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Home My WebLink About06.08.22@600 Regular CCWednesday, June 8, 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/84316411204 City Council Regular Meeting Agenda 1 June 8, 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 will 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 will 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 6/9/2022 2 June 8, 2022City Council Regular Meeting Agenda ZOOM LINK BELOW -NO REGISTRATION REQUIRED Join Zoom meeting https://ssf-net.zoom.us/j/84316411204 (Enter your email and name) Join by One Tap Mobile : US: +16699006833,,84316411204# or +12532158782,,84316411204# 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: 843 1641 1204 How to observe the Meeting (no public comment): 1) Local cable channel: Astound, Channel 26, Comcast, Channel 27, or AT&T, Channel 99 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 843 1641 1204. Click *9 to raise a hand to speak. Click *6 to unmute when called. By One tap mobile: US: +16699006833,,84316411204# or +12532158782,,84316411204# 2) Online at: https://ssf-net.zoom.us/j/84316411204 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 6/9/2022 3 June 8, 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 6/9/2022 4 June 8, 2022City Council Regular Meeting Agenda CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE AGENDA REVIEW ANNOUNCEMENTS FROM STAFF PRESENTATIONS Certificate honoring 2022 Women’s Hall of Fame inductee Rowena (Reyna) Poti-Meafua. (Mark Nagales, Mayor) 1. Proclamation recognizing Juneteenth as National Freedom Day. (Mark Nagales, Mayor) 2. Proclamation recognizing June as LGBTQ+ Pride Month. (Mark Nagales, Mayor)3. PUBLIC COMMENTS Submitted 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 meeting of May 25, 2022.4. Page 5 City of South San Francisco Printed on 6/9/2022 5 June 8, 2022City Council Regular Meeting Agenda Report regarding a resolution approving a consulting services agreement with Daryl D. Jones, Inc. for Telecommunications Engineering and Police Information Technology Management Services for a three-year term in an amount not to exceed $630,250.00 and authorizing the City Manager to execute the consulting services agreement. (Ron Carlino, Deputy Police Chief) 5. Resolution approving a consulting services agreement with Daryl D. Jones, Inc. for Telecommunications Engineering and Police Information Technology Management Services for a three-year term in an amount not to exceed $630,250 and authorizing the City Manager to execute the consulting services agreement. 5a. Report regarding a resolution authorizing the acceptance of $4,732 in federal Library services and Technology Act grant funding from the California State Library to purchase a Glowforge 3D Laser Cutter for the Main Library’s Makerspace and approving Budget Amendment 22.067. (Adam Elsholz, Assistant Library Director) 6. Resolution authorizing the acceptance of $4,732 in federal Library Services and Technology Act grant funding from the California State Library to purchase a Glowforge 3D Laser Cutter for the Main Library’s Makerspace and approving Budget Amendment 22.067. 6a. Report regarding a resolution authorizing the acceptance of $4,100 in grant funding for Fiscal Year 2021-22 from various funders to support the Parks and Recreation Department’s childcare programs, and amending the Parks and Recreation Department’s Fiscal Year 2021-22 Operating Budget pursuant to budget amendment #22.066. (Greg Mediati, Director of Parks and Recreation) 7. Resolution authorizing the acceptance of $4,100 in grant funding for Fiscal Year 2021-22 from various funders to support the Parks and Recreation Department’s childcare programs, and amending the Parks and Recreation Department’s Fiscal Year 2021-22 Operating Budget pursuant to budget amendment #22.066. 7a. Report regarding adoption of a resolution approving Parcel Map 22-0269 for the purposes of dedicating new public easements and splitting the existing parcel into two lots as part of the 180 El Camino Real Redevelopment project. (Jason Hallare, Senior Civil Engineer) 8. Resolution approving Parcel Map 22-0269 for the purposes of dedicating new public easements and splitting the existing parcel into two lots as part of the 180 El Camino Real Redevelopment project; and authorizing the recording of said Parcel Map and all related documents with the San Mateo County Recorder. 8a. Page 6 City of South San Francisco Printed on 6/9/2022 6 June 8, 2022City Council Regular Meeting Agenda Report regarding a resolution approving purchase agreements for the furnishing of bulk process chemicals at the Water Quality Control Plant (WQCP) not to exceed $2,446,896 for the fiscal year 2022-23 and authorize the City Manager to execute the purchase agreements. (Brian Schumacker, Water Quality Control Plant Superintendent). 9. Resolution approving purchase agreements for the furnishing bulk process chemicals at the Water Quality Control Plant for fiscal year 2022-23 and authorizing the City Manager to execute the purchase agreements 9a. Report regarding a resolution approving a purchase agreement with JWC Environmental Inc. not to exceed $425,000 per fiscal year for fiscal years 2022-23 through 2026-27, and authorizing the City Manager to execute the agreement on behalf of the City. (Brian Schumacker, Plant Superintendent) 10. Resolution approving a purchase agreement with JWC Environmental Inc, for the purchase of parts to repair and refurbish sewage grinders at the Water Quality Control Plant and Sewage Pump Stations for fiscal years 2022-23 through 2026-27 in an amount not to exceed $425,000 per fiscal year and authorizing the City Manager to execute the agreement on behalf of the City of South San Francisco 10a. Report regarding a resolution approving a services agreement with Peterson Power Systems of San Leandro, California for the maintenance and repair of the Emergency Standby Generators, 480V Utility/Generator Paralleling Switchgear, and the Cogeneration Engine Generator at the Water Quality Control Plant (WQCP) and Sewage Pump Stations not to exceed $350,000 per year for fiscal years 2022-23 through 2026-27. (Brian Schumacker, Water Quality Control Plant Superintendent) 11. Resolution approving a services agreement with Peterson Power Systems of San Leandro, California, for the maintenance and repair of the Emergency Standby Generators, 480V Utility/Generator Paralleling Switchgear and Cogeneration Engine Generator at the Water Quality Control Plant and Pump Stations for fiscal years 2022-23 through 2026-27 in an amount not to exceed $350,000 per fiscal year and authorizing the City Manager to execute the agreement on behalf of the City of South San Francisco. 11a. ADMINISTRATIVE BUSINESS Report regarding a resolution to adopt The 2022 Child Care Master Plan for South San Francisco: A Plan for 2020-2030. (Greg Mediati, Director of Parks and Recreation) 12. Page 7 City of South San Francisco Printed on 6/9/2022 7 June 8, 2022City Council Regular Meeting Agenda Resolution adopting The 2022 Child Care Master Plan for South San Francisco: A Plan for 2020-2030. 12a. Report regarding approving on-call consulting services agreements with CSG Consultants, Inc., DKS Associates, Gannet Fleming, Inc., Gray-Bowen-Scott, Michael Baker International, Inc., Swinerton Management & Consulting, TRC Engineers, Inc, and West Coast Code Consultants, Inc. for on-call municipal engineering services for the City of South San Francisco’s Capital Improvement Program in an amount not to exceed $4,500,000 for each firm, for a total contract authority amount of $36,000,000 for a three year term, and authorizing the City Manager to execute the agreements on behalf of the City. (Matthew Ruble, Principal Engineer) 13. Resolution approving on-call consulting services agreements with CSG Consultants, Inc., DKS Associates, Gannet Fleming, Inc., Gray-Bowen-Scott, Michael Baker International, Inc., Swinerton Management & Consulting, TRC Engineers, Inc, and West Coast Code Consultants, Inc. for on-call municipal engineering services for the City of South San Francisco’s Capital Improvement Program in an amount not to exceed $4,500,000 for each firm, for a total contract authority amount of $36,000,000 for a three year term, and authorizing the City Manager to execute the agreements on behalf of the City. 13a. Report regarding adoption of a resolution awarding a construction contract to CF Contracting, Inc. for the Grand Avenue and Airport Boulevard Streetscape Improvements Project (No. st1801, Bid No. 2657) in an amount not to exceed $3,188,285, authorizing a total construction contract authority budget of $3,825,942. (Jeffrey Chou, Associate Civil Engineer) 14. Resolution awarding a construction contract to CF Contracting, Inc. of San Francisco, California for the Grand Avenue and Airport Boulevard Streetscape Improvements Project (No. ST1801, Bid No. 2657) in an amount not to exceed $3,188,285, authorizing a total construction contract authority budget of $3,825,942, and authorizing the City Manager to execute the agreement on behalf of the City. 14a. Report regarding a resolution confirming the change in solid waste collection rates to be collected by the South San Francisco Scavenger Company effective July 1, 2022. (Paul Harris, Financial Services Manager) 15. Resolution confirming the change in solid waste collection rates to be collected by the South San Francisco Scavenger Company effective July 1, 2022. 15a. ITEMS FROM COUNCIL – COMMITTEE REPORTS AND ANNOUNCEMENTS Page 8 City of South San Francisco Printed on 6/9/2022 8 June 8, 2022City Council Regular Meeting Agenda CLOSED SESSION Conference with Real Property Negotiators (Pursuant to Government Code Section 54956.8) Property: 109 Longford Drive Agency negotiators: Tony Rozzi, Acting ECD Director; Ashley Crociani, Economic Development & Housing Negotiating parties: Danielle Turner and William Turner, Raymond Cho, Brian Tran, and Brandon Tran Under negotiation: Price and terms 16. ADJOURNMENT Page 9 City of South San Francisco Printed on 6/9/2022 9 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-440 Agenda Date:6/8/2022 Version:1 Item #:1. Certificate honoring 2022 Women’s Hall of Fame inductee Rowena (Reyna) Poti-Meafua. (Mark Nagales, Mayor) City of South San Francisco Printed on 6/3/2022Page 1 of 1 powered by Legistar™10 CITY OF SOUTH SAN FRANCISCO Certificate of Recognition ROWENA (REYNA) POTI-MEAFUA 2022 Women’s Hall of Fame Honoree Awarded by San Mateo County City Council of South San Francisco do hereby congratulate and celebrate Reyna Poti-Meafua on this outstanding accomplishment. You are an inspiration to our community. Presented on this 10th day of May 2022 by the City Council of South San Francisco. Mark Nagales, Mayor Buenaflor Nicolas, Vice Mayor Mark Addiego, Councilmember James Coleman, Councilmember Eddie Flores, Councilmember 11 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-469 Agenda Date:6/8/2022 Version:1 Item #:2. Proclamation recognizing Juneteenth as National Freedom Day.