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HomeMy WebLinkAbout01.26.22@600 Regular CCWednesday, January 26, 2022 6:00 PM City of South San Francisco P.O. Box 711 South San Francisco, CA TELECONFERENCE MEETING Zoom Link: https://ssf-net.zoom.us/j/82598275022 City Council Regular Meeting Agenda January 26, 2022City Council Regular Meeting Agenda TELECONFERENCE MEETING NOTICE 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 Coleman, Flores and Addiego, Vice Mayor Nicolas and Mayor Nagales and essential City staff may participate via Teleconference. Pursuant to Ralph M. Brown Act, Government Code Section 54953, all votes shall be by roll call due to council members participating by teleconference. The City Council may meet by teleconference, consistent with the Brown Act as amended by AB 361 (2021). Under the amended rules, the City will not provide a physical location for members of the public to participate in the teleconference meeting. American Disability Act: The City Clerk will provide materials in appropriate alternative formats to comply with the Americans with Disabilities Act. Please send a written request to City Clerk Rosa Govea Acosta at 400 Grand Avenue, South San Francisco, CA 94080, or email at all-cc@ssf.net. Include your name, address, phone number, a brief description of the requested materials, and preferred alternative format service at least 72-hours before the meeting. Accommodations: Individuals who require special assistance of a disability -related modification or accommodation to participate in the meeting, including Interpretation Services, should contact the Office of the City Clerk by email at all-cc@ssf.net, 72-hours before the meeting. Notification in advance of the meeting will enable the City of South San Francisco to make reasonable arrangements to ensure accessibility to the meeting. Page 2 City of South San Francisco Printed on 3/16/2022 January 26, 2022City Council Regular Meeting Agenda ZOOM LINK BELOW -NO REGISTRATION REQUIRED Join Zoom meeting https://ssf-net.zoom.us/j/82598275022 (Enter your email and name) Join by One Tap Mobile : US: +16699006833,,82598275022# or +12532158782,,82598275022# Join by Telephone: Dial (for higher quality, dial a number based on your current location): US: +1 346 248 7799 or +1 669 900 6833 or 833 548 0276 (Toll Free) Webinar ID: 825 9827 5022 How to observe the Meeting (no public comment): 1) Local cable channel: Astound, Channel 26 or Comcast, Channel 27 2) https://www.ssf.net/government/city-council/video-streaming-city-and-council-meetings/city-council How to submit written Public Comment before the City Council Meeting: Members of the public are encouraged to submit public comments in writing in advance of the meeting via the eComment tab by 4:00 p.m. on the meeting date. Use the eComment portal by clicking on the following link : https://ci-ssf-ca.granicusideas.com/meetings or by visiting the City Council meeting's agenda page. eComments are also directly sent to the iLegislate application used by City Council and staff. How to provide Public Comment during the City Council Meeting: 1) By Phone: (669) 900-6833. Webinar ID is 825 9827 5022. Click *9 to raise a hand to speak. Click *6 to unmute when called. By One tap mobile: US: +16699006833,,82598275022# or +12532158782,,82598275022# 2) Online at: https://ssf-net.zoom.us/j/82598275022 a. Enter an email address and name. The name will be visible online and will be used to notify you that it is your turn to speak. b. When the Clerk calls for the item on which you wish to speak, click on "raise hand." Speakers will be notified shortly before they are called to speak. c. When called, please limit your remarks to the time limit allotted. Page 3 City of South San Francisco Printed on 3/16/2022 January 26, 2022City Council Regular Meeting Agenda PEOPLE OF SOUTH SAN FRANCISCO The City Council's regular meetings are held on the second and fourth Wednesday of each month at 6:00 p.m. MARK NAGALES, Mayor (District 2) BUENAFLOR NICOLAS, Vice Mayor (At-Large) JAMES COLEMAN, Councilmember (District 4) EDDIE FLORES, Councilmember (At-Large) MARK ADDIEGO, Councilmember (At-Large) 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 4 City of South San Francisco Printed on 3/16/2022 January 26, 2022City Council Regular Meeting Agenda CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE AGENDA REVIEW ANNOUNCEMENTS FROM STAFF PRESENTATIONS Update by PG&E. (Bill Chiang, PG&E Local Government Affairs representative)0. Proclamation celebrating January as National Mentoring Month. (Mark Nagales, Mayor) 1. Proclamation celebrating January as National Biotechnology Month. (Mark Nagales, Mayor) 2. Presentation on the Cultures United Initiative (Maryjo Nunez, Lead for America Fellow; Tamiko Huey, Management Fellow; Ashley Crociani, Policy Analyst) 3. PUBLIC COMMENTS Comments received by the deadline will be included as part of the meeting record but will not be read aloud during the meeting. The Public Comment portion of the meeting is reserved for persons wishing to address the Council on any matter NOT on the agenda. Comments on agenda items will be taken when that item is called. If joining the conference by phone you may raise your hand by dialing *9 and *6 to unmute. State law prevents Council from responding to public comments or taking action on matters not on the agenda . The Council may refer comments to staff for follow -up. Speakers are limited to three minutes. If there appears to be a large number of speakers, the Mayor may reduce speaking time to limit the total amount of time for public comments (Gov. Code sec. 54954.3.(b)(1).). Speakers that are not in compliance with the City Council's rules of decorum will be muted. COUNCIL COMMENTS/REQUESTS CONSENT CALENDAR Motion to approve the Minutes for the meetings of December 8, 2021 and January 12, 2022. 4. Page 5 City of South San Francisco Printed on 3/16/2022 January 26, 2022City Council Regular Meeting Agenda Report regarding a resolution amending an existing services agreement with Bigbelly Solar, LLC by an amount of $120,000 for a total not to exceed amount of $270,000 for the lease, software, and installation of ten (10) additional dual-stream trash and recycling receptacles for the South San Francisco downtown, with a term end date of November 3, 2025. (Marissa Garren, Management Analyst I) 5. Resolution amending an existing services agreement with Bigbelly Solar, LLC by an amount of $120,000 for a total not to exceed amount of $270,000 for the lease, software, and installation of ten (10) additional dual-stream trash and recycling receptacles for the South San Francisco downtown, with a term end date of November 3, 2025 5a. Report regarding a resolution authorizing the acceptance of $20,000 in donations from the South San Francisco Association of Firefighters Local 1507 Charity Foundation and approving Budget Amendment 22.044. (Jess Magallanes, Fire Chief) 6. Resolution authorizing the acceptance of $20,000 in donations from the South San Francisco Association of Firefighters Local 1507 Charity Foundation and approving Budget Amendment 22.044. 6a. Report regarding a resolution approving Program Supplement Agreement No. F031 with the State of California, for the West Orange Ave and Hillside Blvd Pedestrian Crossing Enhancements Project (tr2001) in the amount of $204,800 and authorizing the City Manager to execute said Agreement. (Jeffrey Chou, Associate Engineer) 7. Resolution approving Program Supplement Agreement No. F031 with the State of California, for the West Orange Avenue and Hillside Boulevard Pedestrian Crossing Enhancements Project (tr2001) in the amount of $204,800 and authorizing the City Manager to execute said Agreement. 7a. Report regarding a resolution authorizing the acceptance of grants and donations from various community partners totaling $5,250 for Fiscal Year 2021-22, as well as in-kind donations of supplies and volunteer support for Parks and Recreation Department programs and events, and amending the Parks and Recreation Department’s Fiscal Year 2021-22 Operating Budget pursuant to budget amendment #22.042. (Greg Mediati, Director of Parks and Recreation) 8. Resolution authorizing the acceptance of grants and donations from various community partners totaling $5,250 for Fiscal Year 2021-22, as well as in-kind donations of supplies and volunteer support for Parks and Recreation Department programs and events, and amending the Parks and Recreation Department’s Fiscal Year 2021-22 Operating Budget pursuant to budget amendment #22.042. 8a. Page 6 City of South San Francisco Printed on 3/16/2022 January 26, 2022City Council Regular Meeting Agenda Report regarding approval of a resolution authorizing the acceptance of $5,000 in grant funding from Kaiser Permanente to support “Healthy Places for a Healthy City”, a community event that will fund a virtual fair that promotes healthy eating and active living and approving Budget Amendment 22.041. (Tamiko Huey, Management Fellow) 9. Resolution authorizing the acceptance of $5,000 in grant funding from Kaiser Permanente to support “Healthy Places for a Healthy City,” a community event that will fund a virtual fair that promotes healthy eating and active living and approving Budget Amendment 22.041. 9a. Report regarding adoption of a resolution awarding a construction contract to Econolite Systems, Inc. of Anaheim, California, accepting an additional $1,600,000 in grant funding from the City/County Association of Governments (C/CAG), approving a contract amendment with Kimley Horn and Associates, and approving an Ownership, Operations, and Maintenance Agreement with City/County Association of Governments (C/CAG), all for the Smart Corridors South San Francisco Expansion Project (Project No. tr2002). (Bianca Liu, Senior Civil Engineer) 10. Resolution awarding a construction contract to Econolite Systems, Inc. of Anaheim, California, accepting an additional $1,600,000 in grant funding from C/CAG, approving a contract amendment with Kimley Horn and Associates and approving an Ownership, Operations, and Maintenance Agreement with City/County Association of Governments (C/CAG), all for the Smart Corridors South San Francisco Expansion Project (Project No. tr2002) 10a. Report regarding a resolution a First Amendment to the consulting services agreement with e-Builder Inc., extending the term until November 7, 2025, and increasing the total not to exceed amount by $373,352 for capital project management software and support services. (Matthew Ruble, Principal Engineer) 11. A resolution amending the consulting services agreement with e-Builder Inc., extending the term until November 7, 2025 and increasing the total not to exceed amount by $373,352 for capital project management software and support services 11a. PUBLIC HEARING Report regarding a third public hearing to receive a report from the city’s demographer, National Demographic Corporation (NDC) regarding the redrawing of district maps for the City of South San Francisco. (Rosa Govea Acosta, City Clerk and Kristen Parks, National Demographics Corporation) 12. Page 7 City of South San Francisco Printed on 3/16/2022 January 26, 2022City Council Regular Meeting Agenda ADMINISTRATIVE BUSINESS Report regarding consideration of options for stationary Automatic License Plate Readers (ALPR) cameras at the entrance/exit ramps of Highway 101 and Interstate 380, Interstate 280, and/or intersections between South San Francisco and neighboring cities, and potential adoption of a resolution to select an option. (Maryjo Nuñez, Lead for America Fellow, City Manager’s Office) 13. Resolution approving the placement of stationary Automatic License Plate Readers (ALPR) cameras at entrance and exit ramps throughout South San Francisco along Highway 101 and Interstate 380. 13a. Report regarding an ordinance adding Chapter 2.85 to Title 2 of the South San Francisco Municipal Code related to the establishment of a City Board titled SSF VOICES - SSF Vision of Inclusive Community Equity and Safety (Sky Woodruff, City Attorney, and Amy Ferguson, Management Fellow) 14. Ordinance adding Chapter 2.85 to Title 2 of the South San Francisco Municipal Code to create a City advisory board titled SSF VOICES - SSF Vision of Inclusive Community Equity and Safety 14a. Report regarding a resolution amending the Capital Improvement Program Budget for Fiscal Year 2021-22 approving an additional appropriations request of $800,000 and authorizing City Staff to prepare an Initial Study for the City Hall Annex Replacement (Project Number pf2209) and approving Budget Amendment number 22.039 in an amount not to exceed $800,000 transferring funds from the Infrastructure Reserve to provide funding for this initial study. (Jacob Gilchrist, Director of Capital Projects) 15. Resolution amending the Capital Improvement Program Budget for Fiscal Year 2021-22 approving an additional appropriations request of $800,000 and authorizing City Staff to prepare an Initial Study for the City Hall Annex Replacement (Project Number pf2209) and approving Budget Amendment number 22.039 in an amount not to exceed $800,000 transferring funds from the Infrastructure Reserve to provide funding for this initial study. 15a. ITEMS FROM COUNCIL – COMMITTEE REPORTS AND ANNOUNCEMENTS Page 8 City of South San Francisco Printed on 3/16/2022 January 26, 2022City Council Regular Meeting Agenda CLOSED SESSION Conference with Labor Negotiators (Pursuant to Government Code Section 54957.6) Agency designated representatives: Mike Futrell, City Manager; Leah Lockhart, Director of Human Resources, Donna Williamson and Lisa Charbonneau, Liebert Cassidy Whitmore Employee organizations: AFSCME Local 829, IUOE Local 39, IAFF Local 1507, Police Association, Public Safety Managers, Teamsters Local 856 - Confidential, Teamsters Local 856 - Mid-management Unrepresented employees: Executive Management 16. ADJOURNMENT Page 9 City of South San Francisco Printed on 3/16/2022 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-21 Agenda Date:1/26/2022 Version:1 Item #:0 Update by PG&E. (Bill Chiang, PG&E Local Government Affairs representative) City of South San Francisco Printed on 3/16/2022Page 1 of 1 powered by Legistar™ Agenda Item 0. 22-21 Update by PG&E. (Bill Chiang, PG&E Local Government Affairs representative) Legislation Text 1 Public Comment Gilbert Resident at January 26, 2022 at 1:21pm PST Neutral My family have been residents of Gilbert Court for over 40 years. During that time, and continuing to this day, PGE has NEVER given notice of any scheduled maintenance of its electrical equipment in our neighborhood, where our neighborhood would be notified at least a few days in advance of any scheduled maintenance with PGE's equipment. Over the past 2 years alone, Gilbert Court has experienced three (3) power outages, two (2) of those power outages not being related to the weather. One of those non-weather- related outages occurred on June 1st-2nd, 2020, and then a second non-weather related outage occurred on July 29-30, 2021. There was also an outage on October 25, 2021, but that outage seemed to be weather related. My perception of PGE is that PGE is more REACTIVE rather than PROACTIVE when it comes to problems and issues with PGE's equipment. The deadly San Bruno PGE gas pipeline explosion of September 9, 2010, should already be an indication of PGE's ongoing negligence in our local area. City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-63 Agenda Date:1/26/2022 Version:1 Item #:1. Proclamation celebrating January as National Mentoring Month.(Mark Nagales, Mayor) City of South San Francisco Printed on 3/16/2022Page 1 of 1 powered by Legistar™ Dated: January 26, 2022 RECOGNITION OF NATIONAL MENTORING MONTH January 26, 2022 WHEREAS, January 2022 will mark the 20th anniversary of National Mentoring Month, an annual campaign to focus attention on the need for mentors, as well as how each of us can work together to increase the number of mentors to help ensure positive outcomes for our young people; and WHEREAS, South San Francisco honors volunteer mentors who support young people by showing up for them every day and demonstrating their commitment to helping them thrive; and WHEREAS, mentoring programs like the Boys and Girls Club of South San Francisco make our communities and our state stronger by driving impactful relationships that increase social capital for young people and provide invaluable support networks; and WHEREAS, during the COVID-19 pandemic, mentoring programs have stepped up to fill gaps for young people and families, connecting them with resources and ensuring that mentoring relationships continue virtually to ensure that physical distancing does not mean social disconnection; and WHEREAS, mentoring plays a pivotal role in career exploration and supports workplace skills by helping young people set career goals, equipping mentors with the skills needed to open the professional growth of young people, and drives positive outcomes for young people and businesses; and WHEREAS, quality mentoring promotes healthy relationships and communication, positive self-esteem, emotional well-being, and growth of a young person and their relationships with other adults; and WHEREAS, National Mentoring Month is the time of year to celebrate, elevate and encourage mentoring across our state and recruit caring adult mentors in South San Francisco. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of South San Francisco do hereby proclaim January 2022, as National Mentoring Month in South San Francisco. ______________________________ Mark Nagales, Mayor ________________________________ Buenaflor Nicolas, Vice Mayor ________________________________ Mark Addiego, Councilmember ________________________________ James Coleman, Councilmember ________________________________ Eddie Flores, Councilmember City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-65 Agenda Date:1/26/2022 Version:1 Item #:2. Proclamation celebrating January as National Biotechnology Month.(Mark Nagales, Mayor) City of South San Francisco Printed on 3/16/2022Page 1 of 1 powered by Legistar™ Dated: January 26, 2022 RECOGNITION OF NATIONAL BIOTECHNOLOGY MONTH January 26, 2022 WHEREAS, South San Francisco is the biotech capital of the world with over 217 active biotechnology companies and over 10 million square feet of biotechnology space that continues to grow; and WHEREAS, biotechnology is increasingly important to the research and development of medical, agricultural, industrial, and environmental products; and WHEREAS, biotechnology has been responsible for breakthroughs and achievements which have benefited people for centuries and has contributed to increasing the lifespan of Americans by 25 years through the development of vaccines, antibiotics, and other drugs; and WHEREAS, biotechnology is central to research for cures to diseases such as cancer, diabetes, epilepsy, multiple sclerosis, heart and lung disease, Alzheimer’s disease, Acquired Immune Deficiency Syndrome (AIDS), and innumerable other medical ailments; and WHEREAS, biotechnology contributes to crop yields and farm productivity and enhances the quality, value, and suitability of crops for food and other uses which are critical to America’s agricultural system; and WHEREAS, biotechnology promises environmental benefits including protection of water quality, conservation of topsoil, improvement of waste management techniques, and reduction of chemical pesticide usage; and WHEREAS, biotechnology contributes to the success of the United States in international commerce and trade; and WHEREAS, it is important for all Americans to understand the role biotechnology contributes to their quality of life. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of South San Francisco do hereby proclaim January 2022, as National Biotechnology Month in South San Francisco. ________________________________ Mark Nagales, Mayor ________________________________ Buenaflor Nicolas, Vice Mayor ________________________________ Mark Addiego, Councilmember ________________________________ James Coleman, Councilmember ________________________________ Eddie Flores, Councilmember City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-41 Agenda Date:1/26/2022 Version:1 Item #:3. Presentation on the Cultures United Initiative (Maryjo Nunez, Lead for America Fellow; Tamiko Huey, Management Fellow; Ashley Crociani, Policy Analyst) City of South San Francisco Printed on 3/16/2022Page 1 of 1 powered by Legistar™ #CulturesUnited, #CulturasUnidas, #文化联合, #Nagkakaisa ang mga Kultura Overview Year-Long Campaign The City and SSF Community 2022, Launching in January Celebrate the Community Goals Pay Tribute and Celebrate 1 Educate 2 Build Relationships 3 Lasting Results 4 Marketing Materials and Posts Materials •Stickers •Lawn Signs •City Hall Banner •All City Newsletter •Cookbook Posts •Resident Spotlight •Sister City Posts •Cultural Perspectives Sample Sister City Post Sticker Post for Soliciting Submissions Sample Resident Spotlight Collaborations •Community round table •Expansion efforts •Taste of the World Festival Future Milestones Thank you! Questions? City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-58 Agenda Date:1/26/2022 Version:1 Item #:4. Motion to approve the Minutes for the meetings of December 8, 2021 and January 12, 2022. City of South San Francisco Printed on 3/16/2022Page 1 of 1 powered by Legistar™ CALL TO ORDER Mayor Nagales called the meeting to order at 6:00 p.m. ROLL CALL Councilmember Coleman, present in Council Chambers Councilmember Flores, present in Council Chambers Councilmember Addiego, present in Council Chambers Vice Mayor Nicolas, present in Council Chambers Mayor Nagales, present in Council Chambers PLEDGE OF ALLEGIANCE Mayor Nagales led the pledge. Mayor Nagales paused the regular City Council meeting at 6:01 p.m. and opened the Special Successor Agency meeting. Council reconveyed to the Regular City Council meeting at 6:02 p.m. AGENDA REVIEW City Manager Futrell requested Item 14 be heard after Consent Calendar. ANNOUNCEMENTS FROM STAFF Assistant to the City Manager Fernandez announced that the City of South San Francisco was partnering with Genentech to provide a free chartered bus that would take children (ages 5-11) along with their parents to the San Mateo County Event Center to receive their COVID-19 vaccine on Saturday, December 18, 2021, at 616 Linden Avenue. She advised that the first 100 kids would receive a free sports ball and a gift card. PUBLIC COMMENTS None. MINUTES REGULAR MEETING CITY COUNCIL CITY OF SOUTH SAN FRANCISCO WEDNESDAY, DECEMBER 8, 2021 6:00 p.m. Hybrid In-Person/Virtual Meeting Municipal Services Building, Council Chambers 33 Arroyo Drive, South San Francisco, CA City Council conducted this meeting in-person and remotely via the ZOOM virtual meeting platform in accordance with California Governor Newsom’s Executive Orders N-29-20 and N-63-20 and COVID-19 pandemic protocols. REGULAR CITY COUNCIL MEETING DECEMBER 8, 2021 MINUTES PAGE 2 COUNCIL COMMENTS Vice Mayor Nicolas hoped that 2022 would be a better year for everyone in terms of handling the COVID-19 pandemic. She thanked Amy Ferguson and Tamiko Huey for working with StarVista on a virtual tour regarding the available resources for mental health issues in the community. She thanked City Manager Futrell and staff for the support throughout the year and thanked each department individually for their hard work. She requested adjourning in memory of Alvin Oleta. Councilmember Coleman requested staff investigate the intersection between Arroyo Drive and Junipero Serra Boulevard as the intersection was very dangerous with cars traveling at speeds 50 miles per hour or higher and motorists leaving Arroyo Drive to make a left turn onto Junipero Serra Boulevard. He requested staff conduct a study to see whether there were ways to make that intersection safer. Councilmember Addiego mentioned that last night’s City Council Reorganization was his 27th reorganization and he enjoyed the Filipino cultural flair. He thought it was wonderful that the Mayor chose Congresswoman Jackie Speier to administer the Oath of Office. Councilmember Flores acknowledged staff and everyone that worked on the numerous events throughout the City. He shared that the city had been awarded a Safe Travel Fellowship Grant through the San Mateo County Office of Education. The program encouraged and enabled students to walk and bike to school by implementing new projects and activities to improve the health and get them to school and home safely while also addressing the issues of congestion during morning drop off and afternoon pickups. He recognized Tamiko Huey for working and getting the application together and Superintendent Dr. Morris, the Boys and Girls Club, Antigua, Amora and other local businesses to make it possible. Mayor Nagales thanked Councilmember Addiego for his speech at the new South San Francisco Police Station ribbon cutting ceremony. He thanked staff for making the City Council Reorganization a memorable event and celebrate a historic event where two Filipinos as Mayor and Vice Mayor, which had never happened before in the city. He mentioned staff was able to get preliminary data from PG&E regarding the power outages in the Westborough Area of the city. After comparing the data, staff determined that Westborough Area was higher compared to the San Mateo County outage average. He requested that City Manager Futrell invite PG&E Government Affairs representative, Bill Chang to come before the City Council and answer questions regarding the infrastructure in the city. CONSENT CALENDAR The Deputy City Clerk duly read the Consent Calendar, after which Council voted and engaged in discussion of specific item as follows. 1. Motion to approve the Minutes for the meetings of October 13, 2021, October 19, 2021, and October 26, 2021. 2. Report regarding Resolution No. 202-2021 authorizing the acceptance of $8,800 in grant funding from United Way Bay Area to support the Volunteer Income Tax Assistance Program at Project Read and amending the Library Department’s Fiscal Year 2021-2022 Operating Budget via Budget Amendment 22.029. (Valerie Sommer, Library Director) REGULAR CITY COUNCIL MEETING DECEMBER 8, 2021 MINUTES PAGE 3 3. Report regarding Resolution No. 203-2021 authorizing the acceptance of $35,000 in grant funding from the Silicon Valley Community Foundation to support Project Read’s Volunteer Income Tax Assistance and Financial Literacy Resource programs and amending the Library Department’s Fiscal Year 2021-2022 Operating Budget via Budget Amendment 22.030. (Valerie Sommer, Library Director) 4. Report regarding Resolution No. 204-2021 renaming the Community Learning Center as the Gene Mullin Community Learning Center in honor of Gene Mullin. (Valerie Sommer, Library Director) 5. Report regarding Resolution No. 205-2021 to Amend the Salary Schedule for the City of South San Francisco effective January 1, 2022. (Leah Lockhart, Human Resources Director) 6. Report regarding Resolution No. 206-2021 authorizing the acceptance of $19,950 in grant funding from the County of San Mateo to support COVID-19 outreach throughout South San Francisco and approving Budget Amendment 22.033. (Adam Elsholz, Assistant Library Director) 7. Report regarding Resolution No. 207-2021 authorizing the acceptance of $60,000 in federal Library Services and Technology Act grant funding from the California State Library to support “Community Connections”, a project that will fund health, education, and social services outreach in South San Francisco and approving Budget Amendment 22.032. (Adam Elsholz, Assistant Library Director) 8. Report regarding Resolution No. 208-2021 authorizing the adoption of the 2021 update to the San Mateo County Hazard Mitigation Plan and the South San Francisco Annex. (Emergency Services Manager, Ken Anderson) 9. Report Regarding Resolution No. 209-2021 to Extend the City Observance of the Christmas Eve Holiday from a Half Day to a Full Day for December 23, 2021. (Leah Lockhart, Human Resources Director) 10. Report recommending that the City Council reject all bids received for the Irish Town Green Rehabilitation Project (pk1806). (Joshua Richardson, Parks Manager and Greg Mediati, Deputy Director of Parks and Recreation) 11. Report regarding adoption of Resolution No. 210-2021 awarding a construction contract to Golden Bay Construction for the South Airport & Belle Aire Public Access Improvement. (Jason Hallare, Senior Civil Engineer) Item No. 4 – Councilmember Addiego acknowledged the legacy and how ahead of the time Gene Mullin was during his tenure as Assemblymember for the State of California. Mayor Nagales expressed how fortunate he was having Gene Mullin as his high school teacher and mayor and that he would force his class to go to City Council meetings. That was the spark and encouragement that led him where he is today. He shared one of the last things Gene Mullin told him was how much he loved South San Francisco and the people who lived there. REGULAR CITY COUNCIL MEETING DECEMBER 8, 2021 MINUTES PAGE 4 Councilmember Flores recognized the various groups starting from Vice Mayor Nicolas and Councilmember Addiego from the Renaming Committee, the School District for modifying the facilities naming policy. Item No. 7 – Councilmember Flores wanted to get more visibility of what the $60,000 for Community Connections would look like and would be tracked. He was excited about the resource desk as described in the staff report. He asked staff to provide additional information so the community can know what would be coming in terms of outreach to them. Adam Elsholz, Assistant Library Director advised part of the funds would be used to support the Community Promotores program that they had in place and are recruiting for. He added that the Grand Library classroom would also be offered to community organizations as a private space they can meet with their clients. Item No. 10 – Vice Mayor Nicolas inquired whether staff would meet the completion deadline of the project with the recommended rejection of the bids. Deputy Director of Parks and Recreation Mediati advised that staff had sufficient time completing the project with issuing the RFP again in January 2022 and believed they would also receive more competitive bids from vendors. Deputy City Clerk Rodriguez indicated one digital speaker card was received for Item No. 10: • Tom Carney, South San Francisco resident Motion — Councilmember Addiego /Second – Councilmember Coleman: To approve Consent Calendar Items 1 - 11, by roll call vote: AYES: Councilmembers Coleman, Flores, and Addiego, Vice Mayor Nicolas and Mayor Nagales; NAYS: None; ABSENT: None; ABSTAIN: None. ADMINISTRATIVE BUSINESS 14. Report regarding an update on the Mental Health Clinician and Community Wellness and Crisis Response Team Pilot Program (Mika Celli, Licensed Crisis Response Clinician, Amy Ferguson, Management Fellow, and Lieutenant Adam Plank, South San Francisco Police Department) Management Fellow Ferguson and Lieutenant Plank presented a PowerPoint presentation on Community Wellness and Crisis Response Team and introduced Mika Celli, Licensed Clinical Social Worker. Council thanked Ms. Celli for joining the team and wished her the best of luck. Deputy City Clerk Rodriguez indicated one virtual raised hand was received for Item No. 14: • Leslie Fong, South San Francisco resident PUBLIC HEARING 12. Report regarding Resolutions No. 211-2021 and 212-2021 consideration of applications for a General Plan Amendment, Downtown Station Area Specific Plan Amendment, Rezoning Map to Create a Planned Development District, Design Review, Transportation Demand Management Plan, and Affordable Housing Agreement proposal to allow a multi-family residential development consisting of 480 units on 124 Airport Boulevard and 100 Produce REGULAR CITY COUNCIL MEETING DECEMBER 8, 2021 MINUTES PAGE 5 Avenue, and associated California Environmental Quality Act Analysis. (Christopher Espiritu, Senior Planner and Tony Rozzi, Chief Planner) Interim Director of Economic and Community Development Selander and Chief Planner Rozzi presented the staff report. Bradley Karvasek, PS Business Parks and Scott Youdall, The Hanover Company presented a PowerPoint presentation to Council. Mr. Youdall stated the challenges striking a deal for additional labor commitment with the Carpenters Union which could add an additional cost to the project of $15,000,000-$20,000,000. Councilmember Addiego expressed concern this project was a “feel good policy” for all electric units. Vice Mayor Nicolas was hopeful that the project would be supplanting fossil fuel natural gases into clean energy. Mayor Nagales inquired about the preferred land use scenario. Chief Planner Rozzi stated the preferred land use scenario was being evaluated for CEQA and how staff was drafting their preliminary zoning documents for Council. He added that all of 2022 was going to be about community engagement and study sessions, with the Council, as they take the final third of the General Plan and bring it to life. Deputy City Clerk Rodriguez indicated the following digital speaker cards were received for Item No. 12: • Edward Evans, Carpenters Local Union 217 • Tom Carney, South San Francisco resident • Juan Espinoza, Carpenters Local Union 217 • Willard Cormier, Carpenters Local Union 22 • Ryan Gabriel, Carpenters Local Union 217 • Carter Keller, GigaGen • David Mauro, International Brotherhood of Electrical Workers • Robert Woodall, South San Francisco resident • Kyle Merellas, International Brotherhood of Electrical Workers Deputy City Clerk Rodriguez indicated the following virtual raised hands were received for Item No. 12: • Mario Luka, The Conco Companies • Leslie Fong, South San Francisco resident • Leora Tanjuatco Ross, Housing Leadership Council, San Mateo County • James Ruigomez, San Mateo County Building and Construction Trade Council • Danny Campbell, Sheet Metal Workers Local Union 104 Vice Mayor Nicolas inquired how much exposure the city had regarding Housing Accountability Act. City Attorney Woodruff stated this project required a General Plan amendment and rezoning as well as an amendment to an applicable specific plan. He added that those were all legislative actions of the City Council that the City Council were not required to take, none of the State housing laws that he mentioned compel the City Council to change the fundamental land use framework applicable to the site. He believed the City’s exposure was low in technical terms. If the project was not approved, he expected that the City would receive some inquiry from the Attorney General’s office. REGULAR CITY COUNCIL MEETING DECEMBER 8, 2021 MINUTES PAGE 6 Councilmember Coleman inquired about the increased cost of the project of $15,000,000 – $20,000,000 and asked what it specifically meant and where it goes to. Mr. Youdall advised a large percentage of that was for the difference in wages and benefits between what a non-union journey carpenter makes versus a union journeyman carpenter, subcontractor overhead and subcontractor profit. Councilmember Addiego stated the differential amount made it seem like the contractor was truly underpaying workers on the project. Mayor Nagales reiterated the importance of having reduced parking spots on projects near the Caltrain station as it added millions of dollars to the project. He queried whether there was a timeframe in terms if they were able to delay the project for continuing conversation between the union and contractor. City Attorney Woodruff stated that because of the General Plan amendment, specific plan amendment and zoning change that were required for this project, the time limits for the City Council to consider housing development projects do not apply. He stated that it would not run afoul of State law to continue the hearing for additional time to consider other options. Mayor Nagales asked The Hanover Company whether they would consider renegotiating with the union and consider amending the parking plan to fewer spots. Chief Planner Rozzi spoke about the parking question and advised that the structural design and requirements of the building necessitate all of the concrete, so you either lose an entire layer of parking and you go down to a single podium level, or you have two levels but there was no way to squeeze additional housing units. He added that it would be a redesign of the project. Chief Planner Rozzi stated that the City does not have a lot of skin in this particular project because it was privately owned and a private developer. City Attorney Woodruff noted that the City does not have the ability to waive the School District’s impact fees and probably cannot waive the sewer fees. Mr. Karvasek stated they had been working on this deal for a long time and heard that affordable housing was extremely important to the City and he had made concessions there and agreed to that. He added that the building is a tire building and was more than happy to leave it as is and continue to operate it as an office building for the foreseeable future. His preference was to have Council vote on the project tonight. 12a. Resolution No. 211-2021 adopting the Sustainable Communities Environmental Assessment consistent with the 2040 Plan Bay Area Environmental Impact Report in accordance with Section 21155.2 of the California Public Resources Code Motion - Councilmember Addiego / Second - Vice Mayor Nicolas: To approve Resolution No. 211 -2021, by roll call vote: AYES: Councilmembers Flores and Addiego, Vice Mayor Nicolas and Mayor Nagales; NAYS: Councilmember Coleman; ABSENT: None; ABSTAIN: None. 12b. Ordinance amending the South San Francisco Zoning Map (RZ18-0003) to create a Planned Development District to allow the construction of a multi-family residential development consisting of 480 units on parcels comprising 124 Airport Boulevard and 100 Produce Avenue Motion - Councilmember Addiego / Second - Vice Mayor Nicolas: To introduce an Ordinance, by roll call vote: AYES: Councilmembers Flores and Addiego, Vice Mayor Nicolas and Mayor Nagales; NAYS: Councilmember Coleman; ABSENT: None; ABSTAIN: None. REGULAR CITY COUNCIL MEETING DECEMBER 8, 2021 MINUTES PAGE 7 12c. Resolution No. 212-2021 approving a General Plan Amendment, Downtown Station Area Specific Plan Amendment, Rezoning Map to create a Planned Development District, Design Review, Transportation Demand Management Plan, and Affordable Housing Agreement proposal to allow a multi-family residential development consisting of 480 units on parcels comprising 124 Airport Boulevard and 100 Produce Avenue Motion - Vice Mayor Nicolas / Second – Councilmember Addiego: To approve Resolution No. 212-2021, by roll call vote: AYES: Councilmembers Flores and Addiego, Vice Mayor Nicolas and Mayor Nagales; NAYS: Councilmember Coleman; ABSENT: None; ABSTAIN: None. Meeting recessed: 8:48 p.m. Meeting resumed: 9:07 p.m. ADMINISTRATIVE BUSINESS 13. Report regarding Resolution No. 213-2021 approving a First Amendment to the Consulting Services Agreement with Wilsey Ham increasing the contract by $500,000 to an amount not to exceed $961,655 for the Harbor Master Spit Project (Project No. pf2002). (Matthew Ruble, Principal Engineer). Principal Engineer Ruble presented the staff report. Mayor Nagales inquired whether there had been any talks with the Harbor District in terms of the agreement amendment presented tonight. City Manager Futrell advised this was part of the discussions and negotiations in 2017 and 2018 which led to a new long-term operating agreement between the City and the Harbor District. At the time it was made clear that the Harbor District was responsible for basic maintenance, such as parking lots, landscaping, and restrooms. The long-term issue of sea level rise, as the owner of the land, the City was clearly designated as the entity that would deal with the long-term impacts of sea level rise. Councilmember Addiego inquired why the City was saving the Harbor Master building. City Manager Futrell advised they were saving it temporarily, the long-range plan would have it go away because of the sea level rise issues. Phase II would level the building and turn in into something nicer that the residents can enjoy. Motion — Councilmember Flores /Second – Councilmember Coleman: To approve Resolution No. 213-2021, by roll call vote: AYES: Councilmembers Coleman, Flores, and Addiego, Vice Mayor Nicolas and Mayor Nagales; NAYS: None; ABSENT: None; ABSTAIN: None. ITEMS FROM COUNCIL – COMMITTEE REPORTS AND ANNOUNCEMENTS Councilmember Addiego advised he would like, at some point, to get the community chest idea back out in the public to help residents that are down on their luck. There was currently $5,000 from the General Fund, but he was hoping that at some point other residents can contribute for the cause. Councilmember Coleman would like to adjourn the meeting in memory of Solomon Anselmo. REGULAR CITY COUNCIL MEETING DECEMBER 8, 2021 MINUTES PAGE 8 CLOSED SESSION Entered Closed Session: 9:20 p.m. 15. Conference with Legal Counsel - Existing Litigation (Pursuant to Government Code of Section 54956.9(d)(1)) Name of case: In re: National Prescription Opiate Litigation (United States District Court, Northern District of Ohio, Case No. 1:17-MD-2804) Resumed from Closed Session: 9:42 p.m. Report out of Closed Session by Mayor Nagales: Direction given. No reportable action. ADJOURNMENT Being no further business Mayor Nagales adjourned the meeting at 9:43 p.m. in memory of Alvin Oleta and Solomon Anselmo. Submitted by: Approved by: Gabriel Rodriguez Mark Nagales Deputy City Clerk Mayor Approved by the City Council: / / CALL TO ORDER Mayor Nagales called the meeting to order at 6:00 p.m. ROLL CALL Councilmember Addiego, present Councilmember Coleman, present Councilmember Flores, present Vice Mayor Nicolas, present Mayor Nagales, present PLEDGE OF ALLEGIANCE Mayor Nagales led the pledge. AGENDA REVIEW No changes. ANNOUNCEMENTS FROM STAFF Parks and Recreation Director Greg Mediati. PRESENTATIONS 1. Certificate congratulating City Clerk Govea Acosta for achieving her Master Municipal Clerk designation (MMC) from the International Institute of Municipal Clerks. (Mark Nagales, Mayor) Mayor Nagales read into the record a certificate congratulating City Clerk Govea Acosta for the designation of Master Municipal Clerk. City Clerk Govea Acosta thanked the Council for the recognition and noted that she is one of six City Clerks in San Mateo County to achieve this designation. 2. Presentation by the San Mateo County Transportation Authority on the San Mateo 101 Managed Lanes Project North of I-380 (Eunejune Kim, Public Works Director/City Engineer; Joe Hurley, San Mateo County Transportation Authority Director) MINUTES REGULAR MEETING CITY COUNCIL CITY OF SOUTH SAN FRANCISCO WEDNESDAY, JANUARY 12, 2022 6:00 p.m. Teleconference via Zoom The City Council may meet by teleconference, consistent with the Brown Act as amended by AB 361 (2021. Under the amended rules, the City will not provide a physical location for members of the public to participate in the teleconference meeting. REGULAR CITY COUNCIL MEETING JANUARY 12, 2022 MINUTES PAGE 2 Public Works Director Eunejune Kim presented the item and introduced San Mateo County Transportation Authority Director Joe Hurley, who provided an overview of the report. David Williams, Senior Project Manager at Mark Thomas, provided an overview of existing lanes. Vice Mayor Nicolas inquired about the direct benefit to South San Francisco and the impacts on the city's General Plan. Mr. Hurley provided an overview of the program's incentives and benefits to the community. Councilmember Coleman inquired about cost recovery and expressed his opposition to lane widening, encouraging the efficient use of funds. Mr. Hurley will provide the information to Council soon. Councilmember Flores requested clarification on outreach efforts. Mr. Hurley provided an overview of the bilingual outreach plan, including community outreach and input. Councilmember Addiego inquired about equity programs. Mr. Hurley provided an overview of the equity programs available. Mayor Nagales informed the community that he represented the city as a member of C/CAG and shared his knowledge of the program. The following individuals provided public comment: • Javi • Jennifer • Darryl Yip • Raayan • Ethan Mizzi • Davis Turner • Kelsey Banes – Peninsula for Everyone • Mike Dunham PUBLIC COMMENTS The following individuals provided public comment: • Esperanza Jacuinde – HIP Housing • Rod Palmquist – AFSCME COUNCIL COMMENTS Vice Mayor Nicolas thanked Katie Donner of the City Manager's office for her work during the holidays. She encouraged the community to get vaccinated and noted that appointments were available at Spruce Medical Center every Thursday and Friday from 9 a.m. to 5:00 p.m. She requested to adjourn the meeting in memory of Leonore Armanino, Leonora Reyes Esteban, Barbara Ababon Brennan, and Jose Guevarra. Councilmember Flores congratulated city staff for hosting the successful SSF Children's COVID19 Vaccine Clinic on December 18, 2021. He requested an Environmental Impact Report of the Irish Town Greens via Thursday memo for further discussion. City Manager Futrell will work with Parks and Recreation staff to provide the information to Council. He requested to adjourn the meeting in memory of retired San Francisco Fire Battalion Chief Frank Drago. REGULAR CITY COUNCIL MEETING JANUARY 12, 2022 MINUTES PAGE 3 Councilmember Addiego thanked staff for their work at Willow Gardens in the Sunshine Garden neighborhood. He encouraged the community to continue to get vaccinated and noted that 88% of residents have been vaccinated. Councilmember Coleman discussed traffic impacts, congestion, and air quality. He requested that staff explore a new freight truck and terminal as part of the city's General Master Plan. Mayor Nagales shared with the community that the city has partnered with San Mateo County and will launch mass testing at 616 Linden Avenue starting on Tuesday, January 18, 2022, from 8:00 a.m. to 12:00 p.m. and beginning on Monday, January 24, 2022, the site will be open from Monday to Friday. Residents can register at the county's website www.smcgov.org/testing. The mayor’s newsletter will include additional information. Homeowners in need of assistance can apply for assistance, up to $80k, through the State of California's Mortgage Relief Program. He requested staff monitor AB854 and provided information to Council via Thursday memo. He announced the city's new South San Francisco Police Chief, Scott Campbell. CONSENT CALENDAR The City Clerk duly read the Consent Calendar, after which Council voted and engaged in discussion of specific item as follows. 