters Local 856 (Confidential Unit and Mid-Management Unit)and IUOE Local 39,and have reached tentative agreement over the terms and conditions of a one-year extension for each unit’s current Memorandum of Understanding (MOU); and WHEREAS, each bargaining unit has ratified their respective agreement with their membership; and WHEREAS,each agreement provides for an extension of the existing MOU to June 20,2021,and a three percent (3%) across-the-board wage adjustment for all represented positions; and WHEREAS,staff recommends approval of the agreements in order to provide wage adjustments commensurate while allowing for time for staff to reassess the City’s financial condition in light of the ongoing COVID-19 crisis prior to resuming full negotiations over a successor Memorandum of Understanding with each group. NOW,THEREFORE,be it resolved by the City Council of the City of South San Francisco that the City Council hereby approves the agreement to extend the MOU between the City and AFSCME Local 829, attached as Exhibit A; and BE IT FURTHER RESOLVED that the City Council hereby approves the agreement to extend the MOU between the City and the Mid-Management Unit (Teamsters Local 856), attached as Exhibit B; and BE IT FURTHER RESOLVED that the City Council hereby approves the agreement to extend the MOU between the City and the Confidential Unit (Teamsters Local 856), attached as Exhibit C; and BE IT FURTHER RESOLVED that the City Council hereby approves the agreement to extend the MOU between the City and IUOE Local 39 attached as Exhibit D; and BE IT FURTHER RESOLVED that the City Council hereby authorizes the City Manager,or his designee,to execute any necessary documents or take another action consistent to complete the intent of this resolution. ***** City of South San Francisco Printed on 5/29/2020Page 1 of 1 powered by Legistar™ EXHIBIT A 1 Side Letter Agreement City of South San Francisco/AFSCME Local 829 Side Letter Agreement to Memorandum of Understanding City of South San Francisco and American Federation of State, County, and Municipal Employees (AFSCME), Local 829 WHEREAS, the City of South San Francisco (“City”) and AFSCME Local 829 (“Union”), have met and conferred regarding amendments to the Memorandum of Understanding (MOU) dated July 1, 2017 – June 30, 2020; and WHEREAS, the parties agree to amend the MOU to provide for a one-year extension of the agreement with an across-the-board wage adjustment for the fourth year of the agreement. THEREFORE, IT IS HEREBY AGREED THAT, the Articles of MOU between the City and the Union shall be amended as follows: 1. Article 1 Preamble: This Memorandum of Understanding is entered into by the City of South San Francisco, hereinafter designated as City and the American Federation of State, County, and Municipal Employees, Local 829, hereinafter designated as Union as a mutual agreement of those wages, hours, and conditions of employment which are to be in effect during the period of July 1, 2017 through June 30, 2021, for those employees working in classifications in the representative unit referred to in Appendix A of this Memorandum of Understanding (MOU). 2. Article 4: Wages and Compensation 4.2 – Wage Rates: All members of the bargaining unit shall receive across-the-board base pay adjustments in the amounts and with the effective dates as follows: Year 1 (July 1, 2017-June 30, 2018) effective the first full pay period including July 1, 2017, or the first full pay period following the adoption of the MOU by Council, whichever is later: three percent (3%); whichever is later; Year 2 (July 1, 2018-June 30, 2019) effective the first full pay period of July 2018: three percent (3%); Year 3 (July 1, 2019-June 30, 2020) effective the first full pay period of July 2019: three percent (3%). Year 4 (July 1, 2020 – June 30, 2021) effective the first full pay period of July 2020: Three percent (3%). EXHIBIT A 2 Side Letter Agreement City of South San Francisco/AFSCME Local 829 There will be no retroactive across-the-board base pay adjustments. Except for those terms listed in this side-letter Agreement, all terms of the current MOU shall remain in effect. This Agreement shall become effective upon City Council approval, contingent upon Union ratification no later than May 8, 2020. For the UNION: For the CITY: _________________________________ _____________________________________ Ashley Mates, Business Representative Leah Lockhart, Human Resources Director _________________________________ ____________________________________ Richard Brooks, AFSCME Shop Steward Mike Futrell, City Manager _________________________________ Tristan Kent, AFSCME Shop Steward _________________________________ Alan Patrick, AFSCME Shop Steward _________________________________ Richard Pence, AFSCME Shop Steward _________________________________ Peter Shea, AFSCME Shop Steward _________________________________ Dave Wigton, AFSCME Shop Steward EXHIBIT B Side Letter Agreement to Memorandum of Understanding City of South San Francisco and Mid-Management Group – Teamsters Local 856 1 Side Letter Agreement City of South San Francisco/Mid-Management – Teamsters Local 856 WHEREAS, the City of South San Francisco (“City”) and Mid-Management Teamsters Local 856 (“Union”), have met and conferred regarding amendments to the Memorandum of Understanding (MOU) dated July 1, 2017 – June 30, 2020; and WHEREAS, the parties agree to amend the MOU to provide for a one-year extension of the agreement with an across-the-board wage adjustment for the fourth year of the agreement. THEREFORE, IT IS HEREBY AGREED THAT, the Articles of MOU between the City and the Union shall be amended as follows: 1. Article 1 Preamble: This Mid-management Memorandum of Agreement/Compensation Plan sets forth those salaries, benefits, terms, and conditions of employment in effect for the period July 1, 2017 through June 30, 2021, and continues thereafter unless modified by the City Council. 2. Article 4: Compensation 4.2 Wage Rates—All members of the bargaining unit shall receive across-the-board base pay adjustments in the amounts and with the effective dates as follows:  Year 1 (July 1, 2017-June 30, 2018) effective the first full pay period including July 1, 2017, or the first full pay period following the adoption of the MOU by Council, whichever is later: three percent (3%);  Year 2 (July 1, 2018-June 30, 2019) effective the first full pay period of July 2018: three percent (3%);  Year 3 (July 1, 2019-June 30, 2020) effective the first full pay period of July 2019: three percent (3%).  Year 4 (July 1, 2020 – June 30, 2021) effective the first full pay period of July 2020: Three percent (3%). There will be no retroactive across-the-board base pay adjustments. Except for those terms listed in this side-letter Agreement, all terms of the current MOU shall remain in effect. This Agreement shall become effective upon City Council approval, and contingent upon Union ratification no later than May 8, 2020. For the UNION: For the CITY: _________________________________ _____________________________________ Mark Leach, Business Representative Leah Lockhart, Human Resources Director 2 Side Letter Agreement City of South San Francisco/Mid-Management – Teamsters Local 856 For the UNION (Continued): For the CITY (Continued): _________________________________ _____________________________________ Kelli Jo Cullinan Mike Futrell, City Manager _________________________________ Adena Friedman _________________________________ Deanna Talavera EXHIBIT C Side Letter Agreement to Memorandum of Understanding City of South San Francisco and Confidential Unit – Teamsters Local 856 1 Side Letter Agreement City of South San Francisco/Confidential – Teamsters Local 856 WHEREAS, the City of South San Francisco (“City”) and Confidential Unit - Teamsters Local 856 (“Union”), have met and conferred regarding amendments to the Memorandum of Understanding (MOU) dated July 1, 2017 – June 30, 2020; and WHEREAS, the parties agree to amend the MOU to provide for a one-year extension of the agreement with an across-the-board wage adjustment for the fourth year of the agreement. THEREFORE, IT IS HEREBY AGREED THAT, the Articles of MOU between the City and the Union shall be amended as follows: 1. Preamble This Memorandum of Understanding is entered into by the City of South San Francisco, hereafter designated as “City” and the Teamsters Local 856, AFL-CIO, hereafter designated as “Union” as a mutual agreement for those wages, hours, and conditions of employment in effect during the period of July 1, 2017 through June 30, 2021. 2. Article 3: Salaries 3.2 Wage Rates—All members of the bargaining unit shall receive across-the-board base pay adjustments in the amounts and with the effective dates as follows:  Year 1 (July 1, 2017-June 30, 2018) effective the first full pay period including July 1, 2017, or the first full pay period following the adoption of the MOU by Council, whichever is later: three percent (3%);  Year 2 (July 1, 2018-June 30, 2019) effective the first full pay period of July 2018: three percent (3%);  Year 3 (July 1, 2019-June 30, 2020) effective the first full pay period of July 2019: three percent (3%).  Year 4 (July 1, 2020 – June 30, 2021) effective the first full pay period of July 2020: Three percent (3%). There will be no retroactive across-the-board base pay adjustments. Except for the terms listed in this Side-Letter Agreement, all terms of the current MOU shall remain in effect. This Agreement shall become effective upon City Council approval, and contingent upon Union ratification no later than May 8, 2020. For the UNION: For the CITY: _________________________________ _____________________________________ Mark Leach, Business Representative Leah Lockhart, Human Resources Director EXHIBIT C 2 Side Letter Agreement City of South San Francisco/Confidential – Teamsters Local 856 For the UNION (Continued): For the CITY (Continued): _________________________________ _____________________________________ Michele Clary Mike Futrell, City Manager _________________________________ Anita Palafox _________________________________ Jennifer Rosas EXHIBIT D 1 Side Letter Agreement City of South San Francisco/IOUE Local 39 Side Letter Agreement to Memorandum of Understanding City of South San Francisco and International Union of Operation Engineers (IUOE) Local 39 WHEREAS, the City of South San Francisco (“City”) and IUOE Local 39 (“Union”), have met and conferred regarding amendments to the Memorandum of Understanding (MOU) dated July 1, 2017 – June 30, 2020; and WHEREAS, the parties agree to amend the MOU to provide for a one-year extension of the agreement with an across-the-board wage adjustment for the fourth year of the agreement. THEREFORE, IT IS HEREBY AGREED THAT, the Articles of MOU between the City and the Union shall be amended as follows: 1. Preamble This Memorandum of Understanding is entered into by the City of South San Francisco, hereafter designated as “City” and the International Union of Operating Engineers, Stationary Engineers Local 39, AFL-CIO, hereafter designated as “Union” as a mutual agreement for those wages, hours, and conditions of employment in effect during the period of July 1, 2017 through June 30, 2021. 2. Article 6. Salaries and Other Compensation 6.3.1 – Wage Rates: All members of the bargaining unit shall receive across-the-board base pay adjustments in the amounts and with the effective dates as follows: Year 1 (July 1, 2017-June 30, 2018) effective the first full pay period including July 1, 2017, or the first full pay period following the adoption of the MOU by Council, whichever is later: three percent (3%); whichever is later; Year 2 (July 1, 2018-June 30, 2019) effective the first full pay period of July 2018: three percent (3%); Year 3 (July 1, 2019-June 30, 2020) effective the first full pay period of July 2019: three percent (3%). Year 4 (July 1, 2020 – June 30, 2021) effective the first full pay period of July 2020: Three percent (3%). There will be no retroactive across-the-board base pay adjustments. Except for those terms listed in this side-letter Agreement, all terms of the current MOU shall remain in effect. This Agreement shall become effective upon City Council approval, contingent upon Union ratification no later than May 15, 2020. EXHIBIT D 2 Side Letter Agreement City of South San Francisco/IOUE Local 39 For the UNION: For the CITY: _________________________________ _____________________________________ Bart Florence, Business Manager Leah Lockhart, Human Resources Director _________________________________ _____________________________________ Steve Crouch, Director of Public Employees Mike Futrell, City Manager _________________________________ Mark E. Gong, Business Representative City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-361 Agenda Date:5/27/2020 Version:1 Item #: Report regarding a resolution amending an existing agreement with the County of San Mateo for continued facilitation and coordination of animal control and licensing services for an additional one-year term beginning July 1,2020 through June 30,2021,and authorize the City Manager to execute the amendment.(Sharon Ranals, Assistant City Manager) RECOMMENDATION It is recommended that the City Council adopt a Resolution amending an existing Agreement with the County of San Mateo for continued facilitation and coordination of Animal Control and Licensing Services for an additional one-year term beginning July 1,2020 through June 30,2021,and authorize the City Manager to execute the amendment, at an estimated cost for fiscal year 2020-21 of $708,050. BACKGROUND/DISCUSSION An agreement with the County related to animal control services was last adopted by City Council on March 25,2015,with a five-year term which expires on June 30,2020.The Staff Report from 2015 provides the following background: Animal Control has been one of the longest running regional/shared services in San Mateo County. Since 1952,the County has contracted with the Peninsula Humane Society (PHS)for animal control field and sheltering service.All twenty cities in the County have in turn contracted with the County for these services.Historically,cities have taken advantage of the economies of pooling resources in order to realize lower costs for services than each city could likely achieve by providing its own services. Cities participating in the Animal Control agreement include:Atherton,Belmont,Brisbane,Burlingame, Colma,Daly City,East Palo Alto,Foster City,Half Moon Bay,Hillsborough,Menlo Park,Millbrae,Pacifica, Portola Valley, Redwood City, San Bruno, San Carlos, San Mateo, South San Francisco, and Woodside. The current Animal Control agreement includes the following services: ·Rescue injured animals ·Capture of at-large or stray animals ·Investigate animal bites and attacks ·Removal of dead animals from public property ·Removal of dead or living wildlife from private property if such wildlife has direct contact with humans and/or animals that involves a bite or attack ·Enforce leash laws and local ordinances (not including barking dog complaints,to be reported to local police) ·Euthanasia of severely injured animals ·Investigate reports of animal cruelty ·Provision of shelter services,including impounding,receiving of unwanted animals,housing, redemptions, treatment, sale, and adoption of animals ·Provision of treatment services to injured animals ·Conduct administrative hearings for Dangerous and Vicious Animal designations under the guidelines City of South San Francisco Printed on 10/28/2020Page 1 of 3 powered by Legistar™ File #:20-361 Agenda Date:5/27/2020 Version:1 Item #: of the applicable City’s ordinance, if any ·Provide in-person customer service at a minimum of two County locations that are open during normal business hours to enable residents the ability to obtain animal licenses and/or permits for all dogs and cats ·Work with San Mateo County veterinarians to ensure anti-rabies vaccination reporting is carried out as required by the County. In 2019,prior to the expiration of the agreement,the County hired an outside consultant,Citygate Associates, to conduct a performance audit of the operator,PHS.Contracted cities were invited to communicate any issues or concerns that they wanted to see examined in the audit.A report,“Animal Care,Control,and Shelter Services Contract Compliance Review”was issued on December 9,2019.The report outlined opportunities to strengthen future contracts,clarify expectations,and improve ongoing communications between all parties.The review resulted in 28 recommendations, with an opportunity provided for PHS to respond. A subcommittee of several City Managers,led by George Rodericks from Atherton,was established to meet with County administrators to discuss and recommend changes in future contract provisions.The County will continue to evaluate the existing agreement with the Peninsula Humane Society and is entering into a one-year extension to facilitate that evaluation before making recommendations regarding a long-term contract. Negotiations with PHS resulted in several changes in the contract terms for a one-year contract extension,with the fees charged to cities to remain essentially flat for 2020-21;the total county-wide total paid to PHS is not to exceed $6,625,381.It should be noted that Cities are billed for and pay actual costs based on each City’s proportionate share,with an offset or credit given for that City’s share of licensing revenue for the last calendar year.The methodology for billing is specified in new Section 4.2 of the Agreement,which is included in the attached Amendment.Calculations for the twenty cities for fiscal year 2019-20 and 2020-21 are attached to this report. Fees charged by PHS for services provided to the public will not increase in 2020-21. These fees are as follows: One-year license $4.28 per license Multi-year license $4.28 for the first year and $2 for each additional year Late fees collected $2.50 collection service fee for each license Replacement tags $4.28 per tag Bank and supply fees Actual Cost Another significant provision in the terms,as specified in Section 5.3 of the Agreement and called out in the Amendment,refers to the total cost of construction of the new Animal Shelter in San Mateo,and the Memorandum of Understanding (MOU),which was agreed to by the Cities and County on September 9,2014. The revision to the MOU provides that the total cost of the shelter construction project is being updated,and when available the County will provide to Cities the final total cost of the Shelter construction which will be paid proportionately by each City as provided by the Memorandum.The MOU provides that the County would advance the funds for construction,to be repaid by the municipalities according to their share,though a 30- year,interest-free lease agreement.Continued Animal Control and shelter services to a City is contingent on that City approving any amended cost and proportionate share, as previously agreed in the MOU. The Peninsula Humane Society has already approved a one-year extension to its agreement with the County. Approval of the Amendment to the Agreement between the County and the Cities will be agendized for consideration by the San Mateo County Board of Supervisors at the end of June, 2020. City of South San Francisco Printed on 10/28/2020Page 2 of 3 powered