(Mark Nagales, Mayor) City of South San Francisco Printed on 6/3/2022Page 1 of 1 powered by Legistar™12 Dated: June 8, 2022 IN RECOGNITION OF JUNETEENTH AS NATIONAL FREEDOM DAY: A DAY OF OBSERVANCE WHEREAS, on June 19, 1865, Union General Gordon Granger led troops into Galveston, Texas, to announce the end of the Civil War, and the insidious institution of slavery; and WHEREAS, The Emancipation Proclamation, issued by President Abraham Lincoln, had legally freed slaves in Texas on January 1, 1863, almost 2 ½ years earlier. Even after the general order, some slave masters withheld the information from their slaves, holding them as slaves through one more harvest season; and WHEREAS, as word spread about Granger’s announcement, celebrations broke out across the state. Juneteenth (short for “June Nineteenth”) commemorates this day, which marked the effective end of slavery in the United States; and WHEREAS, that December, slavery in America was formally abolished with the adoption of the 13th Amendment; and WHEREAS, in the ensuing decades, Juneteenth commemoration features music, barbeques, prayer services and other activities, and as black people migrated from Texas to other parts of the country the Juneteenth tradition spread; and WHEREAS, the thousands of African Americans who journeyed out of the south and settled in the San Francisco Bay Area, taught our state that American’s struggle for independence did not end in 1776 or 1865, but continues to this day; and WHEREAS, on Juneteenth, we recommit ourselves to the work of equity, equality, and justice. And, we celebrate the centuries of struggle, courage, and hope that have brought us to this time of progress and possibility. That work has been led throughout our history by abolitionists and educators, civil rights advocates and lawyers, courageous activists and trade unionists, public officials, and everyday Americans who have helped make real the ideals of our founding documents for all. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of South San Francisco urge all South San Franciscans to honor and reflect on the significant role that African Americans have played in the history of the United States and how they have enriched society through their steadfast commitment to promoting unity and equality. ________________________________ Mark Nagales, Mayor ________________________________ Buenaflor Nicolas, Vice Mayor ________________________________ Mark Addiego, Councilmember ________________________________ James Coleman, Councilmember ________________________________ Eddie Flores, Councilmember 13 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-470 Agenda Date:6/8/2022 Version:1 Item #:3. Proclamation recognizing June as LGBTQ+ Pride Month.(Mark Nagales, Mayor) City of South San Francisco Printed on 6/3/2022Page 1 of 1 powered by Legistar™14 Dated: June 8, 2022 IN RECOGNITION OF JUNE AS LGBTQ+ PRIDE MONTH June 8, 2022 WHEREAS, Pride Month is a time to recall the trials the Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ+) community has endured and to rejoice in the triumphs of trailblazing individuals who have bravely fought – and continue to fight – for full equality; and WHEREAS, this month commemorates the events of June 1969 when an uprising was staged in New York City at the Stonewall Inn against the police harassment of LGBTQ+ persons; and WHEREAS, patrons and supporters of the Stonewall Inn in New York City resisted police harassment that had become all too common for members of the LGBTQ+ community. Out of this resistance, the LGBTQ+ rights movement in America was born; and, WHEREAS, during LGBTQ+ Pride Month, we recognize the resilience and determination of the many individuals who are fighting to live freely and authentically. In doing so, they are opening hearts and minds, and laying the foundation for a more just and equitable America; and WHEREAS, the LGBTQ+ community has worked tirelessly for respect and equality. Their battles have been fought in the courts, from marriage equality to demanding equal protection under the law; and WHEREAS, as we celebrate and declare June as Pride Month in California, we are reminded of what makes California great – our remarkable capacity to live together and advance together across every conceivable difference; and WHEREAS, in South San Francisco we celebrate and support our LGBTQ+ community’s right to live their lives out loud – during Pride Month and every month. As we celebrate Pride Month across the State of California, we must continue to demand equal rights for all. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of South San Francisco do hereby proclaim June as LGBTQ+ Pride Month by flying the Intersex-Inclusive Pride Progress flag at the South San Francisco City Hall in addition to lighting up Sign Hill Tree with rainbow colors. We affirm our obligation to uphold the dignity of all people, and dedicate ourselves to protecting the more vulnerable among us. ________________________________ Mark Nagales, Mayor ________________________________ Buenaflor Nicolas, Vice Mayor ________________________________ Mark Addiego, Councilmember ________________________________ James Coleman, Councilmember ________________________________ Eddie Flores, Councilmember 15 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-488 Agenda Date:6/8/2022 Version:1 Item #: Submitted Public Comments City of South San Francisco Printed on 6/8/2022Page 1 of 1 powered by Legistar™16 Agenda Item 12. 22-423 Report regarding a resolution to adopt The 2022 Child Care Master Plan for South San Francisco: A Plan for 2020-2030. (Greg Mediati, Director of Parks and Recreation) Legislation Text City Council - SSF Child Care Master Plan Approval - June 8, 2022 Presentation_SRad SSF- Childcare-plan-v10-web 2 Public Comments Guest User at June 08, 2022 at 2:20pm PDT Support Honorable Mayor Nagales and Council, The Child Care Master Plan before you is based on a very comprehensive, well-researched and -written study of all the complex factors, challenges, and resources to be considered. The many recommendations for actions provide excellent direction for all stakeholders. I encourage you to adopt the Plan and to work with School District leaders to engage other sectors and community members to begin to implement priority recommendations. The City has been a leader on child care policy and services in the County for decades and the District operates long-standing model programs as well. However, the additional stressors on the child care/early education system (e.g. workforce shortages, covid impacts, TK rollout) and new opportunities (e.g. federal funding, state workforce and facilities grants) call for enhanced communication, common commitment, and engagement with the child care provider community. Having an outside facilitator for advisory committee meetings would be helpful, as would a jointly-funded, even part-time, coordinator to support the ongoing work and to represent the interests of the whole provider and parent community. As Redwood City’s child care coordinator for over 25 years, I was able to support the development and improvement of our local system of center- and home-based programs by facilitating the use and/or capture of available local, state and federal resources, affecting supportive policy changes in our city, and working directly with our community’s programs, churches, schools, etc. I’m proud to note that we have the largest percentage (of SMC cities) of centers that provide much-needed infant/toddler care, as well as preschool- age. Also, we have four new center facilities in the pipeline offered by private developers of mixed-use projects (despite no requirement or impact fee). Again, I encourage you to adopt the Plan and continue to address the needs of your community’s families. Sincerely, Kristen Anderson Child Care Planning and Policy Consultant Redwood City Guest User at June 08, 2022 at 10:58am PDT Support On behalf of the San Mateo County Child Care Partnership Council (CCPC), the publicly appointed, state- mandated local child care planning entity for San Mateo County, I am writing to voice support for the 17 adoption of the 2022 Child Care Master Plan for South San Francisco: A Plan for 2020-2030. The CCPC applauds the City’s long-term leadership on planning for child care in your community. This new Child Care Master Plan will address critical gaps in child care services for working families in the City of South San Francisco, and hopefully inspire other cities in San Mateo County to develop similar plans. Thank you for addressing this critical issue for our community. Sincerely, Sarah Kinahan Coordinator, San Mateo County Child Care Partnership Council 18 Agenda Item 14. 22-464 Report regarding adoption of a resolution awarding a construction contract to CF Contracting, Inc. for the Grand Avenue and Airport Boulevard Streetscape Improvements Project (No. st1801, Bid No. 2657) in an amount not to exceed $3,188,285, authorizing a total construction contract authority budget of $3,825,942. (Jeffrey Chou, Associate Civil Engineer) Legislation Text Attachment 1 - Vicinity Map Attachment 2 - Presentation Attachment 3 - Bid Advisory Letter Attachment 4 - CF Contracting Response Letter Attachment 5 - PW Memo to Council 1 Public Comment Guest User at June 08, 2022 at 3 37pm PDT Neutral Dear South City Council members and Department Staff, On behalf of Silicon Valley Bicycle Coalition (SVBC), a nonprofit creating a healthy community, environment, and economy through bicycling, we are writing to provide public comment on the Grand Avenue and Airport Boulevard Streetscape Improvements contract award. We are thrilled to see South City leaders support improvements to this busy corridor and prioritize bike facilities as a focal point of the development. However, creating more bike-friendly communities means investing in our infrastructure while respecting the rights of our environment, and the rights of workers The allegations against CF Contracting Inc are concerning and we hope the council does its due diligence to understand the full scope of the alleged violations and ensure similar practices do not occur during the development of this project. Furthermore, we encourage the council and staff to take additional time to consider the following adjustments to the project design. We understand it may not be feasible within the timeline and budget allowance, but the inclusion of one or two of these measures can immensely improve safety for pedestrians and bicyclists. Generally, SVBC recommends protected bike lanes or at the very least bollards on all CLASS II Bike Lanes. Extending the median on the west portion of Grand Avenue along Airport Boulevard to include a diffuse island to calm traffic and ensure safe passage for bicyclists and pedestrians, especially those with disabilities and the elderly SVBC recommends a sharper turn for vehicles traveling east on Grand Avenue turning south on Airport Boulevard The current rounded design may lead to accelerated vehicle speeds A rectangular shape promotes sharper