3. Motion to approve the Minutes for the meeting of October 27, 2021, November 2, 2021, November 10, 2021, November 23, 2021, November 30, 2021, December 1, 2021, and December 7, 2021. 4. Report regarding Resolution No. 01-2022 authorizing submittal of an application for the Department of Resources Recycling and Recovery funds allocated through the State of California in their fiscal year 2021-2022 budget in the amount of $16,899 to support beverage container recycling programs in South San Francisco and authorizing the City’s fiscal year 2021-2022 revenue budget adjustment upon receipt of funds pursuant to budget amendment 22.034. (Marissa Garren, Management Analyst I) 5. Report regarding Resolution No. 02-2022 approving the acceptance of grant funds from the Metropolitan Transportation Commission in the amount of $135,100 for conservation, fire mitigation and planning efforts in Sign Hill Park and amending the Parks and Recreation Department’s Fiscal Year 2021-22 Operating Budget pursuant to budget amendment #22.035. (Joshua Richardson, Parks Division Manager) 6. Report regarding Resolution No. 03-2022 authorizing the acceptance of $4,345 in funding from San Mateo County Registration and Elections Division to support a 30-Day Vote Center at the Main Library for the June 7, 2022, Statewide Direct Primary Election and approving Budget Amendment 22.036. (Valerie Sommer, Library Director) 7. Report regarding Resolution No. 04-2022 authorizing the filing of a grant application for Community Development Block Grant funds allocated through the City of Daly City to support Project Read and authorizing the Finance Director to adjust the FY2022 - 2023 Revenue Budget upon receipt of grant award. (Valerie Sommer, Library Director) 8. Report regarding Resolution No. 05-2022 authorizing the acceptance of $25,000 in grant funding from the Woodlawn Foundation to support the Community Learning Center ’s after-school homework program and amending the Library Department’s Fiscal Year 2021-2022 Operating Budget via Budget Amendment 22.037. (Valerie Sommer, Library Director) REGULAR CITY COUNCIL MEETING JANUARY 12, 2022 MINUTES PAGE 4 9. Report regarding Resolution No. 06-2022 to continue conducting City Council and advisory body meetings remotely due to health and safety concerns for the public and making related findings (Sky Woodruff, City Attorney) 10. Report regarding Ordinance No. 1629-2022 amending the South San Francisco Zoning Map (RZ18-0003) to create a Planned Development District to allow the construction of a multi-family residential development consisting of 480 units on parcels comprising 124 Airport Boulevard and 100 Produce Avenue. (Christopher Espiritu, Senior Planner and Tony Rozzi, Chief Planner) Motion — Councilmember Coleman /Second – Councilmember Flores: To approve Consent Calendar Items 3 - 10, by roll call vote: AYES: Councilmembers Addiego, Coleman, and Flores, Vice Mayor Nicolas, and Mayor Nagales; NAYS: None; ABSENT: None; ABSTAIN: None. PUBLIC HEARING Public hearing opened: 7:27 p.m. 11. Report regarding a Public Hearing to receive public comment and consider approval of Resolution No. 07-2022 amending the Program Year 2021-22 Annual Action Plan (Heather Ruiz, Management Analyst II) Management Analyst Ruiz presented the report and provided an overview of the program. Mayor Nagales provided feedback on the plan and suggested future use of the breezeway. Motion - Councilmember Nicolas / Second - Councilmember Coleman: To approve Resolution No. 07-2022 amending the City’s Community Development Block Grant (CDBG) Program Year 2021-22 Annual Action Plan (AAP) and approving Budget Amendment #22.038 to rollover $110,000 program revenue budget to PY 2021-22 and appropriate $110,000 in CDBG funds to incorporate the AAP amendment into the Program Year (PY) 2021-22 CDBG budget, by roll call vote: AYES: Councilmembers Addiego, Coleman, and Flores, Vice Mayor Nicolas and Mayor Nagales; NAYS: None; ABSENT: None; ABSTAIN: None. 12. Report regarding Resolution No. 08-2022 establishing maximum sewer service rates for Fiscal Years 2022-23 through 2027-28, amending the master fee schedule to include the sewer service rates. (Mike Futrell, City Manager, Janet Salisbury, Finance Director, Eunejune Kim, Public Works Director/City Engineer, and Brian Schumacker, Water Quality Control Plant Superintendent) Water Quality Control Plant Superintendent Brian Schumaker presented the report. Mayor Nagales thanked staff, noted that the proposed increase is needed for a new sewer system, and emphasized that the city's sewer rate is the 6th lowest in San Mateo County. The following individuals provided public comment: • Mina Richardson • Jennifer Public hearing opened: 7:52 p.m. Councilmember Addiego inquired about the operational cost of the treatment plant. Plant Superintendent Schumaker provided an overview of the costs. REGULAR CITY COUNCIL MEETING JANUARY 12, 2022 MINUTES PAGE 5 Councilmember Flores informed the community that the city offers a Low-Income Sewer Service Rebate Program and requested continued outreach for homeowners in need. City Manager Futrell indicated that the program is actively promoted and noted that few residents have enrolled. Residents are encouraged to contact the City Manager's office for more information at (650) 877-8502. Motion – Vice Mayor Nicolas / Second - Councilmember Flores: To approve Resolution 08-2022 establishing sewer service rates for fiscal years 2022-23 through 2027-2028, amending the master fee schedule to include the rates, by roll call vote: AYES: Councilmembers Addiego, Coleman, and Flores, Vice Mayor Nicolas, and Mayor Nagales; NAYS: None; ABSENT: None; ABSTAIN: None. ADMINISTRATIVE BUSINESS 13. Report regarding Resolution No. 09-2022 approving the Annual Impact Fee and Sewer Capacity Charge Report for Fiscal Year 2020-21. (Janet Salisbury, Director of Finance) Finance Director Janet Salisbury presented the report and provided an overview of the fee structure and fund allocation. Mayor Nagels requested clarification on the use of funds. City Manager Futrell indicated that the city must disclose fee balance and the use of funds toward ongoing projects. Motion – Councilmember Coleman / Second - Councilmember Flores: To approve Resolution 09-2022 approving the Annual Impact Fee and Sewer Capacity Charge Report for Fiscal Year 2020-21, by roll call vote: AYES: Councilmembers Addiego, Coleman, and Flores, Vice Mayor Nicolas, and Mayor Nagales; NAYS: None; ABSENT: None; ABSTAIN: None. 14. Report regarding a motion to accept the Sanitary Sewer Pump Station No. 2 Upgrade Project (Project No. ss1702) as complete per plans and specifications (Total Construction Cost $4,982,829). (Brian Schumacker, Water Quality Control Plant Superintendent/Proj ect Manager) Water Quality Control Plant Superintendent Brian Schumacker presented the report and provided an overview of the pump upgrades. Councilmember Addiego thanked Superintendent Schumacker for his work and dedication in improvements to the facility and encouraged Council to tour the plant. Motion – Councilmember Addiego / Second - Councilmember Coleman: To approve, by motion, the Sanitary Sewer Pump Station No. 2 Upgrade Project (Project No. ss1702) as complete per plans and specifications, by roll call vote: AYES: Councilmembers Addiego, Coleman, and Flores, Vice Mayor Nicolas, and Mayor Nagales; NAYS: None; ABSENT: None; ABSTAIN: None. ITEMS FROM COUNCIL – COMMITTEE REPORTS AND ANNOUNCEMENTS 15. Consideration of appointments to the City/County Association of Governments of San Mateo County (C/CAG) committees. Appointments will be considered at the January 13, 2022, C/CAG Board meeting. (Mark Nagales, Mayor) Mayor Nagales discussed the candidate’s seeking appointment to the Bicycle and Pedestrian Advisory Committee (BPAC), Resource Management and Climate Protection Committee (RMCP), and Congestion Management and Environmental Quality Committee (CMEQ) through the City/County Association of Governments (C/CAG) of San Mateo County Board of Directors. REGULAR CITY COUNCIL MEETING JANUARY 12, 2022 MINUTES PAGE 6 A consensus of the Council to support the appointment of Councilmember Sue Beckmeyer from the City of Pacifica to the Resource Management and Climate Protection (RMCP) Committee and the appointment of Vice Mayor Nicolas to the C/CAG Bicycle and Pedestrian Advisory Committee (BPAC) - Mayor Nagales will participate in the meeting as a voting member. Motion – Councilmember Flores / Second - Councilmember Nicolas: To support, by motion, the appointment of Councilmember Sue Beckmeyer and Vice Mayor Nicolas, by roll call vote: AYES: Councilmembers Addiego, Coleman, and Flores, Vice Mayor Nicolas, and Mayor Nagales; NAYS: None; ABSENT: None; ABSTAIN: None. ADJOURNMENT Being no further business Mayor Nagales adjourned the meeting at 8:15 p.m. in memory of Leonore Armanino, Leonora Reyes Esteban, Barbara Ababon Brennan, Jose Guevarra, and Frank Drago. Submitted by: Approved by: Rosa Govea Acosta, MMC, CPMC Mark Nagales City Clerk Mayor Approved by the City Council: / / City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-801 Agenda Date:1/26/2022 Version:1 Item #:5. Report regarding a resolution amending an existing services agreement with Bigbelly Solar,LLC by an amount of $120,000 for a total not to exceed amount of $270,000 for the lease,software,and installation of ten (10) additional dual-stream trash and recycling receptacles for the South San Francisco downtown,with a term end date of November 3, 2025.(Marissa Garren, Management Analyst I) RECOMMENDATION It is recommended that the City Council adopt a resolution amending the services agreement with Bigbelly Solar,LLC by an amount of $120,000 for a total not to exceed amount of $270,000 for the lease, software,and installation of ten (10)additional dual-stream trash and recycling receptacles for the South San Francisco downtown, with a term end date of November 3, 2025. BACKGROUND/DISCUSSION In September 2020,the City entered into a services agreement with BigBelly,LLC (“Bigbelly”)for the lease, software,and installation of ten (10)solar-powered,self-compacting,dual-stream receptacles for the South San Francisco downtown area.Installation of these ten units was completed in November 2020 and has been a successful operation due to its self-compacting ability to accept a higher capacity of trash and recycling waste. The addition of these units to the downtown area aligns with the City’s waste reduction commitment,actively responds to the recycling requirements of reducing plastics pollution and solid waste and positions the City as an innovative leader in the effort against waste challenges.These units have worked efficiently for the public, SSF Scavenger collection staff, and city maintenance staff. The installation of ten additional Bigbelly units is intended to prevent litter from overflowing receptacles,in addition to improving trash and recycling collection operations within the high-traffic areas of the South San Francisco downtown. Since their installation in 2020, the Bigbelly units have met the following objectives: ·Litter reduction -The units are visible and clearly labeled,which encourages proper disposal for both regular landfill trash and recycling. ·Public-health concerns -Units include a hands-free foot pedal,so users never have to touch the receptacle when disposing trash or recycling items. ·Sustainability impact -These units provide needed opportunities for smart sorting for pedestrians in the downtown.Increasing these recycling opportunities and reducing waste throughout the community are actions identified in both the City’s Climate Action Plan and Strategic Plan. ·Advertising of City’s clean initiatives -Two panels on each of the Bigbelly units allow for advertising. Since the installation of the ten existing units,the City has used these spaces to market the City’s Clean SSF logo and message. ·Maintenance -The Bigbelly units include dual compactors (one for landfill waste and the other for recycling).These dual compactors communicate via SMS to a cloud-based web application called CLEAN,which captures real-time data on bin capacity,operational status,and waste diversion.This City of South San Francisco Printed on 2/17/2022Page 1 of 2 powered by Legistar™ File #:21-801 Agenda Date:1/26/2022 Version:1 Item #:5. CLEAN,which captures real-time data on bin capacity,operational status,and waste diversion.This provides city maintenance staff with the management tools needed for efficient route scheduling and collection.The Bigbelly units require no collection service by city staff,whereas the previous trash cans were serviced daily.SSF Scavenger collects trash and recycling waste from these units on average twice per week. ·Aesthetic improvement -Staff has received positive feedback regarding the sleeker and more modern design these units bring. RELATIONSHIP TO STRATEGIC PLAN The installation of ten additional solar-powered Bigbelly units supports Priority Area 3:Quality of Life of the South San Francisco Strategic Plan by building and maintaining a sustainable city with healthy environmental sustainability programs.It also ties into Priority Area 6:Community Connections by communicating city sustainability messages and initiatives on the side panels of these units, such as helping “keep our city clean”. FISCAL IMPACT Parking District funding in the amount of $50,000 was approved in the City’s annual operating budget for Fiscal Year 2021-22.Staff has also applied for $16,899 in funding from CalRecycle’s Beverage Container Recycling City/County Payment Program for Fiscal Year 2021-22.If approved,this funding will be applied toward these units.Remaining funding needed toward these ten new units will be paid from the City’s Parking District as they will also be placed within the district. CONCLUSION Staff recommends that the City Council adopt a resolution amending the services agreement with Bigbelly, LLC by an amount of $120,000 for a total not to exceed amount of $270,000 with a term end date of November 3, 2025. Attachments: 1)Bigbelly locations - Current and Proposed Additional City of South San Francisco Printed on 2/17/2022Page 2 of 2 powered by Legistar™ 1 2 3 4 5 6 7 8 9 10 2 83 6 5 4 7 1 Current Locations 1.Grand Ave. & Spruce Ave. (southwest corner) 2.Grand Ave.&Walnut Ave.(across from Grand Library) 3.City Hall parking lot 4.309 Maple Ave. (City Hall Park) 5.Grand Ave. & Maple Ave. (northwest corner) 6.352 Grand Ave.(near breezeway) 7.321 Grand Ave. 8.Grand Ave.&Linden Ave.(southwest corner) 9.Grand Ave. & Cypress Ave. (southeast corner) 10.Grand Ave.&Airport Blvd.(in front of Peet’s Coffee) Proposed Additional Locations Downtown Area 1.417 Grand Ave. (across from City Hall) 2.387 Grand Ave. 3.324 Grand Ave. 4.507 Linden Ave. 5.Linden Ave.&Baden Ave.(northwest corner) 6.Linden Ave. in front of parking lot #16 (between 7th Lane & Pine Ave.) 7.322 Linden Ave.(US Post Office) 8.230 Grand Ave. Brentwood Area (see following page) 9.Kenwood Dr. (between Smart & Final and Goodwill) 10.124 Hazelwood Dr. Brentwood Area 9. Kenwood Dr. (between Smart & Final and Goodwill) 10. 124 Hazelwood Dr. 9 10 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-802 Agenda Date:1/26/2022 Version:1 Item #:5a. Resolution amending an existing services agreement with Bigbelly Solar, LLC by an amount of $120,000 for a total not to exceed amount of $270,000 for the lease, software, and installation of ten (10) additional dual- stream trash and recycling receptacles for the South San Francisco downtown, with a term end date of November 3, 2025 WHEREAS,the City currently is a party to a Connect Services Agreement with Bigbelly Solar,LLC (“Bigbelly)pursuant to which the City leases and maintains ten (10)Bigbelly trash and recycling receptacles in the South San Francisco downtown area; and WHEREAS,these receptacles have been effective for all users,waste collection staff,and city maintenance staff; and WHEREAS,the lease and installation of ten (10)additional Bigbelly receptacles has the potential to further improve aesthetics,pest control,litter reduction,public education,recycling opportunities,and economic development; and WHEREAS,staff recommends that the City amends the existing services agreement with Bigbelly Solar,LLC for the lease,software,and installation of ten additional trash and recycling receptables for the South San Francisco downtown area. NOW,THEREFORE,BE IT RESOLVED,by the City Council of the City of South San Francisco that the City Council hereby approves a First Amendment to a connecting services agreement with Bigbelly Solar,LLC in an amount not to exceed $270,000,conditioned on Bigbelly’s timely execution of the amendment,attached herewith as Exhibit A and incorporated herein,and submission of all required documents,including but not limited to, certificates of insurance and endorsements, in accordance with the contract requirements. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the First Amendment to the connecting services agreement with Bigbelly Solar,LLC in substantially the same form as Exhibit A on behalf of the City upon timely submission by Bigbelly Solar,LLC the signed agreements and all other documents, subject to approval as to form by the City Attorney. BE IT FURTHER RESOLVED that the City Council authorizes the City Manager to take any other related City of South San Francisco Printed on 3/16/2022Page 1 of 2 powered by Legistar™ File #:21-802 Agenda Date:1/26/2022 Version:1 Item #:5a. actions consistent with the intention of this resolution. ***** City of South San Francisco Printed on 3/16/2022Page 2 of 2 powered by Legistar™ FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND BIGBELLY SOLAR, LLC THIS FIRST AMENDMENT TO THE SERVICES AGREEMENT is made at South San Francisco, California, as of _________ by and between THE CITY OF SOUTH SAN FRANCISCO (“City”), a municipal corporation, and Bigbelly Solar, LLC (“Contractor”), (sometimes referred together as the “Parties”) who agree as follows: RECITALS A. On September 10, 2020, City and Contractor entered that certain Services Agreement (“Agreement”) whereby Contractor agreed to supply ten (10) solar-powered dual stream receptacles, along with software and installation. 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.Compensation. Section 3.0 of the Agreement shall be amended s uch that the City agrees to pay Contractor a sum not to exceed $270,000, with the understanding that up to $43,591.69 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. 3. 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] EXHIBIT A Dated: CITY OF SOUTH SAN FRANCISCO BIGBELLY SOLAR, LLC By: By: Mike Futrell, City Manager Approved as to Form: By: City Attorney 1 FIRST AMENDMENT TO CONNECT SERVICES AGREEMENT Reference: Bigbelly Connect Services Agreement No. 10187 by and between the City of South San Francisco, California and Big Belly Solar, LLC dated as of September 10, 2020 (the “Agreement”). THIS FIRST AMENDMENT to the above-referenced Agreement (the “First Amendment”) is entered into effective as of _______________ (the “First Amendment Effective Date”) by and between the City of South San Francisco, California (the “Customer”) and Big Belly Solar, LLC, a Delaware limited liability company, assignee of Big Belly Solar, Inc. (“Bigbelly”). Capitalized terms not otherwise defined herein shall have the meaning given to them in the Agreement. WHEREAS, Bigbelly and Customer are parties to the above-referenced Agreement pursuant to which the Customer is presently leasing (a) for a sixty (60) month Term that expires on November 3, 2025, the following Bigbelly Smart Waste Systems: ten (10) HC5/HC5 Double Stations, all with Bar-Style Lift Bins, Message Panels, HC Foot Pedals, and Partial Wraps (Front Door Stickers) (the “Existing Equipment”); and WHEREAS, Customer desires to lease, for a sixty (60) month Term, ten (10) HC5/HC5 Double Stations, all with Bar-Style Lift Bins, Message Panels, HC Foot Pedals, and Partial Wraps (Front Door Stickers) (the “Additional Equipment”). NOW, THEREFORE, for good and valuable consideration, intending to be legally bound, Bigbelly and Customer agree as follows: 1.As of the First Amendment Effective Date, the Equipment/Hardware Configuration table set forth in the Connect Service Schedule on the first page of the Agreement is amended by adding the Additional Equipment identified below and the related Connect Services Fees and One-Time Fees for the Additional Equipment: Additional Equipment/Hardware Configuration: Qty. 10 HC5/HC5 Double Stations with Bar-Style Lift Bins, Message Panels, HC Foot Pedals, and Partial Wraps (Front Door Stickers) Additional Equipment Connect Services Fees: Total Monthly System Cost $2,448.00 Additional Equipment One-Time Fees: Shipping Charges $6,470.00 Existing Equipment Connect Services Fees: Total Monthly System Cost $2,448.00 Existing and Additional Equipment Total Aggregate Monthly System Cost $4,896.00 2.The Initial Term of the Agreement with respect to the Additional Equipment shall be co-terminus with the Existing Equipment, commencing upon the delivery of the Additional Equipment, as the same may be extended or renewed pursuant to the terms and conditions of the Agreement. The Initial Term with respect to the Existing Equipment remains as stated in the Agreement and is unchanged by this First Amendment. 4.Except as modified by this First Amendment, the Agreement remains unmodified and in full force and effect. Signatures on the following page. EXHIBIT B 2 IN WITNESS WHEREOF, the parties have caused this First Amendment to the Agreement to be executed as of the First Amendment Effective Date. Customer: CITY OF SOUTH SAN BIG BELLY SOLAR, LLC FRANCISCO, CALIFORNIA By: By: Name: Name: Title: Title: Date: Date: CONNECT SERVICES AGREEMENT  Connect by Bigbelly Service Agreement CSA20160216 Page 1 13 Agreement No. 10187 CUSTOMER Full Legal Name: City of South San Francisco, CA Legal Contact: Emma Soichet/Claire Lai Billing Address: Billing Contact: Louis Langi Billing Phone: (650) 877-8550 Billing Email: Louis.langi@ssf.net Sales Tax Status: Exempt (Attach Certificate) TIN or FEIN: 946000435 Non-Exempt Insurance: Self-Insured Insurance Certificate Attached Shipping Address: 550 North Canal Street South San Francisco, CA 94080 Shipping Contact: Louis Langi Shipping Phone: (650) 877-8554 Shipping Email: Louis.langi@ssf.net Connect Service Schedule System Software Automated System Monitoring ƒCLEAN Management Console Licenses for Full Term ƒCLEAN Mobile Software Licenses for Full Term ƒAutomated System Diagnostics and Alerts Equipment/Hardware Cleaning and Inspection ƒCustom Configuration as Detailed Below ƒAnnual Comprehensive Station Cleaning ƒAnnual 21-Point Station Inspection Station Installation Warranty ƒOn-Site Installation for Stations ƒHardware Parts Warranty for Full Term (includes battery) Setup and Training Customer Support ƒCLEAN Management Console Software Account Setup ƒSystem Training & Onboarding ƒCustomer Support Hotline and Trained Field Service Professionals Equipment/Hardware Configuration 10 HC5/HC5 Double Stations with Lift Bins, Message Panels, Foot Pedals, and Partial Wraps (Front Door Stickers) Service Fee: Total Monthly System Cost $2,448.00 Shipping: One Time Fee $3,120.00 This Service Agreement (the “Agreement”), made and entered into as of September 10, 2020 (the “Effective Date”), by and between the City of South San Francisco (“Customer”) and Big Belly Solar, LLC (“Bigbelly”) a Delaware corporation located at 150 A Street, Suite 103, Needham, MA 02494, and incorporates herein by reference the attached Terms and Conditions. Bigbelly and Customer shall each be referred to herein as a “Party” and collectively as the “Parties”. The initial term of this agreement shall be 60 Months (the “Initial Term”). The payment terms of this Agreement are monthly in arrears (“Payment Terms”). This Agreement may be executed in counterparts, each of which shall be an original, but which together shall constitute one                              Connect by Bigbelly Service Agreement CSA2019 Page 2 | 13 instrument. Intending to be legally bound, each of the parties has caused this Agreement to be executed by its duly authorized representative as of the date set forth above. CITY OF SOUTH SAN FRANCISCO (CUSTOMER) BIG BELLY SOLAR, LLC By: ______________________________________________ By: _________________________________ Printed Name: Mike Futrell Printed Name: Jeff Wakely Title: City Manager Title: Chief Financial Officer Date: ____________________________________________ Date: _______________________________                         !$ !!$!"  !! !$!" !%      #  ! !$           Connect by Bigbelly Service Agreement CSA2019 Page 3 | 13 CONNECT SERVICE TERMS AND CONDITIONS For purposes of this Attachment A, the ‘Agreement’ shall mean the Connect Service Agreement signed by the parties. The meaning of capitalized and undefined terms appearing in these Terms and Conditions shall be as set forth in the Agreement unless otherwise indicated herein. 1.0Definitions 1.1Service. The term “Service” means Connect by Bigbelly, including software, equipment, equipment delivery, installation, customer service and equipment maintenance, warranty for defective part replacement and repair, set up and training and any other features, products or services provided as part of and included under the terms of this Agreement. 1.2Equipment. The term “Equipment” means station hardware and accessories provided by Bigbelly to Customer for use with the Service. 1.3Software. The term “Software” refers to CLEAN cloud-based software for use with mobile or desktop devices intended for use by Customer with the Service. 2.0Term of Agreement 2.1Term. The Term of this Agreement will commence on the date that all Equipment ordered pursuant to this Agreement has been delivered to the Customer and received at Customer’s receiving location. Upon expiration of the Term, and unless terminated according to Section 6.7 below, Customer shall have the right to renwew the Term of this Agreement. As used herein, “Term” shall mean the Initial Term and any applicable Renewal Terms. Except to the extent otherwise provided herein, the Term is non-cancelable. 2.2Notice of Renewal. Customer must provide written notice of renewal to Bigbelly at least three (3) months prior to the expiration of the then-current Term. 3.0Fees Payable by Customer 3.1Fees. In compensation for the Service described in this Agreement, Customer agrees to pay the Service Fee specified in the Service Schedule set forth at page 1 of this Agreement, and any fees payable for additional customization and/or services. Bigbelly shall submit invoices to Customer during the Term of this Agreement per the Payment Terms outlined in the Service Schedule and Customer shall pay each invoice on the date due. All payments shall be made by check or, at Customer’s option, may be automatically deposited to the account of Bigbelly as authorized by Customer by means of Customer submitting a signed Pre-authorization Payment Form (“PAF”) identical to the PAF attached hereto as Attachment B. Any failure by Bigbelly to provide an invoice in a timely manner shall not affect Customer’s obligation to make payments. Whenever any sum due hereunder is not paid when due, Customer agrees to pay to Bigbelly, on the next due date, a late charge equal to five percent (5%) of the amount of such late payment (but not less than $10.00), but only to the extent permitted by law. Late payments shall be subject to interest at the rate of eighteen percent (18%) per annum. 3.2Service Fee Prices. Service Fee Prices are guaranteed for the first twenty-four (24) months of Service. Thereafter, Service Fee Prices shall not increase over the amounts charged for the immediately preceding Term by more than the rate of inflation as reflected by the Consumer Price Index – Urban for all US Cities, unadjusted (“CPI-U”). Bigbelly will provide Customer at least 120 days prior notice of a price change. 4.0Obligations of the Parties 4.1Bigbelly’s Obligations (A)Equipment. Bigbelly will supply the Equipment identified in the Service Schedule on a rental basis to Customer for the Term of the Agreement. Unless otherwise agreed upon by the parties in writing, the Equipment will be new. (B)System Software. The CLEAN Software License Agreement includes communication services and access to the CLEAN Management Console and CLEAN Mobile. Customer’s use of the Software is subject to the CLEAN™ Software License Agreement. (C)Equipment Delivery. Bigbelly will deliver the Equipment at Customer’s expense to Customer’s receiving dock or to a location mutually agreed upon by the parties before the shipment. Bigbelly hereby warrants that its Equipment is:                              Connect by Bigbelly Service Agreement CSA2019 Page 4 | 13 (a)good and merchantable, (b) free from defects and malfunctions, (c) free of liens, security interests or other encumbrances, (d) complies with all applicable laws, rules, regulations, and orders, and (e) is fit for the purpose for which the Equipment is intended. (D)Station Installation. Bigbelly Equipment will be installed, by Bigbelly at no additional expense to Customer, at mutually agreed upon locations, including semi-permanent attachment to the ground. Installation will be in accordance with the delivery and installation schedule agreed to by the parties. (E)Setup and Training. Bigbelly shall, at its expense, provide Customer Equipment and Software setup and training. The parties shall agree upon the location and method of training. (F)Warranty - Defective Part Replacement and Repair. Replacement parts required due to manufacturer defects or workmanship will be provided by Bigbelly at no cost to Customer. All other repairs and part replacements, including but not limited to, repairs or replacements required as a result of external trauma or damage (including but not limited to vehicle strikes or vandalism) are specifically excluded and must be repaired or replaced at Customer’s expense. Custom add-ons including vinyl wraps purchased by Customer are not covered by this warranty and repair and replacement shall be at Customer’s expense, unless the damage is caused by Bigbelly or its employees, subcontractors or representatives, in which case any repair or replacement will be at Bigbelly’s expense. (G)Customer Support and Equipment Maintenance. Except for losses described in Section 5.2 below, Bigbelly will support the Customer in the maintenance of the Equipment at its sole discretion and expense in order to optimize up time. Technical Customer Support is available Monday through Friday, 7am to 6 pm EST to guide Customer in troubleshooting, repair and replacement efforts and to assist with parts ordering. In addition, Bigbelly maintains a network of trained Field Service professionals available for dispatch upon Customer request to investigate and resolve issues in the field. Equipment batteries will be provided at no cost to Customer during the Term of the Agreement at Bigbelly’s discretion, but no less frequently than necessary for the normal operation of the Equipment. If station operating conditions change such that insufficient sunlight is available for normal station operations (for example, Customer moves station into storage and fails to switch off station or places station under awning), and as a result the equipment battery fails prematurely, battery will be replaced at Customer expense. (H)Removal. Upon termination, Bigbelly will de-install and remove the Equipment at Customer’s expense (not to exceed a total cost of $3,120). Equipment so removed shall be in operational condition and free of any damage for which Customer is responsible pursuant to Section 5.2 below. (I)Subcontractor Services. Bigbelly may contract with third parties to provide the Service. If Bigbelly subcontracts any performance of this Agreement to a third party or third parties, Bigbelly shall be responsible for ensuring that the third party or third parties complies/comply with the terms of this Agreement. (J)Insurance. Prior to beginning the Connect Services and continuing throughout the Term of this Agreement, Bigbelly (and any subcontractors) shall, at Bigbelly’s (or subcontractor’s) sole cost and expense, furnish Customer with certificates of insurance evidencing that Bigbelly (or its subcontractor) has obtained and maintains insurance in the following amounts: A. Workers’ Compensation, if applicable, 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 Bigbelly, 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.                              Connect by Bigbelly Service Agreement CSA2019 Page 5 | 13 (K)Compliance with Law and Non-Discrimination. Bigbelly shall comply with all applicable local, state and federal laws, regulations and ordinances in the performance of this Agreement. Bigbelly shall not discriminate in the provision of service or in the employment of persons engaged in the performance of this Agreement on account of race, color, national origin, ancestry, religion, gender, marital status, sexual orientation, age, physical or mental disability in violation of any applicable local, state or federal laws or regulations. (L)Taxes. Bigbelly is solely responsible for the payment of employment taxes related to its employees incurred under this Agreement and any similar federal or state taxes. To be exempt from tax withholding, Bigbelly must provide Customer with a valid California Franchise Tax Board form 590 (“Form 590”), as may be amended, and such Form 590 shall be attached hereto and incorporated herein as an exhibit. Unless Bigbelly provides City with a valid Form 590 or other valid, written evidence of an exemption or waiver from withholding, City may withhold California taxes from payments to Bigbelly as required by law. Bigbelly shall obtain, and maintain on file for three (3) years after the termination of this Agreement, Form 590s (or other written evidence of exemptions or waivers) from all subcontractors. Bigbelly accepts sole responsibility for withholding taxes from any non-California resident subcontractor and shall submit written documentation of compliance with Bigbelly’s withholding duty to City upon request. (M)Prevailing Wages. Where applicable, the wages to be paid for a day's work to all classes of laborers, workmen, or mechanics on the work contemplated by this Agreement, shall be not less than the prevailing rate for a day’s work in the same trade or occupation in the locality where the work will be performed, as determined by the Director of Industrial Relations pursuant to the Director’s authority under California Labor Code Section 1770, et seq. Bigbelly shall be responsible for ensuring that it, or any subcontractor working for it, complies with California state prevailing wage law governing public works projects, to the extent applicable. 4.2Customer’s Obligations (A)Customer Information & Access. Customer agrees that Bigbelly’s ability to perform the Service under the Agreement in a timely manner is dependent upon access to Customer’s installation information and locations. Deadlines imposed by this Agreement shall be extended in the event that Customer fails to provide such information and/or access in a timely manner. (B)Shipping. Customer agrees to pay for shipping expenses and to provide an appropriate facility that can receive, inspect and stage all Bigbelly Equipment until the Equipment is installed. (C)Site Preparation. Customer agrees to provide a poured concrete pad if the intended installation surface does not meet Bigbelly specifications (such specifications to be provided by Bigbelly to Customer not less than 30 days in advance of the anticipated shipping date). If Customer’s installation surface does not meet such specifications, any additional cost associated with Bigbelly’s efforts to properly prepare the surface will be at Customer’s expense. It is the Customer’s responsibility to remove, at Customer’s expense, existing bins or any other items from the locations where Bigbelly stations will be installed. (D)Operational Safety. Customer agrees to provide immediate notice to Bigbelly with respect to any damage or other event which causes the Equipment to pose a public safety issue or create unsafe operating conditions and Customer shall take prompt action if necessary, to eliminate such public or operator safety issues. Customer will promptly attempt to service or remove from service any Equipment that Customer has identified as causing a public safety issue or creating unsafe operating conditions. If after applying best effort, Customer cannot resolve the issue, Customer will contact Bigbelly Customer Service and Bigbelly will resolve the issue at Bigbelly’s expense, unless unsafe operating condition is due to losses described in Section 5.2. (E)Automated System Monitoring & Customer Support Escalation - Customer will respond to routine maintenance and repair issues they observe or are notified of via automated CLEAN alerts. Customer will use best efforts to promptly resolve issues and may contact Bigbelly Customer Service to receive troubleshooting assistance and instructions for proper repair. If a replacement part is needed to resolve the issue, Customer will contact Bigbelly Customer Service to request a part(s). If Customer best efforts do not resolve the issue, Customer should contact Bigbelly Customer Service. If Bigbelly Field Service is dispatched and Bigbelly determines the issue is due to failure of Customer to provide best effort, to Customer error, or to damage as described in Section 5.2 below, Bigbelly                              Connect by Bigbelly Service Agreement CSA2019 Page 6 | 13 reserves the right to bill Customer for incurred expense. Furthermore, if a replacement part is provided and Bigbelly determines that the original part failed due to misuse or abuse, Customer is responsible for replacement cost per Section 5.2 below. (F)Cleaning & Inspection – Up to five (5) cleaning and inspection visits from Bigbelly are included during the Term of this Agreement. One cleaning and inspection visit per every 12-month period shall be made available upon request at no cost to Customer. Customer will use best efforts to maintain general cleanliness of Equipment throughout the contract Term. If, after applying best effort to maintain Equipment cleanliness, Customer finds equipment needs an additional cleaning and inspection visit, Customer may contact Bigbelly Customer Support to request a cleaning and inspection visit. Additional cleaning and inspection visits that are not included in the terms of this Agreement will be at Customer’s expense. (G)Insurance. This Section 4.2(G) shall not be applicable if Customer has provided evidence of self-insurance acceptable to Bigbelly and maintains such self-insurance in full force and effect. During the Term of this Agreement, Customer will keep the Equipment insured against all risks of loss or damage in an amount not less than the replacement cost thereof, with deductible not to exceed $15,000.00 and without co-insurance. Customer will also maintain for the Term of this Agreement, commercial general liability insurance covering both bodily injury and property damage of at least $1,000,000 per occurrence/$2,000,000 annual aggregate. Bigbelly and its assigns will be named as loss payee on the Property insurance and additional insured on General Liability insurance. Customer will pay all premiums for such insurance and must deliver proof of insurance coverage satisfactory to Bigbelly. If Customer does not provide such insurance, it agrees that Bigbelly has the right, but not the obligation, to obtain insurance against theft and physical damage and add an insurance fee to the amount due from Customer. (H)Equipment Relocation. Within five (5) business days following relocation of any Equipment, Customer shall notify Bigbelly in writing of the specific location of such Equipment. 5.0Equipment Rental Terms and Conditions 5.1Title To and Use of Equipment (A)Title. As further set forth in Section 6.4 below, Bigbelly is and will at all times be the sole owner of the Equipment. Customer shall not acquire any title or interest, legal or equitable, in the Equipment, other than the use rights set forth in this Agreement. In the event this Agreement is deemed to be disguised sale, Customer hereby grants to Bigbelly a security interest in the Equipment (and all accessions thereto and substitutions therefore) and the proceeds thereof. (B)Use of Equipment. Customer shall not use the Equipment for other than intended purposes. Customer shall ensure safe operation of the Equipment by trained personnel. Customer shall comply with all Bigbelly and governmental guidelines, laws, rules, regulations and ordinances applicable to the use and operation of the Equipment. (C)No Pledge. Customer shall not pledge, lend, create a security interest in or permit any lien to attach to the Equipment or any part thereof or attempt in any other manner to dispose the Equipment. (D)No Attachments. Customer represents and warrants that the Equipment is, and shall at all times remain, fully removable personal property notwithstanding any affixation or attachment to real property or improvements. Customer shall give Bigbelly immediate notice of any such attachment or other judicial process affecting the Equipment and shall immediately take all action necessary to remove such attachment and terminate the effect of such judicial process on the Equipment. (E)Equipment Inspection Rights. Bigbelly and its agents shall have the right to enter any premises where Equipment is located to inspect such Equipment at any time with reasonable advance written notice to Customer. 5.2Risk of Loss. From the time of delivery of Equipment by Bigbelly to Customer until the Equipment is removed by Bigbelly, Customer will bear the entire risk of whole or partial loss, theft, destruction or damage to the Equipment resulting from any causes other than Bigbelly’s or its employees’ or contractors’ agents’ actions or omissions with respect to the Equipment or defects, flaws or malfunctions in the Equipment, or requisition of the Equipment by any governmental entity, or expropriation or the taking of the Equipment by eminent domain or otherwise (collectively, “Loss”). Customer will give Bigbelly written notice within 10 days of any Loss (“Loss Notice”). If any Equipment is damaged and can be economically repaired, Bigbelly will promptly repair such Equipment to good working order and condition and Customer agrees to immediately pay, on                              Connect by Bigbelly Service Agreement CSA2019 Page 7 | 13 demand, all costs and expenses incurred by Bigbelly in connection therewith. If any Equipment is damaged and cannot be economically repaired, Bigbelly will promptly replace such Equipment and Customer agrees to immediately pay Bigbelly, on demand, the replacement cost of such Equipment and all costs and expenses incurred by Bigbelly in connection with such replacement. Subject to Bigbelly’s obligations under this Section 5.2, this Agreement shall remain in full force and effect notwithstanding any Loss. 6.0General Terms and Conditions 6.1Taxes and Other Charges. Except for any tax covered by Section 4.1(L) of this Agreement, Customer is responsible for all taxes (including sales, use and personal property tax), fees, and assessments (collectively, “Taxes”) that may be imposed by any governmental entity or taxing authority in connection with this Agreement or the Equipment or any amount due hereunder. Customer will reimburse Bigbelly (or pay directly to the applicable taxing authority if instructed in writing by Bigbelly) for all such Taxes except to the extent Customer is tax-exempt and has delivered to Bigbelly a valid and current tax exemption certificate as reasonably determined by Bigbelly. 