by Legistar™ File #:20-361 Agenda Date:5/27/2020 Version:1 Item #: FISCAL IMPACT The percentage share of each City’s costs is set by formula and services provided,and is revisited annually. South San Francisco’s estimated share for 2020-21 will be 9.97%of the total contract amount of $6,625,381,or $660,550.In addition,the City is assessed a proportional share of the County’s total costs to administer the contract,estimated at $475,000,which is approximately $47,500 for South San Francisco’s share.The total estimated Animal Control costs for South San Francisco are $708,050,which is comparable to the costs for the current year.City Council is also alerted to an increase in South San Francisco’s prorated share of updated construction costs for the new regional Shelter facility in San Mateo, which will be provided when available. RELATIONSHIP TO STRATEGIC PLAN Approval of this one-year contract amendment for Animal Services addresses several Strategic Plan Priority Areas:qualify of life,by making providing valuable services for pet owners;and public safety,by providing for the capture and shelter of stray and dangerous animals and the removal of dead animals on public property,in addition to other animal control services noted in this report. CONCLUSION Animal Services has been a long standing shared service among twenty cities in San Mateo County.Delivery of animal services through a regional contract is likely more cost-effective than were South San Francisco to provide services and operate an animal shelter independently or through smaller subgroupings.Given the current Covid-19 pandemic,and uncertainty of the 2020-21 budget,it is prudent to extend the existing five-year contract with Peninsula Humane Society for one additional year,with no increase in rates charged over the prior fiscal year. ATTACHMENTS 1.2019-20 Final Animal Control Costs to Cities 2.2020-21 Estimated Animal Control Costs to Cities City of South San Francisco Printed on 10/28/2020Page 3 of 3 powered by Legistar™ FINAL - FY 2019-20 ANIMAL CONTROL COSTS FY 2018-19 Control rev less control & licensing exp less licensing rev CY 2018 licensing revenue TOTAL OF AC&L Rev less exp $5,953,611 $941,801 $6,895,412 CITY Service Level Service Level Field Animals Service Level Final Estimated CY 2018 Licensing Revenue Adjusted Percentage Percentage Services Received Percentage 2019-20 2019-20 2019-20 Percent Percent Distribution City Cost City Cost Yr 1 CY 2016 Actual Yr 2 CY 2017 Actual CY2018 CY2018 Yr 3 CY 2018 Actual Before subtracting license revenue % of total revenue Licensing Revenue Collected Atherton 1.02%0.77%1.34%0.83%1.04%0.94%$64,977 1.21%$11,422 $53,555 Belmont 2.76%2.87%3.87%2.55%3.09%2.91%$200,369 4.73%$44,593 $155,776 Brisbane 0.92%0.87%0.73%0.74%0.74%0.84%$58,046 0.60%$5,643 $52,403 Burlingame 3.99%3.93%3.67%3.81%3.76%3.89%$268,323 4.72%$44,440 $223,883 Colma 0.56%0.63%0.64%0.44%0.52%0.57%$39,420 0.15%$1,414 $38,006 Daly City 10.75%10.92%8.27%11.56%10.21%10.63%$732,856 7.43%$70,002 $662,854 East Palo Alto 8.52%9.35%6.40%9.21%8.06%8.64%$596,011 1.10%$10,381 $585,631 Foster City 2.63%2.62%6.16%2.39%3.94%3.06%$211,143 4.07%$38,290 $172,853 Half Moon Bay 1.86%2.11%1.87%1.86%1.87%1.94%$134,029 2.86%$26,917 $107,113 Hillsborough 1.74%1.55%1.86%1.28%1.52%1.60%$110,625 2.72%$25,620 $85,005 Menlo Park 4.02%4.32%4.44%4.13%4.26%4.20%$289,441 3.71%$34,896 $254,545 Millbrae 2.05%2.34%1.76%2.44%2.16%2.19%$150,677 2.57%$24,210 $126,467 Pacifica 5.91%5.32%5.55%4.37%4.86%5.36%$369,622 7.37%$69,416 $300,206 Portola Valley 0.59%0.54%0.82%0.12%0.41%0.51%$35,381 1.31%$12,351 $23,031 Redwood City 12.14%12.39%11.53%13.42%12.65%12.39%$854,503 12.89%$121,429 $733,074 San Bruno 5.74%5.94%4.87%6.90%6.07%5.92%$407,971 5.02%$47,315 $360,656 San Carlos 3.11%3.41%3.59%2.78%3.11%3.21%$221,293 5.61%$52,838 $168,455 San Mateo 14.49%14.49%12.12%16.30%14.59%14.52%$1,001,319 15.48%$145,822 $855,497 S. San Francisco 9.75%9.64%9.35%11.31%10.51%9.97%$687,233 7.66%$72,124 $615,109 Woodside 1.05%1.08%1.68%0.91%1.23%1.12%$77,221 1.29%$12,148 $65,073 County 6.40%4.91%9.47%2.64%5.44%5.58%$384,960 7.49%$70,531 $314,429 Total 100.00%100.00%100.00%100.00%100.00%100.00%$6,895,420 100.00%$941,801 $5,953,619 FINAL - FY 2019-20 Animal Control Costs - calculating Field @ 41% & Shelter @ 59% over 3 years and using past calendar year license revenue per city as of 12/5/2019 ESTIMATE - FY 2020-21 ANIMAL CONTROL COSTS FY 2019-20 Control rev less control & licensing exp less licensing rev CY 2019 licensing revenue TOTAL OF AC&L Rev less exp $6,131,843 $1,007,063 $7,138,906 CITY Service Level Service Level Field Animals Service Level Final Estimated CY 2018 Licensing Revenue Adjusted Percentage Percentage Services Received Percentage 2020-21 2020-21 2020-21 Percent Percent Distribution City Cost City Cost Yr 2 CY 2017 Actual Yr 3 CY 2018 Actual CY2019 CY2019 Yr 3 CY 2019 Actual Before subtracting license revenue % of total revenue Licensing Revenue Collected Atherton 0.77%1.04%1.26%0.94%1.07%0.96%$68,518 1.32%$13,320 $55,198 Belmont 2.87%3.09%3.22%2.25%2.65%2.87%$204,763 4.65%$46,796 $157,967 Brisbane 0.87%0.74%1.06%0.75%0.88%0.83%$59,118 0.66%$6,637 $52,482 Burlingame 3.93%3.76%3.79%3.16%3.41%3.70%$264,145 4.57%$46,055 $218,090 Colma 0.63%0.52%0.59%0.27%0.40%0.52%$37,005 0.16%$1,637 $35,368 Daly City 10.92%10.21%8.49%10.91%9.92%10.35%$738,913 7.16%$72,076 $666,837 East Palo Alto 9.35%8.06%6.33%9.23%8.04%8.48%$605,592 0.89%$8,926 $596,666 Foster City 2.62%3.94%2.67%2.37%2.49%3.02%$215,344 4.14%$41,654 $173,690 Half Moon Bay 2.11%1.87%2.31%1.68%1.94%1.97%$140,700 2.80%$28,185 $112,515 Hillsborough 1.55%1.52%1.99%1.72%1.83%1.63%$116,540 2.65%$26,696 $89,844 Menlo Park 4.32%4.26%4.93%5.22%5.10%4.56%$325,434 3.29%$33,102 $292,332 Millbrae 2.34%2.16%2.18%2.37%2.29%2.26%$161,636 2.98%$30,031 $131,605 Pacifica 5.32%4.86%6.29%5.90%6.06%5.41%$386,393 7.46%$75,149 $311,244 Portola Valley 0.54%0.41%0.73%0.19%0.41%0.45%$32,347 1.53%$15,416 $16,931 Redwood City 12.39%12.65%11.86%15.36%13.92%12.99%$927,087 12.88%$129,703 $797,384 San Bruno 5.94%6.07%5.05%6.31%5.80%5.94%$423,758 5.15%$51,912 $371,846 San Carlos 3.41%3.11%3.42%2.54%2.90%3.14%$224,186 5.67%$57,096 $167,090 San Mateo 14.49%14.59%12.57%14.50%13.71%14.26%$1,018,156 15.41%$155,234 $862,922 S. San Francisco 9.64%10.51%8.77%10.43%9.75%9.97%$711,474 7.44%$74,916 $636,558 Woodside 1.08%1.23%1.44%0.72%1.02%1.11%$79,052 1.52%$15,301 $63,751 County 4.91%5.44%11.06%3.17%6.41%5.59%$398,818 7.67%$77,220 $321,598 Total 100.00%100.00%100.00%100.00%100.00%100.00%$7,138,979 100.00%$1,007,063 $6,131,916 ESTIMATE - FY 2020-21 Animal Control Costs - calculating Field @ 41% & Shelter @ 59% over 3 years and using past calendar year license revenue per city as of 3/26/2020 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-362 Agenda Date:5/27/2020 Version:1 Item #:13a. Resolution amending an existing agreement with the County of San Mateo for a one-year extension of animal control services beginning July 1,2020 through June 30,2021 for an additional annual amount not to exceed $708,050, and authorizing the City Manager to execute the amendment. WHEREAS,the City of South San Francisco (City)currently provides animal control services throughout the City through a shared regional Agreement between twenty cities (Cities)in San Mateo County (County)and the County; and WHEREAS,animal control services are necessary to capture and house stray animals,regulate Dangerous and Vicious animals,remove dead animals from public property,and provide licenses and other important services for pets in order to maintain public safety and promote and protect animal welfare; and WHEREAS,the current animal control Agreement with the County of San Mateo was first entered into in March, 2015, for a five-year term, expiring June 30, 2020; and WHEREAS,the County of San Mateo has contracted with Peninsula Humane Society (PHS)since 1952,with PHS continuing to serve as the vendor providing services under the current and extended animal contract; and WHEREAS,the County of San Mateo has conducted a performance audit of the PHS,and will continue to evaluate the existing agreement before making recommendations regarding a long-term contract; and WHEREAS,fees for services to be charged by PHS in fiscal year 2020-21,including animal license fees and replacement tags, will not be increased from the current fiscal year; and WHEREAS,the total operating cost for PHS for 2020-21 will not exceed $6,625,381,which has not increased over the current fiscal year,and South San Francisco’s prorated percentage of the total cost for 2020-2021 is identified at 9.97%, for an estimated annual cost of $660,550; and WHEREAS,the total county-wide administrative fee to be assessed on a prorated basis by the County to Cities participating in the current Agreement will be approximately $475,000,with South San Francisco’s prorated percentage estimated at $47,500 for 2020-21; and WHEREAS,South San Francisco’s total prorated annual cost of approximately $660,550,combined with the prorated administrative fee to be assessed by the County totals $708,050; and WHEREAS,the Amendment to the existing Agreement,attached hereto and incorporated herein,revises the Memorandum of Understanding (MOU)between the Cities and the County (Parties)regarding Funding of Construction of an Animal Care Shelter,dated September 9,2014,to provide that the total cost of the Shelter construction project is being updated,and the Parties agree that,when available,County will provide to each City the final total cost of the Shelter construction,which will be paid proportionately by each City as providedCity of South San Francisco Printed on 5/29/2020Page 1 of 2 powered by Legistar™ File #:20-362 Agenda Date:5/27/2020 Version:1 Item #:13a. City the final total cost of the Shelter construction,which will be paid proportionately by each City as provided by the MOU,and further,the Parties acknowledge and agree that continued animal control and shelter services to a City is contingent on that City approving any amended cost and proportionate share,as previously agreed in the MOU; and WHEREAS,due to the current COVID-19 pandemic and subsequent financial burden placed on the City’s General Fund,it is prudent to amend the agreement for animal services by approving a one-year extension, from July 1,2020 through June 30,2021,with no increase in animal license fees or operating costs for PHS; and WHEREAS,staff recommends joining twenty other cities in San Mateo County in amending certain provisions in the current Agreement with the County of San Mateo,and approving a one-year extension for citywide animal control and shelter services. NOW,THEREFORE,BE IT RESOLVED,by the City Council of the City of South San Francisco that the City Council hereby approves the Amendment attached hereto and incorporated herein as Exhibit A,and amends the Agreement with the County of San Mateo,California for citywide animal control and shelter services extend the term of the Agreement by twelve months beginning July 1,2020 through June 30,2021 for an additional amount not to exceed $708,050 for 2020-21,conditioned on the County’s timely execution of the project contract and submission of all required documents. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the Amendment to the Agreement between the County of San Mateo and the Cities in substantially the same form as that in Exhibit A, and to execute necessary documents on behalf of the City to facilitate the intent of this Resolution,all subject to approval as to form by the City Attorney. ***** City of South San Francisco Printed on 5/29/2020Page 2 of 2 powered by Legistar™ AMENDMENT TO AGREEMENT BETWEEN THE COUNTY OF SAN MATEO AND THE CITIES OF ATHERTON, BELMONT, BRISBANE, BURLINGAME, COLMA, DALY CITY, EAST PALO ALTO, FOSTER CITY, HALF MOON BAY, HILLSBOROUGH, MENLO PARK, MILLBRAE, PACIFICA, PORTOLA VALLEY, REDWOOD CITY, SAN BRUNO, SAN CARLOS, SAN MATEO, SOUTH SAN FRANCISCO, AND WOODSIDE FOR FACILITATION AND COORDINATION OF ANIMAL CONTROL SERVICES THIS AMENDMENT TO AGREEMENT is entered into this first day of July, 2020, by and between the County of San Mateo, hereinafter called "County," and Atherton, Belmont, Brisbane, Burlingame, Colma, Daly City, East Palo Alto, Foster City, Half Moon Bay, Hillsborough, Menlo Park, Millbrae, Pacifica, Portola Valley, Redwood City, San Bruno, San Carlos, San Mateo, South San Francisco, and Woodside, each hereinafter individually called a “City” and collectively called the “Cities,” and, together with the County, the “Parties”; W I T N E S S E T H: WHEREAS, the Parties previously entered into an Agreement for Facilitation and Coordination of Animal Control Services on or about July 1, 2015 (“Agreement”); and WHEREAS, such agreements are authorized by Section 51300, et seq. of the California Government Code; WHEREAS, the Parties wish to amend the Agreement to extend the term by one year, to June 30, 2021, and to make certain other amendments to the Agreement as set forth herein. NOW, THEREFORE, IT IS HEREBY AGREED BY THE PARTIES HERETO AS FOLLOWS: 1. The original Exhibit B (Proportionate Share of the Cost) in the Agreement is replaced in its entirety with a new Exhibit B (rev. July 1, 2020), attached hereto and incorporated by this reference. 2. A new Attachment 2 (Amendment to Agreement Between the County of San Mateo and Peninsula Humane Society, SPCA) is hereby added to the Agreement, and attached and incorporated by this reference. 3. A new Attachment 3 (Memorandum of Agreement Regarding Funding for Construction of Animal Control Shelter entered into by the Parties and dated September 9, 2014), is hereby added to the Agreement, and attached and incorporated by this reference. 4. Section 4.1 of the Agreement is replaced in its entirety by a new section 4.1, to read as follows: “4.1 a. The County will pay Animal Control Contractor the following agreed-to amounts. These costs are to be reimbursed by the Cities as provided in Section 3.8 above. Fiscal Year Amount 2015-16 $5,944,135 2016-17 $6,122,459 2017-18 $6,275,521 2018-19 $6,463,786 2019-20 $6,625,381 2020-21 $6,625,381 b. The County will pay Animal Licensing Contractor the following agreed-to amounts. These costs are to be reimbursed by the Cities as provided in Section 3.8 above. Contract Amount Current Contract 2013-2016 2019-2022 One-year license $3.80 per license $4.28 per license Multi-year license $3.80 for the first year and $2 for each additional year $4.28 for the first year and $2 for each additional year Late fees collected $2.50 collection service fee for each license $2.50 collection service fee for each license Replacement tags $3.80 per tag $4.28 per tag Bank and supply fees Actual cost Actual cost 5. Section 4.2 of the Agreement is replaced in its entirety with a new Section 4.2 which shall read as follows: 4.2 The County shall provide the services as outlined in this Agreement for the following estimated amounts. Parties will only be invoiced for the actual costs to provide said services as outlined in this Agreement and are to be reimbursed by the Cities as provided in Section 3.8 above. Fiscal Year Amount 2015-16 $420,000 2016-17 $433,000 2017-18 $442,000 2018-19 $455,000 2019-20 $466,000 For FY 2020-21, the Cities will be billed for and pay actual costs based on each City’s proportionate share of costs. In November 2020, the actual cost will be determined using the estimates provided to the Cities in March, and based on the contracted methodology set forth in section 3.8 of the Agreement, in which each City’s annual contract costs are based on that City’s 3-year rolling average of usage (shelter and field services) and offset by that City’s share of the licensing revenue for the last calendar year. The licensing revenue is divided on a percentage basis determined by the number of licenses sold in each City. 6. Section 5.3 of the Agreement is hereby amended by the addition of a subsection c. which shall read as follows: “c. The Parties acknowledge that the new Shelter has been constructed and PHS is occupying it in order to provide animal control services as set forth in Attachments 1 and 2. Further, the Parties have previously entered into a Memorandum of Agreement regarding Funding of Construction of an Animal Care Shelter, dated September 9, 2014 (“Memorandum”), attached and incorporated as Attachment 3. The Parties agree that the total cost of the shelter construction project is being updated as provided by Section 2 of the Memorandum, and the Parties agree that, when available, County will provide to Cities the final total cost of the Shelter construction which will be paid proportionately by each City as provided by the Memorandum. Further, the Parties acknowledge and agree that the proportionate share of each City will be amended as provided by section 3 of the Memorandum. The Parties acknowledge that continued animal control and shelter services to a City as provided herein is contingent on that City approving any amended cost and proportionate share, as previously agreed in the Memorandum.” 7. Section 5.8 of the Agreement is hereby replaced in its entirety with a new Section 5.8, to read as follows: “Term and Termination. Subject to compliance with all terms and conditions, the term of this Agreement shall be from July 1, 2015 through June 30, 2021. Except as otherwise provided by this section, this Agreement may not be terminated by any party during the effective period from July 1, 2015 through June 30, 2021. Each City is responsible for its annual percentage share under this Agreement for the entire term of this Agreement. In the event any City fails to pay its percentage share as set forth in this Agreement and Exhibit B, every other City shall promptly pay its Proportionate Share of Cost of the non- payment, unless and until the County is able to recover the non-payment from the late or non-paying City. This Agreement shall automatically terminate in the event of termination of the Animal Control Services Agreement. Upon termination, the County shall have no further obligation to provide, facilitate or coordinate services specified herein or in the Animal Control Services Agreement or Animal Licensing Services Agreement. Each City shall promptly pay its Proportionate Share of Cost as set forth in Exhibit B for all services rendered prior to termination.” 8. Section 5.15 of the Agreement is hereby replaced in its entirety with a new Section 5.15 to read as follows: “5.15 Notices. Any notice, request, demand, or other communication required or permitted under this Agreement shall be deemed to be properly given when both: (1) transmitted via facsimile to the telephone number listed below or transmitted via email to the email address listed below; and (2) sent to the physical address listed below by either being deposited in the United States mail, postage prepaid, or deposited for overnight delivery, charges prepaid, with an established overnight courier that provides a tracking number showing confirmation of receipt. Any notices required by or given pursuant to this Agreement to any City shall be in writing and shall be delivered to the Clerk of that City at the address of the principal business offices of the respective City listed in the introduction of this Agreement or at such other address as any City may specify in writing to the County. In the case of County, to: Name/Title: Louise F. Rogers, Chief of San Mateo County Health Address: 225-37th Avenue San Mateo, CA 94403 Telephone: 650.573.2912 Facsimile: 650.573.2788 Email: LRogers@smcgov.org” 9. All other terms and conditions of the Agreement shall remain in full force and effect except as expressly amended herein. 