turns, slowing traffic. Additionally, we hope a "no turn on red" signal will be added to this same turn According to the National Association of City Transportation Officials' Urban Street Design Guide, Travel lane widths of 10 feet generally provide adequate safety in urban settings while discouraging speeding The current design for this development has some lanes at 12 and 13 feet. If a redesign is possible at this stage, we do hope this is considered as a potential adjustment 19 Thank you for your leadership, time, and consideration If you have any questions, please feel free to reach out to Anthony Montes at Best, Anthony Montes | he/him/his North San Mateo County Community Organizer 20 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-465 Agenda Date:6/8/2022 Version:1 Item #:4. Motion to approve the Minutes for the meeting of May 25, 2022. City of South San Francisco Printed on 6/9/2022Page 1 of 1 powered by Legistar™21 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 City Manager Futrell requested Item 8 be moved to Presentations. ANNOUNCEMENTS FROM STAFF None. PRESENTATIONS 1. Presentation of a Certificate of Recognition to Celeste Esguerra and Nadine Macapagal, students at El Camino High School, as the 2022 Jack Drago Cultural Arts Commission Youth Art Scholarship Award Recipients. (Mark Nagales, Mayor) Councilmember Flores gave a brief background about Jack Drago and read a Certification of Recognition recognizing Celeste Esguerra and Nadine Macapagal as the 2022 Jack Drago Cultural Arts Commission Youth Art Scholarship Award Recipients. Celeste Esguerra and Nadine Macapagal accepted the Certificate of Recognition and thanked the City Council for their support. Krystle Cansino thanked the City Council and presented a slideshow of art pieces painted by the winners. MINUTES REGULAR MEETING CITY COUNCIL CITY OF SOUTH SAN FRANCISCO WEDNESDAY, MAY 11, 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. 22 REGULAR CITY COUNCIL MEETING MAY 25, 2022 MINUTES PAGE 2 Ercie Santos, Cultural Arts Specialists, added that the winners would have a virtual presentation of their artwork and at the atrium exhibit window at the Municipal Services Building. 2. Presentation recognizing Acting Recreation Manager, Kelli Jo Cullinan, for her receipt of the California Parks and Recreation Society (CPRS) District IV Distinguished Professional Award, and for her over 30 years of service to the City of South San Francisco. (Greg Mediati, Director of Parks and Recreation) Director Mediati recognized Kelli Jo Cullinan for her receipt of the California Parks and Recreation Society District IV Distinguished Professional Award, and for her over 30 years of service to the City of South San Francisco. Acting Recreation Manager Cullinan thanked the City Council and her excellent staff throughout her years of service. Mayor Nagales presented a proclamation for Kelli Jo Cullinan, recognizing her service. 3. Proclamation recognizing May 2022 as Older Americans Month. (Mark Nagales, Mayor) Vice Mayor Nicolas read the proclamation recognizing May 2022 as Older Americans Month and presented it to Kasey Jo Cullinan, Acting Recreation and Community Services Supervisor. She thanked the Council for the proclamation. 8. Presentation on the Tentatively Selected Plan for the Water Quality Control Plant Sea Level Rise Protection Project. (Jason Hallare, Senior Civil Engineer, City of South San Francisco and Robert Grimes, Regional Economist, United States Army Corps of Engineers) Senior Civil Engineer Hallare and Robert Grimes presented the Tentatively Selected Plan for the Water Quality Control Plant Sea Level Rise Protection Project. PUBLIC COMMENTS The following individuals provided public comments: Via Zoom: • Brian Brunelli • Stacy Lein • Kyla Valenti • Josue Gonzalez • Rebeca Hernandez-Arcilla • Ben Valdez • Kathryn Alexander • Michael Blume • Erika Young • Marisa Jordan • Tristan Kent • Tom O’Connell • Anders Chippindale • Kory McPeters • Nate Pisani • Pete Shea 23 REGULAR CITY COUNCIL MEETING MAY 25, 2022 MINUTES PAGE 3 • Maria Navarro • Ashly Michelson • Richard Pence • Debbie Louie • Rod Palmquist • Xochitl Cervantes • Benita Chrisman • Bobby Ingersoll • Ronald Montecinos • Edgar Arias Members of the City Council acknowledged and thanked the community for their active participation. While the Council cannot respond to public comments, they indicated that they would consider the feedback and comments received when having further discussions with staff. COUNCIL COMMENTS Mayor Nagales attended his son’s Elementary School Graduation. He announced that he would be attending the San Mateo County gun buyback event on June 4, 2022, at the County Courthouse, 1050 Mission Road, South San Francisco, and encouraged everyone to attend. Mayor Nagales shared an unfortunate experience with a resident after he posted an Asian American, Native Hawaiian, and Pacific Islander Heritage Month post on social media. The resident responded with a racist response, and Mayor Nagales called him out. Mayor Nagales requested that they adjourn the meeting in memory of Roberta Flores. He thanked Councilmember Flores and staff for organizing the second bicycle giveaway and suggested having a bike parade with the kids that received the free bikes. Mayor Nagales honored the victims of Uvalde, Texas, by reading their names: • Alexandria Aniyah Rubio – 10 years old • Amerie Jo Garza – 10 years old • Annabell Guadalupe Rodriguez – 10 years old • Eliahana Cruz Torres • Eliana “Ellie” Garcia – 9 years old • Eva Mireles – 44 years old • Irma Garcia • Jackie Cazares – 10 years told • Jailah Nicole Silguero – 10 years old • Jayce Luevanos – 10 years old • Jose Flores – 10 years old • Makenna Lee Elrod – 10 years old • Maite Rodriguez • Nevaeh Bravo • Rojelio Torres – 10 years old • Tess Marie Mata • Uziyah Garcia – 8 years old • Xavier Lopez – 10 years old 24 REGULAR CITY COUNCIL MEETING MAY 25, 2022 MINUTES PAGE 4 Vice Mayor Nicolas thanked the staff and volunteers that organized the Asian American and Pacific Islander picnic at Orange Park on May 14, 2022. She received a lot of positive comments regarding the food and resources. She requested to adjourn the meeting in memory of all the victims of gun violence from Uvalde, Texas, Buffalo, New York, and Laguna Woods, California. She also requested to adjourn the meeting in memory of Bernie Guerrero. Councilmember Addiego encouraged everyone to attend the Memorial Day celebration Monday, May 30, 2022, at Orange Memorial Park, beginning at 10:00 a.m. He advised that there will be the 81st Annual Observance at Golden Gate National Cemetery following the Memorial Day event. Councilmember Coleman requested to find ways to prevent gun violence and ensure that guns in the community are taken off the streets. He stated that South San Francisco was a diverse city and was proud of the Communities United Initiative. He invited the community to attend the Progress Pride Flag raising event at City Hall steps on June 1, 2022, at noon. Councilmember Flores echoed the remarks from his colleagues regarding the victims of gun violence. He shared his experience as a fourth-grade teacher at West Contra Costa Unified School District and stated that teachers and students should never fear being in a classroom. He sent his condolences to the teachers, spouses, and community members. He wished Officer Kathleen Walsh a speedy recovery and thanked her for serving on the saturated Traffic Enfo rcement Program. Councilmember Flores thanked everyone involved for distributing over 80 bicycles to students. He congratulated the South San Francisco Class of 2022. He thanked all the staff involved for the first Meet Your City event at Pine and Linden Avenue this past Saturday. Councilmember Flores requested to adjourn the meeting in memory of the 19 children and two adults at Uvalde and asked for a moment of silence. CONSENT CALENDAR The Deputy City Clerk duly read the Consent Calendar, after which Council voted and engaged in discussion of specific items as follows. Item No. 6 was pulled by Councilmember Flores and Item No. 7 was pulled by Mayor Nagales for further discussion. 4. Motion to approve the Minutes for the meetings of April 25, 2022, April 27, 2022, and May 11, 2022. 5. Report regarding Resolution No. 76-2022 approving a First Amendment with Flatiron West (Flatiron) of Benicia, California, for the Wet Weather and Digester Improvements Project (CIP Project No. ss1301). (Brian Schumacker, Plant Superintendent) 6. Report regarding Resolution No. 77-2022 authorizing the acceptance of $100,000 from the California State Library to support Community Learning Center’s Out of School Time Program and approving Budget Amendment 22.068. (Valerie Sommer, Library Director) 7. Report regarding Resolution No. 78-2022 appropriating an additional $325,000 towards the Façade and Tenant Improvement Grant Program with Budget Amendment Number 22.069. (Ernesto Lucero, Acting Deputy Director, Economic and Community Development Department) Item No. 6: Councilmember Flores requested the resolution for this item properly list the name as the Gene Mullin Learning Center. City Manager Futrell advised that he would work with the City 25 REGULAR CITY COUNCIL MEETING MAY 25, 2022 MINUTES PAGE 5 Attorney to amend the language and advised they were still working with the Mullin Family on the details. Item No. 7: Mayor Nagales thanked staff for bringing the item back to Council and adding the additional businesses. He inquired whether staff could bring this item back next fiscal year if there were a need for it. Acting Deputy Director Lucero confirmed that staff was looking into continuing this program to the next fiscal year. Mayor Nagales inquired whether a business could receive assistance if they weren’t part of the initial program. Acting Deputy Director Lucero stated they could always reopen the application, and program guidelines would still meet the criteria. Mayor Nagales asked whether the applicants understood that they could not use the funds for legal fees. Acting Deputy Director Lucero confirmed that they had communicated that through several different outreach methods to the businesses. Motion — Vice Mayor Nicolas /Second – Councilmember Coleman: To approve the Consent Calendar, by roll call vote: AYES: Councilmembers Addiego, Coleman, and Flores, Vice Mayor Nicolas, and Mayor Nagales; NAYS: None; ABSENT: None; ABSTAIN: None. ADMINISTRATIVE BUSINESS 9. Report regarding Resolution No. 79-2022 approving a two-year professional services agreement with Flock Safety for the service and installation of twenty-eight automated license plate recognition cameras in the amount not to exceed $164,780 and authorizing the City Manager to execute the agreement. (Scott Campbell, Police Chief and Maryjo Nuñez, Lead for America Fellow, City Manager’s Office) Police Chief Campbell and Fellow Nunez presented the report and provided an overview of the services. Mayor Nagales advised Council did not want to share any information with the U.S. Immigration and Customs Enforcement (ICE), but