6.2Service. Customer agrees that during the Term of the Agreement, it shall keep in effect the Service as defined in the Agreement. Unless otherwise agreed in a written amendment to this Agreement, Bigbelly or its subcontractors shall be the sole and exclusive suppliers of the Service. 6.3Additions and Modifications of Equipment. Unless otherwise expressly agreed by an officer of Bigbelly in writing, Customer shall not make any additions, alterations or modifications to the Equipment. Customer shall not remove, cover or damage any Bigbelly logos or other identification markings on the Equipment. 6.4Ownership Rights. The Equipment and Software contain intellectual property including but not limited to patented and unpatented inventions, trade secrets, know-how, and copyrights all of which is owned and will continue to be owned exclusively by Bigbelly and/or its licensors and Customer will obtain no rights thereto other than the limited rights of use under this Agreement. Customer acknowledges and agrees that all technology, materials, hardware, software, content and data of which the Equipment and Software is comprised or which is otherwise contained within or attached to, generated, collected or processed by the Equipment and/or Software is the sole and exclusive property of Bigbelly. Bigbelly hereby grants Customer a royalty-free, non-exclusive, fully paid up right and license to use the Equipment, the Software, and any intellectual property rights therein as necessary for Customer and its contractors to use the Equipment and Bigbelly Service consistent with the terms and conditions of the Agreement and these Terms and Conditions. Bigbelly reserves the right, at its sole cost and expense and subject to applicable governmental guidelines, laws, rules, regulations and ordinances, at any time upon notice to Customer, to enhance or otherwise modify the Equipment and/or Software made available to Customer under this Agreement, including but not limited to enhancements or modifications for the purpose of implementing Wi-Fi network capability to the Equipment, instituting mechanisms for data collection, processing and analysis. Bigbelly retains all media rights associated with signage, and Customer agrees not to post signage and/or advertisements on the Equipment without written approval by Bigbelly. For avoidance of doubt, this does not prohibit customer from displaying messages solely on behalf of customer such as public service messages. 6.5Termination (A)Effect of Termination. Except as provided for in Section 6.7 below, any termination of the Agreement by Customer, with or without cause, shall not relieve Customer of its obligations to make any and all payments due under this Agreement. (B)Post Termination Duties / Surrender of Equipment. Upon the expiration or earlier termination or cancellation of the Agreement, Bigbelly shall remove the Equipment as described in Section 4.1 (H) above. 6.6Indemnifications by the Parties (A)Indemnity by Bigbelly. To the fullest extent permitted by law, Bigbelly shall indemnify, defend (with counsel acceptable to the City), and hold harmless the City and its elected and appointed officers, officials, employees, agents, contractors and consultants (collectively, the “City Indemnitees”) from and against any and all liability, loss, damage, claims, expenses and costs (including, without limitation, attorneys’ fees and costs of litigation) (collectively, “Liability”) of every nature arising out of or in connection with Bigbelly’s performance of the Agreement or its failure to comply with this Agreement, except such Liability caused, in whole or in part, by the negligence or willful misconduct of the City Indemnitees. Notwithstanding the foregoing, in no event will Bigbelly be liable for or indemnify the City Indemnitees against (a) any damage, claim or injury arising out of Customer’s or any third party’s actions, including but not limited to accidental or intentional tampering with the Equipment (but excluding regular, non-negligent usage of the Equipment) or (b) consequential or indirect damages.                              Connect by Bigbelly Service Agreement CSA2019 Page 8 | 13 Bigbelly’s maximum liability hereunder shall be limited to three times the total amount of Service Fees payable by Customer to Bigbelly pursuant to this Agreement. (B)Indemnity by Customer. Customer shall indemnify and hold Bigbelly and each of their directors, officers and employees, harmless, and defend Bigbelly and its representatives if it requests, as to all claims, liabilities, losses, damages and expenses (including without limitation, reasonable attorneys’ fees and other legal expenses and amounts paid in settlements) brought against Bigbelly and/or its representatives because of (a) any breach or alleged breach by Customer of any of its representations, warranties, or agreements with Bigbelly, (b) any claim that any of the information provided by Customer to Bigbelly infringes any patent, trademark, copyright or other intellectual property right, anywhere in the world, or (c) any death, injury or damage to any person or property caused by or resulting from Customer’s negligence in operating or securing the Equipment, except if caused, in whole or in part by the negligence or willful misconduct of Bigbelly. (C)Survival of Indemnity. The rights and obligations of Customer and Bigbelly under this Section 6.6 survive the termination, cancellation or expiration of this Agreement. 6.7Default; Dispute Settlement; Governing Law (A)Definition of Default. The term "Default" means any of the following events: (i) Customer fails to make any payment required under this Agreement within fifteen (15) days after the same shall have become due; (ii) Customer or Bigbelly fails to perform any other obligation under this Agreement and such non-performance is not cured within thirty (30) days following notice or Customer fails to provide insurance as required under this Agreement; (iii) Customer or Bigbelly becomes insolvent or makes an assignment for the benefit of its creditors; i(v) a receiver, trustee, conservator or liquidator of Customer or Bigbelly of all or a substantial part of such party’s assets is appointed with or without the application or consent of such party; (v) a petition is filed by or against Customer or Bigbelly under any bankruptcy, insolvency or similar law; (vi) any warranty or representation made by either party herein proves to have been false or misleading when made; or, (vii) there is a material adverse change in Customer's financial condition. (B)Default by Customer. Upon the occurrence of a Default by Customer, Bigbelly may do one or more of the following as Bigbelly in its sole discretion shall elect: (i) initiate Dispute Settlement procedures pursuant to subsection (D) herein to enforce performance by Customer of the Agreement or to recover damages for the breach thereof; (ii) cause Customer, at its expense, to promptly return the Equipment to Bigbelly at such place as Bigbelly designates in writing; (iii) by notice in writing to Customer, cancel or terminate the Agreement, without prejudice to any other remedies hereunder; (iv) enter upon, or instruct its agents or assigns to enter upon, the premises of Customer or other premises where any Equipment may be located and take possession of and remove all or any portion of such Equipment without liability to Customer by reason of such entry or taking possession; (v) require Customer to pay to Bigbelly immediately upon demand, in addition to all amounts then due under this Agreement, liquidated damages in the amount of the greater of (A) eighty percent (80%) of the remaining Service fees to become due during the Initial Term or (B) one year of Service fees, which amount, owing to the acknowledged difficulty in establishing a value for the unexpired Initial Term, the parties agree represents an agreed upon reasonable measure of damages and is not to be deemed a forfeiture or penalty; (vi) charge Customer interest on all monies due Bigbelly at the rate of eighteen percent (18%) per year from the date of default until paid, but in no event more than the maximum rate permitted by law; (vii) collect from Customer all expenses incurred by Bigbelly in connection with the enforcement of any remedies, including all expenses of repossessing, storing, shipping, repairing and selling the Equipment and reasonable attorneys’ fees; and (viii) exercise any other right or remedy available to Bigbelly under applicable law. (C)Default by Bigbelly. Upon the occurrence of a Bigbelly Default, Customer may do one or more of the following as Customer in its sole discretion shall elect; (i) initiate Dispute Settlement procedures pursuant to subsection (D) herein to enforce performance of the Agreement or recover damages for the breach thereof; (ii) cause Bigbelly, at its expense, to promptly collect the Equipment; (iii) by notice in writing to Bigbelly, cancel or terminate the Agreement, without prejudice to any other remedies hereunder; (iv) collect from Bigbelly all expenses incurred by Customer in connection with the enforcement of any remedies, including all expenses of repossessing, storing, shipping, repairing and selling the Equipment and reasonable attorneys’ fees; and (v) exercise any other right or remedy available to Customer under applicable law.                              Connect by Bigbelly Service Agreement CSA2019 Page 9 | 13 (D)Dispute Settlement. In the event of any dispute arising due to a Default or with respect to the terms of the Agreement or obligations of the parties, the parties agree to discuss the dispute in an attempt to amicably resolve such dispute within 30 days of the date of a written notice of such dispute by one party to the other. Failing any such resolution, either party will be free to seek remedy through a court of competent jurisdiction. (E)Continuation of Obligations. The occurrence of a dispute under or relating to the Agreement shall not relieve Bigbelly of, or change in any way, Bigbelly’s obligation to provide the Service in accordance with the terms of the Agreement nor shall the occurrence of a dispute under or relating to the Agreement relieve Customer of its obligations to make any and all payments described in the Agreement, including the Attachments. (F)Governing Law. The Agreement including the Attachments shall be interpreted under the laws of the courts of the State of California, without regard to principles of conflicts of law or the United Nations Convention on the International Sale of Goods. Each party consents to the personal jurisdiction of federal and state courts located in the County of San Mateo, California. Customer agrees that service of process in any action or proceeding may be duly affected upon Customer by mailing such process via certified mail, return receipt requested or as otherwise provided under applicable law. 6.8Assignment. Neither party may assign this Agreement or any rights hereunder unless it receives the written consent of the other party, which consent shall not be unreasonably withheld. Customer may not sublease or leng any Equipment without the prior written consent of Bigbelly. Notwithstanding the foregoing, Bigbelly may at any time, without further approval of Customer, make an assignment of its financial interests in this Agreement, including the granting of a security interest in the Equipment, to any person (a “Financial Assignee”) . In such event, all the provisions of this Agreement for the benefit of Bigbelly shall inure to the benefit of and be exercised by or on behalf of such Assignee, which shall not relieve Bigbelly of its performance obligations to the Customer under this Agreement, but the Assignee shall not be liable for or be required to perform any of Bigbelly’s obligations to Customer. Subject to the foregoing, the Agreement shall inure to the benefit of, and be binding upon, the successors and permitted assigns of the parties hereto. 6.9Relationship of Parties. Bigbelly and Customer are each independent entities and the relationship between Bigbelly and Customer under the Agreement is not a joint venture, partnership, principal-agent, broker, sales representative or franchise relationship. Bigbelly has no authority to make any promise, commitment or agreement on Customer’s behalf, and Bigbelly will not represent to anyone that it does have such authority. It is understood and agree that this Agreement is not a contract of employment and does not create an employer-employee relationship between Customer and Bigbelly, its employees or agents. At all times Bigbelly shall be an independent contractor, and Customer shall not control the manner of Bigbelly accomplishing the Connect Services. Bigbelly is not authorized to bind Customer to any contracts or other obligations without the express written consent of Customer. 6.10Notices. Each notice provided for in the Agreement shall be given in writing and become effective when: (A)served by personal delivery to the recipient’s Legal Department or Contract Administrator; Customer: CITY OF SOUTH SAN FRANCISCO BIG BELLY SOLAR, LLC Name: ___________________________________ Jeff Wakely Title: Public Works Program Manager Chief Financial Officer Address: 550 North Canal Street 150 A Street, #103 South San Francisco, CA 94080 Needham, MA 0249 (B)deposited, postage prepaid in the United States registered or certified mails addressed to the recipient’s Legal Department or Contract Administrator, at the address specified in Section 6.10(A); (C)dispatched to the recipient’s Legal Department or Contract Administrator, at the address specified in Section 6.10(A), via overnight mail using UPS, Federal Express or similar carrier; or, (D)sent to recipient’s Legal Department or Contract Administrator: via facsimile or other electronic means if delivery does not require a signature or other confirmation of delivery. 6.11Force Majeure. Any delay or failure of either party to perform its obligations (other than payment obligations) shall be excused if it is caused by an extraordinary event or occurrence beyond the control of the nonperforming party and without the nonperforming party’s fault or negligence, such as acts of God, fires, floods, windstorms, explosions, natural disasters, wars and sabotage. Raw material or labor shortages are not force majeure events. Each party shall promptly notify the other of the reason for the delay and use its Louis Langi                              Connect by Bigbelly Service Agreement CSA2019 Page 10 | 13 best efforts in curing such cause and shall take all action practicable to minimize the adverse impact of the delay on the other party. 6.12No Warranties. Customer hereby acknowledges that it has not entered into the Agreement including the Attachments in reliance upon any warranty or representation by any person or entity except for the warranties or representations specifically set forth therein. 6.13Use of Trade Names and Trademarks. Neither party may use the trade name, service mark, logo or trademark of the other party for any purpose without previous permission in writing from the other party. 6.14Damages. Unless otherwise provided in the Agreement, in no event shall either party, or its affiliates, shareholders, officers, directors, employees, agents, or representatives, or assigns be liable for lost revenue, lost profits, incidental, indirect or consequential damages, resulting from any aspect of the Service provided in connection with this Agreement. Bigbelly’s maximum aggregate liability to Customer in relation to or in connection with the Agreement will be limited to three times (3x) the total amount of Service Fees paid or payable by Customer to Bigbelly under the Agreement. 6.15INTENTIONALLY DELETED 6.16INTENTIONALLY DELETED 6.17Fiscal Funding. Customer hereby represents and warrants to Bigbelly that: (a) Customer is a State, possession of the United States, the District of Columbia, or political subdivision thereof as defined in Section 103 of the Internal Revenue Code and Treasury Regulations and Rulings related thereto (the “Code”); (b) If Customer is incorporated, it is duly organized and existing under the Constitution and laws of its jurisdiction of incorporation and will do or cause to be done all things necessary to preserve and keep such organization and existence in full force and effect; (c) Customer has been duly authorized by the Constitution and laws of the applicable jurisdiction and by a resolution of its governing body (which resolution, if requested by Bigbelly, is attached hereto), to execute and deliver the Agreement and to carry out its obligations hereunder; (d) All legal requirements have been met, and procedures have been followed, including public bidding, in order to ensure the enforceability of the Agreement; (e) The Equipment will be used by Customer only for essential governmental or proprietary functions of Customer consistent with the scope of Customer's authority and will not be used in a trade or business of any person or entity, by the federal government or for any personal, family or household use. Customer’s need for the Equipment is not expected to diminish during the term of the Agreement; (f) Customer has funds available to pay contracted Payments until the end of its current appropriation period, and it intends to request funds to make contracted Payments in each appropriation period, from now until the end of the term of the Agreement; and (g) The Customer shall comply at all times with all applicable requirements of the Code. If sufficient funds are not appropriated to make contracted payments under the Agreement (“Payments”), the Agreement shall terminate and Customer shall not be obligated to make contracted Payments under the Agreement beyond the then-current fiscal year for which funds have been appropriated. Upon such an event, Customer shall, no later than the end of the fiscal year for which contracted Payments have been appropriated, deliver possession of the Equipment to Bigbelly. If Customer fails to deliver possession of the Equipment to Bigbelly, the termination shall nevertheless be effective but Customer shall be responsible for the payment of damages in an amount equal to the portion of contracted Payments thereafter coming due that is attributable to the number of days after the termination during which the Customer fails to deliver possession and for any other loss suffered by Bigbelly as a result of Customer's failure to deliver possession as required. Customer shall notify Bigbelly in writing within seven (7) days after the failure of the Customer to appropriate funds sufficient for the payment of the contracted Payments, but failure to provide such notice shall not operate to extend the Agreement term or result in any liability to Customer. 6.18Entire Agreement. The Agreement including the Service Schedule included at page 1 and the Attachments constitute the entire agreement between the parties regarding its subject matter and supersede all prior agreements, oral and written, negotiations, commitments and writings, and may not be released, discharged, abandoned, changed or modified in any manner, orally or otherwise, except by an instrument in writing signed by a duly authorized representative of each party. Any purchase order or other ordering document issued by Customer is for administrative purposes only and does not form part of this Agreement. If there is an inconsistency between or among the documents listed below, then the following order of precedence shall govern: (a) Attachment A (b) Attachment B (c) The Agreement                              Connect by Bigbelly Service Agreement CSA2019 Page 11 | 13 6.19Amendment; Modification; Waiver. No modification, amendment, waiver or release of any provision of the Agreement or any right, obligation, claim or cause of action arising under the Agreement shall be valid or binding unless in writing and duly executed by the party against whom enforcement is sought. No waiver by either party of any breach, or the failure of either party to enforce any of the terms and conditions of the Agreement, shall affect, limit or waive that party’s right to enforce and compel compliance with all terms and conditions of the Agreement or to terminate the Agreement as permitted by its terms. Any provision of this Agreement which for any reason may be held unenforceable in any one jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such unenforceability without invalidating the remaining provisions of this Agreement, and any such unenforceability in any one jurisdiction shall not render such provision unenforceable in any other jurisdiction. This Agreement may be executed in any number of counterparts and by different parties hereto or thereto on separate counterparts, each of which, when so executed and delivered, shall be an original, but all such counterparts shall together consist of but one and the same instrument. End of Attachment A.                              Connect by Bigbelly Service Agreement CSA2019 Page 13 | 13 BILLING INFORMATION FORM PLEASE COMPLETE THIS FORM AND RETURN WITH DOCUMENTS In order for Big Belly Solar, LLC to properly bill and credit your account, it is necessary that you complete this form and return it with the signed documents. Billing Name: The City of South San Francisco If you would like your invoices emailed to you in place of regular mail, please provide an email address(es) below: Marissa.garren@ssf.net; louis.langi@ssf.net Billing Address: 550 North Canal Street South San Francisco, CA 94080 Attention: Louis Langi, PW Program Manager Telephone Number: (650) 877-8550 Federal ID#: 946000435 SPECIAL INSTRUCTIONS Do you require a Purchase Order Number on the invoice? Yes X No If yes, please provide the PO# _________________________________ and attach a copy of the purchase order (front & back) for our file. Is a new purchase order required for each new fiscal year period? Yes X No If yes, provide month/year PO expires ________________________________________________ Do you have multiple contracts, and would you like them all billed on one invoice (Summary Billing)? Yes X No Are you sales tax exempt? IIf yes, please attach a copy of exempt certificate or direct pay permit. Yes X No Do you require any special information to establish a vendor number for _____________________________? Yes X No If yes, please advise: __________________________________________________________________________________ Additional Comments: ________________________________________________________________________________________ ___________________________________________________________________________________________________________                               SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY  :RRGUXII6DZ\HU &R 2QH /LEHUW\ 6TXDUH 6XLWH  %RVWRQ 0$   /LFHQVH  )HGHUDO ,QVXUDQFH &RPSDQ\ %,*%(//< %LJ %HOO\ 6RODU //&  $ 6WUHHW 6XLWH  1HHGKDP 0$   $; ;    ;   $ ;  $;    &LW\ RI 6RXWK 6DQ )UDQFLVFR $WWQ &LW\ &OHUN  *UDQG $YHQXH 6RXWK 6DQ )UDQFLVFR &$                                     CERTIFICATE OF COVERAGE PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF EVIDENCE ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE MEMORANDUM(S) OF COVERAGE BELOW. THIS CERTIFICATE OF COVERAGE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING COVERAGE PROVIDER, AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: IF THE CERTIFICATE HOLDER IS AN ADDITIONAL COVERED PARTY, THE MEMORANDUM OF COVERAGE MUST BE ENDORSED. A STATEMENT ON THIS CERTIFICATE DOES NOT CONFER RIGHTS TO THE CERTIFICATE HOLDER IN LIEU OF SUCH ENDORSEMENT(S). IMPORTANT: IF SUBROGATION IS WAIVED, SUBJECT TO THE TERMS AND CONDITIONS OF THE MEMORANDUM(S) OF COVERAGE AN ENDORSEMENT MAY BE REQUIRED. A STATEMENT ON THE CERTIFICATE DOES NOT CONFER RIGHTS TO THE CERTIFICATE HOLDER IN LIEU OF SUCH ENDORSEMENT(S). NAMED COVERED PARTY PROGRAM AFFORDING COVERAGE A: B: C: COVERAGES THIS IS TO CERTIFY THAT THE COVERAGE IS AFFORDED TO THE ABOVE NAMED MEMBER, AS PROVIDED BY THE MEMORANDUM(S) OF COVERAGE, FOR THE PERIOD SHOWN BELOW, NOT WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE COVERAGE AFFORDED BY THE PROGRAM DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH MEMORANDUM(S) OF COVERAGE. THE FOL/OWING COVERAGE IS IN EFFECT. JPA LTR TYPE OF COVERAGE MEMORANDUM NUMBER COVERAGE EFFECTIVE DATE (MM/DD/YY) COVERAGE EXPIRATION DATE (MM/DD/YY)LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fire)$ CLAIMS MADE OCCUR MED EXPENSE (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN’L AGGREGATE LIMIT APPLIES PER:PRODUCTS-COMP/OP AGG $ MEMOR-ANDUM PROJECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO $ ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS WORKERS’ COMPENSATION AND EMPLOYERS LIABILITY ANY PROPRIETOR/PARTNER/ EXECUTIVE/OFFICER/MEMBER EXCLUDED? IF YES, DESCRIBED UNDER SPECIAL PROVISION BELOW WC STATUTORY LIMITS OTHER E.L. EACH ACCIDENT $ E.L. DISEASE – EA EMPLOYEE $ E.L. DISEASE – POLICY LIMIT $ OTHER OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL/PROVISIONS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED MEMORANDUM(S) OF COVERAGE BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE MEMORANDUM(S) OF COVERAGE PROVISIONS. AUTHORIZED REPRESENTATIVE DATE (MM/DD/YYYY)  6DQ )UDQFLVFR$OOLDQW ,QVXUDQFH 6HUYLFHV ,QF  3LQH 6W WK )O 6DQ )UDQFLVFR &$  &LW\ RI 6RXWK 6DQ )UDQFLVFR FR 3RROHG /LDELOLW\ $VVXUDQFH 1HWZRUN -3$  &UHHNVLGH 2DNV 'ULYH 6XLWH  6DFUDPHQWR &$  3/$1 -3$ $ ; ;  *$/  $ ; *$/  3XUVXDQW WR WKH GHILQLWLRQ RI &RYHUHG 3DUW\ LQ WKH /LDELOLW\ 0HPRUDQGXP RI &RYHUDJH WKH FHUWLILFDWH KROGHU LV DQ DGGLWLRQDO FRYHUHG SDUW\ IRU FRYHUHG FODLPV DULVLQJ RXW RI WKH FRYHUHG DFWLYLW\ VWDWHG EHORZ DQG LV VXEMHFW WR WKH OLPLWV VWDWHG DERYH $V UHVSHFWV &RQQHFW 6HUYLFHV $JUHHPHQW  DQG DQ\ DGGLWLRQDO 6HUYLFH 6FKHGXOHV EHWZHHQ WKH &LW\ RI 6RXWK 6DQ )UDQFLVFR DQG %LJ %HOO\ 6RODU //& %LJ %HOO\ 6RODU //& LV DQ DGGLWLRQDO FRYHUHG SDUW\ DQG ORVV SD\HH ZLWK UHJDUG WR DQ\ QHJOLJHQW DFWV RU RPLVVLRQV RI WKH &LW\ RI 6RXWK 6DQ )UDQFLVFR LWV RIILFHUV RIILFLDOV HPSOR\HHV DQG YROXQWHHUV %LJ %HOO\ 6RODU //& $WWQ .HYLQ 6FKRHQWKDOHU  $ 6WUHHW 6XLWH  1HHGKDP 0$                                     SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. CANCELLATION © 1993-2015 ACORD CORPORATION. All rights reserved.ACORD 27 (2016/03) The ACORD name and logo are registered marks of ACORD THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS EVIDENCE OF PROPERTY INSURANCE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. PROPERTY INFORMATION LOCATION/DESCRIPTION COVERAGE INFORMATION COVERAGE / PERILS / FORMS AMOUNT OF INSURANCE DEDUCTIBLE PHONE(A/C, No, Ext): (A/C, No):FAX E-MAILADDRESS: AGENCY THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE ADDITIONAL INTEREST. CUSTOMER ID #:AGENCY SUB CODE:CODE: INSURED LOAN NUMBER POLICY NUMBER TERMINATED IF CHECKED CONTINUED UNTILEXPIRATION DATEEFFECTIVE DATE THIS REPLACES PRIOR EVIDENCE DATED: COMPANY DATE (MM/DD/YYYY)EVIDENCE OF PROPERTY INSURANCE REMARKS (Including Special Conditions) MORTGAGEE ADDITIONAL INSURED LOSS PAYEE ADDITIONAL INTEREST NAME AND ADDRESS AUTHORIZED REPRESENTATIVE LOAN # PERILS INSURED BASIC BROAD SPECIAL LENDER'S LOSS PAYABLE   $OOLDQW ,QVXUDQFH 6HUYLFHV ,QF  3LQH 6WUHHW WK )ORRU 6DQ )UDQFLVFR &$  /LFHQVH & VZHHNV#DOOLDQWFRP 9$5,286 3(5 $77$&+(' 6&+('8/( &LW\ RI 6RXWK 6DQ )UDQFLVFR FR 3RROHG /LDELOLW\ $VVXUDQFH 1HWZRUN -3$  &UHHNVLGH 2DNV 'ULYH 6XLWH  6DFUDPHQWR &$  $3,3 '(&   ; $OO 5LVN RI 'LUHFW 3K\VLFDO /RVV RU 'DPDJH 5HDO 3URSHUW\ 3HUVRQDO 3URSHUW\ ([WUD ([SHQVH %XVLQHVV ,QWHUUXSWLRQ 5HQWDO ,QWHUUXSWLRQ 9HKLFOH &RYHUDJH $FWXDO &DVK 9DOXH 9DULRXV 6XEOLPLWV $SSO\  6HH 3ROLF\ IRU 'HWDLOV  $V UHVSHFWV &RQQHFW 6HUYLFHV $JUHHPHQW  DQG DQ\ DGGLWLRQDO 6HUYLFH 6FKHGXOHV EHWZHHQ WKH &LW\ RI 6RXWK 6DQ )UDQFLVFR DQG %LJ %HOO\ 6RODU //&%LJ %HOO\ 6RODU //& LV DQ DGGLWLRQDO FRYHUHG SDUW\ DQG ORVV SD\HH ZLWK UHJDUG WR DQ\ QHJOLJHQW DFWV RU RPLVVLRQV RI WKH &LW\ RI 6RXWK 6DQ )UDQFLVFR LWV RIILFHUV RIILFLDOV HPSOR\HHV DQG YROXQWHHUV ; %LJ %HOO\ 6RODU //& $WWQ .HYLQ 6FKRHQWKDOHU  $ 6WUHHW 6XLWH  1HHGKDP 0$                                     ALLIANT PROPERTY INSURANCE PROGRAM BOUND LIST OF CARRIERS JULY 1, 2020 TO JULY 1, 2021 Alliant Insurance Services, Inc. y 1301 Dove Street, Suite 200, Newport Beach, CA 92660 PHONE (949)756-0271 FAX (949) 756-2713 y www.alliantinsurance.com y License No. 0C36861 (as of June 26, 2020) Page 1 Arch Specialty Insurance Company Aspen Insurance UK Limited Ategrity Specialty Insurance Company Chubb European Group Limited Endurance Worldwide Insurance Limited Evanston Insurance Company Everest Indemnity Insurance Company Fidelis Underwriting Limited Hallmark Specialty Insurance Company Homeland Insurance Company of New York Interstate Fire and Casualty Ins. Co. Ironshore Specialty Insurance Company Lancashire Insurance Company (UK) Ltd. Landmark American Insurance Co. (RSUI) Lexington Insurance Company Liberty Mutual Fire Insurance Company Lloyd’s of London National Union Fire Insurance Company Partner Re Ireland Insurance Ltd Princeton Excess & Surplus Lines Ins. Co. RSUI Indemnity Company QBE Specialty Insurance Company Westport Insurance Corporation XL Insurance America, Inc.                              Public Entity Property Insurance Program (PEPIP) Form No.15 Page 42 of 68 AG. ADDITIONAL INSURED’S / LOSS PAYEES It is hereby understood and agreed that the interest of Additional Insured’s and/or Loss Payees is automatically included, as per schedule held on file with Alliant Insurance Services, Inc.                              Certificate Of Completion Envelope Id: D7F86E2B4C894D9C9DACE91DA389A982 Status: Completed Subject: Please DocuSign: Contract Routing Form Final - Bigbelly.pdf, 9.3.20_BBS_SSF_CSA_10187_FINAL_CLE... Source Envelope: Document Pages: 18 Signatures: 10 Envelope Originator: Certificate Pages: 5 Initials: 0 Marissa Garren AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) Stamps: 1 329 Miller Ave South San Francisco, CA 94080 marissa.garren@ssf.net IP Address: 209.234.100.130 Record Tracking Status: Original 9/10/2020 12:17:55 PM Holder: Marissa Garren marissa.garren@ssf.net Location: DocuSign Security Appliance Status: Connected Pool: StateLocal Storage Appliance Status: Connected Pool: Carahsoft OBO City of South San Francisco Location: DocuSign Signer Events Signature Timestamp Claire Lai Claire.Lai@ssf.net Signing Group: City Attorney Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 206.169.145.130 Sent: 9/11/2020 2:47:08 PM Viewed: 9/13/2020 7:21:39 PM Signed: 9/13/2020 7:31:28 PM Electronic Record and Signature Disclosure: Accepted: 9/13/2020 7:21:39 PM ID: f66b8a6a-480c-47d3-a624-a356aca15b81 Eunejune Kim eunejune.kim@ssf.net Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 209.234.100.130 Sent: 9/11/2020 2:47:08 PM Viewed: 9/11/2020 2:53:11 PM Signed: 9/11/2020 2:54:46 PM Freeform Signing Electronic Record and Signature Disclosure: Accepted: 6/1/2020 2:10:07 PM ID: 09c34a55-e298-4c87-9f18-2e9185df7481 SHARON RANALS sharon.ranals@ssf.net Assistant City Manager Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 209.234.100.130 Sent: 9/13/2020 7:31:33 PM Viewed: 9/14/2020 9:22:10 AM Signed: 9/14/2020 9:23:10 AM Electronic Record and Signature Disclosure: Accepted: 9/14/2020 9:22:10 AM ID: b72a3f69-45d2-45e9-984a-ef1bcbb1f1e3 Mike Futrell mike.futrell@ssf.net City Manager Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 209.234.100.130 Sent: 9/14/2020 9:23:15 AM Viewed: 9/14/2020 10:45:52 AM Signed: 9/14/2020 2:26:36 PM Electronic Record and Signature Disclosure:          Signer Events Signature Timestamp Accepted: 9/14/2020 10:45:52 AM ID: 55742872-008f-4465-959f-2e227932aa14 Rosa Govea Acosta rosa.acosta@ssf.net City Clerk City of South San Francisco Signing Group: City Clerk Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 67.161.78.110 Sent: 9/14/2020 2:26:41 PM Viewed: 9/18/2020 4:15:08 PM Signed: 9/18/2020 4:48:12 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Dave Bockhaus dave.bockhaus@ssf.net Deputy Director Public Works City of South San Francisco Security Level: Email, Account Authentication (None) Using IP Address: 24.7.9.163 Sent: 9/10/2020 3:14:37 PM Viewed: 9/11/2020 10:16:56 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Louis Langi louis.langi@ssf.net Security Level: Email, Account Authentication (None)Using IP Address: 209.234.100.130 Sent: 9/10/2020 3:14:37 PM Viewed: 9/11/2020 2:47:07 PM Electronic Record and Signature Disclosure: Accepted: 9/11/2020 2:47:07 PM ID: 5c208a76-eb43-4e79-b070-5b00261dea0b Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 9/14/2020 2:26:41 PM Certified Delivered Security Checked 9/18/2020 4:15:08 PM Completed Security Checked 9/18/2020 4:48:12 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure          ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, Carahsoft OBO City of South San Francisco (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. 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Certificate Of Completion Envelope Id: 3544AAB22C5B45CC8F84A4E3EF700347 Status: Completed Subject: Please DocuSign: DocuSigned CSA - Bigbelly 2020.pdf Source Envelope: Document Pages: 23 Signatures: 1 Envelope Originator: Certificate Pages: 1 Initials: 0 Marissa Garren AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) 329 Miller Ave South San Francisco, CA 94080 marissa.garren@ssf.net IP Address: 209.234.100.130 Record Tracking Status: Original 9/18/2020 5:14:27 PM Holder: Marissa Garren marissa.garren@ssf.net Location: DocuSign Security Appliance Status: Connected Pool: StateLocal Storage Appliance Status: Connected Pool: Carahsoft OBO City of South San Francisco Location: DocuSign Signer Events Signature Timestamp Rosa Govea Acosta Rosa.acosta@ssf.net City Clerk City of South San Francisco Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 67.161.78.110 Sent: 9/18/2020 5:16:11 PM Viewed: 9/18/2020 5:46:04 PM Signed: 9/18/2020 5:46:21 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 9/18/2020 5:16:11 PM Certified Delivered Security Checked 9/18/2020 5:46:04 PM Signing Complete Security Checked 9/18/2020 5:46:21 PM Completed Security Checked 9/18/2020 5:46:21 PM Payment Events Status Timestamps City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-05 Agenda Date:1/26/2022 Version:1 Item #:6. Report regarding a resolution authorizing the acceptance of $20,000 in donations from the South San Francisco Association of Firefighters Local 1507 Charity Foundation and approving Budget Amendment 22.044.(Jess Magallanes, Fire Chief) RECOMMENDATION It is recommended that the City Council adopt a resolution authorizing the acceptance of $20,000 in donations from the South San Francisco Association of Firefighters Local 1507 Charity Foundation and approving Budget Amendment 22.044. BACKGROUND/DISCUSSION The Fire Department received a donation from the South San Francisco Association of Firefighters Local 1507 Charity Foundation,a local non-profit organization that supports various community efforts such as holding breast cancer awareness programs,sponsoring burn victims’attendance at summer burn camps,hosting an annual pancake breakfast to support the local VFW,and assisting with the annual Holiday Toy Drive and other volunteering efforts. In December 2021,Fire,Police and other City Departments provided gift cards to approximately 777 children during the Holiday Food distribution.The overwhelming support from the community resulted in each child receiving a $35 gift card allowing them to shop for a toy of their choice. FISCAL IMPACT Funds from the Local 1507 Charity Foundation will be used to offset the cost of purchasing Toy Drive gift cards and other peripheral items,with any remaining monies being held as reserves to support like programs in the future. The $20,000 donation from the Local 1507 Charity Foundation will be used to amend the Fire Department Fiscal Year 2021-2022 Operating Budget per Budget Amendment 22.044. RELATIONSHIP TO STRATEGIC PLAN Acceptance of these donations supports Strategic Plan Priority #2: Quality of Life. CONCLUSION It is recommended that the City Council adopt a resolution authorizing the acceptance of $20,000 in donations from the South San Francisco Association of Firefighters Local 1507 Charity Foundation and approving Budget Amendment 22.044. City of South San Francisco Printed on 3/16/2022Page 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 #:22-04 Agenda Date:1/26/2022 Version:1 Item #:6a. Resolution authorizing the acceptance of $20,000 in donations from the South San Francisco Association of Firefighters Local 1507 Charity Foundation and approving Budget Amendment 22.044. WHEREAS,the Fire Department received a donation from the South San Francisco Association of Firefighters Local 1507 Charity Foundation,a local non-profit organization that supports various community efforts such as holding breast cancer awareness programs,sponsoring burn victims’attendance at summer burn camps,hosting an annual pancake breakfast to support the local VFW,and assisting with the annual Holiday Toy Drive and other volunteering efforts; and WHEREAS,in December 2021,the Fire,Police and other City Departments provided gift cards to approximately 777 children during the Holiday Food distribution.The overwhelming support from the community resulted in each child receiving a $35 gift card allowing them to shop for a toy of their choice; and WHEREAS,funds from the Local 1507 Charity Foundation will be used to offset the cost of purchasing Toy Drive gift cards and peripheral items and reserves needed to support future programs; and WHEREAS,funds from the Local 1507 Charity Foundation will be used to amend the Fiscal Year 2021-2022 Operating Budget per Budget Amendment 22.044. NOW THEREFORE BE IT RESOLVED by the City Council of the City of South San Francisco that it accepts $20,000 in donations from the South San Francisco Association of Firefighters Local 1507. ***** City of South San Francisco Printed on 3/16/2022Page 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 #:22-19 Agenda Date:1/26/2022 Version:1 Item #:7. Report regarding a resolution approving Program Supplement Agreement No.F031 with the State of California, for the West Orange Ave and Hillside Blvd Pedestrian Crossing Enhancements Project (tr2001)in the amount of $204,800 and authorizing the City Manager to execute said Agreement.(Jeffrey Chou, Associate Engineer) RECOMMENDATION It is recommended that the City Council adopt a resolution approving Program Supplement Agreement No.F031 with the State of California,for the West Orange Avenue and Hillside Boulevard Pedestrian Crossing Enhancements Project (tr2001)in the amount of $204,800 and authorizing the City Manager to execute said Agreement. BACKGROUND/DISCUSSION The administration of state and federally funded local transportation projects is carried out by the benefiting agencies through the Caltrans Local Assistance Program.The City of South San Francisco has a program master agreement in place that gives general authority as an administering agency,but administration of individual projects requires entering into project-specific supplemental agreements. The West Orange Avenue and Hillside Boulevard Pedestrian Crossing Enhancements Project (tr2001) improvements will consist of installing pedestrian safety improvements including advanced pedestrian striping, high visibility crosswalks, and ADA curb ramps at the following locations: ·West Orange Avenue & Canal Street ·West Orange Avenue & Myrtle Avenue ·Hillside Boulevard & Claremont Drive The Program Supplemental Agreement No.F031 authorizes federal funding in the amount of $204,800 for the construction and construction engineering phases of the project.The estimated total cost is $205,500.The City agrees to provide matching funds in the amount of at least $700,which is approximately 0.3%of the estimated total cost. FISCAL IMPACT The funding for this agreement is included in the City of South San Francisco’s FY 2021-2022 Capital Improvement Program. There is no impact on the General Fund. RELATIONSHIP TO STRATEGIC PLAN Approval of this action will contribute to the City’s Strategic Plan outcome of improved Quality of Life by improving pedestrian safety. CONCLUSION Approval of the attached resolution will authorize the City Manager to execute the agreement with the State of California on behalf of the City.The agreement will allow the City to obtain federal funds for reimbursement in the amount of $204,800 for the West Orange Avenue and Hillside Boulevard Pedestrian Crossing City of South San Francisco Printed on 3/16/2022Page 1 of 2 powered by Legistar™ File #:22-19 Agenda Date:1/26/2022 Version:1 Item #:7. the amount of $204,800 for the West Orange Avenue and Hillside Boulevard Pedestrian Crossing Enhancements Project (tr2001), under the Program Supplemental Agreement No. F031. Attachment: 1.Project Locations Map City of South San Francisco Printed on 3/16/2022Page 2 of 2 powered by Legistar™ PROJECT LOCATIONS MAP   City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-20 Agenda Date:1/26/2022 Version:1 Item #:7a. Resolution approving Program Supplement Agreement No.F031 with the State of California,for the West Orange Avenue and Hillside Boulevard Pedestrian Crossing Enhancements Project (tr2001)in the amount of $204,800 and authorizing the City Manager to execute said Agreement. WHEREAS,the City of South San Francisco ("City")is undertaking West Orange Avenue and Hillside Boulevard Pedestrian Crossing Enhancements Project (Project No.tr2001)(“Project”),which has an estimated total construction cost of $205,500; and WHEREAS,the City of South San Francisco (“City”)is eligible to receive federal funding for reimbursement in the amount of $204,800 for construction and construction engineering services under Program Supplement Agreement No. F031 (“Agreement”) through the State of California Department of Transportation; and WHEREAS,a program supplemental agreement,attached hereto as Exhibit A,must be executed with the State of California Department of Transportation before any such federal funds can be obtained; and WHEREAS,the City wishes to delegate authorization to execute the Agreement and any amendments with the California Department of Transportation to the City Manager. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby approves Program Supplemental Agreement No.F031,attached hereto and incorporated herein as Exhibit A, between the City and the California Department of Transportation. BE IT FURTHER RESOLVED by the City Council of the City of South San Francisco that the City Manager is hereby authorized to execute Program Supplemental Agreement No.F031 in substantially the same form as Exhibit A on behalf of the City Council of the City of South San Francisco,subject to approval as to form by the City Attorney, and to take any other related action necessary to further the intent of this Resolution. ***** City of South San Francisco Printed on 3/16/2022Page 1 of 1 powered by Legistar™ SPECIAL COVENANTS OR REMARKS 04-SM-0-SSF HSIPL-5177(043) 1.A. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the current published Local Assistance Procedures Manual. B. ADMINISTERING AGENCY agrees that it will only proceed with work authorized for specific phase(s) with an "Authorization to Proceed" and will not proceed with future phase(s) of this project prior to receiving an "Authorization to Proceed" from the STATE for that phase(s) unless no further State or Federal funds are needed for those future phase(s). C. STATE and ADMINISTERING AGENCY agree that any additional funds which might be made available by future Federal obligations will be encumbered on this PROJECT by use of a STATE-approved "Authorization to Proceed" and Finance Letter. ADMINISTERING AGENCY agrees that Federal funds available for reimbursement will be limited to the amounts obligated by the Federal Highway Administration. D. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer within 60 days of project contract award and prior to the submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract. Failure to do so will cause a delay in the State processing invoices for the construction phase. Attention is directed to Section 15.7 "Award Package" of the Local Assistance Procedures Manual. E. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six months commencing after the funds are encumbered for each phase by the execution of this Project Program Supplement Agreement, or by STATE's approval of an applicable Finance Letter. STATE reserves the right to suspend future authorizations/obligations for Federal aid projects, or encumbrances for State funded projects, as well as to suspend invoice payments for any on-going or future project by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six-month period. If no costs have been invoiced for a six-month period, ADMINISTERING AGENCY agrees to submit for each phase a written explanation of the absence of PROJECT activity along with target billing date and target billing amount. ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current Local Assistance Procedures Manual. 2Page of 7Program Supplement 04-5177F15-F031- ISTEA SPECIAL COVENANTS OR REMARKS 04-SM-0-SSF HSIPL-5177(043) F. Administering Agency shall not discriminate on the basis of race, religion, age, disability, color, national origin, or sex in the award and performance of any Federal-assisted contract or in the administration of its DBE Program Implementation Agreement. The Administering Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of Federal-assisted contracts. The Administering Agency's DBE Implementation Agreement is incorporated by reference in this Agreement. Implementation of the DBE Implementation Agreement, including but not limited to timely reporting of DBE commitments and utilization, is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the Administering Agency of its failure to carry out its DBE Implementation Agreement, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). G. Any State and Federal funds that may have been encumbered for this project are available for disbursement for limited periods of time. For each fund encumbrance the limited period is from the start of the fiscal year that the specific fund was appropriated within the State Budget Act to the applicable fund Reversion Date shown on the State approved project finance letter. Per Government Code Section 16304, all project funds not liquidated within these periods will revert unless an executed Cooperative Work Agreement extending these dates is requested by the ADMINISTERING AGENCY and approved by the California Department of Finance. ADMINISTERING AGENCY should ensure that invoices are submitted to the District Local Assistance Engineer at least 75 days prior to the applicable fund Reversion Date to avoid the lapse of applicable funds. Pursuant to a directive from the State Controller's Office and the Department of Finance; in order for payment to be made, the last date the District Local Assistance Engineer can forward an invoice for payment to the Department's Local Programs Accounting Office for reimbursable work for funds that are going to revert at the end of a particular fiscal year is May 15th of the particular fiscal year. Notwithstanding the unliquidated sums of project specific State and Federal funding remaining and available to fund project work, any invoice for reimbursement involving applicable funds that is not received by the Department's Local Programs Accounting Office at least 45 days prior to the applicable fixed fund Reversion Date will not be paid. These unexpended funds will be irrevocably reverted by the Department's Division of Accounting on the applicable fund Reversion Date. H. As a condition for receiving federal-aid highway funds for the PROJECT, the Administering Agency certifies that NO members of the elected board, council, or other key decision makers are on the Federal Government Exclusion List. Exclusions can be found at www.sam.gov. 3Page of 7Program Supplement 04-5177F15-F031- ISTEA SPECIAL COVENANTS OR REMARKS 04-SM-0-SSF HSIPL-5177(043) 2.A. ADMINISTERING AGENCY shall conform to all State statutes, regulations and procedures (including those set forth in the Local Assistance Procedures Manual and the Local Assistance Program Guidelines, hereafter collectively referred to as "LOCAL ASSISTANCE PROCEDURES") relating to the federal-aid program, all Title 23 Code of Federal Regulation (CFR) and 2 CFR Part 200 federal requirements, and all applicable federal laws, regulations, and policy and procedural or instructional memoranda, unless otherwise specifically waived as designated in the executed project-specific PROGRAM SUPPLEMENT. B. Invoices shall be formatted in accordance with LOCAL ASSISTANCE PROCEDURES. C. ADMINISTERING AGENCY must have at least one copy of supporting backup documentation for costs incurred and claimed for reimbursement by ADMINISTERING AGENCY. ADMINISTERING AGENCY agrees to submit supporting backup documentation with invoices if requested by State. Acceptable backup documentation includes, but is not limited to, agency's progress payment to the contractors, copies of cancelled checks showing amounts made payable to vendors and contractors, and/or a computerized summary of PROJECT costs. D. Indirect Cost Allocation Plan/Indirect Cost Rate Proposals (ICAP/ICRP), Central Service Cost Allocation Plans and related documentation are to be prepared and provided to STATE (Caltrans Audits & Investigations) for review and approval prior to ADMINISTERING AGENCY seeking reimbursement of indirect costs incurred within each fiscal year being claimed for State and federal reimbursement. ICAPs/ICRPs must be prepared in accordance with the requirements set forth in 2 CFR, Part 200, Chapter 5 of the Local Assistance Procedural Manual, and the ICAP/ICRP approval procedures established by STATE. E. STATE will withhold the greater of either two (2) percent of the total of all federal funds encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING AGENCY submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT PROJECT. F. Payments to ADMINISTERING AGENCY for PROJECT-related travel and subsistence (per diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid rank and file STATE employees under current State Department of Personnel Administration (DPA) rules. If the rates invoiced by ADMINISTERING AGENCY are in excess of DPA rates, ADMINISTERING AGENCY is responsible for the cost difference, and any overpayments inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERING AGENCY on demand within thirty (30) days of such invoice. 4Page of 7Program Supplement 04-5177F15-F031- ISTEA SPECIAL COVENANTS OR REMARKS 04-SM-0-SSF HSIPL-5177(043) G. ADMINISTERING AGENCY agrees to comply with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards. H. ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors will be obligated to agree, that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual PROJECT cost items. I. Every sub-recipient receiving PROJECT funds under this AGREEMENT shall comply with 2 CFR, Part 200, 23 CFR, 48 CFR Chapter 1, Part 31, Local Assistance Procedures, Public Contract Code (PCC) 10300-10334 (procurement of goods), PCC 10335-10381 (non-A&E services), and other applicable STATE and FEDERAL regulations. J. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, 23 CFR, 48 CFR, Chapter 1, Part 31, and other applicable STATE and FEDERAL regulations, are subject to repayment by ADMINISTERING AGENCY to STATE. K. STATE reserves the right to conduct technical and financial audits of PROJECT WORK and records and ADMINISTERING AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by the following paragraph: ADMINISTERING AGENCY, ADMINISTERING AGENCY'S contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit by STATE, the California State Auditor, or any duly authorized representative of STATE or the United States all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts and ADMINISTERING AGENCY shall furnish copies thereof if requested. All of the above referenced parties shall make such AGREEMENT, PROGRAM SUPPLEMENT, and contract materials available at their respective offices at all reasonable times during the entire PROJECT period and for three (3) years from the date of submission of the final expenditure report by the STATE to the FHWA. L. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain a financial management system and records that properly accumulate and segregate reasonable, allowable, and allocable incurred PROJECT costs and matching funds by line item for the PROJECT. The financial management system 5Page of 7Program Supplement 04-5177F15-F031- ISTEA SPECIAL COVENANTS OR REMARKS 04-SM-0-SSF HSIPL-5177(043) of ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles, enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices set to or paid by STATE. M. ADMINISTERING AGENCY is required to have an audit in accordance with the Single Audit Act of 2 CFR 200 if it expends $750,000 or more in Federal Funds in a single fiscal year of the Catalogue of Federal Domestic Assistance. N. ADMINISTERING AGENCY agrees to include all PROGRAM SUPPLEMENTS adopting the terms of this AGREEMENT in the schedule of projects to be examined in ADMINISTERING AGENCY's annual audit and in the schedule of projects to be examined under its single audit prepared in accordance with 2 CFR, Part 200. O. ADMINISTERING AGENCY shall not award a non-A&E contract over $5,000, construction contracts over $10,000, or other contracts over $25,000 [excluding professional service contracts of the type which are required to be procured in accordance with Government Code sections 4525 (d), (e) and (f)] on the basis of a noncompetitive negotiation for work to be performed under this AGREEMENT without the prior written approval of STATE. Contracts awarded by ADMINISTERING AGENCY, if intended as local match credit, must meet the requirements set forth in this AGREEMENT regarding local match funds. P. Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT shall contain provisions B, C, F, H, I, K, and L under Section 2 of this agreement. 3.Appendix E of the Title VI Assurances (US DOT Order 1050.2A) During the performance of this agreement, the ADMINISTERING AGENCY, ADMINISTERING AGENCY'S contractors and subcontractor, (hereinafter referred to as the "contractor") agrees to comply with the following nondiscrimination statutes and authorities; including but not limited to: Pertinent Nondiscrimination Authorities: A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); C. Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), (prohibits discrimination on the basis of sex); D. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as 6Page of 7Program Supplement 04-5177F15-F031- ISTEA SPECIAL COVENANTS OR REMARKS 04-SM-0-SSF HSIPL-5177(043) amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; E. The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age); F. Airport and Airway Improvement Act of 1982, (49 U.S.C. 4 71, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not); H. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; I. The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); J. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; K. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); L. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). 7Page of 7Program Supplement 04-5177F15-F031- ISTEA City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-56 Agenda Date:1/26/2022 Version:1 Item #:8. Report regarding a resolution authorizing the acceptance of grants and donations from various community partners totaling $5,250 for Fiscal Year 2021-22,as well as in-kind donations of supplies and volunteer support for Parks and Recreation Department programs and events,and amending the Parks and Recreation Department’s Fiscal Year 2021-22 Operating Budget pursuant to budget amendment #22.042.(Greg Mediati, Director of Parks and Recreation) RECOMMENDATION It is recommended that the City Council adopt a resolution authorizing the acceptance of grants and donations from various community partners totaling $5,250 for Fiscal Year 2021-22,as well as in-kind donations of supplies and volunteer support for Parks and Recreation Department programs and events, and amending the Parks and Recreation Department’s Fiscal Year 2021-22 Operating Budget pursuant to budget amendment #22.042. BACKGROUND/DISCUSSION The purpose of this staff report is to recommend that City Council authorize the acceptance of: 1.$2,250 from the San Mateo County Arts Grant Program for the Cultural Arts Program. 2.$2,000 from resident Mark Irving for the Aquatics Program. 3.In-kind donations for the 48th Annual Thanksgiving Fun Run from Genentech,Trader Joe’s,and O2Bodyfit, and a monetary donation in the amount of $1,000 from Kaiser Permanente. 4.In-kind donations for the Santa Comes to Town event from the South San Francisco Kiwanis Club,the South San Francisco Chamber of Commerce, and Torani. $2,250 from the San Mateo County Arts Grant Program for the Cultural Arts Program In early December,the Department received a notice from the San Mateo County Office of Arts and Culture that the Department’s General Support Grant application was awarded.The City has received $2,250 to support Cultural Arts Programs.The County advertised this grant opportunity as trust-based funding that provides grantees with the flexibility to use the funds in a way that makes the most sense for each arts organization and for greatest impact on overall organizational health and sustainability. In response to the grant application question about the three most urgent organizational concerns/needs related to the Cultural Arts Program, staff responded as listed below: 1.Post-COVID programming/initiatives: what to restore, modify, or add. 2.Having sufficient staff support to organize post-COVID programming/initiatives. 3.Seeking opportunities to foster and grow the local art community,especially in South San Francisco. While the Cultural Arts Program has a stable base of popular programs,COVID has opened the door to new opportunities and ideas to enhance the program.Since current funding is just sufficient to support traditional programming,this grant will give the organization some flexibility to innovate programs where the opportunity arises.Some examples include a Public Art Master Plan process expected to begin in 2022,more opportunities for performing artists,and a variety of ideas to engage the local art City of South San Francisco Printed on 3/16/2022Page 1 of 3 powered by Legistar™ File #:22-56 Agenda Date:1/26/2022 Version:1 Item #:8. community. This grant offers the Department some flexibility to innovate and enhance art programming to address these concerns. $2,000 from Mark Irving for the Aquatics Program The Department is thankful to have the support of Mark Irving,an avid swimmer at Orange Pool,through his donation of $2,000 designated for the Aquatics Program staff.Mr.Irving has expressed his appreciation of the hard work of the Aquatics staff and appreciates the variety of hours and programming available to the community throughout the day.He acknowledges the work ethic and dedication of the lifeguards who make the pool operation six days per week possible.Mr.Irving’s donation will go towards uniform upgrades for pool staff. In-kind donations for the 48th Annual Thanksgiving Fun Run from Genentech,Trader Joe’s,and O2Bodyfit, and a monetary donation in the amount of $1,000 from Kaiser Permanente The 48th Annual Thanksgiving Fun Run took place on Saturday,November 13,2021,starting and ending at 340 Point San Bruno Boulevard,on the Genentech Campus.The 5K run/walk had nearly 200 participants this year,and people of all ages enjoyed getting outdoors under beautiful weather conditions.The event’s annual sponsors help keep registration fees low by offsetting event costs. Genentech supported the event with an in-kind donation involving use of a parking lot on their campus to stage parking and the logistical set up of the event at the start/finish line.Trader Joe’s made an in-kind donation of 15 cases of water,and O2BodyFit donated two certificates for one month of free classes that were used as raffle prizes.Kaiser Permanente made a monetary donation of $1,000,which offset the cost of runner awards,raffle prizes, and snacks. In-kind donations for the Santa Comes to Town event from the South San Francisco Kiwanis Club,the South San Francisco Chamber of Commerce, and Torani On Sunday,December 5,2021,over 1,000 community members were treated to a special visit with Santa on the steps of City Hall.This free event was made possible thanks to community partners,the South San Francisco Kiwanis Club,the South San Francisco Chamber of Commerce,and Torani.The South San Francisco Kiwanis Club provided an in-kind donation of supplies to host a photo production (use of camera and printers,photo paper and ink,paper photo frames)accompanied by a tremendous volunteer effort from members to play the role of Santa,take photos,and assist with line management.Kiwanis Club volunteers also organized a STEM lab area for children to explore on the balcony of the Grand Library. The South San Francisco Chamber of Commerce contributed 400 candy canes to be distributed through a candy cane shoot crafted by Parks staff. Torani,despite no longer being headquartered in South San Francisco,once again sponsored the hot chocolate station providing cups, hot chocolate, and Torani flavored syrup for 1,000 guests. FISCAL IMPACT Receipt of these grants and donations have no impact to the City’s General Fund and will be used to offset the cost of recreation program opportunities. RELATIONSHIP TO STRATEGIC PLAN Acceptance of this funding will contribute to the City’s Strategic Plan under Priority #2 by helping to build a City of South San Francisco Printed on 3/16/2022Page 2 of 3 powered by Legistar™ File #:22-56 Agenda Date:1/26/2022 Version:1 Item #:8. Acceptance of this funding will contribute to the City’s Strategic Plan under Priority #2 by helping to build a robust recreation program. CONCLUSION Staff recommends that City Council adopt a resolution authorizing the acceptance of grants and donations from various community partners totaling $5,250 for Fiscal Year 2021-22,as well as in-kind donations of supplies and volunteer support for Parks and Recreation Department programs and events,and amending the Parks and Recreation Department’s Fiscal Year 2021-22 Operating Budget pursuant to budget amendment #22.042. The Parks and Recreation Department appreciates contributions from individual community members,local organizations,and County partners that help continue and enhance the Department’s mission to provide opportunities for physical,cultural and social well-being;protect and enhance the physical environment;and ensure the effective and efficient use of public facilities and open space. City of South San Francisco Printed on 3/16/2022Page 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 #:22-57 Agenda Date:1/26/2022 Version:1 Item #:8a. Resolution authorizing the acceptance of grants and donations from various community partners totaling $5,250 for Fiscal Year 2021-22,as well as in-kind donations of supplies and volunteer support for Parks and Recreation Department programs and events,and amending the Parks and Recreation Department’s Fiscal Year 2021-22 Operating Budget pursuant to budget amendment #22.042. WHEREAS,the Parks and Recreation Department (Department)received $2,250 from the San Mateo County Arts Grant Program for the Cultural Arts Program; and WHEREAS, the Department received $2,000 from Mark Irving for the Aquatics Program; and WHEREAS,the Department received in-kind donations for the 48th Annual Thanksgiving Fun Run from Genentech,Trader Joe’s,and O2Bodyfit,and a monetary donation in the amount of $1,000 from Kaiser Permanente; and WHEREAS,the Department received in-kind donations for the Santa Comes to Town event from the South San Francisco Kiwanis Club, the South San Francisco Chamber of Commerce, and Torani; and WHEREAS,the grant and donations are itemized in Exhibit A,and funds received will be used to amend Fiscal Year (FY)2021-2022 Operating Budget of the Parks and Recreation Department pursuant to budget amendment #22.042; and WHEREAS,the Parks and Recreation Department appreciates contributions from individual community members,local organizations,and County partners that help continue and enhance the Department’s mission to provide opportunities for physical,cultural and social well-being;protect and enhance the physical environment; and ensure the effective and efficient use of public facilities and open space. NOW,THEREFORE,BE IT RESOLVED that the City Council of the City of South San Francisco hereby accepts the grants and donations from various community partners totaling $5,250 for Fiscal Year 2021-22,as well as in-kind donations of supplies and volunteer support for Parks and Recreation Department programs and events,and amends the Parks and Recreation Department’s Fiscal Year 2021-22 Operating Budget pursuant to budget amendment #22.042. ***** City of South San Francisco Printed on 3/16/2022Page 1 of 1 powered by Legistar™ Exhibit A Parks and Recreation Department Grants/Donations for City Council Approval Fiscal Year 2021-2022 Report as of January 26, 2022 Donor/Grantee Program/Activity Amount San Mateo County Arts Grant Program Cultural Arts Program $2,250 Mark Irving Aquatics Program $2,000 Genentech Thanksgiving Fun Run In-kind: Use of Genentech parking lot to stage parking and the logistical set up of the Thanksgiving Fun Run at the start/finish line. Kaiser Permanente Thanksgiving Fun Run $1,000 Trader Joe’s Thanksgiving Fun Run In-kind: 15 cases of water O2Bodyfit Thanksgiving Fun Run In-kind: Two certificates for one month of free classes South San Francisco Kiwanis Club Santa Comes to Town In-kind: Supplies to host a photo production (use of camera and printers, photo paper and ink, paper photo frames) accompanied by a tremendous volunteer effort from members to play the role of Santa, take photos, assist with line management, and host a STEM lab. South San Francisco Chamber of Commerce Santa Comes to Town In-kind: 400 candy canes Torani Santa Comes to Town In-kind: Cups, hot chocolate, and Torani flavored syrup for 1,000 guests City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-40 Agenda Date:1/26/2022 Version:1 Item #:9. Report regarding approval of a resolution authorizing the acceptance of $5,000 in grant funding from Kaiser Permanente to support “Healthy Places for a Healthy City”,a community event that will fund a virtual fair that promotes healthy eating and active living and approving Budget Amendment 22.041.(Tamiko Huey, Management Fellow) RECOMMENDATION It is recommended that the City Council adopt a resolution authorizing the acceptance of $5,000 in grant funding from Kaiser Permanente to support “Healthy Places for a Healthy City” virtual community event and approving Budget Amendment 22.041. BACKGROUND/DISCUSSION The City has been awarded $5,000 in grant funding from Kaiser Permanente to support “Healthy Places for a Healthy City”, a virtual one-day community event that will promote healthy eating and active living in March, 2022. This virtual event will be open to all residents and hosted by the City Manager and Parks and Recreation department in partnership with Kaiser Permanente. This event’s goal is to increase nutrition and physical activity to improve health and prevent disease. FISCAL IMPACT Grant funds will be used to amend the City Manager Department’s FY 2021-2022 Operating Budget per Budget Amendment 22.041. Receipt of these funds does not commit the City to ongoing funding. RELATIONSHIP TO STRATEGIC PLAN Strengthening programs that support health, education, and social services outreach through a racial and social equity lens are embedded in the City’s Strategic Plan under #3 Quality of Life and #6 Community Connections. CONCLUSION Receipt of these funds will enable the City to host a virtual event that is COVID-19 safe and increases participant’s knowledge of nutrition and physical activity to improve health and prevent disease. It is recommended that the City Council accept $5,000 from Kaiser Permanente grant funding and approve Budget Amendment 22.041. City of South San Francisco Printed on 3/16/2022Page 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 #:22-62 Agenda Date:1/26/2022 Version:1 Item #:9a. Resolution authorizing the acceptance of $5,000 in grant funding from Kaiser Permanente to support “Healthy Places for a Healthy City,” a community event that will fund a virtual fair that promotes healthy eating and active living and approving Budget Amendment 22.041. WHEREAS, the City of South San Francisco has been awarded $5,000 in grant funding from Kaiser Permanente to support “Healthy Places for a Healthy City,” a virtual community event; and WHEREAS, the virtual event will be open to all residents and hosted by the City Manager and Parks and Recreation Departments in partnership with Kaiser Permanente; and WHEREAS, the goal of the event is to increase nutrition and physical activity in order to improve health and prevent disease; and WHEREAS, strengthening programs that support health, education, and social services outreach through a racial and social equity lens are embedded in the City’s Strategic Plan under Priority #3 Quality of Life and Priority #6 Community Connections; and WHEREAS, grant funds will be used to amend the Fiscal Year 2021-2022 Operating Budget per Budget Amendment 22.041. 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 Kaiser Permanente to fund the “Healthy Places for a Healthy City” virtual event, and approves Budget Amendment 22.041. ***** City of South San Francisco Printed on 3/16/2022Page 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 #:21-741 Agenda Date:1/26/2022 Version:1 Item #:10. Report regarding adoption of a resolution awarding a construction contract to Econolite Systems,Inc.of Anaheim,California,accepting an additional $1,600,000 in grant funding from the City/County Association of Governments (C/CAG),approving a contract amendment with Kimley Horn and Associates,and approving an Ownership,Operations,and Maintenance Agreement with City/County Association of Governments (C/CAG), all for the Smart Corridors South San Francisco Expansion Project (Project No.tr2002).(Bianca Liu,Senior Civil Engineer) RECOMMENDATION Staff recommends that the City Council adopt a resolution: 1)Awarding a construction contract to Econolite Systems,Inc.of Anaheim,California in an amount not to exceed $5,372,702 and authorizing a total construction contract authority budget of $5,909,972; 2)Approving Budget Amendment #22.043 accepting an additional $1,600,000 in grant funding from C/CAG for the Smart Corridors South San Francisco Expansion Project (Project No.tr2002,Bid No. 2547); 3)Approving a contract amendment with Kimley Horn and Associates for an additional $79,720,for an amount not to exceed $359,720 and authorizing a total contract authority budget of $395,692; and 4)Approving an Ownership,Operations,and Maintenance (OOM)Agreement with C/CAG,and authorizing the City Manager to execute agreements on behalf of the City. BACKGROUND/DISCUSSION The South San Francisco Smart Corridors Expansion Project (“Project”)is part of the overall countywide traffic management system Smart Corridors deployment. The Project is not a traditional project where physical roadway improvements are made,but an implementation of traffic management devices that will enable the City,state law enforcement agencies,and fire departments to proactively and cooperatively manage freeway and arterial traffic congestion during major freeway incidents. ITS infrastructure improvements fall under four categories:arterial management,incident management,traveler information, and transit management. The Project will extend the San Mateo County Smart Corridors program north to include routes located in the City and include:Airport Boulevard,Oyster Point Road,Gateway Boulevard and Grand Avenue (from the southern City limits to the Grand Avenue/Gateway Boulevard intersection).The project will also support the overall San Mateo County Smart Corridors program. The Project work includes the installation of: City of South San Francisco Printed on 3/16/2022Page 1 of 6 powered by Legistar™ File #:21-741 Agenda Date:1/26/2022 Version:1 Item #:10. -Directional (trailblazer) signs; -Fixed closed-circuit television cameras; -Arterial dynamic message signs; -Traffic signal controllers; -Microwave vehicle detection systems; and -Fiber optic cable communications connections. Because the Project will take place within the South San Francisco city boundary,the City will be the “Implementing Agency”leading the construction phase and administering the construction contract.However, C/CAG will remain as the overall “Project Sponsor”of the Smart Corridor Project and provide funding for the Project. I. Awarding the Project Construction Contract to Econolite Systems Inc. Overview of City’s procurement process The City’s procurement process is governed by both state and local law.In awarding contracts for professional services,equipment and supplies,the City has some latitude.State law requires the City to adopt regulations and policies to govern such service and supplies procurement,but otherwise provides the City flexibility in determining relevant requirements if they are consistent with applicable state law. (Gov. Code § 54202.) However,for construction contracts,such as for this Project,state law requires contracts for construction to be competitively bid pursuant to a set of specific,established rules.In particular,the City is required to award construction contracts to “lowest responsible bidder”after providing notice in accordance with law.(Pub. Contract Code §§20162,20164.)The bid award is determined based on cost,not on the difference between skills for each bidder. The City’s purchasing ordinance distinguishes between three primary types of procurement methods as follows: 1.Competitive Bidding for Construction Projects Public projects are specifically defined under the Public Contract Code,and generally involve any construction project that is paid with public funds or those projects involving improvements,demolition or other work on public property or facility.Public projects are required to be procured through competitive bidding and the City must award the contract to the lowest bidder whose bid complies with all of the City’s solicitation requirements and demonstrates that the bidder is able to perform the work. Under the City’s policy,different levels of competitive bidding are required depending on the dollar limit of the underlying project. For these contracts,cost is generally the sole determining factor,and the lowest responsible bidder is awarded the project even if another bidder appears to be more skilled but is more expensive. 2.Open Market Procedures for Vendors (Supplies and Equipment) Open Market Procedures is the City’s vendor selection process for purchase of goods,supplies,and professional services. These rules do not apply to and may not be used for public construction projects. Contracts for the purchase of goods and services that exceed $10,000 require staff to utilize open market procedures.If the contract is $25,000 or less,staff must obtain at least three quotes,which are informal City of South San Francisco Printed on 3/16/2022Page 2 of 6 powered by Legistar™ File #:21-741 Agenda Date:1/26/2022 Version:1 Item #:10. procedures.If the contract is $25,000 or less,staff must obtain at least three quotes,which are informal offers to perform work at a stated price.If the contract is greater than $25,000,staff will be required to solicit the project,such as issuing a Request for Proposals (“RFPs”)and obtain at least three written responses. Under this vendor selection process,cost can be only one factor in determining which vendor the City will ultimately select for services,equipment or supplies.This requirement is similarly reflected under SSFMC §4.04.080. Thus,when utilizing the open market vendor selection process,the City is focused on the skill,ability, and expertise of the entity or person to be able to provide the service,equipment or goods to the City. The selection is based on competence,professional qualifications,and overall value to the City with cost being only one factor in the determination of an award.For supplies and equipment contracts that receive federal funding,there are additional requirements that would be imposed as a part of funding or grant acceptance. 3.Open Market Procedures for Architectural and Engineering (A&E) Professional Services For certain professional services such as architectural,engineering,environmental,land surveying,or construction project management,the Government Code also specifically requires that such services not be awarded solely based on price,but instead based on demonstrated competence.(Gov.Code §4526.) Both the state law provision and the City’s policy reflect the legislative view that when acquiring such services the City does not necessarily receive the best value when it pays the lowest price.(See e.g. California Attorney General Op. No. 94-819 (February 9, 1995)). Current Procurement Type: Competitive Bidding for Construction Projects (Type 1 above) Staff advertised a notice inviting bids for the project on October 19 and October 26,2021.Staff conducted a mandatory pre-bid meeting on November 3,2021 with ten (10)contractors in attendance.On November 17, 2021,staff received four (4)bids in response to the advertisement.The lowest responsible bidder was Econolite Systems,Inc.of Anaheim,California.Staff has verified the low bidder’s current contractor’s license with the California State Licensing Board and found it to be in good standing. Public Works contracts are ordinarily awarded to the lowest responsible bidder whose bid is responsive to the solicitation (Public Contract Code §20162).There are no Disadvantaged Business Enterprise (DBE) requirements since no federal funds are being utilized on the Project. The following is a summary of the bids received: Base Bid Amount Econolite Systems, Inc.$5,372,702 W. Bradley Electric, Inc $5,846,915 St. Francis Electric, LLC $5,947,700 Mitchell Engineering $7,680,934 The project was advertised with a “Base Bid”schedule only.The selection of award of a contract is based on the lowest responsive bid for the Base Bid schedule. The lowest responsive bid for the civil work came in at approximately $1.2M or 29%over the engineer’s City of South San Francisco Printed on 3/16/2022Page 3 of 6 powered by Legistar™ File #:21-741 Agenda Date:1/26/2022 Version:1 Item #:10. The lowest responsive bid for the civil work came in at approximately $1.2M or 29%over the engineer’s estimate.The project team has evaluated the bids and believes that the cost variance is due to factors including current worldwide supply chain conditions,microchip shortage and overall recent inflationary conditions.The bulk of the $1.2M comes from the cost of field devices,such as traffic monitoring cameras and detection systems.It is also noteworthy that,from the Department of General Services,the California Construction Cost Index has increased by 15%since last year.High cost of materials,increased shipping costs,as well as shortages of labor, trucking and materials are all contributing factors. The Project team and C/CAG does not recommend re-advertising the project for a few reasons.It is likely that the supply chain crisis will take some time to get resolved and for material prices to eventually come down. There are also costs associated with re-advertising the project,including the costs of modifying the project design and addressing bidders’questions and making changes.With the recent passage of the infrastructure bill, it is expected that the construction industry will be overloaded in the very near future.The Project may have a challenging time attracting competitive bidders in the spring.Finally,if the Project is delayed with awarding the construction contract,state funding for the project can potentially be jeopardized.Staff recommends awarding the contract to the lowest responsive and responsible bidder Econolite Systems,Inc.at this time,and authorize a construction budget as follows: Econolite Systems. Inc. Construction Contract $ 5,372,702 Construction Contingency (10%)$ 537,270 Total Construction Contract Budget $ 5,909,972 The construction contingency will be used for any additional costs related to design changes during the construction operations. II. Accepting grant funds from C/CAG for the Project. C/CAG,as the funding agency for the Project,approved a project budget of $6.559M in January 2021.As shown in the “Fiscal Impact”section of this report,funding for this project budget are mostly provided by the State,and C/CAG is providing funds for the “local match”which was $0.917M.There is a current Funding Agreement between C/CAG and the City that memorializes C/CAG providing $0.917M for the Project. In December 2021,C/CAG’s Board of Directors approved increasing the C/CAG funding by $1.6M to cover the $1.2M related to the construction bids and $0.4M related to anticipated additional underground and integration costs,for a total construction budget of $8.159M (where the difference between C/CAG funding and total budget continues to be covered by State funding). Along with the award of the construction contract as described above, staff recommends accepting $1.6M from C/CAG and execute an amendment to the Funding Agreement with C/CAG to memorialize the increase in C/CAG funding. III. Kimley-Horn and Associates Contract Amendment Kimley-Horn and Associates is the City’s design engineer for the Smart Corridor Expansion Project.To date, they have provided professional services to complete the design,permitting and construction documents.As the Project transitions into the construction phase,staff recommend approving an amendment to Kimley-Horn and Associate’s contract to provide additional design support during construction.The additional design support would include items that require design engineer’s input that typically come up on these types ofCity of South San Francisco Printed on 3/16/2022Page 4 of 6 powered by Legistar™ File #:21-741 Agenda Date:1/26/2022 Version:1 Item #:10. support would include items that require design engineer’s input that typically come up on these types of construction projects including: -Up to 35 material submittal reviews -Up to 40 responses to contractor requests for information (RFIs) -Prepare up to seven (7) Construction Change Orders (CCOs) -Construction Record Drawings -Construction Field Visits The following details the project budget for Kimley Horn and Associates through design and construction: Original Consultant Services Budget $ 280,000 +Design Support During Construction $ 79,720 +Contingency (10%)$ 35,972 Total Project Design Amended Budget $ 395,692 The contingency for Kimley-Horn and Associates will be utilized for any unforeseen site conditions during construction requiring additional support to prepare responses for RFIs or CCOs. IV. Ownership, Operations, and Maintenance Agreement with C/CAG The Countywide Smart Corridors Project is a joint effort between Caltrans,C/CAG and the City/County Association of Governments (C/CAG)and Cities of San Mateo County to address traffic congestion on local streets and main arterials in San Mateo County.On September 25,2008,the City of South San Francisco executed a Memorandum of Understanding (MOU)with all participating parties in which the City agreed to work cooperatively and to provide input during the development of the Smart Corridors Project.The executed MOU addressed the general objectives and framework of the Smart Corridors Project and was not intended to commit any agency to funding,or long-term significant maintenance and operations responsibilities.As the Smart Corridor Project in SSF proceeds further,additional agreements are now being proposed to address specific responsibilities between SSF and C/CAG regarding various aspects of the Project in the city. This Ownership,Operation and Maintenance Agreement before the Council is between the City and C/CAG and outlines and defines the roles,responsibilities,terms,and conditions for the ownership,operation,and maintenance of equipment and components constructed as part of the Smart Corridors SSF Expansion.The division of responsibilities included in this agreement is similar to previous Smart Corridors segments. Listed below is a summary of responsibilities split between City and C/CAG: -The City will continue to own and maintain all upgraded city-owned equipment. -The City will own the new equipment located with the City right-of-way. -The City will be responsible for the electrical cost and graffiti removal of all equipment located within the City right-of-way. -C/CAG will responsible for maintenance of the new equipment. -The City will be responsible for protecting the new underground communication lines -The City will continue to operate all upgraded equipment during daily operations. During major traffic incidents along the 101,Caltrans will control traffic signals,cameras and directional signs. A separate agreement will be drafted between the City and Caltrans outlining operations of traffic cameras and City of South San Francisco Printed on 3/16/2022Page 5 of 6 powered by Legistar™ File #:21-741 Agenda Date:1/26/2022 Version:1 Item #:10. A separate agreement will be drafted between the City and Caltrans outlining operations of traffic cameras and directional signs during major traffic incidents. FISCAL IMPACT Adopting this resolution will have no fiscal impact to the City.This project is included in the City of South San Francisco’s Fiscal Year 2021-2022 Capital Improvements Program (Project No.tr2002)and is funded through State and County funding.Adopting this resolution will increase the amount of county funding by $1.6M, bringing the total construction budget to $8.16M.Both the design contract amendment and construction contract costs are included in the $8.16M construction budget. A breakdown for the project funding can be seen in the following table: State State Transportation Improvement Program $2.044M State Traffic Light Synchronization Program $3.598M C/CAG County Measure M $0.917M C/CAG (NEW)County Measure M $1.600M Total Construction Funding $8.16M C/CAG, as the project sponsor, is funding the project and will also be responsible for any cost overrun. RELATIONSHIP TO STRATEGIC PLAN Awarding this contract will contribute to the City’s Strategic Plan outcome of improved Quality of Life by providing traffic relief in that case of an accident along Highway 101 and supporting the overall Countywide Smart Corridors Program. CONCLUSION Staff recommends that City Council adopt a resolution a resolution approving Budget Amendment #22.043 accepting an additional $1,600,000 in grant funding from C/CAG,awarding a construction contract to Econolite Systems,Inc.of Anaheim,California in an amount not to exceed $5,372,702 and authorizing a total construction contract authority budget of $5,909,972,approving a contract amendment with Kimley Horn and Associates for an additional $79,720,for an amount not to exceed $359,720 and authorizing a total contract budget of $395,692,approving an Ownership,Operations,and Maintenance Agreement with C/CAG,and authorizing the City Manager to execute agreements on behalf of the City,all for the Smart Corridors South San Francisco Expansion Project (Project No. tr2002, Bid No. 2547). City of South San Francisco Printed on 3/16/2022Page 6 of 6 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-743 Agenda Date:1/26/2022 Version:1 Item #:10a. Resolution awarding a construction contract to Econolite Systems, Inc. of Anaheim, California, accepting an additional $1,600,000 in grant funding from C/CAG, approving a contract amendment with Kimley Horn and Associates and approving an Ownership, Operations, and Maintenance Agreement with City/County Association of Governments (C/CAG), all for the Smart Corridors South San Francisco Expansion Project (Project No. tr2002) WHEREAS, the South San Francisco Smart Corridors Expansion Project is part of the overall countywide traffic management system Smart Corridors deployment; and WHEREAS,the City issued a notice inviting bids for the project on October 19,2021,and October 26,2021, and received four (4) bid proposals in response; and WHEREAS,Econolite Systems,Inc.of Anaheim,California was the lowest responsible bidder and provided competitive unit prices; and WHEREAS,staff recommends awarding the construction contract to Econolite Systems,Inc.of Anaheim, California in an amount not to exceed $5,372,702;and authorizing a construction contract authority budget of $5,909,972; and WHEREAS,C/CAG,as the funding agency for the project,approved a project budget of $6.559M in January 2021, which is funded in part by the State and in part by C/CAG; and WHEREAS,C/CAG has provided $0.917M of funding pursuant to a Funding Agreement between the City and C/CAG; and WHEREAS,in December 2021,C/CAG’s Board of Directors approved increasing the C/CAG funding by $1.6M to cover the $1.2M related to the construction bids and $0.4M related to anticipated additional underground and integration costs for a total construction budget of $8.159M; and WHEREAS,staff recommends approving a Funding Agreement amendment with C/CAG accepting the additional $1.6M in funding for a total construction budget of $8.159M; and WHEREAS,staff recommends approving Budget Amendment #22.043 which would amend the fiscal year 2021/22 Capital Improvement Program to increase the Smart Corridors Expansion Project (tr2002)budget by City of South San Francisco Printed on 3/16/2022Page 1 of 3 powered by Legistar™ File #:21-743 Agenda Date:1/26/2022 Version:1 Item #:10a. $1.6M; and WHEREAS,Kimley-Horn and Associates is the City’s design engineer for the Smart Corridor Expansion Project; and WHEREAS,to date,they have provided professional services to complete the design,permitting and construction documents; and WHEREAS,staff recommend approving an amendment to Kimley-Horn and Associate’s contract to provide additional design support during construction for an additional amount of $79,720,for an amount not to exceed $359,720 and authorizing a total contract authority budget of $395,692; and WHEREAS,on September 25,2008,the City of South San Francisco executed a Memorandum of Understanding (MOU)between all participating parties in which the City agreed to work cooperatively and to provide input during the development of the Smart Corridors project; and WHEREAS,the executed MOU addressed the general objectives and framework of the Smart Corridors Project and was not intended to commit any agency to funding,or long-term significant maintenance and operations responsibilities,but particular agreement would be executed during the subsequent stages of the Project to set forth specific roles and responsibilities; and WHEREAS,as the Smart Corridor Project proceeds in SSF,the City and C/CAG have negotiated an Ownership,Operation and Maintenance Agreement outlines and defines the roles,responsibilities,terms,and conditions for the ownership, operation, and maintenance of equipment and components constructed as part of the Smart Corridors SSF Expansion; and WHEREAS,during major traffic incidents along the 101,Caltrans will control traffic signals,cameras and directional signs.A separate agreement will be drafted between the City and Caltrans outlining operations of traffic cameras and directional signs during major traffic incidents. NOW THEREFORE BE IT RESOLVED,that the City Council of South San Francisco hereby takes the following actions: 1.Awards a construction contract for the Smart Corridors Expansion Project to Econolite System,Inc.of Anaheim,California,in an amount not to exceed $5,372,702,authorizing a total construction contract authority budget of $5,909,972,conditioned on Econolite Systems,Inc.timely execution of the Project contract and submission of all required documents,including but not limited to,certificates of insurance and endorsement, in accordance with the Project documents. 