10. This Amendment shall become effective upon execution by all Parties. In witness of and in agreement with this Agreement’s terms, the parties, by their duly authorized representatives, affix their respective signatures: COUNTY OF SAN MATEO By: President, Board of Supervisors, San Mateo County Date: ATTEST: By: Clerk of Said Board ATTEST: TOWN OF ATHERTON _________________________________ Town of Atherton, Clerk By Dated: ATTEST: CITY OF BELMONT _________________________________ City of Belmont, Clerk By Dated: ATTEST: CITY OF BRISBANE _________________________________ City of Brisbane, Clerk By Dated: ATTEST: CITY OF BURLINGAME _________________________________ City of Burlingame, Clerk By Dated: ATTEST: TOWN OF COLMA _________________________________ Town of Colma, Clerk By Dated: ATTEST: CITY OF DALY CITY _________________________________ City of Daly City, Clerk By Dated: ATTEST: CITY OF EAST PALO ALTO _________________________________ City of East Palo Alto, Clerk By Dated: ATTEST: CITY OF FOSTER CITY _________________________________ City of Foster City, Clerk By Dated: ATTEST: CITY OF HALF MOON BAY _________________________________ City of Half Moon Bay, Clerk By Dated: ATTEST: TOWN OF HILLSBOROUGH _________________________________ Town of Hillsborough, Clerk By Dated: ATTEST: CITY OF MENLO PARK _________________________________ City of Menlo Park, Clerk By Dated: ATTEST: CITY OF MILLBRAE _________________________________ City of Millbrae, Clerk By Dated: ATTEST: CITY OF PACIFICA _________________________________ City of Pacifica, Clerk By Dated: ATTEST: TOWN OF PORTOLA VALLEY _________________________________ Town of Portola Valley, Clerk By Dated: ATTEST: CITY OF REDWOOD CITY _________________________________ City of Redwood City, Clerk By Dated: ATTEST: CITY OF SAN BRUNO _________________________________ City of San Bruno, Clerk By Dated: ATTEST: CITY OF SAN CARLOS _________________________________ City of San Carlos, Clerk By Dated: ATTEST: CITY OF SAN MATEO _________________________________ City of San Mateo, Clerk By Dated: ATTEST: CITY OF SOUTH SAN FRANCISCO _________________________________ City of South San Francisco, Clerk By Dated: ATTEST: TOWN OF WOODSIDE _________________________________ Town of Woodside, Clerk EXHIBIT B PROPORTIONATE SHARE OF COST FY 2020-21 Proportionate Share of Cost: Atherton 0.96% Belmont 2.87% Brisbane 0.83% Burlingame 3.70% Colma 0.52% Daly City 10.35% East Palo Alto 8.48% Foster City 3.02% Half Moon Bay 1.97% Hillsborough 1.63% Menlo Park 4.56% Millbrae 2.26% Pacifica 5.41% Portola Valley 0.45% Redwood City 12.99% San Bruno 5.94% San Carlos 3.14% San Mateo 14.26% South San Francisco 9.97% Woodside 1.11% County 5.59% Attachment 2 Page 14 of 60 AMENDMENT TO AGREEMENT BETWEEN THE COUNTY OF SAN MATEO AND THE PENINSULA HUMANE SOCIETY & SPCA, A CALIFORNIA NONPROFIT CORPORATION THIS AMENDMENT TO THE AGREEMENT is entered into this 01 day of July 2020, by and between the County of San Mateo, hereinafter called "County," and Peninsula Humane Society, hereinafter called "Contractor". W I T N E S S E T H: WHEREAS, pursuant to Government Code, Section 31000, County may contract with independent contractors for the furnishing of such services to or for County or any Department thereof; and WHEREAS, County and Contractor (collectively hereinafter, “Parties”) on July 01, 2015 entered into a written Agreement for Animal Control and Shelter Services, which is set to expire on June 30, 2020, in which Contractor agreed to perform and County agreed to compensate Contractor for performance of certain specified animal care, animal control, and shelter services (hereinafter, “Services Agreement” or “Agreement” ); and WHEREAS, the Parties wish to amend the Services Agreement to extend the term by one year, increase the amount not to exceed contract amount by $6,625,381, and other amendments as described herein; NOW, THEREFORE, IT IS HEREBY AGREED BY THE PARTIES HERETO AS FOLLOWS: 1. Section 2.2 Facilities and Equipment of the Agreement is hereby deleted in its entirety. 2. Exhibit A Leased Areas of the Agreement is hereby replaced with a new Exhibit A, Animal Shelter Facility Use and Maintenance Agreement, attached and incorporated by this reference. Attachment 2 Page 2 of 60 3. Section 4.1 of the Agreement is amended to read as follows: In consideration of the services provided by Contractor in accordance with all terms, conditions, and specifications set forth herein and in Exhibit C, County shall make payment to Contractor based on the rates and in the manner specified in Exhibit E. In no event shall the County’s fiscal obligation under this Services Agreement exceed the $38,056,663, except as provided by 7.1 of this Services Agreement. This not to exceed amount includes the $6,625,381 added by this amendment for the period July 1, 2020 through June 30, 2021. 4. Section 9.3 Lease Agreement of the Agreement is hereby deleted and replaced in its entirety with a new Section 9.3 Shelter Facility to read as follows: 9.3 Shelter Facility. The Parties agree that, notwithstanding any reference to the prior Lease in Section 7.3 or elsewhere in the Agreement, the prior Lease of the Shelter grounds as referenced in the Agreement has terminated and Contractor has moved to and is occupying the new County owned Animal Shelter. Contractor shall occupy and use the newly constructed County owned Animal Shelter at 12 Airport Blvd, San Mateo, CA 94401 for the provision of services under this Agreement with the permission of County only for a term coterminous with this Agreement, under the terms of the Animal Shelter Facility Use and Maintenance Agreement, attached hereto and incorporated by this reference as Exhibit A. 5. Section 9.1 Services Agreement of the Agreement is hereby amended to read as follows: 9.1 Term of Services Agreement. Subject to compliance with all terms and conditions, the term of this Services Agreement shall be from July 1, 2015, through June 30, 2021. In the event of termination, all finished or unfinished documents, data, studies, maps, photographs, reports, and materials (hereafter referred to as materials) prepared by Contractor under this Services Agreement shall become the property of County and shall be promptly delivered to County. Upon termination, Contractor may make and retain a copy of such materials. Contractor shall be entitled to receive payment for work/services provided prior to termination of this Services Agreement. Such payment shall be that portion of the full payment which is determined by comparing the work/services completed to the work/services required by this Services Agreement. Attachment 2 Page 3 of 60 6. Section 23 Notices of the Agreement is amended to read as follows: 23. Notices Any notice, request, demand, or other communication required or permitted under this Services Agreement shall be deemed to be properly given when both: (1) transmitted via facsimile to the telephone number listed below or transmitted via email to the email address listed below; and (2) sent to the physical address listed below by either being deposited in the United States mail, postage prepaid, or deposited for overnight delivery, charges prepaid, with an established overnight courier that provides a tracking number showing confirmation of receipt. In the case of County, to: Name/Title: Louise Rogers, Chief of the Health System Address 225-37th Avenue, San Mateo, CA 94403 Telephone: 650.573.2532 Facsimile: 650.573.2788 Email: LRogers@smcgov.org In the case of Contractor, to: Name/Title: Ken White, President Address: 1450 Rollins Road, Burlingame, CA 94010 Telephone: 650.685.8502 Facsimile: 650.348.7891 Email: kwhite@peninsulahumanesociety.org 7. Original Exhibit E Payments and Rates is replaced with Revised Exhibit E, Payments and Rates, attached and incorporated into this Agreement by this reference. 8. Original Attachment 1 Public Works Inspection, dated March 16, 2009, of the Agreement is deleted. 9. Original Attachment 2 Quarantine Algorithm of the Agreement is hereby replaced with a new Attachment 2 Quarantine Algorithm (revised and approved June 16, 2016), attached and incorporated as Attachment 2 by this reference. 10. All other terms and conditions of the Agreement between the County and Contractor shall remain in full force and effect except as expressly amended herein. 11. This Amendment shall become effective upon execution by the Parties, but only if the amendment also extending the term of the agreement between the County and the twenty cities for animal control services to June 30, 2021 has been fully executed by County and the twenty cities. Attachment 2 Page 4 of 60 In witness of and in agreement with this Agreement’s terms, the Parties, by their duly authorized representatives, affix their respective signatures: For Contractor: PENINSULA HUMANE SOCIETY $:ag4 $ ag $ Contractor Signature Date Name of Signing Person (please print) COUNTY OF SAN MATEO By: President, Board of Supervisors, San Mateo County Date: ATTEST: By: Clerk of Said Board Attachment 2 Page 5 of 60 Exhibit A (Animal Shelter Facility Use and Maintenance Agreement between County and PHS to be inserted by each City as labeled as Exh. A to the PHS amendment) Attachment 2 Page 6 of 60 Exhibit E Payments and Rates In consideration of the services provided by Contractor in Exhibit C & D and subject to the terms of this Services Agreement: 1. County shall pay Contractor in twelve (12) equal monthly installments the annual amount of: Fiscal Year and Amount 2015-16 $5,944,135 2016-17 $6,122,459 2017-18 $6,275,521 2018-19 $6,463,786 2019-20 $6,625,381 2020-21 $6,625,381 2. Contractor shall pay County in twelve (12) monthly payments all fees collected for services provided in Exhibit C and outlined in Exhibit D. Attachment 2 Page 7 of 60 Attachment 2 Attachment 2 Page 8 of 60 Attachment 2 Page 9 of 60 Attachment 2 Page 10 of 60 Attachment 2 Page 11 of 60 Attachment 2 Page 12 of 60 Attachment 3 page 1 of 34 COUNTY OF SAN MATEO Inter-Departmental Correspondence Health System Date: July 8, 2014 Board Meeting Date: September 9, 2014 Special Notice / Hearing: None Vote Required: Majority To: Honorable Board of Supervisors From: Jean S. Fraser, Chief, Health System James C. Porter, Director, Public Works Subject: Approve the Memorandum of Agreement with All Cities in San Mateo County to Build an Animal Care Shelter RECOMMENDATION: Adopt a resolution to approve the Memorandum of Agreement with all cities in San Mateo County to construct a new Animal Care Shelter at Airport Boulevard in the city of San Mateo and to provide a 30-year lease agreement for the use of the shelter by all cities, and the County. BACKGROUND: Since 1951, San Mateo County (County) has managed animal control field and sheltering services for all cities in the County, through a contract with the Peninsula Humane Society / Society for the Prevention of Cruelty to Animals (PHS/SPCA). PHS/SPCA provides animal sheltering services in a PHS/SPCA-owned building, located on County property at Airport Boulevard. The PHS/SPCA building has been evaluated twice in recent years by the County Public Works Department. PHS/SPCA has informed the County that its building is inadequate to meet the current standards for animal care. The Public Works Department has further determined that it is not viable to significantly repair or upgrade the current building. PHS/SPCA has determined that it will not construct a new building for services provided exclusively to the County and cities. On February 15, 2013, your Board requested a list of capital projects required to improve the condition of the County’s existing buildings. The list was presented as the Five Year Facilities Capital Plan to your Board on August 6, 2013, and included was a new animal shelter building with a total estimated cost of $20 million. Attachment 3 page 2 of 34 DISCUSSION: The Public Works Department conducted an extensive review of mandated animal sheltering services, local utilization and similar Bay Area projects. Ultimately, the Public Works Department determined that the cost of constructing a new shelter would be between $15.1 million and $20.2 million. The Public Works Department also considered alternatives to constructing a new shelter such as retrofitting County-owned buildings or using pre-fabricated building technologies. All of the alternatives were determined to be more expensive than building a new shelter from a life-cycle cost perspective. A new shelter, similar to the current shelter, would house animals from all cities and unincorporated areas in the County. All participating entities would save money by sharing in this service agreement. The County would serve as the lead agency in managing the construction of the new building, and would be the sole owner of the completed building. All participating entities, including the County, would share the cost by repaying the County through a 30-year, interest-free lease agreement. As of May 6, 2014, all participating entities have approved the cost participation Memorandum of Agreement (Attachment A). The terms of the Memorandum of Agreement dictate that the lease amount paid by each participating entity will be calculated each year using a combination of a 3-year average for shelter usage (weighted at 80%) and population (weighted at 20%) (Attachment B). The basis for this allocation is to attribute a larger cost share to level of shelter services used by each participating entity, and a smaller portion to potential use captured by population. Construction is expected to begin in the fall of 2014 and be completed within 18 months. The current building would remain open during construction. The County also will be the lead agency in evaluating potential environmental impacts; each city will have an opportunity to comment at the time the County determines what environmental review process is appropriate. The lease payments would commence once the new building receives its certificate of occupancy, projected to be in late 2015. Approval of this Memorandum of Agreement contributes to the Shared Vision 2025 outcome of a Healthy Community by providing a facility to quarantine and shelter animals. It is anticipated that the completed facility will shelter 17,500 animals during FY 2015-16. PERFORMANCE MEASURE(S): Measure FY 2013-14 Actual FY 2015-16 Projected Number of animals sheltered. 17,409 17,500 Attachment 3 page 3 of 34 FISCAL IMPACT: The County is willing to advance the funding – estimated to be between $15.1 million and $20.2 million - for the new building’s construction, as all participating entities have approved the Memorandum of Agreement. Additionally, the County will participate in Attachment 3 page 3 of 35 the lease as a partner with the cities; the County’s estimated share of lease payments, based on Memorandum of Agreement payment methodology, is expected to be $19,611 to $26,235 annually. Attachment 3 page 31 of 34 ATTACHMENT B Methodology = Based on an 3-yr avg of shelter use (80%) and % of population (20%) ANIMAL CONTROL COSTS PROPOSED COST DISTRIBUTION - ESTIMATED LEASE AMOUNTS TO RECOUP CONSTRUCTION COSTS CITY Shelter Use Shelter Use Shelter Use $15,100,000 $20,200,000 CALENDAR YEAR Yr 1 2009 Actual Yr 2 2010 Actual Yr 3 2011 Actual 3 YR AVG OF SHELTER USE POPULATION % of Total Pop EST ANNUAL LEASE AMT EST ANNUAL LEASE AMT Atherton 1.12% 1.00% 0.36% 0.83% 6,914 1.0% $4,297 $5,749 Belmont 3.26% 3.54% 2.65% 3.15% 25,835 3.6% $16,304 $21,811 Brisbane 0.99% 0.99% 0.71% 0.90% 4,282 0.6% $4,211 $5,633 Burlingame 3.51% 3.48% 3.20% 3.40% 28,806 4.0% $17,713 $23,696 Colma 0.61% 0.98% 0.60% 0.73% 1,792 0.2% $3,191 $4,268 Daly City 8.52% 9.57% 10.16% 9.42% 101,123 14.1% $52,087 $69,679 East Palo Alto 6.61% 6.75% 8.44% 7.27% 28,155 3.9% $33,205 $44,420 Foster City 2.82% 2.39% 1.93% 2.38% 30,567 4.3% $13,866 $18,550 Half Moon Bay 5.21% 5.04% 2.47% 4.24% 11,324 1.6% $18,660 $24,962 Hillsborough 1.59% 1.29% 1.14% 1.34% 10,825 1.5% $6,912 $9,247 Menlo Park 4.90% 4.95% 4.50% 4.78% 32,026 4.5% $23,748 $31,769 Millbrae 1.90% 1.99% 1.98% 1.96% 21,532 3.0% $10,896 $14,576 Pacifica 5.72% 6.38% 4.78% 5.63% 37,234 5.2% $27,874 $37,288 Portola Valley 0.90% 0.76% 0.16% 0.61% 4,353 0.6% $3,053 $4,084 Redwood City 12.91% 13.24% 13.25% 13.13% 76,815 10.7% $63,647 $85,143 San Bruno 5.23% 5.19% 6.86% 5.76% 41,114 5.7% $28,954 $38,734 San Carlos 3.35% 3.45% 3.00% 3.27% 28,406 4.0% $17,134 $22,921 San Mateo 15.82% 14.67% 17.84% 16.11% 97,207 13.5% $78,490 $105,000 S. San Francisco 9.08% 9.34% 11.99% 10.14% 63,632 8.9% $49,733 $66,530 Woodside 4.41% 1.27% 1.07% 2.25% 5,287 0.7% $9,801 $13,111 County 1.57% 3.73% 2.92% 2.74% 61,222 8.5% $19,611 $26,235 Total 100.00% 100.00% 100.00% 100.00% 718,451 100.0% $503,387 $673,405 Template Version Date – August 26, 2016 Page 1 Template Version Date – August 26, 2016 Page 2 Template Version Date – August 26, 2016 Page 3 Template Version Date – August 26, 2016 Page 4 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-357 Agenda Date:5/27/2020 Version:1 Item #:14. Report regarding a resolution amending the existing landscape maintenance services agreement with Brightview Landscape Services,Inc.of Menlo Park,California for citywide landscape maintenance services in order to extend the term of the agreement by twelve months beginning July 1,2020 through June 30,2021 for an additional amount not to exceed $583,146,for a total amount not to exceed $1,749,438.