the staff report mentioned that information could be shared with other cities. He inquired whether other cities followed the same policy of not sharing information with ICE. Police Chief Campbell advised there were two policies, one is at the State level and another is at the County level, where local law enforcement agencies would not, under any circumstances, cooperate with ICE unless it had to do with a violent felon or someone that was a danger to society. He added that they plan to only share information with other San Mateo County agencies to better control who has access to the data. Mayor Nagales requested additional information regarding the transparency portal of the system. Police Chief Campbell stated the transparency portal would show the locations of the cameras, how many vehicles drove through each of those locations, and how many hits were recorded. It would also have an audit feature that will show the number of times the database was searched for with the agency’s identification number and the type of crime and case number for which they were searching the system. Vice Mayor Nicolas inquired whether staff reached out to other cities in the County that contracted with Flock Safety to provide pros and cons. Police Chief Campbell spoke with Police Chiefs from other cities in San Mateo County, and the majority already used Flock Safety, and they were happy 26 REGULAR CITY COUNCIL MEETING MAY 25, 2022 MINUTES PAGE 6 with their service. Mayor Nagales queried whether cities that already used Flock Safety experienced reductions in crime since implementing the service. Police Chief Campbell confirmed some cities had seen some drastic reductions in all types of crime. Councilmember Flores shared he met with the Flock Safety Director of Sales and was able to really understand the product. He inquired whether the policy adopted in January would be incorporated into tonight’s agreement with Flock Safety. City Attorney Woodruff confirmed that the agreement for the Council tonight contained the policy that the Council adopted in January. Motion — Mayor Nagales /Second – Vice Mayor Nicolas: To approve Resolution No. 79-2022, by roll call vote: AYES: Councilmembers Addiego, Coleman, and Flores, Vice Mayor Nicolas, and Mayor Nagales; NAYS: None; ABSENT: None; ABSTAIN: None. 10. Report regarding a resolution awarding a construction contract to CF Contracting, Inc. for the Grand Avenue and Airport Boulevard Streetscape Improvements Project (No. st1801, Bid No. 2657) in an amount not to exceed $3,188,285, authorizing a total construction contract authority budget of $3,825,942. (Jeffrey Chou, Associate Civil Engineer) Principal Engineer Ruble presented the report awarding a construction contract to CF Contracting, Inc. for the Grand Avenue and Airport Boulevard Streetscape Improvements Project. Mayor Nagales inquired about the rationale behind not making the bike lanes protected lanes. Principal Engineer Ruble advised the bike lanes matched the current bike lanes on Airport Boulevard with a goal to come back and do a more prominent Airport Boulevard separated bike lanes as identified in the Bike and Ped Master Plan. Mayor Nagales queried what the term “in good standing” meant in the staff report. Principal Engineer Ruble advised that when staff receives a bid from a contractor, staff checks that their license is intact and in good standing with the State. City Attorney Woodruff added that the City received a letter from the Foundation for Fair Contracting that included several allegations against CF Contracting, Inc. stating that they had failed to comply with various provisions of California Law related to labor practices. The contractor acknowledged that they had made an error and failed to pay wages but that it had since been corrected. The second allegation was that the contractor failed to pay apprenticeship fees, but their attorney explained that they participated in a different apprenticeship program that complied with the California Labor Code. The Third allegation was stated in a letter from the Department of Industrial Relations that said an investigation had been opened related to a payroll issue. The attorney for CF Contracting, Inc. stated that they had not received any notice of that investigation yet, so they did not have a complete answer. City Attorney Woodruff concluded that based on the information that is currently available, he did not believe that there was a factual foundation to conclude that there was a legal bar to awarding this contract to C F Contracting, Inc. They are licensed, and the Public Works staff has concluded that they can perform the work and that the issues that have been raised would not legally prohibit the Council from proceeding with the contract. Councilmember Addiego inquired how the City was certain that some of these allegations would not occur on this project and asked if there was something staff could do proactively to be certain that prevailing wages would be paid. Principal Engineer Ruble advised from a project management perspective that staff requires every month before they pay that monthly invoice, staff are required 27 REGULAR CITY COUNCIL MEETING MAY 25, 2022 MINUTES PAGE 7 to receive the prevailing wage rates and certified payroll showing that they have been paid correctly. On top of that, staff surveys the workers and would pull them aside wh are on the field and ask them what they are being paid. Councilmember Flores suggested moving forward now, not in the future, with solidifying the protected bike lanes. He wants to ensure that as Caltrain riders get off with their bikes, they will be protected coming and going into the Caltrain Station. Councilmember Flores inquired about the current parking spots in front of Peet’s Coffee and whether they would be eliminated or remain. Principal Engineer Ruble advised that the parking spots would remain. Councilmember Flores inquired whether there would be flashing lights for the crosswalks. Principal Engineer Ruble advised that those lights are not being proposed at this location as they are generally reserved for non-control crossings. Councilmember Flores was concerned the contractor did not notify the City of their accusations. He suggested postponing the project until the verdict was announced. He was not comfortable moving forward. City Attorney Woodruff advised that Council could defer action on the project’s approval until the first meeting in June. Mayor Nagales and Councilmember Coleman felt more comfortable postponing the approval until the first meeting in June. Councilmember Addiego inquired how long the project would be delayed if Council rejected all bids. Principal Engineer Ruble advised that if Council rejected all bids, staff would have to re- advertise the project, and it would cause a four-month delay, if not more, due to losing the summer construction months. He added that with the current inflation rate, that could cost this project $200,000-$400,000 for a project of this size and could still possibly end up with the same contractor. Councilmembers Flores and Coleman suggested a different option for the bike lanes as they felt the proposed design looked dangerous. Principal Engineer Ruble stated that the improvements were primarily to safely get people through the intersection. After discussion Council consensus was to bring the item for consideration at the June 8, 2022 meeting. Motion — Councilmember Flores /Second – Councilmember Addiego: To bring the item back for consideration at the June 8, 2022 meeting, 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 None. CLOSED SESSION Entered Closed Session: 9:01 p.m. 11. Conference with Labor Negotiators (Pursuant to Government Code Section 54957.6) 28 REGULAR CITY COUNCIL MEETING MAY 25, 2022 MINUTES PAGE 8 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 Resumed from Closed Session: 11:14 p.m. ADJOURNMENT Being no further business, Mayor Nagales adjourned the meeting at 10:28 p.m. in memory of Roberta Flores, Bernie Guerrero, and all the victims of gun violence at Uvalde, Texas, Buffalo, New York and Laguna Woods, California. Submitted by: Approved by: Gabriel Rodriguez Mark Nagales Deputy City Clerk Mayor Approved by the City Council: / / 29 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-340 Agenda Date:6/8/2022 Version:1 Item #:5. Report regarding a resolution approving a consulting services agreement with Daryl D.Jones,Inc.for Telecommunications Engineering and Police Information Technology Management Services for a three-year term in an amount not to exceed $630,250.00 and authorizing the City Manager to execute the consulting services agreement.(Ron Carlino, Deputy Police Chief) RECOMMENDATION It is recommended that the City Council adopt a resolution approving a consulting services agreement with Daryl D.Jones,Inc.for telecommunications engineering and police information technology management services for a three-year term in an amount not to exceed $630,250.00 and authorizing the City Manager to execute the consulting services agreement. BACKGROUND/DISCUSSION The City of South San Francisco (City)Police Department has had a consulting services agreement with Daryl D.Jones Inc.,DBA Telecommunication Engineering Associates (TEA),for the last 27 years.Mr.Jones was a City employee between 1981 and 1994 with responsibilities similar to those of the current consulting services agreement.For the past 22 years Mr.Jones and his TEA team have worked closely with the City’s Information Technology (IT) Department, building a strong relationship and providing necessary services. Daryl D.Jones Inc.,DBA Telecommunications Engineering Associates (TEA)provide uniquely specialized services that are essential to the operation of the Police Department’s communications technology needs.Mr. Jones and TEA are recognized throughout the Bay Area as stand-alone experts in their field,and the services of Daryl D.Jones Inc.,DBA TEA are,and have been,used by all law enforcement agencies in the area for many years.There are no other known companies that can provide the depth and breadth of service provided by Daryl D. Jones Inc., DBA TEA. The City’s IT Department is responsible for providing support to the Police Department's office computers, network equipment,server infrastructure,office phones,and in-car computers.Despite the increasing responsibilities of the IT Department over the years,the team does not have the specialized skills needed to maintain the computer-assisted dispatch system and the complex radio communications system.These skills are augmented by Mr.Jones and his team of six,who continue to provide these services to the City.Some of these services include: ·Provide consulting, problem resolution assistance and be the program and project manager for City of South San Francisco Printed on 6/3/2022Page 1 of 4 powered by Legistar™30 File #:22-340 Agenda Date:6/8/2022 Version:1 Item #:5. matters related to the Law Enforcement Records Management System, Computer Aided Dispatch System, Mobile Data System, Message-Switching System, Radio