2.Authorizes the City Manager to execute the construction contract,a draft of which is attached hereto as Exhibit A and incorporated herein,and to make any revisions,amendments,or modifications,deemed necessary to carry out the intent of this resolution which do not materially alter or increase the City’s obligations thereunder, subject to approval as to form by the City Attorney. 3.Approves a Funding Agreement amendment with City/County Association of Governments of San Mateo County (C/CAG)accepting an additional $1.6M C/CAG funding for the construction phase of City of South San Francisco Printed on 3/16/2022Page 2 of 3 powered by Legistar™ File #:21-743 Agenda Date:1/26/2022 Version:1 Item #:10a. Mateo County (C/CAG)accepting an additional $1.6M C/CAG funding for the construction phase of the Smart Corridors South San Francisco Expansion Project. 4.Authorizes the City Manager to execute the Funding Agreement amendment,a draft of which is attached hereto as Exhibit B and incorporated herein,and to make any revisions,amendments,or modifications,deemed necessary to carry out the intent of this resolution which do not materially alter or increase the City’s obligations thereunder, subject to approval as to form by the City Attorney. 5.Approves Budget Amendment #22.043 which would amend the Fiscal Year 2021/22 Capital Improvement Program to increase the Smart Corridors Expansion Project (tr2002) budget by $1.6M. 6.Approves a First Amendment with Kimley-Horn and Associates to the current consulting service agreement,increasing the not to exceed amount by $79,720,for an amount not to exceed $359,720 and authorizing a total contract authority budget of $395,692. 7.Authorizes the City Manager to execute the agreement amendment with Kimley-Horn and Associates,a draft of which is attached hereto as Exhibit C and incorporated herein,and to make any revisions, amendments,or modifications deemed necessary to carry out the intent of this resolution,which do not materially alter or increase the City’s obligations thereunder,subject to approval as to form by the City Attorney. 8.Approves executing an Ownership,Operations,and Maintenance Agreement with City/County Association of Governments (C/CAG)for the Smart Corridors South San Francisco Expansion Project (Project No. tr2002). 9.Authorizes the City Manager to execute the Ownership,Operations,and Maintenance Agreement with City/County Association of Governments (C/CAG),a draft of which is attached hereto as Exhibit D and incorporated herein,and to make any revisions,amendments,or modifications deemed necessary to carry out the intent of this resolution,which do not materially alter or increase the City’s obligations thereunder, subject to approval as to form by the City Attorney. BE IT FURTHER RESOLVED that the City Council of the City of South San Francisco authorizes the Finance Department to establish the Project Budget consistent with the information contained in the staff report and authorizes the City Manager to utilize unspent amount of the total Project,if necessary,towards the construction contingency budget. BE IT FURTHER RESOLVED that the City Council of the City of South San Francisco authorizes the City Manager to take any other related actions consistent with the intention of the Staff Report and Resolution. ***** City of South San Francisco Printed on 3/16/2022Page 3 of 3 powered by Legistar™ IT IS AGREED as follows: 1.Scope of Work. Contractor shall perform the Work described briefly as follows: The Work consists of the furnishing of all labor, materials, tools, equipment, and services necessary for the construction of the South San Francisco Smart Corridor; in accordance with the Contract Documents. Also included are any such other items or details not mentioned above that are required by the Contract Documents, which are to be constructed or furnished and i nstalled as shown on the plans, as specified herein and as directed by the Engineer. The aforementioned improvements are further described in the "Contract Documents" hereinafter referred to. 2.The Contract Documents. The complete Contract consists of the following documents: (A)Notice Inviting Bids (B)Part I – Submitted Proposal (as accepted) (C)This Agreement, including Contractor’s Payment Bond, Faithful Performance Bond and Guaranty Bond. (D)Part II – General Conditions 1.1The term "Contractor" as used herein is employed without distinction as to either number or gender and shall include whenever the context shall permit all agents, representatives, employees, servants, subcontractors and business or social invitees. Exhibit A FORM OF AGREEMENT FOR PUBLIC IMPROVEMENTS THIS AGREEMENT made and entered into this ____, day of ______, _____, between the CITY OF SOUTH SAN FRANCISCO, a municipal corporation and political subdivision of the State of California, hereinafter called “CITY”, and Econolite Systems, Inc., hereinafter called “CONTRACTOR”1. W I T N E S S E T H: WHEREAS, City has taken appropriate proceedings to authorize construction of the public work and improvements herein provided and execution of this contract. WHEREAS, a notice was duly published for bids for the contract for the improvements hereinafter described. WHEREAS, on ____________, notice duly given, the City Council (“Council”) of said City awarded the contract for the construction of the improvements hereinafter described to the Contractor, which Contractor said Council found to be the lowest responsible bidder for said improvements. WHEREAS, City and Contractor desire to enter into this agreement for the construction of said improvements pursuant to the terms, definitions, and conditions set forth in the General Provisions and other Contract Documents. (E) Part III – Special Provisions: Special Conditions and Technical Specifications, including State Standard Specifications dated 2018, sections 10-99, as revised in Revised Standard Specifications (RSS) dated April 16, 2021 (F) Part IV – Project Plans, approved September 20, 2021 (G) Administrative subsections of the State Standard Specifications dated 2018, as specifically referenced in contract Parts I-IV and as revised in RSS dated April 16, 2021 All rights and obligations of City and Contractor are fully set forth and described in the contract documents. All of the above-named documents are intended to cooperate, so that any work called for in one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents. The documents comprising the complete contract will hereinafter be referred to as “the Contract Documents.” 3. Equipment - Performance of Work. Contractor shall furnish all tools, equipment, apparatus, facilities, labor, and materials necessary to perform and complete in a good and workmanlike manner the Work of general construction as called for, and for the manner designated in, and in strict conformity with, the plans and specifications for said Work entitled: SMART CORRIDORS EXPANSION PROJECT The equipment, apparatus, facilities, labor, and materials shall be furnished and said Work performed and completed as required in said plans and specifications under the direction and supervision and subject to the approval of the Engineer of said City or the Engineer’s designated assistant. 4. Contract Price. City shall pay, and Contractor shall accept, in full payment for the Work agreed to be done the sum of __________________________________ ($). Said price is determined by the lump sum price contained in Contractor's bid proposal (“Bid”). The lump sum price and unit prices are set forth in the completed Bid forms attached hereto and made a part hereof as if set forth herein verbatim. In the event work is performed or materials furnished in addition to those set forth in Contractor's bid and the specifications herein, such work and materials will be paid for at the unit prices therein contained. Said amount shall be paid in installments as hereinafter provided. 5. Rights of City to Increase Working Days. If such Work is not completed within the time specified, the Engineer shall have the right to increase the number of working days in the amount i t may determine will best serve the interest of the City. If it desires to increase said number of working days, it shall have the further right to charge to Contractor and deduct from the final payment for the Work the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to Contractor and which accrue during the period of such extension, except that the cost of the final service and preparation of the final estimates shall not be included in su ch charges, provided, however, that no extension of time for the completion of such Work shall be allowed unless at least twenty (20) calendar days prior to the time herein fixed for the completion thereof or the time fixed by the Engineer for such completion as extended, Contractor shall have filed application for extension thereof, in writing with the Engineer. 6. Option of City to Terminate Agreement in Event of Failure to Complete Work. If at any time in the opinion of the Engineer, the Contractor has refused or failed to prosecute the Work or any severable part thereof, with such diligence as will insure its work, or any completion within the time specified, or any extensions thereof, or shall have failed to complete said work within such time, or if Contractor should be adjudged a bankrupt, or if Contractor should make a general assignment for the benefit of Contractor's creditors, or if a receiver should be appointed in the event of Contractor's insolvency, or if Contractor, or any Subcontractor, should violate any of the provisions of this Agreement, the Engineer may give written notice to Contractor, and Contractor's sureties of its intention to ter minate this Agreement, such notice to contain the reasons for such intention to terminate this Agreement, and unless within five calendar (5) days after the serving of such notice, such violation shall cease and satisfactory arrangements for the correction thereof be made, this Agreement may, at the option of City, upon expiration of said time, cease and terminate. Any excess of cost arising therefrom over and above the contract price will be charged against the Contractor and the Contractor’s sureties who will be liable therefore. In the event of such termination, all money due the Contractor or retained unde r the terms of this contract shall be forfeited to the City; but such forfeiture will not release the Contractor or the Contractor’s sureties from liability or failure to fulfill the contract. The Contractor and the Contractor’s sureties will be credited with the amount of money so forfeited toward any excess of cost over and above the contract price, arising from the suspension termination of the operations of the contract and the completion of the Work by the City as above provided, and the Contractor will be so credited with any surplus remaining after all just claims for such completion have been paid. In the determination of the question whether there has been any such noncompliance with the contract as to warrant the suspension termination or annulment thereof, the decision of the Engineer shall be binding on all parties to the contract. 7. Termination of Contract for Convenience. The City also reserves the right to terminate the contract at any time upon a determination by the Engineer in the Engineer's sole discretion that termination of the contract is in the best interest of the City. If the City elects to terminate the contract for convenience, the termination of the contract and the total compensation payable to the Contractor shall be governed by the following: (A) The City will issue the Contractor a written notice signed by the Engineer, specifying that the contract is terminated. Upon receipt of said written notice, the Contractor will be relieved of further responsibility for damage to the Work (excluding materials) as specified in Section VII-17, "Contractor's Responsibility for the Work," of the General Conditions and, except as otherwise directed in writing by the Engineer, the Contractor shall: (1) Stop all work under the contract except that specifically directed to be completed prior to acceptance. (2) Perform work the Engineer deems necessary to secure the project for termination. (3) Remove equipment and plant from the site of the Work. (4) Take such action as is necessary to protect materials from damage. (5) Notify all subcontractors and suppliers that the contract is being terminated and that their contracts or orders are not to be further performed unless otherwise authorized in writing by the Engineer. (6) Provide the Engineer with an inventory list of all materials previously produced, purchased or ordered from suppliers for use in the Work and not yet used in the Work, including its storage location, and such other information as the Engineer may request. (7) Dispose of materials not yet used in the Work as directed by the Engineer. It shall be the Contractor's responsibility to provide the City with good title to all materials purchased by the City hereunder, including materials for which partial payment has been made as provided in Section IX-2, “Progress Payments,” of the General Conditions and with bills of sale or other documents of title for such materials. (8) Subject to the prior written approval of the Engineer, settle all outstanding liabilities and all claims arising out of subcontracts or orders for materials terminated hereunder. To the extent directed by the Engineer, the Contractor shall assign to the City all the right, title, and interest of the Contractor under subcontracts or orders for materials terminated hereunder. (9) Furnish the Engineer with the documentation required to be furnished by the Contractor under the provisions of the contract, including, on projects as to which Federal and State funds are involved, all documentation required under the Federal and State requirements included in the contract. (10) Take such other actions as the Engineer may direct. (B) Acceptance of the contract as hereinafter specified shall not relieve the Contractor of responsibility for damage to materials. The Contractor shall continue to be responsible for damage to materials after issuance of the Notice of Termination, except as follows: (1) The Contractor’s responsibility for damage to materials for which partial payment has been made as provided in Section IX-2, “Progress Payments,” of the General Conditions and for materials furnished by the City for use in the Work and unused shall terminate when the Engineer certifies that such materials have been stored in the manner and at the locations the Engineer has directed. (2) The Contractor’s responsibility for damage to materials purchased by the City subsequent to the issuance of the notice that the contract is to be terminated shall terminate when title and delivery of such materials has been taken by the City. (3) When the Engineer determines that the Contractor has completed the Work under the contract directed to be completed prior to termination and such other work as may have been ordered to secure the project for termination, the Contractor will recommend that the Engineer formally accept the contract to the extent performed, and immediately upon and after such acceptance by the Engineer, the Contractor will not be required to perform any further Work thereon and shall be relieved of the Contractor's contractual responsibilities for injury to persons or property which occurs after the formal acceptance of the project by the Engineer. (C) Termination of the contract shall not relieve the surety of its obligation for any just claims arising out of the work performed. (D) The total compensation to be paid to the Contractor shall be determined by the Engineer on the basis of the following: (1) The reasonable cost to the Contractor, without profit, for all work performed under the contract, including mobilization, demobilization and work done to secure the project for termination. In determining the reasonable cost, deductions will be made for the cost of materials to be retained by the Contractor, amounts realized by the sale of materials, and for other appropriate credits against the cost of the work. When, in the opinion of the Engineer, the cost of a contract item of work is excessively high due to costs incurred to remedy or replace defective or rejected work, the reasonable cost to be allowed will be the estimated reasonable cost of performing such work in compliance with the requirements of the plans and specifications and the excessive actual cost shall be disallowed. (2) A reasonable allowance for profit on the cost of the work performed as determined under Subsection (1), provided the Contractor establishes to the satisfaction of the Engineer that it is reasonably probable that the Contractor would have made a profit had the contract been completed and provided further, that the profit allowed shall in no event exceed four (4) percent of said cost. (3) The reasonable cost to the Contractor of handling material returned to the vendor, delivered to the City, or otherwise disposed of as directed by the Engineer. (4) A reasonable allowance for the Contractor’s administrative costs in determining the amount payable due to termination of the contract. (5) A reasonable credit to the City for defective or incomplete work not corrected. All records of the Contractor and subcontractors necessary to determine compensation in accordance with the provisions of this Section 5 shall be open to inspection or audit by representatives of the City at all times after issuance of the Notice of Termination and for a period of three (3) years, thereafter, and such records shall be retained for that period. After acceptance of the Work by the Engineer, the Engineer may make payment s on the basis of interim estimates pending issuance of the Final Estimate in accordance with Section IX-7, “Final Payment,” of the General Conditions when, in the Engineer's opinion, the amount thus paid, together with all amounts previously paid or allowed, will not result in total compensation in excess of that to which the Contractor will be entitled. All payments, including payment upon the Final Estimate shall be subject to deduction for prior payments and amounts, if any, to be kept or retained unde r the provisions of the contract. If this contract is terminated by the City for cause, and it is later determined that the proper basis for a termination for cause did not exist, the termination shall be deemed to have been a termination for convenience and governed by the terms of this contract dealing with such termination. If the contract is terminated by the City for cause or convenience, such termination shall neither act as a waiver by the City of its right to require the Contractor to correct defects in the Work performed by the Contractor nor void any warranties applicable to the Work performed under the contract. The provisions of this Section 5 shall be included in all subcontracts. In the event of conflict between the termination provisions of this Section 8 and any other provision or the contract, this Section 5 shall prevail. 8. Performance by Sureties. In the event of any termination as herein before provided, City shall immediately give written notice thereof to Contractor and Contractor 's sureties and the sureties shall have the right to take over and perform the Agreement, provided, however, that if the sureties, within five (5) working days after giving them said notice of termination, do not give the City written notice of their intention to take over the performance of the Agreement and do not commence performance thereof within five (5) working days after notice to the City of such election, City may take over the Work and prosecute the same to completion by contract or by any other method it may deem advisable, for the account, and at the expense, of Contractor, and the sureties shall be liable to City for any excess cost or damages occasioned City thereby; and, in such event, City may, without liability for so doing, take possession of and utilize in completing the Work such materials, appliances, plant, and other property belonging to Contractor as may be on the site of the Work and necessary therefore. Should Contractor contract in an individual capacity, the surety bond shall contain the following provision: “Should Contractor contract in the Contractor’s individual capacity, the death of the Contractor shall not relieve the surety of its obligations.” 9. Hold-Harmless Agreement and Contractor's Insurance. Contractor agrees to, and shall, hold City, its elective and appointive boards, officers, agents, and employees harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage which may arise from Contractor's or any of Subcontractor's operations under this Agreement, whether such operations be by Contractor or by any Subcontractor or Subcontractors, or by any one or more persons directly or indirectly employed by, or acting as agent for, Contractor or any Subcontractor or Subcontractors. Contractor agrees to, and shall, defend City and its elective and appointive boards, officers, agents, and employees from any suits or actions at law or in equity for damages caused, or alleged to have been caused, by reason of any of the aforesaid operations, provided as follows: (A) The City does not, and shall not, waive any rights against Contractor which it may have by reason of the aforesaid hold-harmless agreement, because of the acceptance by City, or the deposit with City by Contractor, of any of the insurance policies hereinafter described in Paragraph 15, “Insurance” hereof. (B) That the aforesaid hold-harmless agreement by Contractor shall apply to all damages and claims for damages of every kind suffered, or al leged to have been suffered, by reason of any of the aforesaid operations of Contractor or any Subcontractor, regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 10. Insurance. The Contractor shall take out and maintain during the life of this Agreement the following policies of insurance: (A) Workers' Compensation and Employers' Liability Insurance providing full statutory coverage. In signing this Agreement, the Contractor makes the following certification, required by Section 1861 of the California Labor Code: "I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract". (B) Comprehensive General Liability Insurance. Public Liability Insurance (includes premises, elevator - if applicable, products, completed operations, personal injury and contractual): (1) Bodily Injury Liability: $ 500,000 each person $1,000,000 each occurrence (2) Property Damage Liability [includes XCU (explosion, collapse, and underground damage); water damage and broad form property damage or third party liability]: $ 500,000 per occurrence (C) Comprehensive Automobile Liability Insurance (includes owned, non-owned, and hired vehicles): (1) Bodily Injury Liability: $ 500,000 per person $1,000,000 each occurrence (2) Property Damage Liability: $ 500,000 each occurrence (D) It is agreed that the insurance required by Subsections B and C, in an aggregate amount of not less than ONE MILLION FIVE HUNDRED THOUSAND DOLLARS ($1,500,000), shall be extended to include as additional insured the City of South San Francisco, its elective and appointive boards, commissions, officers, agents, employees, with respect to operations performed by the Contractor, as described herein. Evidence of this insurance described above shall be provided to City upon execution of this Agreement and shall be subject to approval of the City Attorney as to form, amount , and carrier. The policy of insurance shall also contain a provision indicating that such insurance shall no t be reduced or cancelled except upon thirty (30) calendar days written notice to City. In addition, the following endorsement shall be made on said policy of insurance: "The following are named as additional insured on the above policies: The City of So uth San Francisco, its elective and appointive boards, officers, agents, and employees." "Notwithstanding any other provision in this policy, the insurance afforded hereunder to the City of South San Francisco shall be primary as to any other insurance or re-insurance covering or available to the City of South San Francisco, and such other insurance or reinsurance shall not be required to contribute to any liability or loss until and unless the approximate limit of liability afforded hereunder is exhausted." The above requirements that the City be named as additional insured, that the insurance shall be primary to any other, and that the insurance not be cancelled without notice, shall be provided in the form of an endorsement signed by an authorized representative of the insurance company providing coverage, who shall declare his or her authority to sign on behalf of the insurer. 11. Proof of Carriage of Insurance. Contractor shall furnish City through the Engineer, concurrently with the execution hereof, with satisfactory proof of carriage of the insurance required and that each carrier shall give City at least thirty (30) calendar days prior notice of the cancellation or change of any policy during the effective period of this contract. Further, if the Contractor’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. 12. Provisions Cumulative. The provisions of this Agreement are cumulative, and in addition to and not in limitation of, any other rights or remedies available to City. 13. Form FHWA 1273. For a Federal-aid contract, form FHWA-1273 is included in this Agreement as Attachment B. Comply with its provisions. Interpret the training and promotion section as specified in section 7-1.11A of the State Standard Specifications. 14. Federal Minimum Wage Rates – For a Federal-aid contract, federal minimum wage rates apply and are included in the Agreement as Attachment C. 15. Appendix E of the Title VI Assurances. For a Federal-aid contract, federal nondiscrimination requirements (entitled appendix R of the Title VI Assurances) apply and are incorporated into this Agreement as Attachment D. 16. Notices. All notices shall be in writing and delivered in person or transmitted by certified mail, postage prepaid. Notices required to be given to City shall be addressed as follows: City Clerk City Hall, 400 Grand Avenue South San Francisco, California 94080 Notices required to be given to Contractor shall be addressed as follows: _________________________________________________________________________ _________________________________________________________________________ Notices required to be given sureties of Contractor shall be addressed as follows: _________________________________________________________________________ Notices required to be given to the Escrow Agent of Contractor, if any, shall be addressed as follows: _________________________________________________________________________ 17. Interpretation. As used herein, any gender includes each other gender, the singular includes the plural, and vice versa. IN WITNESS WHEREOF, two (2) identical counterparts of this Agreement, consisting of twelve (12) pages (being pages A-1 through A-12), each of which counterparts shall for all purposes be deemed an original of said Agreement, have been duly executed by the parties hereinabove named, on the day and year first hereinabove written. CITY OF SOUTH SAN FRANCISCO, CONTRACTOR: A Municipal Corporation ____________________________________ ____________________________________ By:_______________________________ Mike Futrell, City Manager By:_________________________________ (If Contractor is an individual, so state. If Contractor is a Corporation, a corporate seal or signatures of the President or Vice President and the Secretary Treasurer are required). APPROVED AS TO FORM: ____________________________ City Attorney ATTEST: _______________________________ City Clerk ATTACHMENT A ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION THIS ESCROW AGREEMENT is made and entered into by and between the City of South San Francisco whose address is 400 Grand Ave., P.O. Box 711, South San Francisco, CA 94083, hereinafter referred to as "City," and ________________________________________,whose address is ___________________________________________________________, hereinafter called “Contractor” and ______________________________________________________________,whose address is ___________________________________________________________, hereinafter called “Escrow Agent.” For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as follows: 1. Pursuant to Section 22300 of the Public Contract Code of the State of California, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by Owner pursuant to the Construction Contract entered into between the Owner and Contractor for __________________ in the amount of _______________dollars ($_____) dated ___________ (hereinafter referred to as the “Contract”). Alternately, on written request of the Contractor, the Owner shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the Owner within 10 working days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the Owner and Contractor. Securities shall be held in the name of _______________, and shall designate the Contractor as the beneficial owner. 2. The Owner shall make progress payments to the Contractor for those funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the Owner makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until the time that the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the Owner pays the Escrow Agent directly. 4. Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the Escrow Account and all expenses of the Owner. These expenses and payment terms shall be determined by the Owner, Contractor, and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the Owner. 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from the Owner to the Escrow Agent that Owner consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The Owner shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven day’s written notice to the Escrow Agent from the Owner of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the Owner. 8. Upon receipt of written notification from the Owner certifying that the Contract is final and complete, and that the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. Escrow Agent shall rely on the written notifications from the Owner and the Contractor pursuant to Sections (5) to (8), inclusive, of this Agreement, and the Owner and Contractor shall hold Escrow Agent harmless from Escrow Agent’s release and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notice or to receive written notice on behalf of the Owner and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: On behalf of Owner: On behalf of Contractor: __________________________________ __________________________________ Title Title __________________________________ __________________________________ Name Name __________________________________ __________________________________ Signature Signature __________________________________ __________________________________ Address Address On behalf of Escrow Agent: __________________________________ Title __________________________________ Name __________________________________ Signature __________________________________ Address At the time the Escrow Account is opened, the Owner and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. Owner: Contractor: __________________________________ __________________________________ Title Title __________________________________ __________________________________ Name Name __________________________________ __________________________________ Signature Signature Approved as to form: Attest: _____________________________________ __________________________________ City Attorney Date City Clerk 1.The term of the Agreement, as provided in Section 2. Time of Performance, shall be extended through June 30, 2023. 2.Exhibit B, Funding Summary, shall be replaced in its entirety with a new Exhibit B, Revised Funding Summary, attached hereto and incorporated into the Agreement. 3.The recipient for communications at C/CAG stated in Section 20. Notices, shall be revised from Sandy Wong to Sean Charpentier. 8.Except as expressly amended herein, all other provisions of the Agreement shall remain in full force and effect. 9.This amendment shall take effect on December 10, 2021. SIGNATURES ON FOLLOWING PAGE Exhibit B AMENDMENT NO. 1 TO THE FUNDING AGREEMENT BETWEEN CITY/COUNTY ASSOCIATION OF GOVERNMENTS OF SAN MATEO COUNTY AND CITY OF SOUTH SAN FRANCISCO FOR CONSTRUCTION PHASE OF THE SMART CORRIDOR EXTENSION PROJECT WHEREAS, the City/County Association of Governments of San Mateo County (hereinafter referred to as “C/CAG,”) and the City of South San Francisco, a municipal corporation, (hereinafter referred to as “City”) are parties to an Agreement dated March 24, 2021, specifying each Party’s obligations and responsibilities for the construction phase of the Smart Corridor extension project in the City (hereinafter referred to as the “Agreement”); and WHEREAS, pursuant to the Agreement, C/CAG was to provide the City funding in an amount not to exceed $917,000 to cover project construction costs during the term of the Agreement, through June 30, 2022; and WHEREAS, the City advertised the construction contract on October 19, 2021 and bids came in higher than the total funding available; and WHEREAS, as the project sponsor, C/CAG has an interest in project completion and wishes to contribute additional funds to coverable reasonable cost increases; and WHEREAS, construction is not anticipated to begin until February 2022, concluding in December 2022; and WHEREAS, C/CAG and the City desire to amend the Agreement as set forth herein. IT IS HEREBY AGREED by C/CAG and the City as follows: CITY OF SOUTH SAN FRANCISCO CITY/COUNTY ASSOCIATION OF GOVERNMENTS OF SAN MATEO COUNTY By: By: Mike Futrell Marie Chuang City Manager Chair Approved as to Form: Approved as to Form: ______________________________ _________________________________ City Attorney Melissa Andrikopoulos Legal Counsel for C/CAG Exhibit B Revised Funding Summary Project Cost STIP Funds Other Local Funds (i.e. Measure M Vehicle Registration Fees) TLSP Funds Funding Total Component In thousands of dollars ($1,000) Construction $8,159 $2,044 $2,517 $3,598 $8,159 Total $8,159 $2,044 $2,517 $3,598 $8,159 Page 1 of 2 FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND KIMLEY-HORN AND ASSOCIATES THIS FIRST AMENDMENT TO THE CONSULTING SERVICES AGREEMENT is made at South San Francisco, California, as of __________by and between THE CITY OF SOUTH SAN FRANCISCO (“City”), a municipal corporation, and Kimley-Horn and Associates (“Contractor”), (sometimes referred together as the “Parties”) who agree as follows: RECITALS A. On __________________, City and Contractor entered that certain Consulting Services Agreement (“Agreement”) whereby Contractor agreed to provide project design, management, and related professional services for the Smart Corridor Expansion Project. 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 _____: Compensation. Section _____ of the Agreement shall be amended such that the City agrees to pay Contractor an additional sum of $79,720, for an amended total not-to-exceed amount of $359,720, with the understanding that up to $_________ 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. 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] Exhibit C Page 2 of 2 Dated: CITY OF SOUTH SAN FRANCISCO CONTRACTOR By: By: Mike Futrell, City Manager [NAME] Kimley-Horn and Associates Approved as to Form: By: City Attorney 1 of 8 OWNERSHIP, OPERATION, and MAINTENANCE AGREEMENT Between CITY/COUNTY ASSOCIATION OF GOVERNMENTS OF SAN MATEO COUNTY (C/CAG) and THE CITY OF SOUTH SAN FRANCISCO for the SAN MATEO COUNTY SMART CORRIDORS PROJECT This Agreement by and between the City/ County Association of Governments of San Mateo County, hereinafter referred to as “C/CAG”, and the City of South San Francisco, hereinafter referred to as “CITY,” is for the purpose of outlining and defining the roles, responsibilities, terms, and conditions for the ownership, operation, and maintenance of equipment and components that are incorporated and integrated into the San Mateo County Smart Corridors Project, hereinafter referred to as “Smart Corridors”, “Smart Corridors Project” or “the Project”. CITY and C/CAG are sometimes individually referred to as a “Party” and collectively referred to as “Parties”. RECITALS A.C/CAG and CITY entered into a prior Memorandum of Understanding (MOU), on September 15, 2008, acknowledging an agreement to work cooperatively to develop and implement the Smart Corridors Project. B.C/CAG and CITY entered into a Funding Agreement, on October 28, 2020, for the conduit purchase and installation for the Smart Corridors Project. C.This Agreement is intended to identify the overall commitment and responsibilities regarding ownership, operations, and maintenance of the Smart Corridors Project’s unique equipment located within the CITY right-of-way during day-to-day operations and during major traffic incidents, as applicable. D.The original Smart Corridors is located along predefined designated arterial routes, parallel and perpendicular to US-101, including and not limited to State Route (SR)-82 (El Camino Real) between Interstate 380 (I-380) and University Avenue in East Palo Alto. The expansion segments extend north along US-101 from I-380 to the San Francisco County line including South San Francisco and Brisbane and along I-280 from I-380 north to the San Francisco County line including Daly City and Colma. E.The Smart Corridors Project enables the Project stakeholders to implement traffic management strategies through the deployment of Intelligent Transportation System (ITS) elements along state routes and major local streets. F.In addition to CITY, other project stakeholders with access to selective Smart Corridors specific equipment currently include the Town of Atherton, City of Belmont, City of Brisbane, City of Burlingame, Town of Colma, City of Daly City, City of East Palo Alto, EXHIBIT D 2 of 8 City of Menlo Park, City of Millbrae, City of Redwood City, City of San Bruno, City of San Carlos, and City of San Mateo. These stakeholders, who are not signatories to this Agreement, have entered into or will enter into separate agreements with C/CAG for the maintenance and operation of Smart Corridors specific equipment located within their respective jurisdictional boundaries. G. Caltrans District 4, who will have full access to Smart Corridors equipment throughout the Project limits, who is not a signatory to this Agreement, will enter into a separate agreement with C/CAG for the maintenance and operations of the Smart Corridors. H. It is anticipated that Caltrans will enter into a separate agreement with CITY regarding the detailed operations of the Smart Corridors. AGREEMENT The Parties hereto agree as follows: The new Intelligent Transportation System (ITS) elements to be installed in either CITY or Caltrans right-of-ways for the Smart Corridors Project, as depicted more particularly in Exhibit A attached hereto and incorporated herein, and referred to as New Equipment, are the following equipment and components: • Directional signs (trailblazers and other) • Fixed or pan-tilt-zoom (PTZ) closed-circuit television cameras (CCTV) • Communication facilities (conduit, fiber, copper, wireless, software, and associated equipment) • Arterial changeable message signs (Arterial Dynamic Message Signs – ADMS) • Center-to-center communications between San Mateo County Hub (SMCHub) and District 4 Traffic Management Center (D4TMC) • Power supply line and equipment The following elements, located within CITY right-of-way, are considered existing CITY owned equipment that is being upgraded to meet the operational needs of the Smart Corridors, referred to as Upgraded Equipment: • Traffic signal controllers, cabinets, signal interconnect equipment, vehicle detection systems and signal operating software systems The New and Upgraded Equipment are sometimes collectively referred to as “Smart Corridor equipment” in this Agreement. When a major incident occurs on the US 101 such that capacity is severely reduced, it is anticipated that Caltrans will take over operations and control of both the New and Upgraded 3 of 8 Equipment. In the event that Caltrans does take over, such duration will be referred to as “during major traffic incidents” in this Agreement. Normal operations, without incidents, will be referred to as “during daily operations” in this Agreement. Pursuant to a separate C/CAG-CITY Agreement, CITY will advertise, award, and administer the construction contract for portions of the Smart Corridors Project located on local arterials within the CITY boundaries. Ownership 1. CITY shall continue to own the Upgraded Equipment located within CITY right-of-way, which were “Upgraded” by the Smart Corridor Project. 2. Upon completion of construction of the Smart Corridor Project, CITY shall own all New Equipment, which are, as listed above and shown in Exhibit A, the directional signs, CCTV cameras, communications (conduit, fiber, equipment), and vehicle detection system located within CITY right-of-way. Operations 1. CITY shall continue to operate the Upgraded Equipment located within City right-of-way at CITY’s expense during daily operations. 2. Caltrans will be responsible for operating the New Equipment during major traffic incidents and CITY shall not be responsible for such operation during major traffic incidents. C/CAG shall coordinate with Caltrans and undertake reasonable steps to ensure: (a) the New Equipment remains operational to the extent feasible; and (b) that the CITY will have the ability to access the New Equipment system and view full system vehicle detection data, during both daily operations and during major traffic incidents. The Parties acknowledge that control of the New Equipment during major traffic incidents will remain with Caltrans, but the CITY will have an opportunity to share control of the directional signs during daily operations under separate agreement with Caltrans. 