(Greg Mediati, Deputy Director of Parks and Recreation) RECOMMENDATION It is recommended that the City Council adopt a resolution amending the existing landscape maintenance services agreement with Brightview Landscape Services,Inc.of Menlo Park,California for citywide landscape maintenance services in order to extend the term of the agreement by twelve months beginning July 1,2020 through June 30,2021 for an additional amount not to exceed $583,146,for a total amount not to exceed $1,749,438. BACKGROUND/DISCUSSION The City of South San Francisco (City)currently contracts with a landscape maintenance vendor for certain landscape maintenance services throughout the City.These specialized contracted services are necessary to keep up with the extensive and varied landscape maintenance responsibilities in order to maintain the City’s safety and aesthetic objectives. The scope of work for the landscape maintenance contract has been modified over time in order to care for those areas that were added to the city’s maintenance obligations,as well as to modify tasks requested by the City. These specified locations include medians, streets, hook ramps, green spots and Common Green areas. The current landscape maintenance services agreement was first entered into on July 1,2018,for a two year term,expiring June 30,2020.The Request for Proposals (RFP)issued in 2018 included a provision for the City to extend the agreement in three one-year increments,for a total of five years.Due to the current COVID-19 pandemic and subsequent financial burden placed on the City’s General Fund,staff has negotiated with Brightview Landscape Services to maintain the contract amount at the same annual price as the previous two year term,despite cost escalation between three and six percent year over year during this same time.This price will be honored for the full term of the one year extension, from July 1, 2020 through June 30, 2021. In order to maintain the contract’s existing financial footprint,City staff worked with Brightview to hold the line on their contract cost.Despite cost escalation associated with increasing prevailing wages and material costs,Brightview has offered to reduce the irrigation technician position from 40 hours to 20 hours per week, but will provide an additional 20 hour per week allocation for a general labor employee in their place,resulting in modest cost savings.This will maintain the current contract’s staffing of nine maintenance workers. Additionally,Brightview has also agreed to provide and install plant material and arbor mulch in order to improve landscapes within their maintenance areas, at no cost to the City. Project Scope The Landscape Maintenance Services Project (Project)includes all specialized labor,material and tools necessary to maintain all ornamental planting,including,but not limited to lawns,groundcovers and shrubsCity of South San Francisco Printed on 5/22/2020Page 1 of 3 powered by Legistar™ File #:20-357 Agenda Date:5/27/2020 Version:1 Item #:14. necessary to maintain all ornamental planting,including,but not limited to lawns,groundcovers and shrubs (trees are excluded),safety zones,drainage facilities,weed control on median hardscapes,poles,posts, sprinkler heads,lateral irrigation lines up to the valves (not including valves or water mains downstream of the water meter),irrigation controllers,and public walkways,including the cost of necessary repairs,replacements, care,supervision,and any and all other items necessary for the proper maintenance and operation thereof.The work does not include repairs and maintenance of lighting systems,gates,benches,railings,homeowner fences, walls, sidewalks and curb and gutter (except weed control). The City’s objectives for this Project continues to include the following: •Provide high-quality professional landscape maintenance services for various medians,islands,and right-of-ways within the City. •Work in collaboration with the City to identify areas where reduction of maintenance,energy and water can result in an overall cost savings for the City. •Work in collaboration with the City to implement these identified strategies within the service areas. Under the current contract,staff believes Brightview has satisfied these objectives,though staff will work with them to enhance their services levels whenever possible. FISCAL IMPACT Staff has worked with Brightview Landscape Services to ensure that the contract amount for these services has not increased.Staff has also negotiated extra work,noted above,to be performed throughout the maintenance areas under the contract at no additional cost to the City. The monthly price for this agreement is $43,595 for an additional term of twelve months,split between the Common Greens Funds and General Fund.Staff also recommends that the City Council approve an additional $60,000 in budget authority to serve as a contingency fund for any deferred maintenance improvements to irrigation systems and landscaping within the project areas.This contingency is not an additional funding request,but would require staff to use existing funding within the Parks and Recreation or Common Greens budgets,if available.Recent projects that have been accomplished with this contingency fund include the renovations to the medians on Westborough Boulevard near Camaritas Avenue and various landscaping projects in the Common Greens areas. Shown below is a summary of the proposed project budget: Service Contract Value Landscape maintenance services FYs 2018-20 $1,166,292 Additional 1 year term for FY 20-21 (incl. $60,000 contingency) $ 583,146 Total $1,749,438 RELATIONSHIP TO STRATEGIC PLAN The landscape maintenance services agreement supports Strategic Plan Priority #2:Quality of Life/Build and Maintain a Sustainable City by providing adequate maintenance of the City’s parkland and green infrastructure assets.This agreement will allow the City to maintain the health and safety of the City’s park and open space resources,which will in turn provide for safe public recreational spaces and increased environmental benefits, City of South San Francisco Printed on 5/22/2020Page 2 of 3 powered by Legistar™ File #:20-357 Agenda Date:5/27/2020 Version:1 Item #:14. such as storm water capture, carbon sequestration, habitat, among countless others. CONCLUSION Staff recommends amending the Landscape Maintenance Services Agreement with Brightview Landscape Services,Inc.of Menlo Park,California,for citywide landscape maintenance services in order to extend the term of the agreement by twelve months beginning July 1,2020 through June 30,2021 for an additional amount not to exceed $583,146,for a total amount not to exceed $1,749,438.By entering into this contract,the City will continue to provide adequate maintenance of these areas without increasing the burden on the city’s General Fund or Common Greens Funds. City of South San Francisco Printed on 5/22/2020Page 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 #:20-358 Agenda Date:5/27/2020 Version:1 Item #:14a. Resolution amending the existing landscape maintenance services agreement with Brightview Landscape Services,Inc.of Menlo Park,California for citywide landscape maintenance services in order to extend the term of the agreement by twelve months beginning July 1,2020 through June 30,2021 for an additional annual amount not to exceed $583,146, for a total amount not to exceed $1,749,438. WHEREAS,the City of South San Francisco (City)currently contracts out for certain specialized landscape maintenance services throughout the City; and WHEREAS,these specialized contracted services are necessary to keep up with the extensive and varied landscape maintenance responsibilities of the City in order to maintain the City’s safety and aesthetic objectives; and WHEREAS,the current landscape maintenance contract with Brightview Landscape Services,Inc.was first entered into in July 2018,for a two year term,expiring June 30,2020 with a possibility of three,one year extensions; and WHEREAS,the original contract value of $1,166,292 for Fiscal Years 2018-2019 and 2019-2020,will be amended by $583,146 for an additional twelve month term for Fiscal Year 2020-2021 starting July 1,2020 extending through June 30, 2021 for a total contract amount not to exceed $1,749,438. WHEREAS,due to the current COVID-19 pandemic and subsequent financial burden placed on the City’s General Fund,staff have worked with Brightview Landscape Services to keep the contract amount at the same price from the previous two year term.This price will be honored for the term of the one year extension,from July 1,2020 through June 30,2021 and will be renegotiated at the end of this term or the contract will go out to the public for bid; and WHEREAS,staff recommends amending the current landscape maintenance services agreement with Brightview Landscape Services,Inc.of Menlo Park,California for citywide landscape maintenance services from an amount. NOW,THEREFORE,BE IT RESOLVED,by the City Council of the City of South San Francisco that the City Council hereby amends the landscape services agreement with Brightview Landscape Services,Inc.of Menlo Park,California for citywide landscape maintenance services in order to extend the term of the agreement by twelve months beginning July 1,2020 through June 30,2021 for an additional amount not to exceed $583,146, for a total amount not to exceed $1,749,438,conditioned on Brightview Landscape Services,Inc.’s timely execution of the project contract and submission of all required documents. City of South San Francisco Printed on 11/16/2020Page 1 of 2 powered by Legistar™ File #:20-358 Agenda Date:5/27/2020 Version:1 Item #:14a. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the landscape services agreement and any other necessary documents on behalf of the City,subject to approval as to form by the City Attorney. ***** City of South San Francisco Printed on 11/16/2020Page 2 of 2 powered by Legistar™ FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND BRIGHTVIEW LANDSCAPE SERVICES, INC. THIS FIRST AMENDMENT TO THE LANDSCAPE MAINTENANCE SERVICES AGREEMENT is made at South San Francisco, California, as of May 27, 2020, by and between THE CITY OF SOUTH SAN FRANCISCO (“City”), a municipal corporation, and BRIGHTVIEW LANDSCAPE SERVICES, INC. (“Contractor”), (sometimes referred together as the “Parties”) who agree as follows: RECITALS A. On July 1, 2018, City and Contractor entered that certain Landscape Maintenance Services Agreement (“Agreement”) whereby Contractor agreed to provide landscape maintenance services for streetscape, parkways, and Common Greens within the City of South San Francisco. A true and correct copy of the Agreement and its exhibits is attached as Exhibit A. B. City and Contractor now desire to amend the Agreement. NOW, THEREFORE, for and in consideration of the promises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and Contractor hereby agree as follows: 1. All terms which are defined in the Agreement shall have the same meaning when used in this Amendment, unless specifically provided herein to the contrary. 2. Section 1: Term. The June 30, 2020 end date for the term of services identified in Section 1 of the Agreement is hereby replaced with June 30, 2021. 3. Section 2: Compensation. Section 2 of the Agreement shall be amended such that the City agrees to pay Contractor a sum not to exceed $1,749,438, with the understanding that up to $1,166,292 has already been paid to Contractor. Contractor agrees this is the City’s total contribution for payment of costs under the Agreement unless additional payments are authorized in accordance with the terms of the Agreement and said terms of payment are mutually agreed to by and between the parties in writing. 4. Scope of Services. The Scope of services is amended and attached as Exhibit B to this Amendment. All other terms, conditions and provisions in the Agreement remain in full force and effect. If there is a conflict between the terms of this Amendment and the Agreement, the terms of the Agreement will control unless specifically modified by this Amendment. [SIGNATURES ON THE FOLLOWING PAGE] Dated: CITY OF SOUTH SAN FRANCISCO CONTRACTOR By: By: Mike Futrell Name: City Manager Title: Approved as to Form: By: City Attorney EXHIBIT B SCOPE OF WORK Scope: Both parties agree that the scope of work shall not be expanded. Irrigation Tech: The additional cost for an irrigation technician shall be removed from the contract price. Irrigation work performed by Brightview Landscape Services, Inc. shall be scaled down to twenty to twenty-four (20 to 24) hours each week. Arbor Chips: Brightview Landscape Services, Inc. shall provide arbor chips, free of charge, to the City. Contract Price: The contract price shall not increase for 2020-21. Fees are based on the following schedules from the original agreement, plus a $60,000 contingency for as needed improvements outside the scope of the agreement. EXHIBIT B EXHIBIT B Contract contingency: $60,000 TOTAL AMENDMENT VALUE: $583,146 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:19-956 Agenda Date:6/10/2020 Version:1 Item #:7. Report regarding a resolution approving and authorizing the City Manager to execute various Consulting Services Agreements for On-Call Architectural,Engineering and Other Professional Services for various approved City-funded projects in the amount not to exceed $300,000 per fiscal year per agreement with selected consultant.(Jeffrey Chou, Associate Civil Engineer) RECOMMENDATION It is recommended that the City Council adopt a resolution approving various Consulting Services Agreements for On-Call Architectural,Engineering and other Professional Services for various approved City funded projects in the amount not to exceed $300,000 per fiscal year per agreement with selected consultant. BACKGROUND/DISCUSSION In November 2016,City Council approved fifty-five (55)consultant services agreements for on-call,as needed, architectural,engineering and other professional services,which were put in place to augment city staff and help deliver multiple projects at the same time.In the past three years,staff has utilized the on-call consultants regularly as professional services are needed on all city-funded projects. On February 12,2020,staff advertised a Request for Statement of Qualifications (SOQ)for on-call architectural,engineering and other professional services.Staff asked for SOQ's for 16 service areas from consulting firms to support the CIP projects.The professional service areas solicited include:appraisal services; architecture;biological services;civil engineering,construction management and inspection services;electrical engineering;geotechnical engineering and materials testing;hazardous material testing and monitoring; landscape architecture;marine engineering;mechanical engineering;solid waste engineering;structural engineering;surveying,mapping and right-of-way engineering;traffic engineering and transportation ;and water resources. On March 11,2020,staff received one hundred sixty nine (169)proposals for the various professional service areas from consultants in response to the SOQ.Staff from the Engineering Division,Building Division, Economic and Community Development Department,Public Works Department,Parks and Recreation Department,Planning Division,and Water Quality Control Plant reviewed and rated the proposals.Per public contract code,staff selected the consultants not based on the lowest bidder,but based on the firms’ qualifications,project understanding,example projects,expertise,South San Francisco experience,reference checks,and overall quality of their proposal.Attachment 1 shows the various service areas and potential projects and tasks.Attachment 2 shows the recommended consultants to be selected for each service area. Attachment 3 shows all consultants that submitted for each services area.Attachment 4 shows the rater’s evaluation rating criteria and scoring table.Attachment 5 shows the tabulation of the raters’scores and rankings for all consultants of each service area. The on-call consultant services agreements have been very beneficial to the City as they have enabled staff to progress on all projects,provide expertise in specialized services areas,and prepare exhibits and applications for competitive grants.Since November 2016,staff has executed approximately $6.6 million dollars in task orders with the on-call consultants.The services areas that are widely used are civil engineering,landscapeCity of South San Francisco Printed on 6/5/2020Page 1 of 3 powered by Legistar™ File #:19-956 Agenda Date:6/10/2020 Version:1 Item #:7. orders with the on-call consultants.The services areas that are widely used are civil engineering,landscape architecture,traffic engineering and transportation,and water resources.The on-call consultant services agreements are now expiring and staff is recommending procuring new and/or additional consultants for the various professional services.Based on the anticipated projects to be delivered,staff recommends increasing the number of on-call consultants for all the professional services from 55 to 79.This would allow additional capacity for the widely used services areas listed above. The consulting service agreements with the selected consultants would initially be for the term of July 1,2020 to June 30,2023,with the City Manager having the option to extend for an additional two (2)years.The two year extension would allow for the on-call consultants to complete any work they commenced prior to the end of the term. The first fiscal year of the contract will begin on July 1, 2020 and end on June 30, 2021. The Fiscal Year 2019-2020 Capital Improvement Program (CIP)appropriated approximately $53.8 million worth of capital projects.To support this effort,the total not to exceed amount for each agreement over the fiscal one-year term is recommended at $300,000,although it is not anticipated to be reached for all agreements.These costs would be charged against the various approved City funded CIP projects through its sources of funding.There is no city obligation to expend any funds or guarantee any work under these agreements.The consultants will only work on an on-call basis as defined by the City on a project-by-project need.Accordingly,all work performed under the agreements will be pursuant to individual task orders that will have a specifically defined scope and schedule that will be negotiated on a project-by-project need and budget. Further,the individual agreements will acknowledge that the individual task orders will dictate the scope of work under each agreement,up to the not to exceed amount.Should an on-call consultant exceed $300,000 per fiscal year,staff will present an amendment to City Council for approval.The draft Consultant Services Agreement template has been attached to the accompanying resolution as Exhibit B.This template has been reviewed and accepted by the various selected consultants with whom the contract will be executed,and while certain minor modifications to the template agreement have been negotiated by some of these consultants,the terms of the template agreement will be substantially the same for all selected consultants. FISCAL IMPACT No fiscal impact as costs for these special on-call services will be charged to the respective projects that has been previously appropriated and approved by the City Manager and/or City Council.Each specific approved City funded CIP project budget already includes funding for architectural,engineering and/or specialized professional services. RELATIONSHIP TO STRATEGIC PLAN Approval of the various Consulting Services Agreements for On-Call Architectural,Engineering and Other Professional Services supports the City’s Strategic Plan to improve Quality of Life;by advancing the City’s Capital Improvement Program. CONCLUSION Staff recommends that City Council approve and authorize the City Manager to execute various consulting services agreements with the selected consultants listed in Attachment 2 for the various service areas.This would allow city staff to deliver approved city-funded projects in an efficient manner. City of South San Francisco Printed on 6/5/2020Page 2 of 3 powered by Legistar™ File #:19-956 Agenda Date:6/10/2020 Version:1 Item #:7. Attachments: 1. Service Areas and Potential Projects 2. Recommended Consultants 3. Consultants Submitted Proposals 4. Rating Criteria and Scoring 5. Consultants Rating Summary City of South San Francisco Printed on 6/5/2020Page 3 of 3 powered by Legistar™ Page 1 of 6 ATTACHMENT 1 – SERVICE AREAS AND POTENTIAL PROJECTS NO SERVICE AREA POTENTIAL PROJECTS POTENTIAL TASKS 1. Architecture • Any City Property, Project, Improvements, or Municipal Services • Facility Remodels/Renovations and Tenant Improvements for: • City Hall Complex • Conference Center • Fire Stations • Senior Center • Park and other Public Restrooms • Other Administrative Offices • Other City Projects • Building Condition Assessments • Site Selection • Master Planning/Space Planning • Feasibility Studies • Renderings/Models/Displays • Disabled Accessibility Evaluations and Mitigation • Life Cycle Cost Estimates • Peer Review of Building Design by Others • Interior Design/FF&Es • Sustainable Solutions • Public Charrettes/Community Outreach • Technical Studies, Reports and Presentations • Conceptual/Schematic Design • Design Development • Final Design Plans, Specifications and Estimates (PS&E) • Public Bidding and Construction Phase Services • On-Call Services 2. Biological Services • Any City Property, Project, Improvements, or Municipal Services • Private Projects submitted for City Approval • Biological Surveys and Analysis • Mitigation • Regulatory Agency Permitting • Federal, Tribal, Regional and State Consultations • Reporting and Presentations • On-Site Monitoring (during Construction) • On-Call Services 3. Appraisal Services • Any City Property, Project, Improvements, Municipal Service, or Low-Moderate Income Housing Properties • Appraisal Services • Fair Market Lease Rates • Highest and Best Use Determinations • Revenue Projections • On-Call Services Page 2 of 6 NO SERVICE AREA POTENTIAL PROJECTS POTENTIAL TASKS 4. Civil Engineering • Any City Property, Project, Improvements, or Municipal Services • Roadways and Street Improvements • Parking Lots • Intersection Improvements • ADA Compliance Projects • Pavement Resurfacing Projects •Driveways, Curbs, Gutters, Medians, Sidewalks, Cross Gutters, Walkways • Pavement Management System •Complete Streets •Plan Checking of Private Development Grading, Drainage, and Street Improvement Plans and Technical Reports •Standard Plans & Specifications Update •Preventative Maintenance Plans •Assessment Districts – Engineer’s Reports • Staff Augmentation • Project Management • Plan Checking • Design Survey and Geometrics • Pavement Evaluation and Design • Environmental Permitting • Coordination w/Other Agencies & Utilities • Constructability/Bidability Reviews • Peer Review of PS&Es prepared by Others (Roadways/Traffic/Parks/Drainage/Sewers) • Value Engineering • AutoCAD Services • Preliminary Engineering Studies • Technical Reports • Alternatives Analysis • Final Design PS&Es •Public Outreach •Public Bidding and Construction Phase Services • On-Call Services • Staff Augmentation is intended to Provide Qualified Engineering Staff on a Temporary, On-Call, As-Needed Basis. 