System and Microwave System. ·Responsible for the administration and for all electronic equipment used in the public-safety communications center, including E-911 and the dispatch center facility. ·Responsible for system and network security including compliance with Lawnet and Department of Justice requirements. Oversee police user account administration. ·Monitoring new legislative requirements on the local,State,and Federal levels to keep city systems up to date, effective, and in compliance. The proposed consulting services agreement with Daryl D.Jones Inc.,DBA Telecommunications Engineering Associates provides for a three-year average cost of $210,083 per year.Under the agreement,Mr.Jones will be on site Monday-Friday from 9:00 am to 5:00 pm.Mr.Jones and TEA will field calls on a regular,24x7 basis, including weekends,without additional charges.Based on a 40-hour work week,his hourly rate is $101.00 per hour. Over the many years, Mr. Jones has proven to be a highly skilled engineer who was instrumental in providing input for the new police dispatch center. Mr. Jones and his TEA team also collaborated with the IT team for the smooth transition into the new City facilities. Furthermore, during the COVID-19 shutdown Mr. Jones and TEA continued to provide onsite support ensuring the public safety network was operational. Mr. Jones participated in virtual meetings and represented the South San Francisco Police Department at many county, police commander, and police chief meetings. The critical factor in the staff recommendation to retain Mr. Jones is his flexibility and around-the-clock coverage to support the City police department. Mr. Jones regularly responds to requests for technical assistance from Police Department employees, as well as from City contract customers in Pacifica and Colma. Requests typically pertain to computer-aided dispatch (CAD), mobile data systems, and dispatch radio issues. On average, Mr. Jones responds to six after hours calls per week, some at 3:00 a.m. Most are handled remotely while others take several hours to complete. It is not feasible for the City’s IT Department to take on the services provided by Daryl D. Jones Inc., DBA TEA due to the unique nature of those services. Even if the IT Department were able to take on some of the services, there would still be a need to contract with an outside vendor to supplement those services that are beyond the scope and ability of what the IT Department can provide. The other Bay Area agencies that contract with Daryl D. Jones Inc., DBA TEA have also determined that it would be too expensive to provide the services rendered by Daryl D. Jones Inc., DBA TEA, and that contracting with Daryl D. Jones Inc., DBA TEA is the most effective way to ensure complex communications technology needs are met. The City Police and IT Departments have several projects in progress or in the planning phase for the next three City of South San Francisco Printed on 6/3/2022Page 2 of 4 powered by Legistar™31 File #:22-340 Agenda Date:6/8/2022 Version:1 Item #:5. years, and these services would be part of Mr. Jones’ services, including: ·911-NG (Next Generation) system implementation. This nationwide effort will upgrade the E911 telephone network to use modern VOIP technology and improve the way calls to 9-1-1 are routed. This will require substantial changes to the equipment and facilities our police dispatchers use to receive voice and text messages from the public. ·Participate in discussions and planning/review of Emergency Responder Radio Communications Systems (ERRCS) required by the Fire Code in some newly constructed commercial buildings. Jones’ expertise is needed to help assure ERRCS systems do not cause harmful interference to our police radio systems. ·Participate in detailed planning and oversight related to dispatch operations at the new police facility. Assist with planning a seamless transition and support ongoing functionality from an operations perspective. Staff estimates the value of these services to be more than $80,000 if the city used other consultants. (This is separate from Mr. Jones’ role in technical equipment aspects of the new police building dispatch center). ·Provide ongoing design and engineering services for an emergency dispatch relocation site so essential communications operations could be sustained in the event of a catastrophic failure of the primary facilities at 1 Chestnut Avenue, South San Francisco, California. ·Participate in technical and operational planning to comply with California DOJ's requirement for encrypted radio communication and the pending paradoxical legislation that may prohibit some radio encryption. This is a very complex business and technical issue. ·Participate in regional planning of encrypted radio systems and encryption key management. As part of evaluating the current proposed agreement, the Police Department worked closely with the IT Department to determine which areas of services could potentially be picked up by IT. Staff reviewed different levels of support, work knowledge, experience, and IT staff resources. Staff determined that continuing a services agreement with Mr. Jones would provide less risk, reduce cost, and allow IT staff more time to focus on routine desktop and mobile computer support, and on other City related calls. Furthermore, the IT Director determined if the City replaced Mr. Jones and TEA, there would be a need to hire at minimum two new full- time employees with radio and police department experience to manage the complex dispatch and radio communication system. The City would also need to establish a contract with an outside company, like TEA, for more complex radio issues. Two new employees with benefits could cost more than $350,000 per year. The South San Francisco Police Department is requesting that the services agreement with Daryl D. Jones, Inc ., DBA TEA, be authorized pursuant to the “sole source” procurement method under the South San Francisco Municipal Code. The “sole source” procurement method is used to describe instances where the products or services the City desires to obtain are available only from one vendor, and the City is procuring such product or service from that vendor instead of going through the open market procedure. South San Francisco Municipal Code 4.04.080(a) permits the City to dispense with open market procedures if a commodity can only be obtained from one vendor. For the past 22 years, Mr. Jones has proven to be a highly skilled engineer who is instrumental in providing flexible, responsive, around-the-clock coverage to provide IT support to the City’s Police Department, as well as to City contract customers in Pacifica and Colma, including computer-aided dispatch (CAD), mobile data systems, and dispatch radio issues. Mr. Jones continues to provide IT services and online support to ensure an operational public safety network, and smooth transitions into new facilities. Daryl City of South San Francisco Printed on 6/3/2022Page 3 of 4 powered by Legistar™32 File #:22-340 Agenda Date:6/8/2022 Version:1 Item #:5. D. Jones Inc., DBA TEA, provide uniquely specialized services that are essential to the operation of the Police Department’s communications technology needs and are recognized throughout the Bay Area as stand-alone experts in their field. The services of Daryl D. Jones Inc., DBA TEA are, and have been, used by all law enforcement agencies in the area for many years. There are no other known companies that can provide the depth and breadth of service provided by Daryl D. Jones Inc., DBA TEA. Staff recommend the City Council authorize use of the “sole source” procurement method as the specialized services that Daryl D. Jones Inc., DBA TEA, provides cannot be obtained from any other vendor. FISCAL IMPACT Funding is budgeted in the Police Department Fiscal Year’s Budgets (2022-23, 2023-24, and 2024-25). RELATIONSHIP TO STRATEGIC PLAN This item meets the City’s strategic planning goals of Public Safety. CONCLUSION The staff of the South San Francisco Police and Information Technology Departments both recommend authorizing the contract for Daryl D.Jones Inc.,DBA Telecommunication Engineering Associates (TEA)for three years.Daryl Jones and his team provide necessary services to keep the South San Francisco Police Department at the forefront of technology.This is the most cost-effective and low-risk option for providing the citizens of South San Francisco and its contract cities with the best engineering and support. It is recommended that that the City Council adopt a resolution approving a consulting services agreement with Daryl D. Jones, Inc. for telecommunications engineering and police information technology management services for a three-year term in an amount not to exceed $630,250.00 and authorizing the City Manager to execute the consulting services agreement. City of South San Francisco Printed on 6/3/2022Page 4 of 4 powered by Legistar™33 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-341 Agenda Date:6/8/2022 Version:1 Item #:5a. Resolution approving a consulting services agreement with Daryl D. Jones, Inc. for Telecommunications Engineering and Police Information Technology Management Services for a three-year term in an amount not to exceed $630,250 and authorizing the City Manager to execute the consulting services agreement. WHEREAS, the South San Francisco Police Department has had a consulting services agreement with Daryl D. Jones, Inc DBA Telecommunication Engineering Associates (TEA), for the last 27 years; and WHEREAS, Daryl D. Jones was a South San Francisco (City) employee between 1981 and 1994 with responsibilities similar to those of the current consulting services agreement, and for the past 22 years Mr. Jones and his TEA team have worked closely with the City’s Information Technology (IT) Department, building a strong relationship, and providing needed services; and WHEREAS, the City IT Department is responsible for providing support to the Police Department's office computers, network equipment, server infrastructure, office phones, and in-car computers, but the team still lacks the specialized skills needed to maintain the computer-assisted dispatch system and the complex radio communications system; and WHEREAS, the specialized skills required are augmented by Mr. Jones and his team and are recognized throughout the Bay Area as stand-alone experts in the field; and WHEREAS, Mr. Jones has proven to be a highly skilled engineer who was instrumental in providing feedback for the new police dispatch center and collaborated with the IT team for the smooth transition into the new City facilities; and WHEREAS, during the COVID-19 shutdown Mr. Jones and TEA continued to provide onsite support ensuring the public safety network was operational; and WHEREAS, Mr. Jones provides around-the-clock coverage to support the City police department, regularly responds to requests for technical assistance from Police Department employees, as well as from City contract customers in Pacifica and Colma, pertaining