3. The Parties acknowledge that additional agreements with Caltrans and possibly other municipalities may be necessary for operating Smart Corridors equipment located in the CITY limits during major traffic incidents. Both Parties agree to pursue such agreements as necessary. Maintenance 1. CITY shall maintain the Upgraded Equipment at CITY’s expense. 2. CITY shall assume the associated electrical utility costs of the New and Upgraded Equipment located within CITY’s right-of-way. 3. Except for communication facilities identified above, C/CAG shall maintain the New Equipment, including directional signs, CCTV cameras, and vehicle detection system and the ADMS signs, located within CITY’s right-of-way to the extent that funding is 4 of 8 available. Except for communication facilities, CITY will not be held responsible for maintenance of the New Equipment. Maintenance service for the New Equipment shall be scheduled by C/CAG at least on an annual basis. 4. C/CAG agrees to seek to secure the necessary funding required for maintaining the New Equipment (except for communication facilities) located within CITY’s right-of-way. 5. C/CAG will not pay for graffiti removal on Smart Corridor equipment within the CITY’s right-of-way. CITY shall be responsible for graffiti removal on facilities and equipment located within CITY’s right-of-way. 6. C/CAG agrees to obtain a maintenance contractor that specializes in ITS equipment for maintenance of the New Equipment. C/CAG or its maintenance contractor will obtain an encroachment permit from the CITY for work within the CITY’s right-of-way. 7. C/CAG shall serve as lead agency to administer the maintenance service contract or to oversee administration of the maintenance service contract for its Smart Corridor maintenance responsibility. C/CAG may assign this oversight and administration responsibility to an alternate entity with consent from CITY, which consent shall not be unreasonably withheld. 8. If CITY is aware of Smart Corridor equipment damage caused by a third party, CITY will notify and reasonably assist C/CAG in pursuing a claim against the offending party. 9. Maintenance activities described hereunder shall include but are not limited to the following tasks: adopt a performance-based approach, establish a proactive annual maintenance program, perform regular maintenance, repairs, and replacements; assure equipment is functioning properly. Maintenance programs established for the Smart Corridor equipment shall in no way be a standard of maintenance higher that that required by law. 10. For fiber conduits that do not interconnect signals, the City is responsible to protect the fiber communications lines by marking the location of these lines in the field during construction. The City will be responsible to repair any damage to the fiber communications lines caused by City Staff and contractors working for the City. The City will provide notice to C/CAG of any damage to fiber lines as soon as reasonably possible, but in no event more than two business days after City becomes aware of the damage. The City is also required to include the following language in any encroachment permits granted to any third party working in the City’s right of way. “Fiber optic communication lines are present in the City right of way. It is the responsibility of the contractor to protect the integrity of those fiber communication lines during construction. The contractor will be liable for all damages to the communication lines and the repair or restoration thereof. ” 11. For all fiber conduits not covered by Paragraph 10 above, the City is responsible to protect the fiber communications lines by marking the locations in the field during 5 of 8 construction. The City will be responsible to repair any damage to the communication lines caused by City staff, contractors working for the City, or any third party working under an encroachment permit issued by the City. 12. For any other communication facilities, the City shall maintain such facilities in a similar manner to that of other City-owned facilities in its ordinary course of municipal operations. Insurance During the term of this Agreement, both Parties shall ensure any Party or such Party’s contractors that is engaged in work on the Smart Corridors facility, at their respective sole cost and expense, furnish the other with certificates of insurance evidencing that they each have obtained and maintains insurance in the following amounts: A. 1. 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, completed operations and contractual liability coverage. 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. Effective Date and Term This Agreement shall be effective as of the _____ day of _________________, 2021 and continue until 2060, unless sooner terminated, or otherwise extended, by mutual consent of the Parties in writing. This Agreement may be modified only in writing and by mutual consent of both Parties. Indemnity and Hold Harmless 1. To the fullest extent permitted by law, each Party to this Agreement shall indemnify and save harmless the other Party and the other Party’s officers, agents, employees and representatives from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of the indemnifying Party or its officers, agents, employees and representatives. The foregoing indemnification obligation shall not apply to the extent that the injury, loss of life, damage to property, or violation of law arises from the negligence or willful misconduct of the indemnified Party and its officers, agents, employees and representatives, or that the actions of indemnifying Party or its officers, 6 of 8 agents, employees and representatives have contributed in no part to the injury, loss of life, damage to property, or violation of law. The duty to indemnify and save harmless as set forth by this Section shall include the duty to defend as set forth in Section 2778 of the California Civil Code. 2. This indemnification provision will survive termination or expiration of this Agreement. Notice All notices under this Agreement shall be in writing and shall be deemed validly given if sent by mail or national-recognized courier and shall be effective upon receipt. If any such notice or communication is not received or cannot be delivered due to a change in the address of the receiving party of which notice was not previously given to the sending party or due to a refusal to accept by the receiving party, such notice or other communication shall be effective on the date delivery is attempted. Notices should be addressed as follows: City of South San Francisco: City of South San Francisco Public Works Department 550 N. Canal South San Francisco, CA 94080 Attn: Public Works Director C/CAG: City/County Associations of Governments of San Mateo County 555 County Center Fifth Floor Redwood City, CA 94063 Attn: Executive Director Either Party may change the designated recipient of notices by so notifying the other Party in writing. Miscellaneous 1. Nothing in this Agreement is intended to create any rights in any third parties. 2. If any provision of this Agreement is determined by a proper court to be invalid, illegal or unenforceable, such invalidity, illegality, or unenforceable shall not affect the other provisions of this Agreement and this Agreement shall remain in full force an effect without such invalid, illegal, or unenforceable provision. 3. If either party institutes any action or proceeding to enforce any of the provisions of this Agreement, then the prevailing party in any such action or proceeding shall be entitled to receive from the losing party the prevailing part’s reasonable attorney’s fees and disbursements and costs incurred in connection with such action or proceeding. 7 of 8 4. Nothing contained in this Agreement is intended to create or shall in any event or under any circumstance be construed as creating a partnership or a joint venture between the Parties. 5. This Agreement shall benefit and bind the Parties and their respective permitted successors and assigns. This Agreement may be executed by electronic means and in counterparts, each of which shall be an original, but all of which shall constitute one and the same Agreement. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date set forth above AGREED AND EXECUTED BY: CITY OF SOUTH SAN FRANCISCO CITY/COUNTY ASSOCIATION OF GOVERNMENTS OF SAN MATEO COUNTY By: By: Mike Futrell, City Manager Sean Charpentier, Executive Director Date: Date: By: By: City Attorney Melissa Andrikopoulos, Counsel Date: Date: By: City Clerk Date: 5039304.1 8 of 8 Exhibit A City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-909 Agenda Date:1/26/2022 Version:1 Item #:11. Report regarding a resolution a First Amendment to the consulting services agreement with e-Builder Inc., extending the term until November 7,2025,and increasing the total not to exceed amount by $373,352 for capital project management software and support services.(Matthew Ruble, Principal Engineer) RECOMMENDATION It is recommended that the City Council adopt a resolution approving a First Amendment to the consulting services agreement with e-Builder Inc.,extending the term until November 7,2025,and increasing the total not to exceed amount by $373,352 for capital project management software and support services. BACKGROUND/DISCUSSION The Public Works Department is responsible for developing the annual Capital Improvement Program (CIP) and the successful implementation of its projects.At more than $280 million,the CIP is the largest and most diverse CIP in the City’s history. In 2017,City Council approved a consulting services agreement with e-Builder,Inc.for the purpose and implementation of e-Builder,a cloud-based capital project software suite focused on meeting the city’s needs managing and tracking projects of the city’s CIP.E-Builder provides a cloud-based management tool including, document control,communications,workflow processes,reporting,and dashboards allowing staff to better manage, deliver, and communicate the progress of the City’s CIP. Staff has fully integrated the e-Builder software into all CIP projects and finds it is an invaluable resource in the administration of the program.Staff recommends continuing the use of e-Builder beyond the terms of the original agreement,which expires in November 2022.Additionally,staff recommends amending the agreement before the November expiration to expand the current scope of services and take advantage of additional business intelligence reporting proposed by e-Builder. After consulting with staff on the needs and utilization of existing software,e-Builder is proposing expanded reporting capabilities to forecast CIP current and out-year expenditures more accurately and completely. Historically, these reports have been compiled manually and requires an inordinate amount of staff time. Section 8.3 of the existing agreement allows the City to extend the end date of the existing agreement,provided that both parties agree in writing. FISCAL IMPACT Funding exists within the Engineering operating budget and the CIP budget to account for ongoing expenditures.Expenditures are processed through the IT Department and charged back to the department as City of South San Francisco Printed on 3/16/2022Page 1 of 2 powered by Legistar™ File #:21-909 Agenda Date:1/26/2022 Version:1 Item #:11. expenditures.Expenditures are processed through the IT Department and charged back to the department as part of the annual operating budget. RELATIONSHIP TO STRATEGIC PLAN Approval of this action will contribute to the City’s Strategic Plan outcome of improved Quality of Life by improving the process by which the City maintains and improves infrastructure to serve the public. CONCLUSION Staff recommends that the City Council adopt a resolution approving a first amendment to the consulting services agreement with e-Builder Inc.,extending the term until November 7,2025,and increasing the total not to exceed amount by $373,352 for capital project management software and support services. Attachment: 1.Scope of Work - e-Builder Work Orders City of South San Francisco Printed on 3/16/2022Page 2 of 2 powered by Legistar™ E-BUILDER WORK ORDER THIS ADDENDUM dated: December 22, 2021 BETWEEN: e-BUILDER, INC. ("e-Builder") –and – City of South San Francisco, CA (“Customer”) WHEREAS, Customer wishes to amend their Master Services Agreement with e -Builder, Inc. dated 11/8/2017 to amend the Products and/or Services described below in this Work Order and Exhibit A to this Work Order. The terms of the Master Service Agreement apply to this Work Order unless otherwise stated below. In the event there is a conflict between the terms and conditions of any Associated Customer Purchase Order (PO) and this Work Order, the terms of this Work Order will take precedence. DESCRIPTION OF PRODUCTS AND/OR SERVICES One-Time Professional Services Scope: Phase & Deliverables Scope Comments Project Kickoff & Discovery Kickoff Discussion Included 1-2 weeks after Work Order execution Deliverable Schedule Included Defined during Kickoff Discussion The Parties agree at the time of this execution, the Project Configuration & Testing and Training below will be completed within ninety (90) days from the date of execution of this Work Order. Project Configuration & Testing Business Intelligence (BI) 6-BI Reports 6 Reports TBD During Discovery See Business Intelligence section found in Exhibit A of this Work Order for further information on Business Intelligence Redeployment of 1 Code Step 1 Code Step •Funding Source Scheduled Task Training Business Intelligence Training 1- Session Remote 4 days Duration/4 Users Maximum ATTACHMENT 1 Per the Business Intelligence Quick Start Training section found in Exhibit A of this Work Order INVESTMENT SUMMARY: The following details the Investment Summary for the One-Time Services fee and the additional fee to be added to Customer’s Annual Software Subscription. One-Time Professional Services Scope: $29,148.00 Additional Annual Software Subscription Item Annual Price Business Intelligence $10,000.00 Code Step Maintenance $582.00 Total Additional Annual Software Subscription $10,582.00 PAYMENT TERMS: Payment for One-Time Professional Services Scope shall be invoiced, and due and payable NET 45 days, as follows: (i) 50% due upon signed Work Order and (ii) 50% due upon completion of BI Training. Travel and Expenses: Travel is not expected for the scope of work described above. Thus, all work will be done by e-Builder remotely. If Customer requires that e-Builder travel, a separate Work Order will be executed to reflect the updated scope and pricing. Payment for Additional Annual Software Subscription is as follows: The Year 1 Fee for the Additional Annual Software Subscription in the amount of $10,582.00 will be pro-rated from 2/8/2022 through 11/7/2022 in the amount of $7,936.50 to coincide with the November anniversary date of the Customer’s existing Annual Software Subscription and is due and payable NET 45 days with the execution of this Work Order. The Year 2 Additional Annual Software Subscription will be invoiced with the Customer’s existing Annual Software Subscription upon the next renewal date of 11/8/2022. DESCRIPTION OF SUBSCIRPTION RENEWAL License Renewal: Customer will renew their existing unlimited e-Builder Enterprise licenses subscription at a cost of $85,095.78 based on an “Average Annual Capital Spend” of $35 million. “Annual Capital Spend” are the expenses incurred to demolish, plan, design, build, repair, remodel and furnish a building or site over a period of one year. The “Average Annual Capital Spend” is an average of the estimated next three completed fiscal years of the customers annual capital spend. e-Builder reserves the right to adjust the fee accordingly to align with the Customer’s actual average annual capital spend. Renewal of License Add-Ons: Customer will also renew their existing product add-on subscription of Business Intelligence. Total Annual Software Subscription: Customer’s Total Annual Software Subscription shall include: Year 1 11/8/2022 – 11/7/2023 Year 2 11/8/2023 – 11/7/2024 Year 3 11/8/2024 – 11/7/2025 Unlimited Licenses $85,706.88 $89,992.23 $94,491.84 Business Intelligence $10,500.00 $11,025.00 $11,576.25 Total Annual Software Subscription: $96,206.88 $101,017.23 $106,068.09 Term: The Renewal Term will be from 11/8/2022 to 11/7/2025 3 Year Term Fees Year 1 Total Subscription Fee $96,206.88 Year 2 Total Subscription Fee $101,017.23 Year 3 Total Subscription Fee $106,068.09 Total 3 Year Costs $303,292.20 Contingency 10%* $30,329.22 Total $333,621.42 *Customer wishes to add a Contingency amount for any follow up work during the Renewal Term. The Contingency amount shall not be used until a mutually agreed upon work order describing a scope of work and pricing is executed. Renewal Terms: The Annual Software Subscription will automatically renew at the end of each license term in increments of one-year periods unless e-Builder or Customer provides written notice of non-renewal at least sixty (60) days prior to expiration of the then -current term. Upon renewal, e-Builder has a right to increase license fees up to the greater of CPI plus two (2%) percent or five (5%) percent if the Annual Capital Spend stays constant. If the Annual Capital Spend increases, the Annual Software Subscription amount will change based on the tier level of Annual Capital Spend. Payment Terms: Payment for Year 1 is due on 11/8/2022, Payment for Year 2 is due on 11/8/2023, and Payment for Year 3 is due on 11/8/2024. Audit Rights: e-Builder will have the right, during normal business hours and upon at least five (5) days’ prior written notice, to have an independent firm audit the amount of Annual Capital Spend that the customer has incurred. The audit will be conducted at e-Builder’s expense, unless it reveals that Customer h as not complied in which case Customer will (i) reimburse e-Builder for all reasonable costs and expenses incurred by e-Builder regarding such audit; and (ii) pay e-Builder any annual license fee underpayment disclosed by the audit. Validity: This Work Order is effective until 2/28/2022. e-Builder has the right to not offer the products presented at the prices in this Work Order after 2/28/2022 Roadmap Disclaimer. CUSTOMER AGREES THAT IT’S PURCHASES ARE NOT CONTINGENT ON THE DELIVERY OF ANY FUTURE FUNCTIONALITY OR FEATURES, OR DEPENDENT ON ANY ORAL OR WRITTEN PUBLIC COMMENTS MADE BY TRIMBLE REGARDING FUTURE FUNCTIONALITY OR FEATURES. Termination: Customer may terminate the Annual Software Subscription for convenience on not less than sixty (60) days’ written notice to the other Party hereto. If Customer terminates for convenience, all fees properly due, but not paid, and all previously paid subscription fees (both used and unused) for the current contract year shall be non-refundable and forfeited. CLIENT INVOICING INFORMATION Billing Address: Attention: Email Address: Is there a PO required for invoicing? ______Yes ______No Associated PO#: __________________________ IN WITNESS WHEREOF e-Builder and Customer have executed this Agreement under the hand of its officer duly authorized in that regard on the date first written above. E-BUILDER, INC. Print Name: _______________________________ Signature: _______________________________ Title: _______________________________ Date: _______________________________ CUSTOMER: City of South San Francisco Print Name: _______________________________ Signature: _______________________________ Title: _______________________________ Date: _______________________________ Attn: Byron_Manuel_Valle@trimble.com Exhibit A Customer Responsibilities & e-Builder Assumptions for One-Time Professional Services The following responsibilities and assumptions are necessary for the successful completion of the scope of Work found in this Work Order. In the event that an item below does not occur in the manner or time-frame defined, e-Builder may request to meet with the Customer and mutually agree upon an adjustment to the schedule, work activities and fees. ● The Customer will make best efforts to ensure the committed participation of all appropriate technical and user personnel throughout the project, including but not limited to periodic status reviews. Customer resources provided during the technical and functional sessions must be empowered to make decisions on project direction. ● The e-Builder Professional Services team will work jointly with the Customer team to resolve all issues including those impacting the scope and timeline. Issues that may impact the progress and the schedule will be documented. If the issue is critical, e-Builder will present the issue to the Customer in writing as quickly as possible. Once the issue is presented in writing the Customer is expected to respond within two (2) business days. If the issue cannot be resolved within two days, they will notify e-Builder and arrange a meeting with all relevant personnel to resolve this issue. Failure to do so could impact the cost and schedule of the e-Builder implementation project. e- Builder may suspend the SaaS Services or terminate this Work Order unless Customer signs a Work Order providing for additional funding. For purposes of clarity, the delays covered by this Paragraph include only those for which Customer has discretion and control, and specifically excludes matters that are beyond Customer’s discretion and control. ● All necessary content (data, text and graphics) will be provided to e-Builder prior to the creative processes (if applicable). ● Unless specifically identified as deliverables within this document, Customer will enter any historical data from past projects to enable historical analysis. ● Unless specifically identified as deliverables within this document, data migration, system integrations or custom development of any kind is not included within the scope of the e -Builder implementation project. These items can be included through the change management process if identified as required items. ● All change requests received and approved will be listed on a separate Work Order. Each additional Work Order must be signed and accepted prior to initiating additional work by e-Builder. Either e-Builder or Customer may terminate these services with thirty (30) days’ written notice to the other Party hereto. If Customer terminates this work order, all earned but unpaid fees for Professional Services must be paid in full before the termination becomes effective. Earned fees represent the hours expended on the project through the date of termination. If Customer terminates this Work Order, any prepaid or properly due Additional Annual Software Subscription shall be non-refundable and forfeited. Business Intelligence Quick Start 4 Day Course: Business Intelligence (BI) Quick Start – e-Builder will deliver BI Quick Start training for Customer. Quick Start training consists of a series of prep calls and tasks to obtain and review Customer reports and dashboards prior to the remote training. To provide value, e-Builder will incorporate these Customer reports and dashboards into the training curriculum. The remote training will be delivered in four (4) days. The first two (2) days of BI Quick Start focus on training and knowledge development delivered through a series of interactive workshops. These workshops cover the basic and advanced level information and skills needed to successfully implement Business Intelligence Reporting and Dashboards. The last two (2) days of training provide the Customer the opportunity to leverage new skills with the guidance of e-Builder’s Professional Services team. The e-Builder team will assist in the development and deployment of BI reports and dashboards in the Customer’s e-Builder Enterprise Account. This process validates training comprehension with remote assistance as the Customer develops their BI reports and dashboards. If the Customer wants any specific reports or dashboards delivered by e -Builder, it is separate from the Quick Start training and will require a separate Work Order. Business Intelligence e-Builder Enterprise Business Intelligence Module put the power of graphical objects and detailed reports in a single solution. Its mission critical to improve decision making with real-time data that is available instantly. e-Builder’s Business Intelligence Reporting enables you to visualize performance of activities across your entire program, putting you in control of your operations so you can quickly and easily make decisions. This next generation of graphically rich dashboards and reports provides benefits to all users of e-Builder Enterprise. FOR EXECUTIVES • Insightful program performance and forecasts • Graphically summarize complex data quickly • Interactive, real-time answers about project & program status FOR ADMINS • Report across multiple e-Builder modules • Easily create dashboard reports with drag & drop fields • Combine graphical reports with tabular reports in one view FOR PROJECT MANAGERS • Automated report production gets more time back in your day • Visually analyze data in an easy-to-read manner • Create compelling project status reports everyone can trust City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-910 Agenda Date:1/26/2022 Version:1 Item #:11a. A resolution amending the consulting services agreement with e-Builder Inc.,extending the term until November 7,2025 and increasing the total not to exceed amount by $373,352 for capital project management software and support services WHEREAS,in 2017 the City entered into a consulting services agreement with e-Builder,Inc.for the purpose and implementation of e-Builder,a cloud-based capital project software suite focused on meeting the city’s needs managing and tracking projects of the City’s Capital Improvement Program (CIP); and WHEREAS, the current agreement expires on November 7, 2022; and WHEREAS,staff has fully integrated the e-Builder software into all CIP projects and finds it is an invaluable resource in the administration of the program; and WHEREAS,staff recommends amending the existing scope of services to provide for additional support and reporting services, referred to as “business intelligence”; and WHEREAS, staff requests to extend the agreement as provided for in Section 8.3 of the current agreement; and WHEREAS,an additional $373,352 of contract authority is necessary in order to extend the agreement until November 7, 2025; and WHEREAS, the not to exceed amount for the agreement is amended to $989,668. NOW,THEREFORE,BE IT RESOLVED,by the City Council of the City of South San Francisco that the City Council hereby approves a First Amendment to the consulting services agreement,attached hereto and incorporated herein as Exhibit A,with e-Builder,Inc.of Plantation,Florida,increasing the contract by $373,352 to an amount not to exceed $989,668, for capital project management software and support services. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the first amendment to the consulting services agreement contract in substantially the same form as Exhibit A and any other related documents on behalf of the City upon timely submission by e-Builder,Inc.of the signed contract amendment and all other documents, subject to approval by the City Attorney. BE IT FURTHER RESOLVED that the City Council authorizes the City Manager to take any other related actions consistent with the intention of the associated staff report and this resolution. City of South San Francisco Printed on 3/16/2022Page 1 of 2 powered by Legistar™ File #:21-910 Agenda Date:1/26/2022 Version:1 Item #:11a. ***** City of South San Francisco Printed on 3/16/2022Page 2 of 2 powered by Legistar™ FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND E-BUILDER, INC. THIS FIRST AMENDMENT TO THE CONSULTING SERVICES AGREEMENT is made at South San Francisco, California, as of _________ by and between THE CITY OF SOUTH SAN FRANCISCO (“City”), a municipal corporation, and E-Builder, Inc. (“Contractor”), (sometimes referred together as the “Parties”) who agree as follows: RECITALS A. On ____________, City and Contractor entered that certain Consulting Services Agreement (“Agreement”) whereby Contractor agreed to ____________________. 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 ______________ end date for the term of services identified in Section 1 of the Agreement is hereby replaced with ____________. 3.Section ____: Compensation. Section ____ of the Agreement shall be amended such that the City agrees to pay Contractor a sum not to exceed $ _____________, with the understanding that up to $___________ (fill in amount of actual payment made, if any) 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] Exhibit A Dated: CITY OF SOUTH SAN FRANCISCO E-BUILDER, INC. By: By: City Manager Approved as to Form: By: City Attorney Exhibit B City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:17-955 Agenda Date:11/8/2017 Version:1 Item #:2. Report regarding a resolution approving a consulting services agreement with e-Builder Inc. of Plantation, Florida, for a five year term in a total not to exceed amount of $616,316 for capital project management software, amending the Fiscal Year 2017-18 Capital Improvement Program, appropriating a project budget of $249,166, and approving budget amendment 18.012.(Justin Lovell, Public Works Administrator) RECOMMENDATION It is recommended that the City Council adopt a resolution approving a consulting services agreement with e-Builder Inc. of Plantation, Florida, for a five year term in a total not to exceed amount of $616,316 for capital project management software, amending the Fiscal Year 2017-18 Capital Improvement Program, appropriating a project budget of $249,166, and approving budget amendment 18.012. BACKGROUND/DISCUSSION The Public Works Department is responsible for developing the annual Capital Improvement Program (CIP) and the successful implementation of its projects. The current CIP budget is more than $83 million, the largest and most diverse CIP in the City’s history. Current CIP projections anticipates the CIP growing in size and complexity over the next five years and staff is looking for a more efficient and collaborative project delivery process. The current process for project delivery includes numerous discrete processes that take place in unlinked databases and programs for each phase of a project from initial inception, budget establishment, design, construction, administration, and accounting. It is estimated that inefficiencies in this system currently represent a loss of 50 staff hours per month. While the current practices and staff facilitate successful completion of projects, the increased complexity and volume of projects (over 80) become difficult to manage in a paper, individual file-based fashion. Staff feels that it is necessary to utilize current software technology to help efficiently and accurately manage the CIP process from forecasting, scheduling, document control, workflow, and communication management. Needs Assessment Staff assessed the current practices and processes associated with the administration, management, and documentation of the current CIP project delivery system, and has determined that a software as a service (SaaS or internet-based software) would provide a great improvement in all aspects of the CIP project delivery system. Modern project management software increases accessibility to all users, allows for real-time updates via mobile devices in the field, tracks tasks, scheduling, and creates an organized system for all correspondences and documents for future reference. Additional needs include a platform that will allow for the incorporation of fund budgeting structure and mirror current accounting practices. Basic elements of the software include hosting a document repository with a single version of project documents, ability to track and City of South San Francisco Printed on 1/18/2022Page 1 of 5 powered by Legistar™ Exhibit C File #:17-955 Agenda Date:11/8/2017 Version:1 Item #:2. software include hosting a document repository with a single version of project documents,ability to track and store all communications,provide options for exporting documents,standardizing workflow processes, scheduling, program management, and providing integrated reporting and dashboards. Evaluation The research,evaluation,and selection process consisted of two phases.In phase one,staff used the needs assessment to research capital project management software platforms and performed an initial screening of nine firms to further evaluate based on City’s needs. ·Aconex ·Buildertrend ·CM Fusion ·e-Builder ·E Sub Construction Software ·Premier Construction Software ·Primavera by Oracle ·Procore ·ProjectWise by Bentley Upon review of the nine capital project management software firms,staff shortlisted three firms and invited the firms to provide a proposal and demonstration addressing the City’s requirements..On August 11,2017,the three firms presented their capital project management software product. The three shortlisted firms included: ·Procore Technologies, Incorporated of Carpinteria, CA; ·Bentley Systems, Incorporated (ProjectWise) of Exton, PA; and ·e-Builder of Plantation, FL There are not many comparable capital project management software available,as each capital project management software has a specialty niche.Staff invited a range of capital project management software firms in order to see if the Public Works Department’s needs could be met with any range of capital project management software.Each of the three shortlisted software firms that were selected had specialty niches with regards to capital project management.Procore Technologies specializes in the contractors’side construction management,focusing on the contractor/subcontractor relationship.Bentley Systems Project Wise specializes in document management and scheduling for the design consultant.e-Builder specializes in owner-centric capital project management including budget forecasting. In phase two,staff reviewed the functional capabilities,technical requirements,ease of use,support and maintenance practices for each of the software providers during the proposal presentations.The evaluation committee was comprised of eight members of staff from the following departments:Public Works,Parks and Recreation, and Finance Department: City of South San Francisco Printed on 1/18/2022Page 2 of 5 powered by Legistar™ File #:17-955 Agenda Date:11/8/2017 Version:1 Item #:2. ·Administrative Assistant I ·Administrative Assistant II ·Financial Services Manager ·Management Analyst I ·Parks Manager ·Principal Engineer ·Public Works Administrator ·Senior Civil Engineer Staff evaluated each software firm against the specific needs for managing and documenting capital projects (See Attachment 1).Selection of a software firm and consulting services is not based on the lowest bidder,but on the firm’s expertise,experience and references.Once the most qualified firm is determined,staff negotiated the scope and fee proposal and any changes deemed necessary to obtain reasonable cost for the scope of work. After the software demonstrations,staff asked the three firms to provide bids based on the City’s stated requirements.Bentley Systems Incorporated did not provide a quote and was deemed unresponsive.Procore Technologies quoted an annual software subscription of $53,000.Procore Technologies did not offer implementation and development services.e-Builder provided a quote for implementation,training and annual software subscription that staff negotiated to $166,775 for implementation and development services and a fixed price of $82,391 for the first three years of plus a five percent escalation for years four and five. The evaluation committee unanimously selected e-Builder as the capital project management software that could best address the needs for managing the Capital Improvement Program.Out of 100 possible points,the average cumulative score awarded to e-Builder was 91.75.The scores for the unselected providers were 73.5 and 75.5. Pursuant to South San Francisco Municipal Code section 4.04.080(a)(3)(A),agreements for professional services,personal services,and/or specialized,the skill,ability,and expertise of the entity performing the services is a key component of the selection criteria.Accordingly,theselection process for the new Capital Improvement Program management software was based on demonstrated competence,overall value to the city, and on the professional qualifications of the proposers.Cost was only one factor in determining the preferred vendor.Based on the results of the evaluation criteria described above,e-Builder received the highest evaluation score. As part of the evaluation,staff conducted a reference check with a local e-Builder user,the City of Sunnyvale. Public Works staff visited the City of Sunnyvale to hear firsthand the e-Builder implementation experience and how the software works for a local government agency.Sunnyvale staff recommended e-Builder for use in CIP management.Since Sunnyvale implemented e-Builder,they have been able to streamline internal process workflows,improve CIP project delivery productivity,more easily produce status updates and reports for their city council and the Sunnyvale community,and meet reporting requirements of various permitting agencies and City of South San Francisco Printed on 1/18/2022Page 3 of 5 powered by Legistar™ File #:17-955 Agenda Date:11/8/2017 Version:1 Item #:2. grant fund agreements. e-Builder e-Builder provides a fully-integrated,owner-centric,cloud-based capital project software focused exclusively on meeting the needs of facility owners and construction professionals.e-Builder is used in over 30 states with more than 400 clients and 20,000 users in the university,health care,and government sectors (see attachment 2 for a company profile). Staff recommends purchasing e-Builder capital project management software to provide a tool for the delivery of CIP projects.As consultants are hired to augment engineering staff and provide support for project delivery, it is important to have consistent documentation procedures as well as allow key staff the ability to access all project information real-time.e-Builder provides a cloud-based management tool including,document control, communications,workflow processes,reporting,and dashboards that will help staff better manage,deliver,and communicate the progress of the City’s large CIP internally to executive staff,the City Council,and South San Francisco community. FISCAL IMPACT e-Builder implementation,development,and ongoing annual licensing costs will paid from the Capital Improvement Program budget,and the funds already appropriated for capital project management software. The total not-to-exceed amount for a five year term is $616,316. The year one costs for e-Builder is as follows: One-time implementation & development services $166,775 Annual software subscription $ 82,391 Total Year One Costs:$249,166 Staff is proposing to add a CIP project to manage the implementation and development of e-Builder.By creating a unique CIP project for the e-Builder implementation,staff can draw remaining appropriation from completed projects and already budgeted funds for construction management software.Staff is recommending transferring funds from the following projects into the new Capital Improvement Program Software project: Project/Line Item Amount Funding Source Engineering Operating Budget $ 75,000 General Fund pf1702 FS63 Rollup Door $ 36,089 General Fund pf1406 Corp Yard Soil Stockpile Covers $ 15,346 Storm Water sd1401 Storm Drain Trash Capture Device $ 68,182 Solid Waste Fund ss1016 GIS Mapping $ 19,447 Sewer Fund ss1306 Flow Monitoring $ 5,383 Sewer Fund ss1501 Turbo Blower#2 $ 29,719 Sewer Fund Total $249,166 City of South San Francisco Printed on 1/18/2022Page 4 of 5 powered by Legistar™ File #:17-955 Agenda Date:11/8/2017 Version:1 Item #:2. The ongoing annual subscription fee will be applied and charged proportionally as a project management expense to active CIP projects.The average cost per project for e-Builder will be $500-$1,500,which equates to approximately 3-10 hours of staff time for project management.The costs for annual software subscription for years two through five is as follows: Year two: Annual Software Subscription $ 82,391 Year three: Annual Software Subscription $ 82,391 Year four: Annual Software Subscription $ 86,511 Year five: Annual Software Subscription $ 86,511 CONCLUSION Implementing capital project management software provides an additional management tool for staff to be more efficient,accurate and productive for CIP project delivery.Staff recommends that the City Council amend the Fiscal Year 2017-18 CIP and adopt a resolution approving an agreement with e-Builder of Plantation, Florida,in a not to exceed amount of $616,316 (including 5%contingency $26,346),for a term of five years, for Capital Improvement Program management software. Attachments: 1.Evaluation Score Sheet 2.e-Builder Information Sheet 3.PowerPoint Presentation e-Builder City of South San Francisco Printed on 1/18/2022Page 5 of 5 powered by Legistar™ Capital Improvement Program SoftwareCity Council November 8, 2017 $83.6 million CIP and growing  Public Facilities,  12,165,000 Parks,  2,162,000 Storm Drains,  1,768,000 Sanitary Sewer,  36,905,000 Streets,  23,651,000 Traffic,  6,996,000  Project management processes can improve•CIP is growing in size and complexity•Consultants supplement Engineering staffing •Remove information silos•Facilitate and document communication sharing Qualifications and needs based procurementIdentify needs  Review Qualifications Shortlist firmsEvaluation and RatingFirm SelectionScope and Negotiation e‐Builder owner‐centric software Recommendation•Amend FY 2017-18 CIP o$249,166 for implementation and first year software subscription•Award five-year agreement to e-Builder not to exceed $616,316 Questions City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-44 Agenda Date:1/26/2022 Version:1 Item #:12. Report regarding a third public hearing to receive a report from the city’s demographer,National Demographic Corporation (NDC)regarding the redrawing of district maps for the City of South San Francisco.(Rosa Govea Acosta, City Clerk and Kristen Parks, National Demographics Corporation) RECOMMENDATION It is recommended that the City Council:1)receive a report from the City’s demographer,National Demographic Corporation (NDC),who has prepared several draft district maps;and 2)conduct a third public hearing to receive public input. BACKGROUND/DISCUSSION Every ten years,cities with by-district election systems must use new census data to review and,if needed, redraw district lines to reflect how local populations have changed.This process,called redistricting,ensures all districts have nearly equal population.The redistricting process for the City of South San Francisco must be completed by April 17, 2022. The city adopted its current district boundaries on July 11,2018,based on 2010 census data as required by law. Once the data is evaluated,and if found to be imbalanced,the city must redraw districts in compliance with the FAIR MAPS Act adopted by the California legislature as AB 849 and took effect January 1, 2020. Under the Act,the council must draw and adopt boundaries using the following criteria in the listed order of priority (Elec. Code §21601) for general law cities: 1. Comply with federal requirements of equal population and the Voting Rights Act. 2. Geographically contiguous. 3. Undivided neighborhoods and “communities of interest”. 4. Easily identifiable boundaries. 5. Compact (do not bypass one group of people to get to a more distant group of people). 