5. Construction Management and Inspection Services/ Horizontal Construction • Any City Property, Project, Improvements, or Municipal Services • Roadways and Street Improvements • Pavement Resurfacing • Traffic Signals • Drainage, Culverts, Basins • Grading • Sewer Pipelines and Lift Stations • Parks and Trails • Facilities • Constructability/Bidability Reviews • Value Engineering • Public Bidding Phase Support • Submittal Tracking and Reviews • Construction Staking • Construction Management & Controls • Contract Administration • Inter-agency and Third Party Utility Coordination • Construction Inspection • Storm Water Quality Inspections • Materials Testing • Progress Meetings and Reporting • Public Relations/Outreach • Progress Payments and Grant/Fund Tracking • Change Order Management • Permit Monitoring • SWPPP & Erosion/Sediment Control Monitoring •Claims & Disputes Prevention/Mitigation • Project Closeout • On-Call Services Page 3 of 6 NO SERVICE AREA POTENTIAL PROJECTS POTENTIAL TASKS 6. Electrical Engineering • Any City Property, Project, Improvements, or Municipal Services • Emergency Generators • Facility Lighting • Sports Field Lighting • Switchgear • Communications Systems • Fire Alarm and Security Systems • Street Lighting • HVAC and Building Systems • Radio Systems • Electrical/Mechanical Assessments • Feasibility Studies • Energy and Greenhouse Gas Reduction Strategies • Renewable Energy Solutions • Photometric Studies • Recommendations on Lights & Fixtures • Preliminary Engineering • Final Design PS&Es • Public Bidding and Construction Phase Services • On-Call Services 7. Geotechnical Engineering and Materials Testing • Any City Property, Project, Improvements, or Municipal Services • Erosion and Stabilization • Site Investigations & Peer Reviews • Geologic Investigations • Soils and Asphalt Pavement Borings • Laboratory Testing • Non-destructive Testing • Geotechnical Reports • Pavement Condition Surveys • Pavement Section Design Alternatives • Retaining Wall Design Parameters • Slope Stabilization • Landslide Monitoring • Grading Observations • Multi-Trades Building Inspections and Materials Testing (asphalt, concrete, masonry, steel) • On-Call Services 8. Hazardous Materials Testing and Monitoring Services and/or Construction Material Testing / Monitoring . • Any City Property, Project, Improvements, or Municipal Services • Hazardous Materials Testing (Asbestos, Molds, and others) • Laboratory Testing • Abatement and Remediation PS&Es • Policies and Procedures • Documentation and Training • Emergency Response • On-Call Services Page 4 of 6 NO SERVICE AREA POTENTIAL PROJECTS POTENTIAL TASKS 9. Landscape Architecture • Any City Property, Project, Improvements, or Municipal Services • Park Renovations • Landscaping and Streetscapes • Water-Conserving Irrigation Systems • Xeriscape • Sports Fields • Dog Park • Playgrounds, Picnic Areas • Erosion Control • Parks Condition Assessments • Parks/Trails Master Planning • Playground Equipment Inspections • Feasibility Studies • Cost Estimating • Schematics and Renderings • Reporting and Presentations • Peer Review of PS&Es Prepared by Others • Preliminary Design • Final Design PS&Es • Public Bidding and Construction Phase Services • On-Call Services 10. Mechanical Engineering • Any City Property, Project, Improvements, or Municipal Services • Fuel Tanks Renovations • Grease Traps • HVAC Systems • Mechanical Building Systems • Emergency Generators • Mechanical/Electrical Systems Assessments • Feasibility Studies • Energy and Greenhouse Gas Reduction Strategies • Renewable Energy Solutions • Preliminary Engineering • Final Design PS&Es • Public Bidding and Construction Phase Services • On-Call Services 11. Structural Engineering • Any City Property, Project, Improvements, or Municipal Services • Parking Garages • Retaining Walls • Roadway and Pedestrian Bridges • Utility Vaults • Box Culverts, Headwalls •Building Framing Systems • Foundation Slabs • Buildings/Facilities Condition Assessments • Structural Analysis and Design • Seismic Evaluations • Structural Modifications • Non-destructive Testing • Rehabilitation Strategies • Preliminary Engineering • Final Design PS&Es • Public Bidding and Construction Phase Services • On-Call Services Page 5 of 6 NO SERVICE AREA POTENTIAL PROJECTS POTENTIAL TASKS 12. Surveying, Mapping, and Right-of-Way Engineering • Any City Property, Project, Improvements, or Municipal Services • Ground Control • Aerial Photography/Base Mapping • Ortho-Photogrammetry/Mapping • Design Surveys • Digital Terrain Modeling • Topographic Surveys • Construction Staking • Quality Assurance of Contractor’s Staking • Set Monuments • Records and Lands Title Research • Plats and Legal Descriptions for Right-of- Way and Easement Acquisitions • Right-of-Way Certifications (Caltrans) • Acquisition Support • Subdivision or Parcel Map Checking • On-Call Services 13. Traffic Engineering & Transportation • Any City Property, Project, Improvements, or Municipal Services • Private Projects submitted for City Approval • New and Upgraded Traffic Signals • Pedestrian Crossings and Connectivity • Bicycle Lane Linkages • Signal Timing Assessments • Fiber Optics • Interconnection & Synchronization • Intersection Modifications • Transportation Planning • Pedestrian and Bicycle Projects • Traffic Calming Plans • Corridor Evaluations • Circulation Studies • Radar Speed Signs • Electronic Parking Signs • Staff Augmentation • Traffic Counts • Traffic Studies & Modeling • Speed Surveys • Parking Studies & Management • Signal Warrants • Signal Design • Signage and Striping Plans • Traffic Control and Barricading Plans • Interagency Coordination • Reporting and Presentations • Preliminary Engineering • Final Design PS&Es • Public Bidding and Construction Phase Services • On-Call Services • Staff Augmentation is Intended to Provide Qualified Traffic Engineering Staff on a Temporary, On-Call, As-Needed Basis 14. Water Resources (Storm Water/Drainage and Waste Water) • Any City Property, Project, Improvements, or Municipal Services • New and Rehabilitated Pipelines • Lift Stations • Storm Drainage Retention and Conveyance Facilities •Pipe Lining and Pipe Bursting • Spot Repairs • Wastewater Collection Master Plan • Preventative Maintenance Plans • Erosion Control • Storm Water C.3 requirements • Utility Condition Assessment & Inspections • Utility Master Planning • Alignment Studies • Hydrology/Hydraulic Analyses • Design Surveying • Environmental Permitting • Coordination with Utilities and Federal, Tribal and Regional Agencies • Utility System Modeling • Preliminary Engineering • Technical Studies and Reports • Final Design PS&Es • Reporting and Presentations • Value Engineering • Public Bidding and Construction Phase Services • On-Call Services Page 6 of 6 NO SERVICE AREA POTENTIAL PROJECTS POTENTIAL TASKS 15. Marine Engineering • Any City Property, Project, Improvements, or Municipal Services • Marina Evaluation and Design • Marina Design or Re-Design • Modern Dry Storage • Site Expansion & Upgrades • Efficiency & Movement Engineering • Bathometric Analysis • Load Engineering • Wave Studies • Market Research Preliminary Engineering • Technical Studies and Reports • Final Design PS&Es • Reporting and Presentations • Public Bidding and Construction Phase Services • On-Call Services 16. Solid Waste Engineering • Any City Property, Project, Improvements, or Municipal Services • Landfill Engineering and Evaluation • Landfill Engineering & Permitting • Construction Management • Landfill Engineering Support • Leachate Collection Systems • Slope Stability Assessments • Landfill Gas Collection Systems • Closures • Land Reclamation Page 1 of 2 ATTACHMENT 2 – RECOMMENDED CONSULTANTS TO SELECT NO. SERVICE AREA RECOMMENDED CONSULTANTS 1 Architecture Group 4 Architecture of South San Francisco, CA KRJ Design Group of San Mateo, CA Ratcliff of San Francisco, CA SIM Architects, Inc. of San Francisco, CA 2 Biological Services AECOM Technical Services, Inc. of Oakland, CA SWCA Environmental Consultants of San Francisco, CA 3 Appraisal Services Associated Right of Way Services, Inc. of Pleasant Hill, CA 4 Civil Engineering AECOM Technical Services, Inc. of Oakland, CA Bellecci & Associates of Pleasanton, CA BKF Engineers of Redwood City, CA CSG Consultants. Inc. of Foster City, CA Kimley-Horn and Associates, Inc. of Pleasanton, CA Lotus Water of San Francisco, CA Mark Thomas & Company, Inc. of Oakland, CA NCE of Richmond, CA Quincy Engineering, Inc. of Walnut Creek, CA Ruggeri‐Jensen‐Azar of Pleasanton, CA Wilsey Ham of San Mateo, CA Wood Rodgers, Inc. of Oakland, CA WRECO of Walnut Creek, CA 5 Construction Management Aliquot Associates, Inc. of Walnut Creek, CA and Inspection Services / AnchorCM of Lafayette, CA Horizontal Construction Cumming Management Group Inc. of South San Francisco, CA Swinerton Management & Consulting of San Francisco, CA TRC Engineers, Inc. of Rancho Cordova, CA 6 Electrical Engineering Interface Engineering, Inc. of San Francisco, CA Randall Lamb Associates, Inc. of San Francisco, CA Syska Hennessy Group of San Francisco, CA 7 Geotechnical Engineering Construction Testing Services, Inc. of San Francisco, CA and Materials Testing Cotton, Shires and Associates, Inc. of Los Gatos, CA Fugro USA Land, Inc. of Walnut Creek, CA Geocon Consultants, Inc. of Livermore, CA Haley & Aldrich, Inc. of Oakland, CA Ninyo & Moore of Walnut Creek, CA Smith-Emery of San Francisco, CA 8 Hazardous Materials Testing Ninyo & Moore of Walnut Creek, CA and Monitoring Services SCA Environmental, Inc. of San Francisco, CA and/or Construction Material Terracon Consultants, Inc. of Emeryville, CA Testing / Monitoring Page 2 of 2 9 Landscape Architecture CALA of Burlingame, CA Gates + Associates of San Ramon, CA MIG of Berkeley, CA NCE of Richmond, CA RHAA of Mill Valley, CA RRM Design Group of San Leandro, CA SSA Landscape Architects, Inc. of Santa Cruz, CA SWA Group of San Francisco, CA Verde Design, Inc. of Santa Clara, CA 10 Mechanical Engineering Randall Lamb Associates, Inc. of San Francisco, CA YEI Engineers, Inc. of Oakland, CA 11 Structural Engineering Biggs Cardosa Associates, Inc. of San Francisco, CA Quincy Engineering, Inc. of Walnut Creek, CA TJC and Associates, Inc. of Oakland, CA TRC Engineers, Inc. of Rancho Cordova, CA Wood Rodgers, Inc. of Oakland, CA 12 Surveying, Mapping, and BKF Engineers of Redwood City, CA Right-of-Way Engineering Kier & Wright of Santa Clara, CA SANDIS Civil Engineers Surveyors Planners of Oakland, CA Wilsey Ham of San Mateo, CA 13 Traffic Engineering AECOM Technical Services, Inc. of Oakland, CA & Transportation Alta Planning + Design, Inc. of Oakland, CA BKF Engineers of Redwood City, CA CHS Consulting Group of San Francisco, CA Crane Transportation Group of Elk Grove, CA DKS Associates of Oakland, CA Fehr & Peers of San Francisco, CA Hexagon Transportation Consultants, Inc. of San Jose, CA Iteris, Inc. of Oakland, CA Kimley-Horn and Associates, Inc. of Pleasanton, CA TJKM Transportation Consultants of Pleasanton, CA 14 Water Resources BKF Engineers of Redwood City, CA (Storm Water/Drainage Carollo Engineers, Inc. of Walnut Creek, CA and Waste Water) Freyer & Laureta, Inc. of San Francisco, CA Kennedy/Jenks Consultants, Inc. of San Francisco, CA Lotus Water of San Francisco, CA Schaaf & Wheeler Consulting Civil Engineers of San Francisco, CA Wilsey Ham of San Mateo, CA Woodard & Curran of Walnut Creek, CA WRECO of Walnut Creek, CA 15 Marine Engineering Anchor QEA, LLC of San Francisco, CA 16 Solid Waste Engineering NONE Page 1 of 4 ATTACHMENT 3 – CONSULTANTS SUBMITTED PROPOSALS NO. SERVICE AREA CONSULTANTS 1 Architecture Aetypic, Inc. of San Francisco, CA Group 4 Architecture of South San Francisco, CA KRJ Design Group of San Mateo, CA LDA Architects, Inc. of San Francisco, CA Page & Turnbull, Inc. of San Francisco, CA Ratcliff of San Francisco, CA SIM Architects, Inc. of San Francisco, CA WDA of San Francisco, CA 2 Biological Services AECOM Technical Services, Inc. of Oakland, CA A-T-S of San Francisco, CA Coast Ridge Ecology, LLC of San Francisco, CA Greeley and Hansen LLC of San Francisco, CA Horizon Water and Environment, LLC of Oakland, CA MIG of Berkeley, CA NCE of Richmond, CA Rincon Consultants, Inc. of Oakland, CA SWCA Environmental Consultants of San Francisco, CA WRECO of Walnut Creek, CA 3 Appraisal Services Associated Right of Way Services, Inc. of Pleasant Hill, CA 4 Civil Engineering ActiveWayz Engineering, Inc. of Oakland, CA AECOM Technical Services, Inc. of Oakland, CA Aliquot Associates, Inc. of Walnut Creek, CA Alta Planning + Design, Inc. of Oakland, CA Bellecci & Associates of Pleasanton, CA BKF Engineers of Redwood City, CA CSG Consultants. Inc. of Foster City, CA CSW/Stuber-Stroeh Engineering Group of Redwood City, CA Freyer & Laureta, Inc. of San Francisco, CA Greeley and Hansen LLC of San Francisco, CA Kimley-Horn and Associates, Inc. of Pleasanton, CA Lotus Water of San Francisco, CA Mark Thomas & Company, Inc. of Oakland, CA Mott MacDonald Group, Inc. of San Jose, CA NCE of Richmond, CA Quincy Engineering, Inc. of Walnut Creek, CA Ruggeri‐Jensen‐Azar of Pleasanton, CA SANDIS Civil Engineers Surveyors Planners of Oakland, CA TRC Engineers, Inc. of Rancho Cordova, CA Wilsey Ham of San Mateo, CA Wood Rodgers, Inc. of Oakland, CA WRECO of Walnut Creek, CA Page 2 of 4 5 Construction Management 4LEAF, Inc. of Pleasanton, CA and Inspection Services / Aliquot Associates, Inc. of Walnut Creek, CA Horizontal Construction AnchorCM of Lafayette, CA Bellecci & Associates of Pleasanton, CA BKF Engineers of Redwood City, CA Carollo Engineers, Inc. of Walnut Creek, CA CPM Associates, Inc. of San Francisco, CA CSG Consultants. Inc. of Foster City, CA Cumming Management Group Inc. of South San Francisco, CA Ghirardelli Associates, Inc. of Oakland, CA Greeley and Hansen LLC of San Francisco, CA Griffin Structures, Inc. of Santa Clara, CA Kennedy/Jenks Consultants, Inc. of San Francisco, CA mack5 of Emeryville, CA Mark Thomas & Company, Inc. of Oakland, CA MCK Americas Inc. of San Francisco, CA Park Engineering, Inc. of Orinda, CA Quincy Engineering, Inc. of Walnut Creek, CA Swinerton Management & Consulting of San Francisco, CA Tanner Pacific, Inc. of San Carlos, CA TRC Engineers, Inc. of Rancho Cordova, CA 6 Electrical Engineering Greeley and Hansen LLC of San Francisco, CA IMEG Corp. of San Francisco, CA Interface Engineering, Inc. of San Francisco, CA Kennedy/Jenks Consultants, Inc. of San Francisco, CA Kimley-Horn and Associates, Inc. of Pleasanton, CA Randall Lamb Associates, Inc. of San Francisco, CA Syska Hennessy Group of San Francisco, CA TJC and Associates, Inc. of Oakland, CA YEI Engineers, Inc. of Oakland, CA 7 Geotechnical Engineering Apex Testing Laboratories, Inc. of San Francisco, CA and Materials Testing BAGG Engineers of San Jose, CA Cal Engineering & Geology of Walnut Creek, CA Construction Testing Services, Inc. of San Francisco, CA Cotton, Shires and Associates, Inc. of Los Gatos, CA Fugro USA Land, Inc. of Walnut Creek, CA Geocon Consultants, Inc. of Livermore, CA Geosphere Consultants, Inc. of San Ramon, CA Haley & Aldrich, Inc. of Oakland, CA Langan of San Francisco, CA Ninyo & Moore of Walnut Creek, CA Smith-Emery of San Francisco, CA Page 3 of 4 8 Hazardous Materials Testing Intertek-PSI of Oakland, CA and Monitoring Services Ninyo & Moore of Walnut Creek, CA and/or Construction Material SCA Environmental, Inc. of San Francisco, CA Testing / Monitoring Terracon Consultants, Inc. of Emeryville, CA Vista Environmental Consulting, Inc. of San Leandro, CA 9 Landscape Architecture CALA of Burlingame, CA Gates + Associates of San Ramon, CA Harris Design of Berkeley, CA Mark Thomas & Company, Inc. of Oakland, CA MIG of Berkeley, CA Miller Company Landscape Architects of San Francisco, CA MSLA of Berkeley, CA NCE of Richmond, CA PlaceWorks Inc. of Berkeley, CA RHAA of Mill Valley, CA RRM Design Group of San Leandro, CA SSA Landscape Architects, Inc. of Santa Cruz, CA Studio-MLA of San Francisco, CA SWA Group of San Francisco, CA Tanaka Design Group of San Francisco, CA UDLA of San Francisco, CA Verde Design, Inc. of Santa Clara, CA Wood Rodgers, Inc. of Oakland, CA 10 Mechanical Engineering A & S Engineers, Inc. of San Francisco, CA Greeley and Hansen LLC of San Francisco, CA IMEG Corp. of San Francisco, CA Interface Engineering, Inc. of San Francisco, CA Randall Lamb Associates, Inc. of San Francisco, CA Syska Hennessy Group of San Francisco, CA YEI Engineers, Inc. of Oakland, CA 11 Structural Engineering Biggs Cardosa Associates, Inc. of San Francisco, CA Cornerstone Structural Engineering Group, Inc. of Fresno, CA CSG Consultants. Inc. of Foster City, CA HC Structural Engineering, Inc. of San Mateo, CA Kennedy/Jenks Consultants, Inc. of San Francisco, CA Lionakis of Oakland, CA Mark Thomas & Company, Inc. of Oakland, CA Pannu Larsen McCartney Inc. of San Francisco, CA Quincy Engineering, Inc. of Walnut Creek, CA Simpson Gumpertz & Heger Inc. of San Francisco, CA Skyline Engineering Inc. of Salinas, CA TJC and Associates, Inc. of Oakland, CA TRC Engineers, Inc. of Rancho Cordova, CA Wood Rodgers, Inc. of Oakland, CA ZFA Structural Engineers of San Carlos, CA Page 4 of 4 12 Surveying, Mapping, and Aliquot Associates, Inc. of Walnut Creek, CA Right-of-Way Engineering BKF Engineers of Redwood City, CA CSG Consultants. Inc. of Foster City, CA Kier & Wright of Santa Clara, CA Ruggeri‐Jensen‐Azar of Pleasanton, CA SANDIS Civil Engineers Surveyors Planners of Oakland, CA Wilsey Ham of San Mateo, CA 13 Traffic Engineering AECOM Technical Services, Inc. of Oakland, CA & Transportation Aliquot Associates, Inc. of Walnut Creek, CA Alta Planning + Design, Inc. of Oakland, CA BKF Engineers of Redwood City, CA CHS Consulting Group of San Francisco, CA Crane Transportation Group of Elk Grove, CA DKS Associates of Oakland, CA Fehr & Peers of San Francisco, CA Hexagon Transportation Consultants, Inc. of San Jose, CA Iteris, Inc. of Oakland, CA Kimley-Horn and Associates, Inc. of Pleasanton, CA RKH Civil and Transpiration Engineering of Foster City, CA SANDIS Civil Engineers Surveyors Planners of Oakland, CA TJKM Transportation Consultants of Pleasanton, CA Wood Rodgers, Inc. of Oakland, CA W-Trans of Oakland, CA 14 Water Resources Akel Engineering Group, Inc. of Fresno, CA (Storm Water/Drainage BKF Engineers of Redwood City, CA and Waste Water) Carollo Engineers, Inc. of Walnut Creek, CA CSG Consultants. Inc. of Foster City, CA Freyer & Laureta, Inc. of San Francisco, CA Greeley and Hansen LLC of San Francisco, CA Kennedy/Jenks Consultants, Inc. of San Francisco, CA Lotus Water of San Francisco, CA Mott MacDonald Group, Inc. of San Jose, CA Murraysmith of Roseville, CA Schaaf & Wheeler Consulting Civil Engineers of San Francisco, CA Water Works Engineers, LLC of San Mateo, CA Wilsey Ham of San Mateo, CA Wood Rodgers, Inc. of Oakland, CA Woodard & Curran of Walnut Creek, CA WRECO of Walnut Creek, CA 15 Marine Engineering Anchor QEA, LLC of San Francisco, CA 16 Solid Waste Engineering Greeley and Hansen LLC of San Francisco, CA Page 1 of 1 ATTACHMENT 4 – RATING CRITERIA AND SCORING Rating Criteria Score (100 pts total) Criteria Description Firm and Staff Qualifications and Experience /50  Firm's qualifications and experience are suitable for the execution within the Service Area.  