to computer-aided dispatch, mobile data systems, and dispatch radio issues; and WHEREAS, other Bay Area agencies that contract with Mr. Jones and TEA have also determined that it would be too expensive to provide services rendered by TEA, and that contracting with TEA is the most effective way to ensure complex communications technology needs are met; and City of South San Francisco Printed on 6/9/2022Page 1 of 2 powered by Legistar™34 File #:22-341 Agenda Date:6/8/2022 Version:1 Item #:5a. WHEREAS, the City Police and IT Departments have several projects in progress or in the planning phase for the next three years, and these services will be part of Mr. Jones’ services; and WHEREAS, keeping Mr. Jones on contract provides less risk, reduces cost, and allows IT staff more time to focus on routine desktop and mobile computer support, and on other City related calls; and WHEREAS, City Council desires to authorize execution of a consulting services agreement with Daryl D. Jones Inc., DBA TEA pursuant to the “sole source” procurement method under the South San Francisco Municipal Code 4.04.080(a) which permits the City to dispense with open market procedures if a commodity can only be obtained from one vendor; and WHEREAS, Daryl D. Jones Inc., DBA TEA is the only company with the full understanding of the South San Francisco public safety network, and thus is the most qualified to continue to support the City’s Police Department; and WHEREAS, funding for this service is included in the City’s Police Department Fiscal Year’s Budget (2022-23, 2023-24, 2024-25); and WHEREAS, City Council desires to approve a consulting services agreement with Daryl D. Jones, Inc., DBA TEA for telecommunication engineering and police information technology management services for a three- year term in an amount not to exceed $630,250 and authorize the City Manager to execute the consulting services agreement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of South San Francisco authorizes a consulting service agreement with Daryl D. Jones Inc., DBA TEA for telecommunication engineering and police information technology management services for a three-year term in an amount not to exceed $630,250. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the agreement on behalf of the City of South San Francisco, subject to approval as to form by the City Attorney. ***** City of South San Francisco Printed on 6/9/2022Page 2 of 2 powered by Legistar™35 Consulting Services Agreement between [Rev:05.12.22] July 1, 2022 City of South San Francisco and Daryl D. Jones, Inc. Page 1 of 16 CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND DARYL D. JONES, INC. THIS AGREEMENT for consulting services is made by and between the City of South San Francisco (“City”) and Daryl D. Jones, Inc. (“Consultant”) (together sometimes referred to as the “Parties”) as of July 1, 2022 (the “Effective Date”). Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A, attached hereto and incorporated herein, at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 30, 2025 the date of completion specified in Exhibit A, and Consultant shall complete the work described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as provided for in Section 8. 1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession. Consultant shall prepare all work products required by this Agreement in a substantial, first-class manner and shall conform to the standards of quality normally observed by a person practicing in Consultant's profession. 1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. If City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Sections 1.1 and 1.2 above and to satisfy Consultant’s obligations hereunder. Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $630,250.00, notwithstanding any contrary indications that may be contained in Consultant’s proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant’s proposal, attached as Exhibit A regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall 36 Consulting Services Agreement between [Rev:05.12.22] July 1, 2022 City of South San Francisco and Daryl D. Jones, Inc. Page 2 of 16 submit all invoices to City in the manner specified herein. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 2.1 Invoices. Consultant shall submit invoices, not more often than once per month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:  Serial identifications of progress bills (i.e., Progress Bill No. 1 for the first invoice, etc.);  The beginning and ending dates of the billing period;  A task summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;  At City’s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense;  The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder, as well as a separate notice when the total number of hours of work by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds eight hundred (800) hours, which shall include an estimate of the time necessary to complete the work described in Exhibit A;  The amount and purpose of actual expenditures for which reimbursement is sought;  The Consultant’s signature. 2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant. City shall have no obligation to pay invoices submitted ninety (90) days past the performance of work or incurrence of cost. 2.3 Final Payment. City shall pay the last ten percent (10%) of the total sum due pursuant to this Agreement within sixty (60) days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed. 37 Consulting Services Agreement between [Rev:05.12.22] July 1, 2022 City of South San Francisco and Daryl D. Jones, Inc. Page 3 of 16 2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment. 2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the compensation schedule attached hereto and incorporated herein as Exhibit B. 2.6 Reimbursable Expenses. The following constitute reimbursable expenses authorized by this Agreement when the consultant travels more than 100 miles from the City limits for matters related to City business. Reimbursable expenses shall not exceed $2000.00. Expenses not listed above are not chargeable to City. Reimbursable expenses are included in the total amount of compensation provided under Section 2 of this Agreement that shall not be exceeded. 2.7 Payment of Taxes, Tax Withholding. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor represents and warrants that Contractor is a resident of the State of California in accordance with California Revenue & Taxation Code Section 18662, as may be amended, and is exempt from withholding. Contractor accepts sole responsible for verifying the residency status of any subcontractors and withhold taxes from non-California subcontractors as required by law. 2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to that date. 2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. 2.10 Prevailing Wage. Where applicable, the wages to be paid for a day's work to all classes of laborers, workmen, or mechanics on the work contemplated by this Agreement, shall be not less than the prevailing rate for a day’s work in the same trade or occupation in the locality within the state where the work hereby contemplates to be performed as determined by the Director of Industrial Relations pursuant to the Director’s authority under 38 Consulting Services Agreement between [Rev:05.12.22] July 1, 2022 City of South San Francisco and Daryl D. Jones, Inc. Page 4 of 16 Labor Code Section 1770, et seq. Each laborer, worker or mechanic employed by Consultant or by any subcontractor shall receive the wages herein provided for. The Consultant shall pay two hundred dollars ($200), or whatever amount may be set by Labor Code Section 1775, as may be amended, per day penalty for each worker paid less than prevailing rate of per diem wages. The difference between the prevailing rate of per diem wages and the wage paid to each worker shall be paid by the Consultant to each worker. An error on the part of an awarding body does not relieve the Consultant from responsibility for payment of the prevailing rate of per diem wages and penalties pursuant to Labor Code Sections 1770 1775. The City will not recognize any claim for additional compensation because of the payment by the Consultant for any wage rate in excess of prevailing wage rate set forth. The possibility of wage increases is one of the elements to be considered by the Consultant. a. Posting of Schedule of Prevailing Wage Rates and Deductions. If the schedule of prevailing wage rates is not attached hereto pursuant to Labor Code Section 1773.2, the Consultant shall post at appropriate conspicuous points at the site of the project a schedule showing all determined prevailing wage rates for the various classes of laborers and mechanics to be engaged in work on the project under this contract and all deductions, if any, required by law to be made from unpaid wages actually earned by the laborers and mechanics so engaged. b. Payroll Records. Each Consultant and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the Consultant in connection with the public work. Such records shall be certified and submitted weekly as required by Labor Code Section 1776.” Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities. Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, 39 Consulting Services Agreement between [Rev:05.12.22] July 1, 2022 City of South San Francisco and Daryl D. Jones, Inc. Page 5 of 16 representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall provide Certificates of Insurance, attached hereto and incorporated herein as Exhibit C, indicating that Consultant has obtained or currently maintains insurance that meets the requirements of this section and under forms of insurance satisfactory, in all respects, to the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s). 4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000) per accident. In the alternative, Consultant may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator (as defined in Section 10.9). The insurer, if insurance is provided, or the Consultant, if a program of self- insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement. 4.2 Commercial General and Automobile Liability Insurance. 4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting there from, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non- owned automobiles. 4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 or GL 0002 (most recent editions) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 8 and 9. No endorsement shall be attached limiting the coverage. 40 Consulting Services Agreement between [Rev:05.12.22] July 1, 2022 City of South San Francisco and Daryl D. Jones, Inc. Page 6 of 16 4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy: a. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. b. Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers. 4.3 Professional Liability Insurance. 4.3.1 General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions. Any deductible or self-insured retention shall not exceed ONE HUNDRED FIFTY THOUSAND DOLLARS $150,000 per claim. 