6. Shall not favor or discriminate against a political party. By law,the city must hold at least four public hearings,at an affixed time,to inform the public about the process and solicit community member input before adopting a final map: ·At least one public hearing before Council draws a map; ·At least two public hearings must happen after Council draws a map; ·At least one hearing, or workshop/community meeting, must be held on a Saturday or Sunday. The public is requested to provide input regarding communities of interest and other local factors that should be considered while drafting district maps.A community of interest under the relevant Elections Code for cities (Section 21601(c),21621(c))is a “population that shares common social or economic interests that should be included within a single district for purposes of its effective and fair representation.”Possible features defining City of South San Francisco Printed on 3/16/2022Page 1 of 3 powered by Legistar™ File #:22-44 Agenda Date:1/26/2022 Version:1 Item #:12. community of interest might include, but are not limited to: · School attendance areas; · Natural dividing lines such as major roads, hills, or highways; · Areas around parks and other neighborhood landmarks; · Common issues, neighborhood activities, or legislative/election concerns; and · Shared demographic characteristics, such as: -Similar levels of income, education, or linguistic isolation; -Languages spoken at home; and -Single-family and multi-family housing unit areas. On April 22,2021,the city entered into an agreement with National Demographics Corporation (NDC)to guide and support the City Council through the redistricting process.NDC presented the information to Council on June 9,2021,and on June 23,2021,the City Council chose to continue the redistricting process without a commission.On October 13,2021,NDC presented the 2020 final Census Data for the City of South San Francisco. The City Council held its first and second public hearings on July 14,2021,and December 1,2021, respectively, to receive community input regarding district boundaries and solicit draft maps. Redistricting Schedule Date Details January 18, 2022 Final deadline to submit maps for consideration January 26, 2022 3rd Public Hearing to discuss and revise draft maps February 23, 2022 4th Public Hearing to discuss and revise draft maps March 9, 2022 Adopt final map as ordinance November 8, 2022 District election with new districts Community members that require translation services,including American Sign Language,may solicit these services in advance (72-hours) to the City Clerk's office. MAPPING TOOLS Paper maps for community members to submit are available online and at City Libraries,City Hall,and the Municipal Services Building.NDC launched DistrictR mapping tool,that enables residents to draw neighborhood and "community of interest"boundaries in the comfort of their homes.All draft maps received by the established deadline of Tuesday,January 18,2022,were posted on the city’s Redistricting website for public viewing. NEXT STEPS The City Council will conduct the third Public Hearing tonight to seek additional public input. FISCAL IMPACT There is no fiscal impact associated with holding this public hearing. City of South San Francisco Printed on 3/16/2022Page 2 of 3 powered by Legistar™ File #:22-44 Agenda Date:1/26/2022 Version:1 Item #:12. CONCLUSION It is recommended that the City Council:1)receive a report from the City’s demographer,National Demographic Corporation (NDC),who has prepared several draft district maps;and 2)conduct a third public hearing to receive public input. ATTACHMENTS 1. NDC District Elections Presentation City of South San Francisco Printed on 3/16/2022Page 3 of 3 powered by Legistar™ January 26, 2022 1 Redistricting Public Hearing #3 Kristen Parks, National Demographics Corp. City of South San Francisco January 26, 2022 2 Date Event April 11, 2018 Council passed resolution to change to district elections July 11, 2018 Council passed ordinance approving new district boundaries 2020 First by-district elections in two districts 2021 -2022 Districts must be reviewed following 2020 Census Nov. 2022 First by-district elections in remaining three districts South San Francisco’s Transition to Districts 3 Current District Map (2018) January 26, 2022 4 Redistricting Timeline Date Event July 14, 2021 1st Public Hearing August 12,2021 Census Bureau released 2020 population counts September 27, 2021 California released official adjusted population data December 1, 2021 2nd Public Hearing/Community Workshop January 18, 2022 Deadline for public map submissions January 26, 2022 3rd Public Hearing February 23, 2022 4th Public Hearing April 17, 2022 Legal deadline to adopt new map January 26, 2022 5 Legal Requirements & Other Goals 1.Ensure geographic contiguity 2.Minimize division of neighborhoods & “communities of interest” 3.Create easily identifiable boundaries 4.Maintain compactness Do not “favor or discriminate against a political party” Ensure equal population Comply with federal Voting Rights Act Prevent racial gerrymandering 3. Other Goals2. California Law May include… •Minimize changes to election cycles •Preserve core of existing districts 1. Federal Law Do not bypass a nearby population to take in a more distant population * Total population deviation < 10% January 26, 2022 6 Defining “Communities of Interest” Under California Elections Code, “community of interest” has a very specific definition in the context of redistricting: Definitions of “communities of interest” do not include relationships with political parties, incumbents, or political candidates. A “community of interest”is a population that shares common social or economic interests that should be included within a single district for purposes of its effective and fair representation. 7 Current Districts Are “Population Balanced” District 1 2 3 4 5 Total 2020 Census Total Population 13,097 13,486 12,933 13,088 13,580 66,184 Deviation from ideal*-140 249 -304 -149 343 647 % Deviation -1.06%1.88%-2.30%-1.12%2.59%4.89% 2020 Total Pop. % Hisp 30%11%40%26%56%33% % NH White 20%12%19%29%11%18% % NH Black 2%3%2%1%2%2% % Asian-American 44%71%34%39%25%43% Citizen Voting Age Pop Total 9,540 9,733 9,934 11,050 6,823 47,081 % Hisp 25%10%38%23%48%28% % NH White 30%13%23%38%14%25% % NH Black 1%5%1%2%5%3% % Asian/Pac.Isl.42%70%35%37%32%44% Language spoken at home english 53%37%39%56%30%43% spanish 17%8%34%12%48%23% asian-lang 25%48%21%23%17%27% other lang 4%7%5%9%6%6% Child in Household child-under18 26%31%34%28%41%32% Housing Stats single family 63%72%70%81%58%69% multi-family 37%28%30%19%42%31% rented 41%21%46%32%58%39% owned 59%79%54%68%42%61% *Ideal District Size: Each district must contain about 13,326 people 8 Population Balance Math Ideal district size = 13,326 Calculated by dividing City’s the total population by the number of districts 66,184/5 = 13,326.8 Total deviation = 647 Calculated by subtracting the smallest district’s population from the largest district’s population D5 (13,580) -D3 (12,933) = 647 Total deviation %= 4.89% Calculated by the subtracting the smallest deviation from the largest deviation (2.59%) -(-2.3%) = 4.89% Draft Maps (4) Draft maps available online at ssf.net 9 Public Map 101 Public Map 102 Public Map 103 Public Map 104 Public Map 101: “Improved Existing Map” District 1 2 3 4 5 Total 2020 2020 Census (Adjusted)13,107 13,486 12,913 13,078 13,600 66,184 Deviation from ideal -130 249 -324 -159 363 687 % Deviation -0.98%1.88%-2.45%-1.20%2.74%5.19% Citizen Voting Age Pop Total 9,590 9,733 10,058 11,000 6,699 47,081 % Hisp 26%10%40%23%45%28% % NH White 30%13%22%38%16%25% % NH Black 1%5%1%2%6%3% % Asian/Pac.Isl.42%70%36%37%31%44% 10 Public Map 102: “Modified Existing Map” District 1 2 3 4 5 Total 2020 2020 Census (Adjusted)13,129 13,486 13,267 13,056 13,246 66,184 Deviation from ideal -108 249 30 -181 9 430 % Deviation -0.81%1.88%0.23%-1.37%0.07%3.25% Citizen Voting Age Pop Total 9,568 9,733 8,953 11,023 7,804 47,081 % Hisp 24%10%38%24%47%28% % NH White 31%13%18%37%21%25% % NH Black 1%5%2%2%4%3% % Asian/Pac.Isl.43%70%41%36%25%44% 11 Public Map 103: “Hillside Map” District 1 2 3 4 5 Total 2020 2020 Census (Adjusted)13,281 13,486 13,220 12,972 13,225 66,184 Deviation from ideal 44 249 -17 -265 -12 514 % Deviation 0.33%1.88%-0.13%-2.00%-0.09%3.88% Citizen Voting Age Pop Total 10,440 9,733 10,018 10,330 6,560 47,081 % Hisp 22%10%31%32%50%28% % NH White 35%13%19%35%19%25% % NH Black 1%5%1%2%5%3% % Asian/Pac.Isl.41%70%47%30%24%44% 12 Public Map 104: “ASA Map” District 1 2 3 4 5 Total 2020 2020 Census (Adjusted)13,105 13,270 13,267 13,296 13,246 66,184 Deviation from ideal -132 33 30 59 9 191 % Deviation -1.00%0.25%0.23%0.45%0.07%1.44% Citizen Voting Age Pop Total 9,665 10,547 8,953 10,111 7,804 47,081 % Hisp 26%17%38%16%47%28% % NH White 32%29%18%22%21%25% % NH Black 1%4%2%2%4%3% % Asian/Pac.Isl.40%49%41%59%25%44% 13 14 For Comparison: Current Districts District 1 2 3 4 5 Total 2020 2020 Census (Adjusted)13,097 13,486 12,933 13,088 13,580 66,184 Deviation from ideal -140 249 -304 -149 343 647 % Deviation -1.06%1.88%-2.30%-1.12%2.59%4.89% Citizen Voting Age Pop Total 9,540 9,733 9,934 11,050 6,823 47,081 % Hisp 25%10%38%23%48%28% % NH White 30%13%23%38%14%25% % NH Black 1%5%1%2%5%3% % Asian/Pac.Isl.42%70%35%37%32%44% Discussion 15 Public Map 101 Public Map 102 Public Map 103 Public Map 104 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-59 Agenda Date:1/26/2022 Version:1 Item #:13. Report regarding consideration of options for stationary Automatic License Plate Readers (ALPR)cameras at the entrance/exit ramps of Highway 101 and Interstate 380,Interstate 280,and/or intersections between South San Francisco and neighboring cities,and potential adoption of a resolution to select an option.(Maryjo Nuñez, Lead for America Fellow, City Manager’s Office) RECOMMENDATION It is recommended that the City Council consider options for stationary Automatic License Plate Readers (ALPR)cameras at the entrance/exit ramps of Highway 101 and Interstate 380,Interstate 280,and/or intersections between South San Francisco and neighboring cities,and adopt a resolution selecting an option. BACKGROUND/DISCUSSION On September 14,2021,the South San Francisco Chamber of Commerce requested that City Council consider the implementation of Automatic License Plate Reader (ALPR)cameras along Highways 101 and I-380.The letter is included as Attachment 1.The ALPR Camera system is utilized in many cities in San Mateo County as shown in Attachment 2,demonstrating the system’s reputation as an industry standard within law enforcement. With more cameras and locations,this system bolsters the capability of local law enforcement to act and apprehend criminals swiftly,leading to deterrence.The South San Francisco Chamber of Commerce and hoteliers believe introducing fixed ALPR cameras will help reduce crime and prevent their guests and employees from being victimized, particularly from car and property thefts, and lead to deterrence in crime. City Council held a study session on ALPR cameras on November 2,2021,during which the Council directed City staff to research cost and expansion of ALPR cameras to other areas of South San Francisco.City staff has researched three ALPR cameras deployment options and presents those to City Council for selection and action. Option 1:Highway 101 and Interstate 380 at 25 cameras,totaling $68,750 for the first year,then $62,500 annually; Option 2:Option 1 and the inclusion of all entrance and exit ramps along Highway Interstate 280 at 31 cameras, totaling $85,250 for the first year, then $77,500 annually; or Option 3:Option 1 and the inclusion of all intersections between South San Francisco and its surrounding cities at 71 cameras, totals $195,250 for the first year, then $177,500 annually. Based on the discussion from the study session,City staff prepared a resolution that would approve Option 1 and authorize the City Manager to take actions necessary to begin implementing that option.If the Council desires to select a different option,it may modify the option stated in the resolution during the meeting before adopting the resolution. Discussion of Privacy Concerns City of South San Francisco Printed on 3/16/2022Page 1 of 4 powered by Legistar™ File #:22-59 Agenda Date:1/26/2022 Version:1 Item #:13. Maintaining the privacy of the data collected through ALPR cameras is a high priority of the City and is also regulated by state law.ALPR cameras only record the vehicle make,model and license plate number.It is not a “live camera”and cannot be used for surveillance,traffic enforcement,or for any other purpose.The cameras do not capture images of vehicle drivers.ALPR camera data is used to deter crime and to help solve crimes when crimes occur.Using the ALPR cameras will be limited to solving or deterring property and serious crimes and not used for minor traffic offenses. The ALPR camera data collected will be vigorously protected.The data is owned and fully controlled by the City of South San Francisco. The following City policies currently in place would protect ALPR data and impose requirements related to usage and access,consistent with state law and best practices.These policies are also consistent with Senate Bill 210 (SB 210)proposed by Senator Scott Weiner during the 2021 legislative session.Although the bill has not yet been passed by the Legislature,the City considered its provisions when forming policies for South San Francisco to protect privacy and to ensure data is used only for authorized purposes. The City’s policies are: ·Limit access to collected data to those with a demonstrated “need to know,”documenting by name who has access to the data and an access log showing who has accessed the data and for what purpose; ·ALPR data that does not match hot list information will be destroyed within 30 days or less of collection; ·Data which does match hot list information or which is reasonably needed to investigate or assist with prosecution of criminal activity may be retained until the data is no longer needed or required to be retained, after which it will be destroyed; ·No data will be sold; ·ALPR camera data may only be shared with other law enforcement agencies for the purpose of investigating and/or prosecuting criminal activity.Data will not be shared with the Immigration Customs Enforcement Agency, either directly or indirectly; ·Measures will be used to ensure the accuracy of ALPR information and correct data errors,working with the City’s IT Department and the City’s ALPR camera contractor; ·Posting the City’s usage and privacy policy on the City website,making it easily accessible to the public; ·An annual audit will be held to review ALPR end-user searches during the year and determine if searches were compliant with the usage and privacy policy set forward and confirm that all ALPR data was destroyed on schedule; ·Creation of an ALPR Transparency Portal on the City website,which will include the usage and privacy City of South San Francisco Printed on 3/16/2022Page 2 of 4 powered by Legistar™ File #:22-59 Agenda Date:1/26/2022 Version:1 Item #:13. policy, making it easily accessible to the public; ·Training of all Police Department personnel on the policies and restrictions concerning ALPR camera use and data. The use of data collected by ALPR cameras is also regulated by state law. Pursuant to California Civil Code Section 1798.90.51, et seq., state law also includes stringent requirements for data protection and system operation for ALPR “operators” and “end-users”. ALPR operators, such as the City of South San Francisco if such cameras are deployed by the City, are required to maintain reasonable security procedures and practices, including operational, administrative, technical, and physical safeguards, to protect ALPR information from unauthorized access, destruction, use, modification, or disclosure. Such procedures include an annual audit to review ALPR end-user searches during the previous year. ALPR operators must also implement a usage and privacy policy in order to ensure that the collection, use, maintenance, sharing, and dissemination of ALPR information is consistent with respect for individuals’ privacy and civil liberties. The usage and privacy policy and annual audits must be available to the public and posted online. Likewise, ALPR end-users (those who access or use the ALPR system) must comply with the same requirements and implement security procedures and privacy policies to protect privacy rights and data security. State law also sets forth the required information that must be present in the ALPR security procedures and privacy policies under Civil Code Section 1798.90.51. These include detailed description of data monitoring procedures, specified list of authorized users, length of data retention, and other reasonable security or error- correction measures. The City’s current ALPR Policy and related operational and use practices are consistent with state law and meets these statutory requirements. Based on the foregoing, staff is requesting the Council review and consider selecting one of the three options presented above. FISCAL IMPACT Each camera is $2,500 per camera per year,with a one-time $250 installation cost (also per camera to be paid during the first year).This price includes:installation,maintenance,footage hosting,cellular service,and software updates. Option 1: Highways I-380 and 101 only at 25 cameras, totals $68,750 for the first year, then $62, 500 annually. Option 2: Inclusion of I-280 to Option 1 at 31 cameras, totals $85,250 for the first year, then $77,500 annually. Option 3:Inclusion of intersections between SSF and its surrounding cities to Option 1 at 71 cameras,totals $195,250 for the first year, then $177,500 annually. Council direction on which Option is the most suitable for the City will determine the total appropriation needed to support the ALPR program.Once Council provides direction on the above and selects an option for deploying the cameras,staff will return at a later time to Council with a resolution for adopting ALPR contract, and approving the necessary appropriation to support the scope of the contract. RELATIONSHIP TO STRATEGIC PLAN Consideration of this information relates to Strategic Plan Priority:Public Safety-Skilled Police, Fire, Emergency Medical Service and Emergency Management. City of South San Francisco Printed on 3/16/2022Page 3 of 4 powered by Legistar™ File #:22-59 Agenda Date:1/26/2022 Version:1 Item #:13. CONCLUSION ALPR technology is a tool that police investigators can use to access near real-time information to rapidly deploy officers in the field to locate and apprehend criminals.Having more locations with ALPR technology enhances this capability.It is anticipated that the presence of ALPR technology may deter those seeking to participate in criminal activity. City Staff recommends installation of ALPR technology and seeks City Council to adopt a resolution for the approval of one of the three options presented.The Council may adopt the associated resolution as-is to select Option 1, or modify the resolution before adoption with another Option it desires to select. Attachment 1: Letter from the Chamber of Commerce Attachment 2: List of San Mateo County Cities with ALPR Cameras Attachment 3: GIS Map of Highways I-380 and 101 Camera Locations Attachment 4: GIS Map of Highways I-380, I-280, and 101 Camera Locations Attachment 5: GIS Map of SSF and Borders to Other Cities Camera Locations City of South San Francisco Printed on 3/16/2022Page 4 of 4 powered by Legistar™ San Mateo County Cities with ALPR Cameras • • • • • • • • • • 6 4 3 5 8 7 9 2 1 2321 19 11 10 12 15 14 13 18 25 22161720 24 ALPR Camera Locations ID Location1NB 101 - Sierra Pt Pkwy2NB 101 - Bayshore Blvd3SB 101 - Airport Bl vd4Airport Blvd - SB 1015SB 101 - Oyster Point Blvd6Oyster Point Bl vd - NB 1017SB 101 - Dubuque Ave8NB 101 - Dubuque Ave9E Grand Ave - NB 10110SB 101 - Airport Bl vd11NB 101 - E Grand Ave12SB 101 - Produce Ave13S Airport Blvd - NB 10114NB 101 - S Airport Bl vd15Produce Ave - SB 10116SB 101 - WB I-38017EB I-380 - NB 10118N Access Rd - SB 10119N Access Rd - WB I-38020N Access Rd - NB 10121Airport Blvd - NB 10122EB I-380 - S Ai rport Blvd23EB I-380 - N Access Rd24NB 101 - N Access Rd25N Access Rd - WB I-380 26 27 2930 31 28 6 4 3 5 8 7 9 2 1 2321 19 11 10 12 15 14 13 18 25 22161720 24 Freeway On/Off Ramp Locations ID Location ID Location ID Location ID Location1NB 101 - Sierra Pt Pkwy 9 E Grand Ave - NB 101 17 EB I-380 - NB 101 25 N Access Rd - WB I-3802NB 101 - Bayshore Blvd 10 SB 101 - Airport Blvd 18 N Access Rd - SB 101 26 I-280 NB @ Junipero Serra Blvd3SB 101 - Airport Blvd 11 NB 101 - E Grand Ave 19 N Access Rd - WB I-380 27 I-280 SB @ Junipero Serra Blvd4Airport Blvd - SB 101 12 SB 101 - Produce Ave 20 N Access Rd - NB 101 28 I-280 NB @ EB Westborough Blvd5SB 101 - Oyster Point Blvd 13 S Airport Blvd - NB 101 21 Airport Blvd - NB 101 29 I-280 NB @ WB Westborough Blvd6Oyster Point Blvd - NB 101 14 NB 101 - S Airport Blvd 22 EB I-380 - S Airport Blvd 30 I-280 SB @ Westborough Blvd7SB 101 - Dubuque Ave 15 Produce Ave - SB 101 23 EB I-380 - N Access Rd 31 I-280 SB @ EB Westborough Blvd8NB 101 - Dubuque Ave 16 SB 101 - WB I-380 24 NB 101 - N Access Rd Kent Way@ K ing Dr Stein Ct @ King Dr Reston Ct @ King Dr Shaw Rd @ S an Bruno Callan Blvd @ King Dr Ol ympic Dr @ San Bruno Oakmont Dr @ Bantr y Ln St Cl oud Dr @ San Bruno Skyline Blvd @ Pacifica Shaw Rd @ S an Mateo Ave Shor eline C t @ B ri sbane Air por t B lvd @ Bri sbane Hi ckey Blvd @ Daly City Avalon D r @ Crestwood DrTurnberry Dr @ San Bruno Wentworth Dr @ San Bruno Casti le Way @ Dorado Way Lucca Dr @ Hillside Blvd Alta V ista Dr @ Al ida Way El Camino Real @ Noor Ave Dollar Ave @ Tanforan Ave Hol l y Ave @ Hillside Blvd Alida Way @ County Club Dr S M aple Ave @ Tanforan Ave S A ir por t B lvd @ S an Bruno Junipero Serra @ Daly City Missi on Rd @ Lawndale Blvd Dol ores Ave @ Hillside Blvd Ridgeview Ct @ Hillisde Blvd Ki ng Dr @ Junipero Serra Blvd Dor ado Way @ San Mateo County Ever green Ave @ H il lsi de BlvdEl Camino Real @ Arlington Dr Blondi n Way @ San Mateo County Fleetwood Dr @ Westborough Blvd Alta V ista Dr @ San Mateo County Wes tborough Blvd @ West Orange Ave Westborough Blvd @ Junipero Serra Blvd Radburn Dr @ King Dr Gel lert Blvd @ King Dr Noor Ave @ H untington Ave Tayl or Dr @ Consti tution Way San Mateo Ave @ Tanforan Ave Chestnut Ave @ Hillside Blvd Skyline Blvd @ Sharp Park Blvd Hillside Bl vd @ San Mateo County Street Locations That Cross SSF City Limits Maryjo Nuñez, Lead for America Fellow, City Manager’s Office Scott Campbell, Chief of Police, SSFPD •Atherton •Daly City •Foster City •Hillsborough •Menlo Park •Portola Valley •San Bruno •Mateo •Colma •Millbrae •Woodside IMAGE CAPTURED IMAGE STORED AND COMPARED TO “HOT LIST” LAW ENFORCEMENT ALERTED (IF IDENTIFIED AS WANTED VEHICLE) DATA RETAINED ON ENCRYPTED SERVERS MAXIMUM OF 30 DAYS (UNLESS ONGOING INVESTIGATION) PUBLIC OUTREACH POLICY AND PROCEDURES AUDITS TO ENSURE PROPER USE AND OUTCOMES TECHNOLOGY AVAILABLE FOR PUBLIC TRANSPARENCY PORTAL •Limit access to collected data to those with a demonstrated “need to know,” •Data destroyed within 30 days or less of collection; •No data will be sold; •Data sharing only when investigating and/or prosecuting criminal activity Data will not be shared with the Immigration Customs Enforcement Agency,either directly or indirectly; •Ensure the accuracy of ALPR information and correct data errors •Posting the City’s usage and privacy policy on the City website •An annual audit •Creation of an ALPR Transparency Portal on the City website •Training of all Police Department personnel on the policies and restrictions concerning ALPR camera use and data Price: at 25 cameras, totaling $68, 750 for the first year, then $62, 500 annually Price: at 31 cameras, totaling $85, 250 for the first year, then $77, 500 annually Price: Option 1 and inclusion of all intersections between SSF and surrounding cities at 71 cameras, totals $195, 250 for the first year, then $177, 500 annually Agenda Item 13. 22-59 Report regarding consideration of options for stationary Automatic License Plate Readers (ALPR) cameras at the entrance/exit ramps of Highway 101 and Interstate 380, Interstate 280, and/or intersections between South San Francisco and neighboring cities, and potential adoption of a resolution to select an option. (Maryjo Nuñez, Lead for America Fellow, City Manager's Office) Legislation Text Attachment 1: Letter from Chamber of Commerce Attachment 2 SMC Cities with ALPR Cameras Attachment 3 GIS Map 1 for ALPR Attachment 4 ALPR Cameras for 380, 101, and 280 Attachment 5 All Intersections Map Attachment 6 ALPR Resolution Presentation (for 1.26.22) 4 Public Comments Guest User at January 26, 2022 at 2:21pm PST Oppose My name is Sara Matlin. I am a volunteer co-chair of the local ACLU-North Peninsula Chapter, along with Beth von Emster, who also submitted public comment I am writing to oppose the purchase of Automated License Plate Readers (ALPRs). ALPRs present numerous constitutional and ethical concerns. They are a threat to safety and civil rights and do not make our communities safer The ACLU-NP is an all-volunteer group of community members that seeks to protect and advance the civil liberties of all residents, employees, and students in San Mateo County We represent more than 4,000 people in San Mateo County, many of them in South San Francisco. Thank you to Mike Futrell, who let us know yesterday that this item would be on the City Council agenda today I wish we had known sooner, in order to gather and share additional information and concerns from affected community members ALPR systems are frequently and disproportionately used against marginalized people, leading to real-life harm and unnecessary police encounters The use of ALPR systems to harm marginalized communities including immigrants, Black Americans, and American Muslims – is well documented. As with other surveillance technologies, police often deploy license plate readers disproportionately in poor areas, regardless of crime rates. [https://www.eff.org/deeplinks/2015/01/what-we-learned-oakland-raw-alpr-data] ICE has been shown to exploit ALPR systems and databases to locate and deport immigrants https://www.aclunc.org/blog/documents-reveal-ice-using-driver-location-data-local-police-deportations]. The California State Auditor’s 2020 report reveals that lax ALPR use allows law enforcement to “misuse ALPR images to stalk an individual or observe vehicles at particular locations and events, such as … political rallies ” [https //wwwauditorca gov/reports/2019 118/index html] An Associated Press investigation found that police officers misused ALPRs to spy on romantic partners, business associates, neighbors, and journalists [https://apnews.com/article/699236946e3140659fff8a2362e16f43] ALPR systems collect and store location information about all drivers whose cars pass through their cameras’ fields of view. This information, after being matched to dates, times, and locations, can be compiled into databases that reveal sensitive information about where our community members work, live, associate, and visit. Breaches and ransomware are a regular occurrence, and the misuse of surveillance data is not uncommon South San Francisco’s liability exposure would be enormous if it adopted additional ALPR systems San Francisco’s experience should serve as a cautionary tale: ALPR misuse led to the detention of a Black woman at gunpoint, leading to an expensive civil rights lawsuit against the city [https://www.aclunc.org/blog/san-francisco-paying-price-surveillance-without-safeguards] In addition, a study in Vallejo found that 35 percent of “hits” from mobile ALPRs and 37 percent of all “hits” from fixed readers were misreads — an unacceptable high rate of error. ALPR doesn’t make communities safer The ACLU urges cities to consider policies and the allocation of resources to non-policing programs that actually improve the safety and health of our communities. Please consider the serious concerns and recommendations noted in the ACLU of Northern California’s Making Smart Decisions About Surveillance. [https://www.aclunc.org/publications/making-smart-decisions-about- surveillance guide community transparency accountability] Please consider the rights of South San Francisco and San Mateo County community members and refrain from expanding South San Francisco’s system of automated license plate readers Thank you, Sara Matlin ACLU-North Peninsula Chapter, Volunteer @gmail com Guest User at January 26, 2022 at 12 52pm PST Oppose @gmail com Guest User at January 26, 2022 at 12 09pm PST Oppose There needs to be regular community meetings in EACH neighborhood throughout SSF about decisions being made that impact all SSF residents and communities. Option 3 is an overkill of unnecessary cameras and do not see justification for need or spending of this excessive amount of funds, especially when resident needs of all ages are not being met (education, services, childcare, parks, programs, etc.) Guest User at January 26, 2022 at 7:16am PST Oppose I am the co-chair of the North Peninsula Chapter of the ACLU of Northern California. I oppose the purchase and use of automated license plate readers (ALPRs) in South San Francisco. A decision regarding vehicle-monitoring cameras imposes significant legal, ethical, financial, communal costs and would further infringe on the rights of San Mateo County residents. Much more community involvement and input should be sought before taking such high risk steps Public access to private data. Whether their cameras are attached to police cars or street lights, ALPR systems collect and store location information about drivers whose cars pass through their cameras’ fields of view. This information, after being matched to dates, times, and locations, can be compiled into databases that reveal sensitive information about where our community members work, live, associate, and visit. Breaches and ransomware are a regular occurrence, and the misuse of surveillance data is not uncommon ALPR systems are frequently and disproportionately used against marginalized people, leading to real-life harm and unnecessary police encounters The use of ALPR systems to harm marginalized communities including immigrants, Black Americans, and American Muslims – is well documented. For example, ICE has been shown to exploit ALPR systems and databases to locate and deport immigrants As with other surveillance technologies, police often deploy license plate readers disproportionately in poor areas, regardless of crime rates Public input into policy to protect privacy, civil liberties, and security. California law requires an opportunity for public comment; a written, publicly available use policy that is “consistent with respect for an individual’s privacy and civil liberties;” and reasonable security safeguards for any use of automated license plate readers South San Francisco’s ALPR policy is an exact copy of the Northern California Regional Intelligence Center’s policy, and your policy was most recently modified in 2017. This means that the policy was not drafted to include local input and concerns, and it was not revised recently In fact, since South San Francisco is already using ALPRs, it’s likely that policy was created without sufficient opportunity for community input Cost and Liability. South San Francisco’s liability exposure would be enormous if it adopted additional ALPR systems San Francisco’s experience should serve as a cautionary tale ALPR misuse led to the detention of a Black woman at gunpoint, leading to an expensive civil rights lawsuit against the city. In addition, a study in Vallejo found that 35 percent of “hits” from mobile ALPRs and 37 percent of all “hits” from fixed readers were misreads — an unacceptable high rate of error. ALPR doesn’t make communities safer I urge you to instead consider policies and the allocation of resources to non-policing programs that actually improve the safety and health of our communities. Please refrain from expanding South San Francisco’s system of automated license plate readers Sincerely, Beth von Emster, Co chair, North Peninsula Chapter of ACLU of Northern California City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-60 Agenda Date:1/26/2022 Version:1 Item #:13a. Resolution approving the placement of stationary Automatic License Plate Readers (ALPR)cameras at entrance and exit ramps throughout South San Francisco along Highway 101 and Interstate 380. WHEREAS,the South San Francisco Chamber of Commerce requested that City Council for the City of South San Francisco consider the implementation of Automatic License Plate Reader (ALPR)cameras along Highways 101 and Interstate 380; and WHEREAS,the ALPR Camera system is employed in many cities in San Mateo County,demonstrating their reputation as an industry standard within law enforcement; and WHEREAS,ALPR technology is a tool that police investigators can use to access near real-time information to rapidly deploy officers in the field to locate and apprehend criminals; and WHEREAS,the placement of ALPR cameras in more locations bolsters the capability of local law enforcement to act and apprehend criminals swiftly, leading to deterrence in crime; and WHEREAS,ALPR camera data collected is protected pursuant to state laws and the City currently has policies and procedures in place that are compliant with state law and also available for public review; and WHEREAS,ALPR data will be utilized by the City for the purpose of solving or deterring property and serious crimes, not for the purpose of enforcement of minor traffic offenses; and WHEREAS,the placement of 25 stationary ALPR cameras,at all entrance and exit ramps along Highway 101 and Interstate 380 throughout South San Francisco will help to deter property and serious crimes; and WHEREAS,the City Council now wishes to authorize the placement of 25 stationary ALPR cameras,at all entrance and exit ramps along Highway 101 and Interstate 380 throughout South San Francisco. NOW,THEREFORE,BE IT RESOLVED that the City Council of the City of South San Francisco hereby authorizes the placement of 25 stationary ALPR cameras,at all entrance and exit ramps along Highway 101 and Interstate 380 throughout South San Francisco. BE IT FURTHER RESOLVED,that the City Council authorizes the City Manager to take additional actions necessary towards the placement of ALPR cameras as approved by this resolution,subject to approval as to form by the City Attorney with regards to any necessary documents or records. ***** City of South San Francisco Printed on 3/16/2022Page 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 #:21-912 Agenda Date:1/26/2022 Version:1 Item #:14. Report regarding an ordinance adding Chapter 2.85 to Title 2 of the South San Francisco Municipal Code related to the establishment of a City Board titled SSF VOICES - SSF Vision of Inclusive Community Equity and Safety (Sky Woodruff, City Attorney, and Amy Ferguson, Management Fellow) RECOMMENDATION City staff recommend the City Council introduce an ordinance to create a Community Equity and Safety Advisory Board, to be titled “SSF VOICES - Vision of Inclusive Community Equity and Safety.” Staff has incorporated feedback from a City Council Study Session on the role and composition of a proposed Board. As presented below, the proposed Board would serve as an advisory board to the City Manager, make recommendations related to equity and safety, receive and refer complaints against the conduct of City personnel, and to review some investigations related to personnel misconduct, specifically in the cases where records are public under state law. BACKGROUND/DISCUSSION The South San Francisco Commission on Racial and Social Equity recently concluded a yearlong, transformational process to learn about and recommend how to further equity in City programs and practices. A Community Equity and Safety Advisory Board, focused on public safety departments but also City government more broadly, is central to these efforts. Such a Board can: (1) extend community engagement with City programs, (2) allow community members to make recommendations across City departments that can further community equity and safety, and (3) increase transparency and accountability in City processes, thereby fostering a relationship and trust between the community and City departments. It is also recommended that the Board (4) have a role in receiving and referring complaints related to City personnel and reviewing investigations into complaints in the specific cases where investigation records must be public under state law. The goal with creating this Board is to address issues of diversity, equity, inclusion, and belonging that can work to dismantle systemic racism within any institutional policies and processes. The model of a “hybrid” advisory community safety board was selected over other oversight models in light of state law and bargaining agreements that keep personnel records private. A “hybrid” model in this context would function as an advisory board that would focus on high-level policy recommendations, but that can also field complaints filed by the public about city personnel. See Appendix A for a brief explanation of a hybrid model. Proposed Model for South San Francisco 1)Community and City Engagement ·A Community Equity and Safety Advisory Board can serve as a liaison between the community and City staff. ·The Board can provide a safe space for addressing difficult issues of racial and social equity. ·It will provide intentional and effective community outreach to stay apprised of community concerns. ·It can increase community engagement and civic participation in government processes. ·The Board should receive updates from the Community Wellness and Crisis Response Team, including City of South San Francisco Printed on 3/16/2022Page 1 of 8 powered by Legistar™ File #:21-912 Agenda Date:1/26/2022 Version:1 Item #:14. a mental health clinician, to stay abreast of these efforts. ·The Board will strive to promote positive police-community relations in an effort to provide better services and expectations from the community and police. 2)Making recommendations ·The primary purpose of the Board is to recommend changes to the City Manager regarding policies and procedures that impact safety, security, and equity across City departments. ·These recommendations will be publicly available. ·In this way, the Board can engage community vision and use an equity lens to reduce disparities and advance equitable practices in South San Francisco. ·Many advisory boards focused on public safety and policing exist in other cities, with some giving feedback to the Chief of Police. ·A Board in South San Francisco can advise on police matters; however, the Commission on Racial and Social Equity also found it important that a Board not be limited to making recommendations on policing only. ·The Commission wanted a board with a holistic approach to community equity and safety that could advise on any matter relating to racial and social equity, including in the areas of social services, education, health care, transportation, emergency management, fire departments, first responders, code enforcement, and so on. The Board could work to enhance safety nets that support communities previously harmed by isolation and systemic injustice, strengthen partnerships that aid in crime reduction, and invest in arenas that promote and create safe, healthy, and thriving communities. ·The Commission especially wanted the Board to look at early intervention strategies that minimize involvement of youth in the criminal justice system. ·Any issue or program can be evaluated for its racial and social equity impact, and so the scope of possibility of what programs the Board could examine is intentionally broad. ·However, it is recommended that the Board create a yearlong work plan to provide to Council and update annually, to ensure a manageable scope of work. They will also write an annual report including progress on the work plan. ·If the Board wishes to recommend changes to City policies, they may provide these recommendations to the City Manager. ·Final decision-making authority remains with the City Manager. ·The Board will keep the City Manager apprised of the community’s need for any issue or service, including police services, disaster preparedness, and others. 3)Providing transparency and accountability ·The Board can prompt opportunities to listen to community voices and initiate constructive dialogue on policy, procedure, and protocols. It can initiate and lead courageous and honest conversations. ·By engaging the community and providing recommendations, the Board will serve the additional functions of increasing transparency and accountability. ·The Board will promote and adhere to transparency models and share its efforts to encourage equity and inclusion among the community and officials. o The Board will periodically share its efforts externally through updates on the City website and social media, through community meetings or other outreach efforts as necessary, and through an annual written report to the City Manager and City Council concerning its priorities and progress. The report will include the annual work plan with progress on initiatives. City of South San Francisco Printed on 3/16/2022Page 2 of 8 powered by Legistar™ File #:21-912 Agenda Date:1/26/2022 Version:1 Item #:14. ·The Board will review data and track progress using measures that are meaningful to the community. The Board may publish data as well, for example on types of complaints against misconduct. Data will be aggregated as needed to protect confidentiality. ·Enhancing transparency and accountability will improve public confidence and trust in City departments, especially as relating to public safety, and is intended to reduce fear associated with law enforcement. 4)Refer and review complaints ·The Commission envisioned the Board having an additional power, which is to receive and refer complaints of misconduct related to City personnel. ·It was hoped for Board meetings to provide a safe space for a community member to raise a complaint. This would thereby remove an obstacle to citizen complaints as, for example, a complaint about a police officer could be relayed to the Board, and the resident would not have to submit their complaint at the Police Department. ·This process would typically involve hearing the complaint at a meeting and referring it to HR, where HR and the City Attorney would meet regarding the complaint and determine the appropriate form of investigation. ·The complaint and investigation process would be designed to respect the rights of both complainants and the personnel who is the subject of the complaint. It would also maintain consistency with applicable State and Federal law, the General Law City framework, and Bargaining Agreements between the unions representing police officers and the City. ·Due to protections on personnel records and the limitations on oversight by California law, the Board would not generally be able to review personnel records, be privy to investigations, or recommend discipline. Doing so could, among other risks, raise significant risk regarding complaints of violations of personnel privacy rights. ·However, in cases where the complaint was made directly to the Board, the Board could be updated on assignment of a complaint to an investigator and the identity of the investigator, the projected completion date of the investigation, whether the complaint was substantiated at the conclusion of the investigation, and any remedial actions taken. “Remedial actions” do not include discipline or other personnel info, but may include some sort of remedy to the complainant, for example, whether a citation is dismissed. ·Furthermore, due to state laws regarding public records, notably SB 1421, SB 2, and SB 16, police personnel records in certain cases are not considered confidential but are public records. In those cases, the investigation records could be disclosed to the Board. Example cases include where there has been an officer-involved shooting, a sustained finding of a complaint that alleges unreasonable force, or a sustained finding of a situation where an officer has acted with prejudice or discrimination. A more in-depth review of the cases that are accessible to the public follows below. ·In these cases, the Board may review the investigation done in a public meeting and ask questions. The Board could make recommendations to City Manager, including issuing recommendations for future similar cases. The Board would not provide comments regarding discipline or make independent decisions, as these could risk violations of police officer privacy rights and exposure to other labor-employment disputes for the City. ·Review of investigations in these cases would enhance the Board’s ability to make recommendations and provide a community forum to discuss relevant complaints. 