Firm proposed adequate personnel effort.  Firm's assigned personnel have requisite education, experience, and professional qualifications to perform within the Service Area.  Firm’s ability to provide quality control and management. Relevant Projects and Services Offered /40  Firm has demonstrated the ability to deliver similar scopes or projects successfully and demonstrated expert knowledge within the Service Area.  Firm offers the full breadth and quality of skills or services within the Service Area. Familiarity w/ SSF /10  Firm's permanent office housing the assigned team is local or near-local within the Bay Area.  Firm or proposed personnel have the familiarity with the City and the surrounding area required to successfully execute within the Service Area. Page 1 of 16 ATTACHMENT 5 – CONSULTANT RATING SUMMARY NO. SERVICE AREA CONSULTANT RATER‐1 TOTAL SCORE RATER‐1 FIRM RANK RATER‐2 TOTAL SCORE RATER‐2 FIRM RANK RATER‐3 TOTAL SCORE RATER‐3 FIRM RANK AVERAGE RATERS' FIRM RANKING 1 Architecture SIM Architects, Inc. of San Francisco, CA93 1 95 1 97 1 1.00 Group 4 Architecture of South San Francisco, CA92 2 90 2 93 3 2.33 Ratcliff of San Francisco, CA87 3 90 2 85 5 3.33 KRJ Design Group of San Mateo, CA66 4 77 4 94 2 3.33 Page & Turnbull, Inc. of San Francisco, CA66 4 77 4 75 8 5.33 Aetypic, Inc. of San Francisco, CA58 8 70 6 80 7 7.00 LDA Architects, Inc. of San Francisco, CA60 7 58 7 89 4 6.00 WDA of San Francisco, CA61 6 58 7 85 5 6.00 Raters: Jacob Gilchrist Capital Projects Director Jeffrey Chou Engineering Division Associate Engineer Philip Vitale Capital Projects Deputy Director Page 2 of 16 NO. SERVICE AREA CONSULTANT RATER‐1 TOTAL SCORE RATER‐1 FIRM RANK RATER‐2 TOTAL SCORE RATER‐2 FIRM RANK RATER‐3 TOTAL SCORE RATER‐3 FIRM RANK AVERAGE RATERS' FIRM RANKING 2 Biological Services AECOM Technical Services, Inc. of Oakland, CA94 1 88 2 98 1 1.33 SWCA Environmental Consultants of San Francisco, CA94 1 86 4 98 1 2.00 WRECO of Walnut Creek, CA91 4 86 4 98 1 3.00 Rincon Consultants, Inc. of Oakland, CA93 3 88 2 95 7 4.00 MIG of Berkeley, CA89 6 90 1 94 8 5.00 A‐T‐S of San Francisco, CA69 9 86 4 96 5 6.00 NCE of Richmond, CA88 7 85 7 96 5 6.33 Horizon Water and Environment, LLCof Oakland, CA84 8 85 7 97 4 6.33 Coast Ridge Ecology, LLC of San Francisco, CA91 4 78 9 92 9 7.33 Greeley and Hansen LLC of San Francisco, CA63 10 59 10 83 10 10.00 Raters: Andrew Wemmer Water Quality Control Plant Environmental Compliance SupervisorGreg Mediati Parks and Recreation Deputy Director Joshua Richardson Parks and Recreation Parks Program Manager Page 3 of 16 NO. SERVICE AREA CONSULTANT RATER‐1 TOTAL SCORE RATER‐1 FIRM RANK RATER‐2 TOTAL SCORE RATER‐2 FIRM RANK RATER‐3 TOTAL SCORE RATER‐3 FIRM RANK AVERAGE RATERS' FIRM RANKING 3 Appraisal Services Associated Right of Way Services, Inc. of Pleasant Hill, CA100 1 99 1 75 1 1.00 Raters: Ernesto Lucero Economic and Community Development Coordinator Matthew Ruble Engineering Division Principal Engineer Nell Selander Economic and Community Development Deputy Director Page 4 of 16 NO. SERVICE AREA CONSULTANT RATER‐1 TOTAL SCORE RATER‐1 FIRM RANK RATER‐2 TOTAL SCORE RATER‐2 FIRM RANK RATER‐3 TOTAL SCORE RATER‐3 FIRM RANK AVERAGE RATERS' FIRM RANKING 4 Civil Engineering NCE of Richmond, CA96 1 90 4 93 2 2.33 BKF Engineers of Redwood City, CA96 1 93 3 78 10 4.67 AECOM Technical Services, Inc. of Oakland, CA95 3 95 1 77 12 5.33 WRECO of Walnut Creek, CA94 5 81 9 91 5 6.33 Kimley‐Horn and Associates, Inc. of Pleasanton, CA91 11 94 2 81 7 6.67 Wood Rodgers, Inc. of Oakland, CA93 7 80 11 92 3 7.00 Mark Thomas & Company, Inc.of Oakland, CA95 3 89 5 76 13 7.00 Wilsey Ham of San Mateo, CA85 18 87 6 92 3 9.00 Lotus Water of San Francisco, CA94 5 84 7 74 16 9.33 Quincy Engineering, Inc. of Walnut Creek, CA86 15 80 11 81 7 11.00 Ruggeri‐Jensen‐Azar of Pleasanton, CA86 15 72 19 94 1 11.67 Bellecci & Associates of Pleasanton, CA90 13 81 9 76 13 11.67 CSG Consultants. Inc. of Foster City, CA87 14 80 11 78 10 11.67 Mott MacDonald Group, Inc. of San Jose, CA93 7 82 8 66 22 12.33 TRC Engineers, Inc. of Rancho Cordova, CA83 19 80 11 79 9 13.00 Alta Planning + Design, Inc. of Oakland, CA91 11 53 22 90 6 13.00 Aliquot Associates, Inc. of Walnut Creek, CA92 9 79 15 74 16 13.33 CSW/Stuber‐Stroeh Engineering Group of Redwood City, CA86 15 79 15 75 15 15.00 Freyer & Laureta, Inc. of San Francisco, CA92 9 74 18 72 19 15.33 SANDIS Civil Engineers Surveyors Planners of Oakland, CA78 20 69 20 74 16 18.67 ActiveWayz Engineering, Inc. of Oakland, CA65 21 75 17 71 20 19.33 Greeley and Hansen LLC of San Francisco, CA61 22 59 21 69 21 21.33 Raters: Angel Torres Engineering Division Senior Engineer Bianca Liu Engineering Division Senior Engineer Jason Hallare Engineering Division Senior Engineer Page 5 of 16 NO. SERVICE AREA CONSULTANT RATER‐1 TOTAL SCORE RATER‐1 FIRM RANK RATER‐2 TOTAL SCORE RATER‐2 FIRM RANK RATER‐3 TOTAL SCORE RATER‐3 FIRM RANK AVERAGE RATERS' FIRM RANKING 5 Construction Swinerton Management & Consulting of San Francisco, CA93 2 94 1 98 1 1.33 Management and Aliquot Associates, Inc. of Walnut Creek, CA90 3 87 4 88 3 3.33 Inspection Services / Cumming Management Group Inc. of South San Francisco, CA90 3 92 2 86 7 4.00 Horizontal Construction TRC Engineers, Inc. of Rancho Cordova, CA90 3 83 11 91 2 5.33 AnchorCM of Lafayette, CA86 9 86 6 88 3 6.00 CSG Consultants. Inc. of Foster City, CA80 11 87 4 87 5 6.67 Tanner Pacific, Inc. of San Carlos, CA79 13 86 6 87 5 8.00 CPM Associates, Inc. of San Francisco, CA87 7 85 8 81 13 9.33 Mark Thomas & Company, Inc.of Oakland, CA94 1 83 11 71 19 10.33 mack5 of Emeryville, CA87 7 88 3 65 21 10.33 Bellecci & Associates of Pleasanton, CA82 10 79 16 86 7 11.00 MCK Americas Inc. of San Francisco, CA80 11 82 13 84 9 11.00 Carollo Engineers, Inc. of Walnut Creek, CA77 16 84 9 82 10 11.67 Park Engineering, Inc. of Orinda, CA89 6 81 15 78 15 12.00 Kennedy/Jenks Consultants, Inc. of San Francisco, CA78 14 82 13 80 14 13.67 Ghirardelli Associates, Inc. of Oakland, CA78 14 78 17 82 10 13.67 BKF Engineers of Redwood City, CA74 17 84 9 77 16 14.00 4LEAF, Inc. of Pleasanton, CA73 18 77 18 82 10 15.33 Quincy Engineering, Inc. of Walnut Creek, CA67 19 74 19 72 17 18.33 Greeley and Hansen LLC of San Francisco, CA35 21 54 21 72 17 19.67 Griffin Structures, Inc. of Santa Clara, CA63 20 63 20 67 20 20.00 Raters: Bianca Liu Engineering Division Senior Engineer Greg Mediati Parks and Recreation Deputy Director Jacob Gilchrist Capital Projects Director Page 6 of 16 NO. SERVICE AREA CONSULTANT RATER‐1 TOTAL SCORE RATER‐1 FIRM RANK RATER‐2 TOTAL SCORE RATER‐2 FIRM RANK RATER‐3 TOTAL SCORE RATER‐3 FIRM RANK AVERAGE RATERS' FIRM RANKING 6 Electrical Engineering Interface Engineering, Inc. of San Francisco, CA90 4 94 4 95 1 3.00 Randall Lamb Associates, Inc. OfSan Francisco, CA95 1 97 2 83 7 3.33 Syska Hennessy Group of San Francisco, CA95 1 85 6 92 3 3.33 YEI Engineers, Inc. of Oakland, CA90 4 87 5 93 2 3.67 Kimley‐Horn and Associates, Inc. of Pleasanton, CA75 7 99 1 89 4 4.00 Kennedy/Jenks Consultants, Inc. of San Francisco, CA95 1 80 7 86 5 4.33 IMEG Corp. of San Francisco, CA85 6 95 3 80 8 5.67 Greeley and Hansen LLC of San Francisco, CA75 7 63 8 80 8 7.67 TJC and Associates, Inc. of Oakland, CA65 9 58 9 86 5 7.67 Raters: Jason Hallare Engineering Division Senior Engineer Nicholas Talbot Water Quality Control Plant Plant Mechanic II Randy Chen Public Works Lead Electrical Tech Page 7 of 16 NO. SERVICE AREA CONSULTANT RATER‐1 TOTAL SCORE RATER‐1 FIRM RANK RATER‐2 TOTAL SCORE RATER‐2 FIRM RANK RATER‐3 TOTAL SCORE RATER‐3 FIRM RANK AVERAGE RATERS' FIRM RANKING 7 Geotechnical Ninyo & Moore of Walnut Creek, CA98 1 93 3 89 1 1.67 Engineering and Fugro USA Land, Inc. of Walnut Creek, CA88 6 86 6 81 2 4.67 Materials Testing Smith‐Emery of San Francisco, CA87 9 94 1 78 5 5.00 Haley & Aldrich, Inc. OfOakland, CA88 6 94 1 73 9 5.33 Geocon Consultants, Inc. of Livermore, CA95 2 91 4 70 11 5.67 Construction Testing Services, Inc. of San Francisco, CA95 2 85 9 75 7 6.00 Cotton, Shires and Associates, Inc. of Los Gatos, CA83 10 86 6 81 2 6.00 Cal Engineering & Geology of Walnut Creek, CA88 6 85 9 78 5 6.67 Langan of San Francisco, CA92 4 88 5 70 11 6.67 Apex Testing Laboratories, Inc. of San Francisco, CA 83 10 86 6 75 7 7.67 Geosphere Consultants, Inc. of San Ramon, CA90 5 84 11 73 9 8.33 BAGG Engineers of San Jose, CA60 12 81 12 81 2 8.67 Raters: Angel Torres Engineering Division Senior Engineer Jeffrey Chou Engineering Division Associate Engineer Matthew Ruble Engineering Division Principal Engineer Page 8 of 16 NO. SERVICE AREA CONSULTANT RATER‐1 TOTAL SCORE RATER‐1 FIRM RANK RATER‐2 TOTAL SCORE RATER‐2 FIRM RANK RATER‐3 TOTAL SCORE RATER‐3 FIRM RANK AVERAGE RATERS' FIRM RANKING 8 Hazardous Materials Ninyo & Moore of Walnut Creek, CA99 1 95 1 93 1 1.00 Testing and Monitoring SCA Environmental, Inc. OfSan Francisco, CA96 3 93 3 92 2 2.67 Services and/or Terracon Consultants, Inc. of Emeryville, CA93 4 95 1 86 3 2.67 Construction Material Vista Environmental Consulting, Inc. of San Leandro, CA99 1 86 5 83 4 3.33 Testing / Monitoring Intertek‐PSI of Oakland, CA92 5 87 4 80 5 4.67 Raters: Andrew Wemmer Water Quality Control Plant Environmental Compliance SupervisorAngel Torres Engineering Division Senior Engineer Jeffrey Chou Engineering Division Associate Engineer Page 9 of 16 NO. SERVICE AREA CONSULTANT RATER‐1 TOTAL SCORE RATER‐1 FIRM RANK RATER‐2 TOTAL SCORE RATER‐2 FIRM RANK RATER‐3 TOTAL SCORE RATER‐3 FIRM RANK AVERAGE RATERS' FIRM RANKING 9 Landscape Architecture RRM Design Group of San Leandro, CA96 1 92 5 95 1 2.33 SWA Group of San Francisco, CA89 4 94 4 94 2 3.33 CALA of Burlingame, CA86 5 96 2 93 4 3.67 Gates + Associates of San Ramon, CA81 9 96 2 94 2 4.33 MIG of Berkeley, CA91 2 89 9 93 4 5.00 NCE of Richmond, CA86 5 91 7 92 6 6.00 SSA Landscape Architects, Inc. of Santa Cruz, CA85 7 92 5 90 7 6.33 Verde Design, Inc. of Santa Clara, CA84 8 97 1 89 12 7.00 RHAA of Mill Valley, CA90 3 89 9 88 13 8.33 Miller Company Landscape Architects of San Francisco, CA81 9 87 11 90 7 9.00 Studio‐MLA of San Francisco, CA72 14 85 12 90 7 11.00 PlaceWorks Inc. of Berkeley, CA74 13 91 7 85 14 11.33 Harris Design of Berkeley, CA79 12 78 15 90 7 11.33 Mark Thomas & Company, Inc.of Oakland, CA58 17 77 16 90 7 13.33 MSLA of Berkeley, CA80 11 84 13 83 17 13.67 UDLA of San Francisco, CA66 16 84 13 85 14 14.33 Wood Rodgers, Inc. of Oakland, CA71 15 73 17 85 14 15.33 Tanaka Design Group of San Francisco, CA51 18 70 18 80 18 18.00 Raters: Jeffrey Chou Engineering Division Associate Engineer Joshua Richardson Parks and Recreation Parks Program Manager Philip Vitale Capital Projects Deputy Director Page 10 of 16 NO. SERVICE AREA CONSULTANT RATER‐1 TOTAL SCORE RATER‐1 FIRM RANK RATER‐2 TOTAL SCORE RATER‐2 FIRM RANK RATER‐3 TOTAL SCORE RATER‐3 FIRM RANK AVERAGE RATERS' FIRM RANKING 10 Mechanical Engineering YEI Engineers, Inc. of Oakland, CA90 2 95 2 89 1 1.67 Randall Lamb Associates, Inc. OfSan Francisco, CA90 2 93 3 88 2 2.33 Interface Engineering, Inc. of San Francisco, CA96 1 90 4 82 4 3.00 Syska Hennessy Group of San Francisco, CA90 2 87 6 87 3 3.67 IMEG Corp. of San Francisco, CA70 6 98 1 80 5 4.00 A & S Engineers, Inc. of San Francisco, CA77 5 86 7 78 6 6.00 Greeley and Hansen LLC of San Francisco, CA30 7 88 5 63 7 6.33 Raters: Angel Torres Engineering Division Senior Engineer Brian Crume Parks and Recreation Facilities Manager Nicholas Talbot Water Quality Control Plant Plant Mechanic II Page 11 of 16 NO. SERVICE AREA CONSULTANT RATER‐1 TOTAL SCORE RATER‐1 FIRM RANK RATER‐2 TOTAL SCORE RATER‐2 FIRM RANK RATER‐3 TOTAL SCORE RATER‐3 FIRM RANK AVERAGE RATERS' FIRM RANKING 11 Structural Engineering Wood Rodgers, Inc. of Oakland, CA100 1 95 1 85 3 1.67 Quincy Engineering, Inc. of Walnut Creek, CA100 1 93 4 92 1 2.00 TJC and Associates, Inc. of Oakland, CA100 1 95 1 84 4 2.00 Biggs Cardosa Associates, Inc. OfSan Francisco, CA98 8 95 1 88 2 3.67 TRC Engineers, Inc. of Rancho Cordova, CA100 1 91 5 79 5 3.67 Mark Thomas & Company, Inc.of Oakland, CA100 1 90 6 78 7 4.67 CSG Consultants. Inc. of Foster City, CA100 1 78 11 73 12 8.00 Pannu Larsen McCartney Inc. of San Francisco, CA100 1 65 14 75 9 8.00 Simpson Gumpertz & Heger Inc. OfSan Francisco, CA90 10 90 6 75 9 8.33 Kennedy/Jenks Consultants, Inc. of San Francisco, CA80 11 85 8 78 7 8.67 ZFA Structural Engineers of San Carlos, CA78 13 85 8 79 5 8.67 Lionakis of Oakland, CA95 9 77 13 75 9 10.33 HC Structural Engineering, Inc. OfSan Mateo, CA80 11 78 11 67 14 12.00 Cornerstone Structural Engineering Group, Inc. OfFresno, CA65 14 80 10 70 13 12.33 Skyline Engineering Inc. of Salinas, CA15 15 55 15 64 15 15.00 Raters: Erik Rietdorf Building Division Assistant Building Official Jeffrey Chou Engineering Division Associate Engineer Matthew Ruble Engineering Division Principal Engineer Page 12 of 16 NO. SERVICE AREA CONSULTANT RATER‐1 TOTAL SCORE RATER‐1 FIRM RANK RATER‐2 TOTAL SCORE RATER‐2 FIRM RANK RATER‐3 TOTAL SCORE RATER‐3 FIRM RANK AVERAGE RATERS' FIRM RANKING 12 Surveying, Mapping, Wilsey Ham of San Mateo, CA91 5 83 1 88 1 2.33 and Right‐of‐Way BKF Engineers of Redwood City, CA93 3 82 2 84 3 2.67 Engineering Kier & Wright of Santa Clara, CA98 1 75 4 83 4 3.00 SANDIS Civil Engineers Surveyors Planners of Oakland, CA98 1 75 4 83 4 3.00 CSG Consultants. Inc. of Foster City, CA92 4 79 3 65 7 4.67 Aliquot Associates, Inc. of Walnut Creek, CA90 7 65 7 85 2 5.33 Ruggeri‐Jensen‐Azar of Pleasanton, CA91 5 70 6 78 6 5.67 Raters: Angel Torres Engineering Division Senior Engineer Jason Hallare Engineering Division Senior Engineer Matthew Ruble Engineering Division Principal Engineer Page 13 of 16 NO. SERVICE AREA CONSULTANT RATER‐1 TOTAL SCORE RATER‐1 FIRM RANK RATER‐2 TOTAL SCORE RATER‐2 FIRM RANK RATER‐3 TOTAL SCORE RATER‐3 FIRM RANK AVERAGE RATERS' FIRM RANKING 13 Traffic Engineering Fehr & Peers of San Francisco, CA94 1 93 3 96 1 1.67 & Transportation Kimley‐Horn and Associates, Inc. of Pleasanton,CA91 4 98 1 87 3 2.67 DKS Associates of Oakland, CA87 12 98 1 90 2 5.00 CHS Consulting Group of San Francisco, CA93 2 91 5 75 10 5.67 Crane Transportation Group of Elk Grove, CA89 8 89 7 86 4 6.33 Hexagon Transportation Consultants, Inc. OfSan Jose, CA91 4 87 10 78 6 6.67 TJKM Transportation Consultants of Pleasanton, CA90 7 90 6 76 8 7.00 Alta Planning + Design, Inc. of Oakland, CA91 4 85 12 79 5 7.00 BKF Engineers of Redwood City, CA93 2 88 8 70 12 7.33 AECOM Technical Services, Inc. of Oakland, CA87 12 92 4 77 7 7.67 Iteris, Inc. of Oakland, CA88 9 88 8 76 8 8.33 Wood Rodgers, Inc. of Oakland, CA88 9 85 12 75 10 10.33 W‐Trans of Oakland, CA88 9 87 10 70 12 10.33 SANDIS Civil Engineers Surveyors Planners of Oakland, CA83 15 79 14 70 12 13.67 Aliquot Associates, Inc. of Walnut Creek, CA86 14 75 16 55 16 15.33 RKH Civil and Transportation Engineering of Foster City, CA78 16 78 15 60 15 15.33 Raters: Bianca Liu Engineering Division Senior Engineer Christopher Espiritu Planning Division Transportation Planner Matthew Ruble Engineering Division Principal Engineer Page 14 of 16 NO. SERVICE AREA CONSULTANT RATER‐1 TOTAL SCORE RATER‐1 FIRM RANK RATER‐2 TOTAL SCORE RATER‐2 FIRM RANK RATER‐3 TOTAL SCORE RATER‐3 FIRM RANK AVERAGE RATERS' FIRM RANKING 14 Water Resources Schaaf & Wheeler Consulting Civil Engineers of San Francisco, CA92 2 98 1 95 2 1.67 (Storm Water/Drainage BKF Engineers of Redwood City, CA82 5 97 3 91 3 3.67 and Waste Water) Carollo Engineers, Inc. of Walnut Creek, CA96 1 92 8 86 7 5.33 Wilsey Ham of San Mateo, CA84 4 93 6 86 7 5.67 WRECO of Walnut Creek, CA74 8 92 8 97 1 5.67 Lotus Water of San Francisco, CA65 14 98 1 91 3 6.00 Woodard & Curran of Walnut Creek, CA72 9 96 4 86 7 6.67 Freyer & Laureta, Inc. of San Francisco, CA71 10 95 5 86 7 7.33 Kennedy/Jenks Consultants, Inc. of San Francisco, CA88 3 88 10 83 13 8.67 Greeley and Hansen LLC of San Francisco, CA66 11 88 10 87 6 9.00 CSG Consultants. Inc. of Foster City, CA77 7 93 6 80 15 9.33 Akel Engineering Group, Inc. of Fresno, CA78 6 88 10 83 13 9.67 Water Works Engineers, LLC of San Mateo, CA66 11 87 13 86 7 10.33 Mott MacDonald Group, Inc. of San Jose, CA61 15 86 14 88 5 11.33 Murraysmith of Roseville, CA66 11 86 14 78 16 13.67 Wood Rodgers, Inc. of Oakland, CA60 16 86 14 84 12 14.00 Raters: Andrew Wemmer Water Quality Control Plant Environmental Compliance SupervisorBrian Schumacker Water Quality Control Plant Plant Superintendent Jason Hallare Engineering Division Senior Engineer Page 15 of 16 NO. SERVICE AREA CONSULTANT RATER‐1 TOTAL SCORE RATER‐1 FIRM RANK RATER‐2 TOTAL SCORE RATER‐2 FIRM RANK RATER‐3 TOTAL SCORE RATER‐3 FIRM RANK AVERAGE RATERS' FIRM RANKING 15 Marine Engineering Anchor QEA, LLC of San Francisco, CA90 1 89 1 78 1 1 Raters: Jacob Gilchrist Capital Projects Director Matthew Ruble Engineering Division Principal Engineer Philip Vitale Capital Projects Deputy Director Page 16 of 16 NO. SERVICE AREA CONSULTANT RATER‐1 TOTAL SCORE RATER‐1 FIRM RANK RATER‐2 TOTAL SCORE RATER‐2 FIRM RANK RATER‐3 TOTAL SCORE RATER‐3 FIRM RANK AVERAGE RATERS' FIRM RANKING 16 Solid Waste Engineering Greeley and Hansen LLC of San Francisco, CA47 1 80 1 74 1 1 Raters: Jason Hallare Engineering Division Senior Engineer Jeffrey Chou