4.3.2 Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form: a. The retroactive date of the policy must be shown and must be before the date of the Agreement. b. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the Agreement or the work, so long as commercially available at reasonable rates. c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after completion of the Agreement or the work. The City shall have the right to exercise, at the Consultant’s sole cost and expense, any extended reporting provisions of the policy, if the Consultant cancels or does not renew the coverage. d. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement. 4.4 All Policies Requirements. 4.4.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. 41 Consulting Services Agreement between [Rev:05.12.22] July 1, 2022 City of South San Francisco and Daryl D. Jones, Inc. Page 7 of 16 4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Consultant shall furnish City with complete copies of all policies delivered to Consultant by the insurer, including complete copies of all endorsements attached to those policies. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Consultant beginning work, it shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time. 4.4.3 Notice of Reduction in or Cancellation of Coverage. A certified endorsement shall be attached to all insurance obtained pursuant to this Agreement stating that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. In the event that any coverage required by this section is reduced, limited, cancelled, or materially affected in any other manner, Consultant shall provide written notice to City at Consultant’s earliest possible opportunity and in no case later than ten (10) working days after Consultant is notified of the change in coverage. 4.4.4 Additional insured; primary insurance. City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Consultant, including the insured’s general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by the Consultant in the course of providing services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers. A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that no insurance or self-insurance maintained by the City shall be called upon to contribute to a loss under the coverage. 4.4.5 Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. Further, if the Consultant’s insurance policy includes a self-insured retention that must be paid by a named insured as a precondition of the insurer’s liability, or 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 42 Consulting Services Agreement between [Rev:05.12.22] July 1, 2022 City of South San Francisco and Daryl D. Jones, Inc. Page 8 of 16 not prevent any of the parties to this agreement from satisfying or paying the self- insured retention required to be paid as a precondition to the insurer’s liability. Additionally, the certificates of insurance must note whether the policy does or does not include any self-insured retention and also must disclose the deductible. During the period covered by this Agreement, only upon the prior express written authorization of Contract Administrator, Consultant may increase such deductibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Consultant procure a bond, guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them. 4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 4.4.7 Wasting Policy. No insurance policy required by Section 4 shall include a “wasting” policy limit. 4.4.8 Variation. The City may approve a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that the City’s interests are otherwise fully protected. 4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; b. Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or c. Terminate this Agreement. Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES. To the fullest extent permitted by law, Consultant shall indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, 43 Consulting Services Agreement between [Rev:05.12.22] July 1, 2022 City of South San Francisco and Daryl D. Jones, Inc. Page 9 of 16 liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the gross negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Section 6. STATUS OF CONSULTANT. 6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. 6.2 Consultant No Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent or to bind City to any obligation whatsoever. Section 7. LEGAL REQUIREMENTS. 44 Consulting Services Agreement between [Rev:05.12.22] July 1, 2022 City of South San Francisco and Daryl D. Jones, Inc. Page 10 of 16 7.1 Governing Law. The laws of the State of California shall govern this Agreement. 7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. 7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals, including from City, of what-so-ever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. 7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby. Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. Section 8. TERMINATION AND MODIFICATION. 8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. Consultant may cancel this Agreement for cause upon 30 days’ written notice to City and shall include in such notice the reasons for cancellation. 45 Consulting Services Agreement between [Rev:05.12.22] July 1, 2022 City of South San Francisco and Daryl D. Jones, Inc. Page 11 of 16 In the event of termination, Consultant shall be entitled to compensation for services performed to the date of notice of termination; City, however, may condition payment of such compensation upon Consultant delivering to City all materials described in Section 9.1. 8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period. 8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties. 8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not assign or subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator. 8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement. 8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following: 8.6.1 Immediately terminate the Agreement; 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; 8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or 8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that 46 Consulting Services Agreement between [Rev:05.12.22] July 1, 2022 City of South San Francisco and Daryl D. Jones, Inc. Page 12 of 16 City would have paid Consultant pursuant to Section 2 if Consultant had completed the work. Section 9. KEEPING AND STATUS OF RECORDS. 9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties unless required by law. 9.2 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. 9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement. 9.4 Records Submitted in Response to an Invitation to Bid or Request for Proposals. All responses to a Request for Proposals (RFP) or invitation to bid issued by the City become the exclusive property of the City. At such time as the City selects a bid, all proposals received become a matter of public record, and shall be regarded as public records, with the exception of those elements in each proposal that are defined by Consultant and plainly marked as “Confidential,” "Business Secret" or “Trade Secret." The City shall not be liable or in any way responsible for the disclosure of any such proposal or portions thereof, if Consultant has not plainly marked it as a "Trade Secret" or "Business Secret," or if disclosure is required under the Public Records Act. 47 Consulting Services Agreement between [Rev:05.12.22] July 1, 2022 City of South San Francisco and Daryl D. Jones, Inc. Page 13 of 16 Although the California Public Records Act recognizes that certain confidential trade secret information may be protected from disclosure, the City may not be in a position to establish that the information that a prospective bidder submits is a trade secret. If a request is made for information marked "Trade Secret" or "Business Secret," and the requester takes legal action seeking release of the materials it believes does not constitute trade secret information, by submitting a proposal, Consultant agrees to indemnify, defend and hold harmless the City, its agents and employees, from any judgment, fines, penalties, and award of attorneys fees awarded against the City in favor of the party requesting the information, and any and all costs connected with that defense. This obligation to indemnify survives the City's award of the contract. Consultant agrees that this indemnification survives as long as the trade secret information is in the City's possession, which includes a minimum retention period for such documents. Section 10 MISCELLANEOUS PROVISIONS. 10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including arbitration or an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County San Mateo or in the United States District Court for the Northern District of California. 10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties. 10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. 10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place 48 Consulting Services Agreement between [Rev:05.12.22] July 1, 2022 City of South San Francisco and Daryl D. Jones, Inc. Page 14 of 16 Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq. Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve (12) months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code §1090 et.seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California. 10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials. 10.9 Contract Administration. This Agreement shall be administered by Chief of Police ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee. 10.10 Notices. All notices and other communications which are required or may be given under this Agreement shall be in writing and shall be deemed to have been duly given (i) when received if personally delivered; (ii) when received if transmitted by telecopy, if received during normal business hours on a business day (or if not, the next business day after delivery) provided that such facsimile is legible and that at the time such facsimile is sent the sending Party receives written confirmation of receipt; (iii) if sent for next day delivery to a domestic address by recognized overnight delivery service (e.g., Federal Express); and (iv) upon receipt, if sent by certified or registered mail, return receipt requested. In each case notice shall be sent to the respective Parties as follows: Consultant Daryl D. Jones Telecommunications Engineering Associates 1160 Industrial Rd. #15 San Carlos, CA 94070 City: City Clerk City of South San Francisco 400 Grand Avenue South San Francisco, CA 94080 49 Consulting Services Agreement between [Rev:05.12.22] July 1, 2022 City of South San Francisco and Daryl D. Jones, Inc. Page 15 of 16 10.11 Professional Seal. No professional seals shall be required for this agreement. 10.12 Integration. This Agreement, including all Exhibits attached hereto, and incorporated herein, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral pertaining to the matters herein. 