5)Initial and ongoing activities City of South San Francisco Printed on 3/16/2022Page 3 of 8 powered by Legistar™ File #:21-912 Agenda Date:1/26/2022 Version:1 Item #:14. ·The Board will establish rules of conduct, bylaws, etc. with a racial and social equity lens. ·The Board will create a yearly work plan, which shall be provided to the City Manager and the City Council. The Board will also create an annual written report including the work plan and progress made on initiatives. State Bills on Police Personnel Records Police personnel records are generally protected as confidential. However, three recent state bills mandate that some records be disclosable to the public. The Equity Board may review investigations in relevant cases as outlined below, to inform the recommendation process and provide a community forum to discuss relevant issues. Under the Police Officers’ Bill of Rights (“POBR”) at the state level, police personnel records are confidential, and were generally only disclosed to a Grand Jury, District Attorney, or Attorney General in an investigation or through a Pitchess motion, a court order where a judge determines the records to be relevant to a case. However, the three state bills that impact which records are open to the public are SB 1421, effective January 1, 2019 and SB 2 and SB 16, both effective January 1, 2022. These bills mandate that investigation records be disclosable to the public for particular types of complaints. Some must be disclosed even if an investigation does not sustain the complaint. Others can only be disclosed after a sustained finding, which includes exhaustion of administrative remedies and the conclusion of any appeals, both administrative and judicial. These two categories are shared here: 1)Incidents where no sustained finding is required: a.Officer-involved shooting (discharge of firearm) (SB 1421) b.Use of force resulting in great bodily injury (SB 1421) c.Records regarding the foregoing types of incidents in which an officer resigned before the city concludes the incident investigation. d.Information (i.e. serious misconducts) reported to POST to determine whether the officer’s certification should be revoked (SB 2). Under SB 2, all records related to the revocation of a peace officer’s certification would become public, and records of an investigation by POST must be retained for 30 years. Under state law, disclosure for these incidents can be made as early as when a complaint is submitted to the city, and subsequent investigation documents can be made available as the investigation process is ongoing. State law in these cases does not distinguish between whether the allegations were substantiated or if the police officer appeals the findings/discipline. However, staff recommends that disclosure be made only after the investigation has concluded and that the Board not provide any comments prior to the investigation’s completion. This is to ensure the investigation is conducted in an impartial manner with as little outside influence as possible. However, once the investigation has been initiated, the Board could be made aware of updates such as assignment of a complaint to an investigator and the identity of the investigator, the completion date for the investigation, that the nature of the complaint falls within the disclosable categories, and other similar information, unless this information could jeopardize the investigation, such as an investigation that involves surveillance. 2)Incidents where a “sustained finding” is required before related documents become public records: a.Complaint that alleges unreasonable force (SB 16) b.Officer failed to intervene against another officer using force that is clearly unreasonable or excessive (SB 16) City of South San Francisco Printed on 3/16/2022Page 4 of 8 powered by Legistar™ File #:21-912 Agenda Date:1/26/2022 Version:1 Item #:14. c.Officer engagement in conduct involving prejudice or discrimination including, but not limited to, verbal statements, writings, online posts, recordings, and gestures, against a person based on certain protected characteristics including race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status (SB 16) d.Unlawful arrest or conducted unlawful search (SB 16) e.Sexual assault involving a member of the public (SB 1421) f.Dishonesty directly relating to the reporting, investigation, or prosecution of a crime, or the misconduct investigation of another officer (perjury, false statements, filing false reports, destruction, falsifying, or concealing of evidence, etc.) (SB 1421) For these incidents, records can be disclosed only when the allegations were substantiated and the time for appeal has passed or appeal has been exhausted. (PC 832.8(b)). The Board would only receive information once the investigation is complete and, if discipline is imposed, either the officer does not appeal or all appeals have been exhausted. However, once the investigation has been initiated, the Board could be made aware of updates such as assignment of a complaint to an investigator and the identity of the investigator, the completion date for the investigation, that the nature of the complaint falls within the disclosable categories, and other similar information, unless this information could jeopardize the investigation, such as an investigation that involves surveillance. Timing of disclosure Under state law, in response to a request, the timing for release of information that is required to be disclosed is the earliest time possible, no later than 45 days from the date of a request. However, as described above, City staff recommend disclosing records once an investigation has been concluded and any time for appeal has been exhausted, so as to not interfere with the impartiality of the investigation. Moreover, timeframes may be extended up to 60 days during an active criminal investigation, and then past 60 days if the agency provides a basis where disclosure would reasonably be expected to interfere with a criminal enforcement proceeding against the officer. (Note: the new SB 16 categories are not subject to this time limitation until 2023.) The City would anticipate not releasing documents to the Board, even for allegations that do not require a sustained allegation, as long as there is a parallel criminal investigation. Records may be redacted to protect witnesses, victims, and whistleblowers. SB 16 also has new requirements around the length of time to keep records and keeping the cost of accessing records strictly to the “direct costs of duplication.” The bill also requires that all peace officers immediately report any situations where there has been a use of force to their employing agency and that law enforcement agencies review prior personnel records before hiring a candidate. Board review process related to records under SBs 16, 2, and 1421 1)The Board may receive records (as described in PC 832.7, which consists of a broad range of records including discipline decisions) for complaints made regarding incidents covered by SBs 16, 2, and 1421 only. Redactions could be made to protect witnesses, etc. City of South San Francisco Printed on 3/16/2022Page 5 of 8 powered by Legistar™ File #:21-912 Agenda Date:1/26/2022 Version:1 Item #:14. 2)For a complaint made directly to Board, referred to HR and City Attorney, in one of the disclosable categories under SBs 16, 2, and 1421: a.The Board may be notified of assignment of a complaint to an investigator and the identity of the investigator, projected completion date, that the nature of the complaint falls within the disclosable categories, etc. unless this information could jeopardize the investigation, such as an investigation that involves surveillance. b.If sustained finding not required, report back about completed investigation with documents (redacted if necessary). c.If sustained finding required, report back about completed investigation after time for appeal or completion of appeal. 3)For a complaint not filed directly to the Board but in one of the disclosable categories under SBs 16, 2, and 1421: a.Inform the Board of the complaint. The Board may be notified of assignment of a complaint to an investigator and the identity of the investigator, projected completion date, that the nature of the complaint falls within the disclosable categories, etc., unless this information could jeopardize the investigation, such as an investigation that involves surveillance. b.The Board gets the documents in the manner described under Paragraph (2) above. They may receive a regular update that informs them when investigations are completed. 4)Once the documents are provided, the Board may do the following: a.Review the documents at a publicly available meeting, with an opportunity for the public to comment. b.Ask questions and provide feedback. c.Make recommendations to the City Manager. d.Make recommendations for future investigations. e.The Board would not participate in or provide comments with regards to discipline, as this could invite a legal risk of violation of officer privacy rights or exposure to other labor-employment related claims. Board process for complaints not related to SBs 16, 2, and 1421 1)For complaints made directly to the Board but where records are not available to the public, the Board will not review the investigations, as personnel records will be confidential. The Board will refer the complaint to HR and may only receive updates on assignment of a complaint to an investigator and the identity of the investigator, investigation completion date, whether the complaint was substantiated, and any remedial actions taken. “Remedial actions” do not include discipline or other personnel info, but may include some sort of remedy to the complainant, for example, whether a citation is dismissed. If additional state bills requiring disclosure or potential oversight roles are passed, those could be incorporated into Board processes, in discussion with the Board. Training Training will be an essential component when the Equity Board is appointed. Trainings may include but not be limited to: ·The Brown Act ·Myers-Milias-Brown Act, specifically with respect to scope of bargaining/mandatory subjects of bargaining ·Police Officers Bill of Rights City of South San Francisco Printed on 3/16/2022Page 6 of 8 powered by Legistar™ File #:21-912 Agenda Date:1/26/2022 Version:1 Item #:14. ·Firefighter Bill of Rights ·Other pertinent employee relations laws ·Ethics ·Due process and conducting meetings that conform to principles of fairness ·How to have a public meeting on contested issues ·Police and fire ride-alongs ·Jail visits ·Systemic racism, history of racism, racial and social equity terms ·Trauma-informed police oversight ·Police-related terms and issues including: o Investigative practices o Abusive language o False imprisonment o Harassment o Use of force o Serious bodily issues o Death o Constitutional policing, including: §use of force §firearms §custody §mental health issues §juvenile justice §racial profiling §patrol Composition of the South San Francisco Community Equity Safety Advisory Board: ·Volunteer advisory board with seven members plus one alternate, with staggered four-year terms and two-year terms, appointed by the City Council where each councilmember appoints one advisory board member, with the remaining two members and the alternate appointed by the City Council following the standard model used for other South San Francisco Boards and Commissions; ·Board members are limited to three consecutive terms; upon serving the maximum number of consecutive terms, a Board member shall not be eligible for re-appointment to the Board for a period of two years; ·Board members must be residents of South San Francisco; ·Members may be removed by the Council as applies to other Boards and Commissions; ·Applications, interviews, and appointments are conducted when vacancies occur; ·City Council is encouraged to consider appointment of members that represent or demonstrate knowledge of the experiences of limited-English speakers, people who are unhoused, and/or people living with mental illness and/or substance use disorders. Council is also encouraged to consider a diverse membership along race, gender, sexuality, age, national origin, and other characteristics, and to include diverse communities such as those that have been impacted by the justice system (e.g., people who have been arrested, youth whose parents were incarcerated), faith communities, and small business owners. If possible, it would be ideal to include at least one member with some level of expertise in law and/or public administration. City Council is also encouraged to appoint members from different areas City of South San Francisco Printed on 3/16/2022Page 7 of 8 powered by Legistar™ File #:21-912 Agenda Date:1/26/2022 Version:1 Item #:14. of the city. FISCAL IMPACT Board members will be paid the standard city stipend of $100 per meeting. If there is perfect attendance and monthly meetings, the annual cost would be $8,400. This amount will be funded through the General Fund. This does not include the ancillary cost of time and supplies required to support the Board by existing staff. CONCLUSION The formation of a Community Equity and Safety Advisory Board can further the goals of the South San Francisco Commission on Racial and Social Equity. It can provide a community forum to address issues of equity and public safety and a permanent body to make recommendations and continue the work of the Commission in the arena of racial and social equity. It is recommended to name this board “SSF Vision of Inclusive Community Equity and Safety - SSF VOICES.” Attachments: 1-Appendix A 2-Presentation City of South San Francisco Printed on 3/16/2022Page 8 of 8 powered by Legistar™ Appendix A – Further clarification of a “hybrid” board Hybrid Model In response to community demands and with the aim of improving police accountability, police oversight systems are often merged with others, serve in conjunction with others, or are redesigned to strengthen capacity of existing oversight models. A “hybrid model” is loosely defined as an oversight system that has powers of oversight agencies in a combination that is determined to be a best fit for that locality. For example, Anaheim, California has a Police Review Board to review policies but also an external auditor for its police department. Due to legal restrictions, it is recommended for South San Francisco to create an advisory board that is primarily focused on high level policy recommendations. However, the Board may be considered a “hybrid model” due to its ability to receive complaints at any time and review investigations in cases where police personnel records are disclosable to the public, as shared in the report. 1 January 26, 2021 SSF VOICES: SSF Vision of Inclusive Community Equity and Safety 2 SSF Commission on Racial and Social Equity Equity Board is: •Central to Action Plan •Able to further equity across City 3 Goals and Activities Engage the community and liaise between the community and City staff Recommend changes to policies and procedures •Submit yearly work plan Increase transparency and accountability •Initiate dialogue •Review and publish data Receive and refer complaints related to City personnel •In SOME cases, can review investigations of police Engage Recommend Increase Transparency Receive, Refer, Review 4 SBs 1421, 16, 2 –Records related to complaints against police No sustained finding needed Officer-involved shooting Use of force with bodily injury Officer resigned during investigation of above Information related to revocation of certification Sustained finding needed Unreasonable force or failed to intervene Prejudice or discrimination Unlawful arrest or unlawful search Sexual assault Dishonesty 5 Board Review Functions Ask questions Provide a community forum for discussion Make recommendations for future similar cases Cannot recommend specific discipline 6 Board Review Process Complaint made to Board HR updates Board when investigator assigned Report only on whether complaint substantiated and remedial action taken (not discipline imposed) Refer to HR If covered by 1421, 16, 2 Records sent when investigation is complete Records sent after any time for appeal Sustained finding not required Sustained finding required Refer to HRIf not covered under bills HR updates Board when investigator assigned 7 Board Review Process Complaint not made to Board HR updates Board when investigator assigned Records sent when investigation is complete Records sent after any time for appeal No further action with the Board If covered by 1421, 16, 2 If not covered under bills Sustained finding not required Sustained finding required Complaint originates at PD but is referred to HR 8 Training The Brown Act Pertinent employee relations laws Ethics, due process How to have a public meeting on contested issues Systemic racism, history of racism, racial and social equity terms Police and fire ride-alongs; jail visits Police-related terms and issues such as, “use of excessive force” and “constitutional policing” Trauma -informed police oversight 9 Volunteer advisory board 7 members and 1 alternate member Members appointed by City Council One per councilmember, 2 at large Four -year terms and two-year terms, staggered Recommended Composition for SSF VOICES 10 Recommended Composition for SSF VOICES Board should reflect SSF’s demographics Members must be residents of SSF The body is encouraged to have a diverse membership 11 Questions? City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-913 Agenda Date:1/26/2022 Version:1 Item #:14a. Ordinance adding Chapter 2.85 to Title 2 of the South San Francisco Municipal Code to create a City advisory board titled SSF VOICES - SSF Vision of Inclusive Community Equity and Safety WHEREAS, the City of South San Francisco is striving to be a more inclusive and equitable city through advancing racial equity and social change; and WHEREAS, the City of South San Francisco is entrusted and expected to protect the civil and human rights of all individuals; and WHEREAS, the City of South San Francisco recognizes that establishing organizational accountability and transparency is the highest priority to effectively promote public trust; and WHEREAS, the City of South San Francisco has focused on cultivating and empowering a Commission on Racial and Social Equity (“Commission”), which concluded a yearlong effort with a Racial Equity Action Plan that recommends a Community Equity and Safety Advisory Board; and WHEREAS, consistent with applicable state law governing general law cities, a Community Equity and Safety Advisory Board would be designed to make recommendations to the City Manager that relate to some or all City departments to further community equity and safety, bolster community participation and decision making, increase transparency and accountability, and foster trust between the community and City departments; and WHEREAS, such a Board may also be designed to have a role in receiving, referring, and at times reviewing complaints about City personnel, providing a safe space for community feedback; and WHEREAS, SSF VOICES will focus on a holistic approach to community safety which includes housing, education, social services, policing and other areas; and WHEREAS, SSF VOICES members shall perform their duty in a professional and impartial manner free from bias against public safety officials and City personnel; and WHEREAS, SSF VOICES aims to achieve not only transparency and accountability but also increase trust in public safety and law enforcement, while offering enhanced safety nets that support communities previously harmed by isolation and systemic injustice; and WHEREAS, it is crucial that the assignments of the Board are centered in achieving racial and social equity for all South San Francisco residents and recognizing that discrimination is deemed unacceptable and not tolerated; and WHEREAS, SSF VOICES is not a policy making body and will not participate in City departmental disciplinary actions, legal issues, criminal or internal investigations, or critical incidents, except where it would have the ability to review certain investigations that are disclosable to the public under applicable state law; and City of South San Francisco Printed on 3/16/2022Page 1 of 7 powered by Legistar™ File #:21-913 Agenda Date:1/26/2022 Version:1 Item #:14a. WHEREAS, the City Council hereby declares the following in furtherance of the intent of this ordinance: ·The City Council recognizes, values, and will proactively work to promote diversity, equity, inclusion, and a sense of belonging within South San Francisco by establishing a community equity and safety advisory board committed to promoting racial and social equity; ·The City Council recognizes the necessity to apply an equity lens to reduce disparities and advance equitable practices, which involves enhancing safety nets that support communities previously harmed by isolation and systemic injustice and investing in areas that promote and create safe, healthy, and thriving communities; ·The City Council openly supports and commits to joining endeavors around the State and nationwide to implement and produce greater accountability amongst public safety agencies, including but not limited to law enforcement; ·The City Council commits to dismantling systemic and institutional racism and has accepted the Final Report and Racial Equity Action Plan by the South San Francisco Commission on Racial and Social Equity, describing the Commission’s effort to examine City’s policies and practices with respect to policing, mental health, and other community services to make recommendations to further equity and social justice; ·The City Council continues to support the strategic initiatives of Quality of Life and Community Connections, ensuring public safety; ·The City Council recognizes the Commission’s work to address racial and social inequity within the South San Francisco community, and therefore desires to establish the South San Francisco Vision of Inclusive Community Equity and Safety Board to continue the City’s racial and social equity work. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council finds that all recitals above are true and correct and are incorporated herein by this reference. SECTION 2. A new Chapter 2.85 is added to Title 2 of the City of South San Francisco Municipal Code to read as follows: Chapter 2.85 Equity and Safety Advisory Board 2.85.010 Establishment; Composition; Appointment; Qualifications 2.85.020 Terms 2.85.030 Limitation of Terms; Vacancies 2.85.040 Chairperson; Vice chairperson; Secretary City of South San Francisco Printed on 3/16/2022Page 2 of 7 powered by Legistar™ File #:21-913 Agenda Date:1/26/2022 Version:1 Item #:14a. 2.85.050 Training 2.85.060 Meetings 2.85.070 Compensation 2.85.080 Attendance at meetings 2.85.090 Board roles and responsibilities 2.85.010 Establishment; Composition; Appointment; Qualifications. (a) A Community Equity and Safety Advisory Board for the City is hereby established. The Board shall be named “SSF Vision of Inclusive Community Equity and Safety” (SSF VOICES) and shall operate pursuant to the requirements established herein. (b)The Board shall consist of a maximum of 7 members, plus one alternate. (c)The City Council shall appoint the members of the Board. Each Councilmember shall appoint one member. The remaining two members and one alternate shall be appointed by a majority of the City Council. (d)Members of the Board shall be residents of South San Francisco. In making appointments, the City Council shall consider diverse and active community members of integrity and commitment to racial and social equity representing the diversity of South San Francisco; 2.85.020 Terms. Except as provided in Section 2.85.030 below, the term of each member of the Board shall be four years and until a successor is appointed and qualified; however, terms shall be staggered and members shall be appointed to either an initial four-year or -two year term to allow for staggered terms. Terms shall expire in even- numbered years. 2.85.030 Limitation of Terms; Vacancies. Board members shall be limited to three consecutive terms. For purposes of calculating consecutive terms, service of at least two years plus one day during a term shall be counted as a complete term; all prior continuous service of existing Board member shall be counted. Upon serving the maximum number of consecutive terms, a Board member shall not be eligible for re-appointment to the Board for a period of two years. If a vacancy occurs on the Board, the alternate shall serve the remaining unexpired term of the former incumbent. If an additional vacancy occurs, the City Council shall appoint an individual to serve the remaining unexpired term. 2.85.040 Chairperson; Vice chairperson; Secretary. (a) At the first meeting of the Board and the first meeting of each calendar year, the Board shall elect a Chairperson and a Vice Chairperson. The term of said offices shall be one year. The Vice Chairperson shall serve as chair in the absence of the Chairperson. (b)The City’s Chief Equity and Inclusion Officer or designee shall serve as Commission Secretary. 2.85.050 Training. City of South San Francisco Printed on 3/16/2022Page 3 of 7 powered by Legistar™ File #:21-913 Agenda Date:1/26/2022 Version:1 Item #:14a. (a) Each member of the Board shall receive training on topics relevant to the Board’s roles and responsibilities as set forth in this chapter, and as may be deemed necessary by the Board from time to time. The City Manager’s Office shall be responsible for arranging training of the Board. 2.85.060 Meetings. (a) The Board shall hold regular meetings on the third Monday of every month. It is expected that each member will contribute and provide meaningful input on the topics on the meeting agenda. The Chairperson will collaborate with the Secretary to establish meeting agendas. Individual Board members may suggest topics to be placed on a meeting agenda during a public meeting. (b)The Board may meet more frequently than prescribed in subsection (a) to address identified issues related to racial or social equity or special circumstances. (c)The Board may create committees and/or subcommittees to review data, develop a plan to assess the areas of concern with respect to systemic racism within South San Francisco, and provide input or recommendations to the entire Board and/or the City Manager. (d)A majority of the then-serving members of the Board shall constitute a quorum. (e)All meetings of the Board shall be open to the public and comply with the Ralph M. Brown Act (California Government Code section 54950 et seq.). (f)If the day designated as a regular, adjourned regular, special or study meeting falls upon a legal holiday, the Board shall meet upon the next succeeding day which is not a holiday unless otherwise ordered by the Commission. (g)The Board may create, amend, and repeal its own bylaws or otherwise establish rules of procedure and other rules for the conduct of its business by resolution. (h)The Secretary of the Board shall ensure the preparation and maintenance of minutes of the business conducted and actions taken by the Board. 2.85.070 Compensation. Members of the Board shall be eligible for a stipend as provided for in Chapter 2.84. 2.85.080 Attendance at meetings. Board members are expected to attend all regular and special Board meetings. Board members may be removed by a majority vote of the City Council following three excused or two unexcused absences for such meetings during the course of one fiscal year. An absence is considered excused when a Board member notifies the Secretary of the intended absence at least twenty-four hours prior to the scheduled meeting time. All other absences are considered unexcused. City of South San Francisco Printed on 3/16/2022Page 4 of 7 powered by Legistar™ File #:21-913 Agenda Date:1/26/2022 Version:1 Item #:14a. 2.85.090 Board roles and responsibilities. The Board shall be an advisory body to the City Manager on matters relating to community equity and safety, applying an equity lens to community issues and fostering a sense of safety. The Board’s role includes, but is not limited to, carrying out and, as applicable, making recommendations to the City Manager with respect to the following tasks: (a) The Board will identify areas to improve equity, diversity, inclusion, and belonging in all areas of City processes and public safety and make appropriate recommendations to the City Manager. (b)The Board will recommend appropriate changes of public safety and equity policies and procedures toward the goals of safeguarding the rights of persons and promoting higher standards of competency, efficiency and justice in the provision of equitable community public safety services. (c)The Board may recommend policies and practices and advocate for early intervention strategies that minimize involvement of youth in the criminal justice system. (d)The Board will act as a liaison between the community and City staff, offering strategies to develop and implement sound community public safety concepts, increase public awareness, and further efforts of transparency and accountability. (e)The Board will utilize community voice not only to address concerns regarding policing but also other equity and public safety arenas that impact quality of life and safeguard against disaster, crime, and other threats or danger to civilian protections. (f)The Board will connect with community networks and community-based organizations as necessary in pursuit of its goals. (g)The Board will periodically share its efforts externally through updates on the City website and social media, through community meetings or other outreach efforts as necessary, and through an annual written report to the City Manager and City Council concerning its priorities and progress. The report will include an annual work plan with progress on initiatives. (h)The Board will promote positive police-community relations in an effort to provide better services and expectations from the community and police. (i)The Board will provide an alternative channel for members of the public to file a complaint regarding compliance with City policies and applicable laws by City personnel, as follows: 1)The Board will receive complaints regarding South San Francisco personnel alleging failure to comply with City policies and applicable laws. The Board shall refer such complaints to the City’s Human Resources Department. 2)The Board will not investigate complaints received. In consultation with the City Attorney’s Office, the Human Resources Department will determine the appropriate form of investigation and assign an investigator. City of South San Francisco Printed on 3/16/2022Page 5 of 7 powered by Legistar™ File #:21-913 Agenda Date:1/26/2022 Version:1 Item #:14a. 3)The complaint and investigation process shall be designed to respect the rights of both complainants and the City personnel who is the subject of the complaint, and shall comply with applicable federal and state law, including California laws governing general law cities and Government Code section 3300 et seq., and bargaining agreements. The complaint and investigation process shall also maintain the confidentiality of the complainant to the extent possible. 4)For complaints made directly to the Board, the Board may receive updates only on the assignment of a complaint to an investigator and the identity of the investigator, investigation completion date, whether the complaint was substantiated, and any remedial actions taken. “Remedial actions” do not include discipline or other personnel info, but may include certain remedy to the complainant such as, for example only, whether a citation is dismissed. The foregoing process shall not alter existing procedures relating to filing complaints with the City. Complaints made by City personnel related to matters within the course of employment shall be made in accordance with the City’s existing policies and procedures. The City Council may adopt additional policies and procedures governing the Board’s receipt, referral, and review of complaints. (j) In instances where investigatory files and related material are considered public records under California Penal Code sections 832.5 and 832.7, the Board shall have the ability to review records and files relating to the investigation and the outcome of the investigation when the records, files or outcome are considered public records. Such records and files shall only be provided to the Board upon conclusion of the investigation or after all administrative and judicial appeals have been exhausted, if required by applicable state law. The Board may ask questions and make policy recommendations for future investigations, but in no event shall the Board make independent decisions, or determine or make recommendations regarding specific disciplinary actions or related outcomes. (k) The Board will review data related to equity and public safety. (l) The Board will submit a yearly work plan to the City Manager and City Council in order to ensure a manageable scope of work. The Board will also submit an annual report including the work plan and progress made on initiatives. SECTION 3.Severability If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby. SECTION 4.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) City of South San Francisco Printed on 3/16/2022Page 6 of 7 powered by Legistar™ File #:21-913 Agenda Date:1/26/2022 Version:1 Item #:14a. 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 3/16/2022Page 7 of 7 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-45 Agenda Date:1/26/2022 Version:1 Item #:15. Report regarding a resolution amending the Capital Improvement Program Budget for Fiscal Year 2021-22 approving an additional appropriations request of $800,000 and authorizing City Staff to prepare an Initial Study for the City Hall Annex Replacement (Project Number pf2209)and approving Budget Amendment number 22.039 in an amount not to exceed $800,000 transferring funds from the Infrastructure Reserve to provide funding for this initial study.(Jacob Gilchrist, Director of Capital Projects) RECOMMENDATION Staff recommends that Council adopt a resolution amending the Capital Improvement Program Budget for Fiscal Year 2021-22 approving an additional appropriations request of $800,000 and authorizing City Staff to prepare an Initial Study for the City Hall Annex Replacement (Project Number pf2209)and approving Budget Amendment number 22.039 in an amount not to exceed $800,000 transferring funds from the Infrastructure Reserve to provide funding for this initial study. BACKGROUND/DISCUSSION The City Hall Annex,located at 315 Maple Avenue is an 8,800 square foot City facility located on the City Hall block.Originally dedicated as the South San Francisco Police Station in 1949,it was used for that function until 1985 when the Police Department moved to the Municipal Services Building at 33 Arroyo Avenue.Currently the Annex houses the offices of the Building,Engineering,and Planning divisions.It also serves as the Permit Desk for these departments.This report to Council intends to explain the reasons to consider replacing the building and the initial steps to study a City Hall Annex replacement. The City Hall Annex is challenging to maintain,operate,and use.The building has significant safety and code compliance deficiencies.When considering the opportunity to reimagine the space currently taken by the Annex, Annex Storage building, and driveway, it is clear to staff that the Annex has outlived its useful life. In 2015,staff created a facility condition assessment of the Annex with assistance of an engineering consultant. The assessment notes several life/safety challenges with the building.The HVAC controls,windows,and electrical services were all rated as “poor”with a remaining useful life of 0-10 years.Since then,additional issues have arisen.The retaining wall adjacent to the Annex storage room is of particular concern as there is evidence of failing structural reinforcement of a wall that holds up a portion of the City Hall Parking Lot. While the assessment does not make a recommendation for a building replacement over renovation,the original construction method of the building makes it nearly impossible to renovate.The thick,poured concrete walls create a stout,bunker-like structure,but this construction method is notoriously difficult to modernize with contemporary air handling,electrical,and plumbing systems.Doing so would require puncturing walls that are likely to crack and crumble, causing structural concerns. The Annex and its surrounding functional area,including the adjacent landscape and storage room,present major issues regarding compliance with the Americans with Disabilities Act.Code requirements for accessibility mandate that buildings within a shared space and function,i.e.,the City Hall Block,shall be accessible to each other without the need to use perimeter sidewalks.Currently,that is not the condition of the City Hall block.It is not possible to walk from City Hall to the Library or the Annex via an accessible path ofCity of South San Francisco Printed on 3/16/2022Page 1 of 3 powered by Legistar™ File #:22-45 Agenda Date:1/26/2022 Version:1 Item #:15. City Hall block.It is not possible to walk from City Hall to the Library or the Annex via an accessible path of travel without using the sidewalk.As such,disabled community members are required to navigate significantly longer distances to travel one building to another, creating an inequitable condition. As a staff space,the building is cramped and uncomfortable.Currently,Building is planning to convert two storage closets into office spaces.Already,one small conference area was turned into workspaces.The conference room,which is used for permit reviews,Design Review Board meetings,and discussions with developers is small and difficult to use as a collaboration space.Part of this study will include reviewing current and future needs of the divisions housed in the Annex. Process for Study If directed to proceed, staff will use this initial budget to complete the following tasks: •Hire Design Team A draft request for proposals is ready for advertising to get a design team on board in the near term.Staff is looking for experts in designing public spaces that are compatible with historic resources and at the forefront of sustainable design. •Collect Historic Documents Replacing a facility of this age requires initial investigation work of the building history.Staff is currently reviewing the historic resource documents for City Hall and the Grand Avenue Library to determine what level of additional analysis is needed for the Annex. •Analyze and Assess Site While some site assessment work was completed during the Downtown Parking Garage study,further geologic and utility location analysis need to be completed to determine the optimal location for a replacement facility. •Establish Building and Landscape Program As the site constraints and opportunities become clear,staff will draft the overall program of elements for the plan.This program will include everything from interior staff spaces to outdoor park areas. •Develop Design Vision Using the established program,the design team will apply the program spaces to the site,creating a design vision that is at once forward thinking yet compatible with the adjacent historic buildings. •Present Draft Plan to City Council Following internal review of design options,staff will return to Council to present the Draft City Hall Annex Replacement design and an estimate of costs for planning, design, and construction. Potential Vision Tentatively,pending review of existing conditions and historic preservation requirements,the vision is to replace the 8,800-sf building with roughly 15,000 sf of space to accommodate the following departments: ·Building ·Engineering ·Finance ·Information Technology (potentially) ·Planning Additionally,staff will consider including approximately 10,000 sf for a licensed preschool.A major resource City of South San Francisco Printed on 3/16/2022Page 2 of 3 powered by Legistar™ File #:22-45 Agenda Date:1/26/2022 Version:1 Item #:15. for the downtown community, a preschool at this location could potentially accommodate 120-200 children. Staff is targeting an overall project budget in the range of $30-40 million.The costs and areas included in this staff report are very rough and will become more specific through the process of site assessment and programming. The initial study will include a professional engineer’s estimate for all project costs. The opportunities for the area are myriad and transformative for the City Hall block.By including space for several City departments -Building,Engineering,Finance,Planning,and potentially IT -staff remains co- located with City Hall and the City Manager’s Office.The divisions housed in the Annex have a critical customer service component to their work.The new Annex would be a safe,accessible,and comfortable place for building project plan reviews,purchasing parking permits,and any other service provided by these divisions. In addition to the aforementioned benefits,replacing the Annex creates the opportunity to rethink some adjacent spaces that need improvement.This study will seek to clarify the pedestrian circulation of the City Hall block, creating a beautiful and functional experience.The study can also reconsider the park areas such as the as the plaza immediately adjacent to the City Hall Annex as well as the road that physically separates the Annex from City Hall.An overall vision that looks to create more successful navigability of the block could allow for a safer and more equitable experience for residents and staff alike. FISCAL IMPACT The approximate cost of professional services for this initial study is a one-time cost of $800,000.Staff proposes the use of Infrastructure Reserves through Budget Amendment number 22.039. RELATIONSHIP TO STRATEGIC PLAN This effort is included in the City’s Strategic Plan.It aligns with Priority #2 which is focused on enhancing quality of life and Priority #3 which is focused on enhancing public safety. CONCLUSION Approval of the resolution will allow staff to develop an initial study for the replacement of the City Hall Annex. ATTACHMENTS 1.Attachment 1 - Slide Show City of South San Francisco Printed on 3/16/2022Page 3 of 3 powered by Legistar™ City Hall Annex Replacement Initial Study January 26 2022 About The Annex •1949 –Opened as Police Station •1985 –Repurposed when PD moved to MSB •Current home of Building, Planning, and Engineering •Major Life Safety and Functional Issues Life / Safety Concerns •Electrical, HVAC, Plumbing, Windows are in poor condition •Significant water infiltration •Surrounding retaining walls are failing •Building nearly impossible to modernize •ADA compliance of the entire City Hall Block Life / Safety Concerns Surrounding retaining walls are failing Life / Safety Concerns Significant water infiltration in staff areas Life / Safety Concerns Pedestrian routes do not meet accessibility codes Staff Space Concerns Staff plan to soon use closets as offices Surrounding Functional Challenges Grand Avenue driveway Surrounding Functional Challenges Underused park space City Hall Block Aerial Photograph Initial Study Process Present Draft Plan To City Council Develop Design Vision Establish Building and Landscape Program Analyze and Assess Site Collect Historic Documents Hire Design Team City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-46 Agenda Date:1/26/2022 Version:1 Item #:15a. Resolution amending the Capital Improvement Program Budget for Fiscal Year 2021-22 approving an additional appropriations request of $800,000 and authorizing City Staff to prepare an Initial Study for the City Hall Annex Replacement (Project Number pf2209)and approving Budget Amendment number 22.039 in an amount not to exceed $800,000 transferring funds from the Infrastructure Reserve to provide funding for this initial study. WHEREAS,on June 23,2021,through Resolution 129-2021,City Council approved the Capital Improvement Program for FY 2021- 22; and WHEREAS,the City Hall Annex,located at 315 Maple Avenue is an 8,800 square foot City facility located on the City Hall block,and has become challenging to maintain,operate,and use due to its age and other related factors; and WHEREAS,in 2015,staff engaged in a facility condition assessment of the Annex with assistance from an engineering consultant,and the assessment revealed several challenges with the building including HVAC issues and aging electrical services; and WHEREAS,staff believes the City Hall Annex is in need of replacement and the City Hall Block is in need of improvement; and WHEREAS,replacement of the City Hall Annex and improvements to the City Hall block produce benefits for both the City and the general public, as described in the accompanying staff report; and WHEREAS,staff requests an initial budget to begin preparing an initial study for the City Hall Annex Replacement Project including undertaking tasks such as hiring a design team,collect historic documents, perform site analysis, and establishing landscape and other programs. NOW,THEREFORE,BE IT RESOLVED,the City Council approves a Budget Amendment number 22.039 in an amount not to exceed $800,000 amending the Capital Improvement Program Resolution 129-2021 and authorizes the City Manager to proceed with a City Hall Annex Replacement Initial Study. ***** City of South San Francisco Printed on 3/16/2022Page 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 #:21-917 Agenda Date:1/26/2022 Version:1 Item #:16. Conference with Labor Negotiators (Pursuant to Government Code Section 54957.6) Agency designated representatives: Mike Futrell, City Manager; Leah Lockhart, Director of Human Resources, Donna Williamson and Lisa Charbonneau, Liebert Cassidy Whitmore Employee organizations: AFSCME Local 829, IUOE Local 39, IAFF Local 1507, Police Association, Public Safety Managers, Teamsters Local 856 - Confidential, Teamsters Local 856 - Mid-management Unrepresented employees: Executive Management City of South San Francisco Printed on 3/16/2022Page 1 of 1 powered by Legistar™