Engineering Division Associate Engineer Matthew Ruble Engineering Division Principal Engineer City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:19-957 Agenda Date:6/10/2020 Version:1 Item #:7a. Resolution approving and authorizing the City Manager to enter into various consulting services agreements for on-call architectural,engineering,and other professional services for various City-funded projects in an amount not to exceed $300,000 per fiscal year for a three year period per agreement with selected consultants. WHEREAS,on February 12,202,City of South San Francisco ("City")staff issued a Request for Statement of Qualifications ("SOQ")for on-call architectural,engineering,and professional services for 16 service areas from consulting firms,which professional service areas include appraisal services;architecture;biological services;civil engineering,construction management and inspection services;electrical engineering; geotechnical engineering and materials testing;hazardous material testing and monitoring;landscape architecture;marine engineering;mechanical engineering;solid waste engineering;structural engineering; surveying,mapping and right-of-way engineering;traffic engineering and transportation;and water resources; and WHEREAS,on March 11,2020,staff received one hundred sixty nine (169)proposals for the various service areas from consultants in response to the SOQ; and WHEREAS,City staff from the Engineering Division,Building Division,Economic and Community Development Department,Public Works Department,Parks and Recreation Department,Planning Division, and Water Quality Control Plant reviewed the proposals and selected the consultants based on their project understanding, example projects, expertise and proposal; and WHEREAS,staff recommends the Council approve and provide authority for the execution of the consulting services agreements with the selected consultants listed in Exhibit A and utilizing and customizing the form Consultant Services Agreement for each selected consultant, attached as Exhibit B; and WHEREAS,costs for the on-call architectural,engineering and other professional services will be charged to various city-funded projects through their sources of funding and shall not exceed $300,000 per agreement per fiscal year for the term of July 1,2020 to June 30,2023,in which the first fiscal year will begin on July 1,2020 and end on June 30,2021,with the City Manager having the option to extend their agreement for an additional two (2) years. NOW,THEREFORE,BE IT RESOLVED that the City Council of the City of South San Francisco hereby approves the Consulting Services Agreement,attached hereto and incorporated herein as Exhibit B,and utilizing this agreement for on-call architectural,engineering,and other professional services for various Capital Improvement Projects,for those selected consulting firms listed in Exhibit A,attached hereto and incorporated herein,in an amount not to exceed $300,000 per agreement per fiscal year for the term of July 1, 2020 to June 30,2023,in which the first fiscal year will begin on July 1,2020 and end on June 30,2021,with the City Manager having an option to extend any agreement for an additional two (2) years. City of South San Francisco Printed on 6/11/2020Page 1 of 2 powered by Legistar™ File #:19-957 Agenda Date:6/10/2020 Version:1 Item #:7a. BE IT FURTHER RESOLVED,that the City Council hereby authorizes the City Manager to execute on-call consulting services agreements on behalf of the City for those selected consulting firms listed in Exhibit A by utilizing the agreement listed as Exhibit B and in substantially the same form as Exhibit B,upon timely submission by the selected consultants'signed contracts and all other required documents,subject to approval as to form by the City Attorney. BE IT FURTHER RESOLVED,that the City Manager is authorized to take actions consistent with the intent of this Resolution that does not materially alter the City's obligations hereunder. ***** City of South San Francisco Printed on 6/11/2020Page 2 of 2 powered by Legistar™ Page 1 of 2 EXHIBIT A – SELECTED CONSULTANTS NO. SERVICE AREA CONSULTANTS 1 Architecture Group 4 Architecture of South San Francisco, CA KRJ Design Group of San Mateo, CA Ratcliff of San Francisco, CA SIM Architects, Inc. of San Francisco, CA 2 Biological Services AECOM Technical Services, Inc. of Oakland, CA SWCA Environmental Consultants of San Francisco, CA 3 Appraisal Services Associated Right of Way Services, Inc. of Pleasant Hill, CA 4 Civil Engineering AECOM Technical Services, Inc. of Oakland, CA Bellecci & Associates of Pleasanton, CA BKF Engineers of Redwood City, CA CSG Consultants. Inc. of Foster City, CA Kimley-Horn and Associates, Inc. of Pleasanton, CA Lotus Water of San Francisco, CA Mark Thomas & Company, Inc. of Oakland, CA NCE of Richmond, CA Quincy Engineering, Inc. of Walnut Creek, CA Ruggeri‐Jensen‐Azar of Pleasanton, CA Wilsey Ham of San Mateo, CA Wood Rodgers, Inc. of Oakland, CA WRECO of Walnut Creek, CA 5 Construction Management Aliquot Associates, Inc. of Walnut Creek, CA and Inspection Services / AnchorCM of Lafayette, CA Horizontal Construction Cumming Management Group Inc. of South San Francisco, CA Swinerton Management & Consulting of San Francisco, CA TRC Engineers, Inc. of Rancho Cordova, CA 6 Electrical Engineering Interface Engineering, Inc. of San Francisco, CA Randall Lamb Associates, Inc. of San Francisco, CA Syska Hennessy Group of San Francisco, CA 7 Geotechnical Engineering Construction Testing Services, Inc. of San Francisco, CA and Materials Testing Cotton, Shires and Associates, Inc. of Los Gatos, CA Fugro USA Land, Inc. of Walnut Creek, CA Geocon Consultants, Inc. of Livermore, CA Haley & Aldrich, Inc. of Oakland, CA Ninyo & Moore of Walnut Creek, CA Smith-Emery of San Francisco, CA 8 Hazardous Materials Testing Ninyo & Moore of Walnut Creek, CA and Monitoring Services SCA Environmental, Inc. of San Francisco, CA and/or Construction Material Terracon Consultants, Inc. of Emeryville, CA Testing / Monitoring Page 2 of 2 9 Landscape Architecture CALA of Burlingame, CA Gates + Associates of San Ramon, CA MIG of Berkeley, CA NCE of Richmond, CA RHAA of Mill Valley, CA RRM Design Group of San Leandro, CA SSA Landscape Architects, Inc. of Santa Cruz, CA SWA Group of San Francisco, CA Verde Design, Inc. of Santa Clara, CA 10 Mechanical Engineering Randall Lamb Associates, Inc. of San Francisco, CA YEI Engineers, Inc. of Oakland, CA 11 Structural Engineering Biggs Cardosa Associates, Inc. of San Francisco, CA Quincy Engineering, Inc. of Walnut Creek, CA TJC and Associates, Inc. of Oakland, CA TRC Engineers, Inc. of Rancho Cordova, CA Wood Rodgers, Inc. of Oakland, CA 12 Surveying, Mapping, and BKF Engineers of Redwood City, CA Right-of-Way Engineering Kier & Wright of Santa Clara, CA SANDIS Civil Engineers Surveyors Planners of Oakland, CA Wilsey Ham of San Mateo, CA 13 Traffic Engineering AECOM Technical Services, Inc. of Oakland, CA & Transportation Alta Planning + Design, Inc. of Oakland, CA BKF Engineers of Redwood City, CA CHS Consulting Group of San Francisco, CA Crane Transportation Group of Elk Grove, CA DKS Associates of Oakland, CA Fehr & Peers of San Francisco, CA Hexagon Transportation Consultants, Inc. of San Jose, CA Iteris, Inc. of Oakland, CA Kimley-Horn and Associates, Inc. of Pleasanton, CA TJKM Transportation Consultants of Pleasanton, CA 14 Water Resources BKF Engineers of Redwood City, CA (Storm Water/Drainage Carollo Engineers, Inc. of Walnut Creek, CA and Waste Water) Freyer & Laureta, Inc. of San Francisco, CA Kennedy/Jenks Consultants, Inc. of San Francisco, CA Lotus Water of San Francisco, CA Schaaf & Wheeler Consulting Civil Engineers of San Francisco, CA Wilsey Ham of San Mateo, CA Woodard & Curran of Walnut Creek, CA WRECO of Walnut Creek, CA 15 Marine Engineering Anchor QEA, LLC of San Francisco, CA 16 Solid Waste Engineering NONE Consulting Services Agreement between [Rev:2020.02.05] (DATE) City of South San Francisco and On Call Consultant Page 1 of 18 EXHIBIT B – ON CALL CONSULTING SERVICES AGREEMENT FOR SELECTED CONSULTANTS ON CALL CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND ON CALL CONSULTANT THIS AGREEMENT for on-call consulting services is made by and between the City of South San Francisco (“City”) and _____________“Consultant”) (together sometimes referred to as the “Parties”) as of July 1st. 2020 (the “Effective Date”). Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide consulting services on an on-call basis to City as described in the Scope of Work attached hereto and incorporated herein as Exhibit A, at the time and place and in the manner specified by the respective executed Task Orders, a sample of is attached hereto and incorporated herein as Exhibit B. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, and/or and any executed Task Orders, the Agreement shall prevail. 1.1 Term of Agreement. The term of this Agreement shall begin on the Effective Date and shall end on June 30, 2023, 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 Task Order. Prior to execution of a Task Order, the City shall request a Task Order Scope Proposal from the Consultant. Consultant shall provide the City with a Task Order Scope Proposal, and if satisfactory, the City and Consultant shall execute a Task Order. Upon an executed Task Order, Consultant shall perform the services listed in the Task Order and in a manner consistent with this Agreement. 1.3 Standard of Performance. Consultant shall perform all work 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. 1.4 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. 1.5 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 Section 1.3 above and to satisfy Consultant’s obligations hereunder. Consulting Services Agreement between [Rev:2020.02.05] (DATE) City of South San Francisco and On Call Consultant Page 2 of 18 1.6 Public Works Requirements. Because the services described in Exhibit A may include “work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work,” the services may constitute a public works within the definition of Section 1720(a)(1) of the California Labor Code. As a result, Consultant is required to comply with the provisions set forth in Exhibit E, which is attached hereto and incorporated herein. Section 2. COMPENSATION. This On-call Services Agreement does not guarantee any amount of work for the Consultant. Task Orders will be developed and executed as needed and provided for in this Agreement. The Consultant shall be paid by the City only for completed services rendered under each approved individual Task Order. Such payment shall be full compensation for payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment and incidentals necessary to complete the work stated in the Task Order. Notwithstanding the foregoing, Consultant shall not receive total compensation under this Agreement in an amount over Three Hundred Thousand Dollars ($300,000.00) per fiscal year, in which the fiscal year shall begin on July 1st and end on June 30th of the following year. In the event of a conflict between this Agreement and Consultant’s proposal, regarding the amount of compensation, the Agreement shall prevail. The payments for completed work under an executed Task Order shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, 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 all services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain all 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 each employee, agent, and subcontractor of Consultant performing services hereunder; Consulting Services Agreement between [Rev:2020.02.05] (DATE) City of South San Francisco and On Call Consultant Page 3 of 18  Consultant shall give separate notice to the City when the total number of hours worked by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds eight hundred (800) hours within a twelve (12)- month period under this Agreement and any other agreement between Consultant and City. Such notice shall include an estimate of the time necessary to complete work described in Exhibit A and the estimate of time necessary to complete work under any other agreement between Consultant and City, if applicable.  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. Each invoice shall include all expenses and actives performed during the invoice period for which Consultant expects to receive payment. 2.3 Final Payment. City shall pay the five percent (5%) 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. 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 C. 2.6 Reimbursable Expenses. Reimbursable expenses, as specified in Exhibit D, attached hereto and incorporated herein, shall not exceed One Thousand Dollars ($1,000). Expenses not listed below are not chargeable to City. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded. 2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor represents and warrants that Contractor is a resident of the State of California in accordance with California Revenue & Taxation Code Section 18662, as it may be Consulting Services Agreement between [Rev:2020.02.05] (DATE) City of South San Francisco and On Call Consultant Page 4 of 18 amended, and is exempt from withholding. Contractor accepts sole responsible for verifying the residency status of any subcontractors and withhold taxes from non-California subcontractors. 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 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 False Claims Act. Presenting a false or fraudulent claim for payment, including a change order, is a violation of the California False Claims Act and may result in treble damages and a fine of five thousand ($5,000) to ten thousand dollars ($10,000) per violation. Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities. Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work 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). Consultant shall maintain all required insurance listed herein for the duration of this Agreement. 4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any Consulting Services Agreement between [Rev:2020.02.05] (DATE) City of South San Francisco and On Call Consultant Page 5 of 18 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 $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) 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 therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non- owned automobiles. 4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 or GL 0002 (most recent editions) covering comprehensive General Liability Insurance and Services Office form number GL 0404 covering Broad Form Comprehensive General Liability on an “occurrence” basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (most recent edition). 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. Consulting Services Agreement between [Rev:2020.02.05] (DATE) City of South San Francisco and On Call Consultant Page 6 of 18 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 shall purchase an extended period coverage for a minimum of five (5) years after completion of work under this 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 for review prior to the commencement of any work under this Agreement. 4.3.3 Additional Requirements. A certified endorsement to include contractual liability shall be included in the policy 4.4 All Policies Requirements. 4.4.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A: VII. 4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Consultant shall furnish City with complete copies of all policies delivered to Consultant by the insurer, including complete copies of all endorsements attached to those policies. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Consultant Consulting Services Agreement between [Rev:2020.02.05] (DATE) City of South San Francisco and On Call Consultant Page 7 of 18 beginning work, this 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 City’s general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by the Consultant in the course of providing services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers. A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that no insurance or self-insurance maintained by the City shall be called upon to contribute to a loss under the coverage. 4.4.5 Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. Further, if the Consultant’s insurance policy includes a self-insured retention that must be paid by a named insured as a precondition of the insurer’s liability, or which has the effect of providing that payments of the self-insured retention by others, including additional insureds or insurers do not serve to satisfy the self- insured retention, such provisions must be modified by special endorsement so as to not apply to the additional insured coverage required by this agreement so as to not prevent any of the parties to this agreement from satisfying or paying the self- insured retention required to be paid as a precondition to the insurer’s liability. Additionally, the certificates of insurance must note whether the policy does or does not include any self-insured retention and also must disclose the deductible. During the period covered by this Agreement, only upon the prior express written authorization of Contract Administrator, Consultant may increase such deductibles Consulting Services Agreement between [Rev:2020.02.05] (DATE) City of South San Francisco and On Call Consultant Page 8 of 18 or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Consultant procure a bond, guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them. 4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 4.4.7 Wasting Policy. No insurance policy required by Section 4 shall include a “wasting” policy limit. 4.4.8 Variation. The City may approve a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that the City’s interests are otherwise fully protected. 4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; b. Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or c. Terminate this Agreement. Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES. Consultant shall, to the fullest extent allowed by law, with respect to all Services performed in connection with this Agreement, 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 (“Claims”), to the extent caused, directly or indirectly, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents. 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 Consulting Services Agreement between [Rev:2020.02.05] (DATE) City of South San Francisco and On Call Consultant Page 9 of 18 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. [The following should replace Section 5 text above if the consultant is providing architect, landscape architect, professional engineer, or professional land surveyor services under this Agreement.] Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES. [5.1.] Separate Professional Liability (PL) Indemnity. As respect to the performance of professional services, Consultant agrees to indemnify and hold harmless City, its officers, employees, authorized agents/volunteers (collectively, the “City Indemnitees”), from and against any damages, losses, liabilities, judgments, settlements, expenses, and costs (including reasonable and necessary attorneys' fees, costs and expenses) to the extent caused by Consultant's negligent acts, errors or omissions or willful misconduct in the performance of services under this Agreement and anyone for whom Consultant is legally liable. Consultant has no obligation to pay for any of City Indemnitees defense related cost prior to a final determination of liability, or to pay any amount that exceeds Consultant’s finally determined percentage of liability based upon the comparative fault of Consultant. [5.2] Separate Other than Professional Liability (OPL) Indemnity. As respect to its operations, other than the performance of professional services, Consultant agrees to indemnify, hold harmless and defend City with counsel approved by City, the City Indemnitees, from and against any damages, liabilities, judgments, settlements, costs, claims, demands, actions, suits, losses, and expenses (including reasonable and necessary attorneys' fees, costs and expenses) arising out of the death or bodily injury to any person or destruction or damage to any property, to the extent caused by Consultant's negligent acts, errors or omissions or willful misconduct in the performance of services under this Agreement and anyone for whom Consultant is legally liable. [5.3] Common PL & OPL Indemnity Provisions. Consultant’s obligations under this Section 5 shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises 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 under Section 5.2 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. 5.1 Insurance Not in Place of Indemnity. 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 Consulting Services Agreement between [Rev:2020.02.05] (DATE) City of South San Francisco and On Call Consultant Page 10 of 18 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. 5.2 PERS Liability. 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. 5.3 Third Party Claims. With respect to third party claims against the Consultant, the Consultant waives any and all rights of any type of express or implied indemnity against the Indemnitees. Section 6. STATUS OF CONSULTANT. 6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. 6.2 Consultant Not an 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 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 federal, state and local laws and regulations applicable to the performance of the work hereunder. Consultant’s failure to comply with such law(s) or regulation(s) shall constitute a breach of contract. Consulting Services Agreement between [Rev:2020.02.05] (DATE) City of South San Francisco and On Call Consultant Page 11 of 18 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 whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. 7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby. Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. 7.6 Contractor’s Residency and Tax Withholding. Contractor declares that Contractor is a resident of the State of California in accordance with the California Franchise Tax Board form 590 (“Form 590”), as may be amended, attached hereto and incorporated herein as Exhibit F. Unless provided with valid, written evidence of an exemption or waiver from withholding, City may withhold California taxes from payments to Contractor as required by law. Contractor shall obtain, and maintain on file for three (3) years after the termination of the Contract, Form 590s from all subcontractors. Contractor accepts sole responsibility for withholding taxes from any non-California resident subcontractor and shall submit written documentation of compliance with Contractor's withholding duty to City. Section 8. TERMINATION AND MODIFICATION. Consulting Services Agreement between [Rev:2020.02.05] (DATE) City of South San Francisco and On Call Consultant Page 12 of 18 8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. Upon termination, City shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and in accordance with Section 9.1. Consultant may cancel this Agreement for cause upon thirty (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 effective 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. City may temporarily suspend this Agreement, at no additional cost to City, provided that Consultant is given written notice (delivered by certified mail, return receipt requested) of temporary suspension. If City gives such notice of temporary suspension, Consultant shall immediately suspend its activities under this Agreement. A temporary suspension may be issued concurrent with the notice of termination provided for in this section. 8.2 Extension. The City Manager may, in his/her sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1 with a maximum of a two (2) year extension. Any such extension shall require Contractor to execute 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. Any additional compensation beyond the not-to-exceed amount provided for under Section 2 of the Agreement may be paid by the City only based on written approval by the City Manager or City Council, as applicable, and by a written amendment between the Parties. 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 Consulting Services Agreement between [Rev:2020.02.05] (DATE) City of South San Francisco and On Call Consultant Page 13 of 18 subcontractors noted in the proposal, without prior written approval of the Contract Administrator. 8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement. 8.6 Options upon Breach by Consultant. Notwithstanding any provisions of this Agreement, Consultant shall not be relieved of liability to City for damages sustained by City by virtue of any breach of this Agreement by Consultant, and City may withhold any payments due to Consultant until such time as the exact amount of damages, if any, due City from Consultant is determined. 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 confidential and will not be released to third parties without prior written consent of both Parties except as 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 Consulting Services Agreement between [Rev:2020.02.05] (DATE) City of South San Francisco and On Call Consultant Page 14 of 18 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 ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement. 9.4 Records Submitted in Response to an Invitation to Bid or Request for Proposals. All responses to a Request for Proposals (RFP) or invitation to bid issued by the City become the exclusive property of the City. At such time as the City selects a bid, all proposals received become a matter of public record, and shall be regarded as public records, with the exception of those elements in each proposal that are defined by Consultant and plainly marked as “Confidential,” "Business Secret" or “Trade Secret." 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. Consulting Services Agreement between [Rev:2020.02.05] (DATE) City of South San Francisco and On Call Consultant Page 15 of 18 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 of San Mateo or in the United States District Court for the Northern District of California. 10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties. 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. During the term of this Agreement, the Consultant shall disclose any financial, business, or other relationship with City that may have an impact upon the outcome of this Agreement or any ensuing City construction project. The Consultant shall also list current clients who may have a financial interest in the outcome of this Agreement or any ensuing City construction project which will follow. Consultant certifies that it has disclosed to City any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided pursuant to this Agreement. Consultant agrees to advise City of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution of this Agreement. Consultant further agrees to complete any statements of economic interest if required by either City ordinance or State law. The Consultant hereby certifies that it does not now have nor shall it acquire any financial or business interest that would conflict with the performance of services under this Agreement. The Consultant hereby certifies that the Consultant or subconsultant and any firm affiliated with the Consultant or subconsultant that bids on any construction contract or on any Agreement to provide construction inspection for any construction project resulting from this Agreement, has established necessary controls to ensure a conflict of interest does not exist. An affiliated firm is one, which is subject to the control of the same persons, through joint ownership or otherwise. 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. Consulting Services Agreement between [Rev:2020.02.05] (DATE) City of South San Francisco and On Call Consultant Page 16 of 18 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 Eunejune Kim, City Engineer/Public Works Director ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee. Further, the Contract Administrator has authority to approve Task Orders under this Agreement. 10.10 Notices. All notices and other communications which are required or may be given under this Agreement shall be in writing and shall be deemed to have been duly given (i) when received if personally delivered; (ii) when received if transmitted by telecopy, if received during normal business hours on a business day (or if not, the next business day after delivery) provided that such facsimile is legible and that at the time such facsimile is sent the sending Party receives written confirmation of receipt; (iii) if sent for next day delivery to a domestic address by recognized overnight delivery service (e.g., Federal Express); and (iv) upon receipt, if sent by certified or registered mail, return receipt requested. In each case notice shall be sent to the respective Parties as follows: Consultant ____________________________________________ ____________________________________________ ____________________________________________ City NOTICES INVOICES City Clerk Engineering City of South San Francisco City of South San Francisco 400 Grand Avenue 315 Maple Ave Consulting Services Agreement between [Rev:2020.02.05] (DATE) City of South San Francisco and On Call Consultant Page 17 of 18 South San Francisco, CA 94080 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 the scope of work attached hereto and incorporated herein as Exhibits A, B, C, D, E, and F 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. Exhibit A Scope of Services Exhibit B Task Order Exhibit C Compensation Schedule Exhibit D Reimbursable Expenses Exhibit E Public Works Requirements Exhibit F Form 590 10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. 10.14 Construction. The headings in this Agreement are for the purpose of reference only and shall not limit or otherwise affect any of the terms of this Agreement. The parties have had an equal opportunity to participate in the drafting of this Agreement; therefore any construction as against the drafting party shall not apply to this Agreement. 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. The Parties have executed this Agreement as of the Effective Date. CITY OF SOUTH SAN FRANCISCO CONSULTANT Consulting Services Agreement between [Rev:2020.02.05] (DATE) City of South San Francisco and On Call Consultant Page 18 of 18 ____________________________ ______________________________ Mike Futrell, City Manager [NAME, TITLE] Attest: ____________________________ Rosa Acosta, City Clerk Approved as to Form: ____________________________ City Attorney Consulting Services Agreement between (DATE) City of South San Francisco and On Call Consultant-Exhibit A- Page 1 of 1 EXHIBIT A SCOPE OF SERVICES Consulting Services Agreement between (DATE) City of South San Francisco and On Call Consultant-Exhibit B- Page 1 of 1 EXHIBIT B SAMPLE TASK ORDER Date NAME OF FIRM FIRM ADDRESS FIRM ADDRESS Subject: Project# XXXXXX - NAME Authorization and Notice-to-Proceed for Services per Agreement per Resolution No. YYY-20YY Between the City of South San Francisco and NAME OF FIRM. Dear Name, This letter shall serve as written authorization for Task Order No. 20YY-0X and Notice- to-Proceed for the work and the cost associated with NAME OF FIRM. This work shall be done under the Agreement between Consultant and the City of South San Francisco executed on DATE per City Council Resolution No. YYY-20YY. The Not- to-Exceed amount for Task Order. 20YY-0X shall be $0.00, based on the authorized tasks in the attached proposal dated DATE. A breakdown of this work and the work authorized to date under this Agreement is as follows: Work Authorized for Agreement (Agreement NTE Amount $300,000.00) Date Authorized Amount Authorized Task Order No. 20YY-0X NAME OF SERVICES DATE $0.00 Task Order No. 20YY-0X NAME OF SERVICES DATE $0.00 Total Authorized (All Task Orders) $0.00 Amount Remaining in Agreement $300,000.00 If you have any questions or need additional information, please contact ENGINEER, Project Manager by phone at (650) 829-66XX or via email at NAME@ssf.net. Sincerely, Matthew Ruble, PE Principal Engineer Attachment: COPY OF PROPOSAL dated DATE Consulting Services Agreement between (DATE) City of South San Francisco and On Call Consultant -Exhibit C - Page 1 of 2 EXHIBIT C COMPENSATION SCHEDULE Consulting Services Agreement between (DATE) City of South San Francisco and On Call Consultant-Exhibit D - Page 1 of 1 EXHIBIT D REIMBURSABLE EXPENSES Reimbursable Expenses. The following constitute reimbursable expenses authorized by this Agreement: mileage, parking, tolls, printing, out of area travel, conference calls, postage, express mail, and delivery. Reimbursable expense shall be attached by the Consultant for approval by the City and shall not exceed One Thousand Dollars ($1,000). Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded. Consulting Services Agreement between (DATE) City of South San Francisco and On Call Consultant -Exhibit E - Page 1 of 2 EXHIBIT E PROVISIONS REQUIRED FOR PUBLIC WORKS CONTRACTS I. HOURS OF WORK: A. In accordance with California Labor Code Section 1810, eight (8) hours of labor in performance of the services described in Exhibit A shall constitute a legal day’s work under this contract. B. In accordance with California Labor Code Section 1811, the time of service of any worker employed in performance of the services described in Exhibit A is limited to eight (8) hours during any one (1) calendar day, and forty (40) hours during any one calendar week, except in accordance with California Labor Code Section 1815, which provides that work in excess of eight (8) hours during any one (1) calendar day and forty (40) hours during any one calendar week is permitted upon compensation for all hours worked in excess of eight (8) hours during any one (1) calendar day and forty (40) hours during any one (1) calendar week at not less than one-and- one-half (1.5) times the basic rate of pay. C. The Consultant and its subcontractors shall forfeit as a penalty to the City twenty five dollars ($25) for each worker employed in the performance of the services described in Exhibit A for each calendar day during which the worker is required or permitted to work more than eight (8) hours in any one (1) calendar day, or more than forty (40) hours in any one (1) calendar week, in violation of the provisions of California Labor Code Section 1810, et seq.. II. WAGES: A. In accordance with California Labor Code Section 1773.2, the Contractor and any subcontractors shall pay not less than the general prevailing wages for each craft or type of work needed for completion of the services described in Exhibit A, as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research. A copy of this publication is on file in the City Public Works Office and shall be made available on request. B. Pursuant to Labor Code Section 1775, Contractor may be subject to a penalty of up to two hundred dollars ($200) per day for each worker engaged in the performance of the services described in Exhibit A that the Consultant or any subcontractor pays less than the specified prevailing wage. The Consultant or subcontractor shall also pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate. C. Consultant shall comply with all of the following requirements: 1. contracts between the Consultant and the subcontractor for the performance of part of the services described in Exhibit A shall include a copy of the provisions of California Labor Code Sections 1771, 1775, 1776, 1777.5, 1813, and 1815. Consulting Services Agreement between (DATE) City of South San Francisco and On Call Consultant -Exhibit E - Page 2 of 2 2. The Consultant shall monitor payment of the specified general prevailing rate of per diem wages by the subcontractor by periodic review of the subcontractor’s certified payroll records. 3. Upon becoming aware of a subcontractor’s failure to pay the specified prevailing rate of wages, the Consultant shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for performance of the services described in Exhibit A. 4. Prior to making final payment to the subcontractor, the Consultant shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages for employees engaged in the performance of the services described in Exhibit A and any amounts due pursuant to California Labor Code Section 1813. D. In accordance with California Labor Code Section 1776, the Consultant and each subcontractor engaged in performance of the services described in Exhibit A shall keep accurate payroll records showing the name, address, social security number, work, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in performance of the services described in Exhibit A. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: 1. The information contained in the payroll record is true and correct. 2. The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by the employer’s employees on the public works project. The payroll records required pursuant to California Labor Code Section 1776 shall be certified and shall be available for inspection by the City and its authorized representatives, the Division of Labor Standards Enforcement, the Division of Apprenticeship Standards of the Department of Industrial Relations and shall otherwise be available for inspection in accordance with California Labor Code Section 1776. E. In accordance with California Labor Code Section 1777.5, the Consultant, on behalf of the Consultant and any subcontractors engaged in performance of the services described in Exhibit A, shall be responsible for ensuring compliance with California Labor Code Section 1777.5 governing employment and payment of apprentices on public works contracts. Consulting Services Agreement between (DATE) City of South San Francisco and On Call Consultant-Exhibit F - Page 1 of 1 EXHIBIT F FORM 590 3478989.1 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-172 Agenda Date:5/27/2020 Version:1 Item #:16. Conference with Real Property Negotiators (Pursuant to Government Code Section 54956.8) Properties: 201 Baden Avenue (APN 012-335-100 and APN 012-335-110) City Negotiators: Julie Barnard, Economic Development Coordinator Negotiating Parties: City of South San Francisco and Firehouse Work, LLC and Habitat for Humanity Greater San Francisco. Under Negotiation: Review of Price and Terms City of South San Francisco Printed on 5/22/2020Page 1 of 1 powered by Legistar™