10.13 Counterparts. This Agreement may be executed in counterparts and/or by facsimile or other electronic means, and when each Party has signed and delivered at least one such counterpart, each counterpart shall be deemed an original, and, when taken together with other signed counterpart, shall constitute one Agreement, which shall be binding upon and effective as to all Parties.. 10.14 Construction. The headings in this Agreement are for the purpose of reference only and shall not limit or otherwise affect any of the terms of this Agreement. The parties have had an equal opportunity to participate in the drafting of this Agreement; therefore any construction as against the drafting party shall not apply to this Agreement. The Parties have executed this Agreement as of the Effective Date. 50 Consulting Services Agreement between [Rev:05.12.22] July 1, 2022 City of South San Francisco and Daryl D. Jones, Inc. Page 16 of 16 CITY OF SOUTH SAN FRANCISCO Consultants ____________________________ _____________________________________ City Manager NAME: TITLE: Attest: _____________________________ City Clerk Approved as to Form: ____________________________ City Attorney 2729962.1 51 EXHIBIT A SCOPE OF SERVICES CONSULTANT shall serve as the chief architect and engineer for CITY public safety telecommunications systems and facilities, and computer technology related to law enforcement systems. Responsibilities include routine administration for the Police Department’s computer aided dispatch, message switching systems and police records management systems. Additionally, the CONSULTANT shall do the following: • Develop and recommend standards for public-safety information technology including computer, radio, telephone and data communications systems. • Develop and maintain professional relationships with the City management team. • Serve as principal systems administrator, engineer and architect for all law enforcement information management systems and public safety telecommunications systems. • Responsible for system and network security including compliance with Lawnet and Department of Justice requirements. Oversee police user account administration. • Be available to respond to requests for technical assistance from police staff after normal business hours. • Provide consulting, problem resolution assistance and be the program and project manager for matters related to the Law Enforcement Records Management System, Computer Aided Dispatch System, Mobile Data System, Message-Switching System, Radio System and Microwave System. • Provide the City IT Department with troubleshooting guidance and direction when feasible on the Records Management System, Computer Aided Dispatch System, and Mobile Data System to assist in supporting the South San Francisco Police Department. • Responsible for the administration and for all electronic equipment used in the public-safety communications center, including E-911 and the dispatch center facility. • Participate in budget preparation and administration for law enforcement technology. • Represent the City South San Francisco Police Department at various local, state and regional professional seminars, conferences, presentations, etc. • Assist in the training and duty assignments of police personnel. • Maintain current detailed documentation and provide to the City IT Department related to the Law Enforcement Records Management System, Computer Aided Dispatch System, Mobile Data System, Message-Switching System, Radio System and Microwave System, including network drawings, circuit information, contact information and all other relevant information to support the systems. • Notify the City IT Department and provide any new documentation on all new equipment, software, circuit installations and other technology used in the South San Francisco Police Department. 52 EXHIBIT B INSURANCE CERTIFICATES 53 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-397 Agenda Date:6/8/2022 Version:1 Item #:6. Report regarding a resolution authorizing the acceptance of $4,732 in federal Library services and Technology Act grant funding from the California State Library to purchase a Glowforge 3D Laser Cutter for the Main Library’s Makerspace and approving Budget Amendment 22.067. (Adam Elsholz, Assistant Library Director) RECOMMENDATION It is recommended that City Council adopt a resolution authorizing the acceptance of $4,732 in federal Library Services and Technology Act (LSTA)grant funding from the California State Library to fund the purchase of a Glowforge 3D Laser Cutter for the Main Library’s Makerspace and approving Budget Amendment 22.067. BACKGROUND/DISCUSSION The Library Department has been awarded $4,732 in LSTA funds from the California State Library to support the project Building 21st Century Skills with a Glowforge Laser Cutter.Funds will be used to purchase a Glowforge 3D Laser Cutter,which will be available for use at the Main Library this summer.The equipment will be used by Library patrons to bring their computer-aided designs to life by cutting,engraving,and shaping a large variety of materials,including wood,metal,and fabric.The Grand Avenue Branch Library also has a Glowforge 3D Laser Cutter.Both laser cutters will be available for use by the public at no cost,as part of Makerspace programs and services in both facilities. FISCAL IMPACT Grant funds will be used to amend the Library Department’s current FY 2021-22 Operating Budget per Budget Amendment 22.067. Receipt of these funds does not commit the City to ongoing funding. RELATIONSHIP TO STRATEGIC PLAN Purchase of a Glowforge 3D Laser Cutter as part of popular STEAM services at the Library will provide enhanced computer literacy and technology learning opportunities for our community.“Continue investments in Bridging the Digital Divide”is included in Priority #3,Promote Economic Advancement,in the City’s Strategic Plan. CONCLUSION Receipt of these funds will enable Library users to build new design and technology skills by providing them with hands-on no-cost access to a Glowforge Laser Cutter.It is recommended that the City Council accept $4,732 in grant funding and approve Budget Amendment 22.067. City of South San Francisco Printed on 6/3/2022Page 1 of 1 powered by Legistar™54 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-398 Agenda Date:6/8/2022 Version:1 Item #:6a. Resolution authorizing the acceptance of $4,732 in federal Library Services and Technology Act grant funding from the California State Library to purchase a Glowforge 3D Laser Cutter for the Main Library’s Makerspace and approving Budget Amendment 22.067. WHEREAS,Library Services and Technology Act grant funding from the California State Library has awarded $4,732 in grant funding to the South San Francisco Public Library to support the purchase of a Glowforge 3D Laser Cutter for the Main Library’s Makerspace; and WHEREAS,the purchase of a Glowforge 3D Laser Cutter will provide enhanced computer literacy and technology learning opportunities for our community; and WHEREAS,“Continue investments in Bridging the Digital Divide”is an action item included in the City’s Strategic Plan under Priority #3, Promote Economic Advancement; and WHEREAS,purchase of a Glowforge 3D Laser Cutter will support bridging the digital divide and provide enhanced literacy, technology and enrichment programming for our community; and WHEREAS,grant funding will be used to amend the Library Department’s Fiscal Year 2021-22 Operating Budget per Budget Amendment 22.067. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby accepts $4,732 in grant funding from the Library Services and Technology Act from the California State Library to support the purchase of a Glowforge 3D Laser Cutter for the Main Library’s Makerspace and approves Budget Amendment 22.067. ***** City of South San Francisco Printed on 6/9/2022Page 1 of 1 powered by Legistar™55 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-421 Agenda Date:6/8/2022 Version:1 Item #:7. Report regarding a resolution authorizing the acceptance of $4,100 in grant funding for Fiscal Year 2021-22 from various funders to support the Parks and Recreation Department’s childcare programs,and amending the Parks and Recreation Department’s Fiscal Year 2021-22 Operating Budget pursuant to budget amendment #22.066.(Greg Mediati, Director of Parks and Recreation) RECOMMENDATION It is recommended that the City Council adopt a resolution authorizing the acceptance of $4,100 in grant funding for Fiscal Year 2021-22 from various funders to support the Parks and Recreation Department’s childcare programs,and amending the Parks and Recreation Department’s Fiscal Year 2021-22 Operating Budget pursuant to budget amendment #22.066. BACKGROUND/DISCUSSION The purpose of this staff report is to recommend that City Council authorize the acceptance of: 1.$3,500 in grant funding for Fiscal Year 2021-22 from the Quality Improvement Grant from Quality Counts San Mateo County for the Big Lift Little Steps Preschool at the Community Learning Center; and 2.$600 stipend from the Child Care Coordinating Council (4Cs) of San Mateo County. $3,500 in grant funding for Fiscal Year 2021-22 from the Quality Improvement Grant from Quality Counts San Mateo County for the Big Lift Little Steps Preschool at the Community Learning Center The City of South San Francisco’s (City)Little Steps Preschool is funded by the Big Lift grant from San Mateo County.The grant requires that Big Lift preschool classrooms meet and maintain a Tier 3 or higher rating on the San Mateo County Quality Rating and Improvement System (QRIS).QRIS represents a partnership between the San Mateo County Office of Education (SMCOE),First 5 San Mateo County,and the Child Care Coordinating Council (4Cs)to implement a system to measure and guide quality improvement in early learning centers and family childcare homes in San Mateo County.QRIS is administered by the San Mateo County Superintendent of Schools (County Superintendent).In the most recent evaluation,the Little Steps Preschool has received a Tier 4 rating, with Tier 5 being the highest score. The City has entered into an agreement with the County Superintendent for the Little Steps Preschool located at the Community Learning Center to participate in the QRIS from July 1,2020 through June 30,2023.As part of this agreement,the City will receive training and support services,regular review of Little Steps’QRIS rating, and grants or other resources depending on the availability of funding.As part of the QRIS effort,the City is eligible for a Quality Improvement Grant in the amount of $3,500 to help staff create an action-oriented quality improvement plan for Little Steps Preschool and provide resources to implement those plans in 2021-2022. The City of South San Francisco Little Steps Preschool plans to use the QRIS Quality Improvement Grant to pay for teachers to attend professional development trainings and purchase supplies such as library items and office supplies to help with teacher development.Purchases will also include equipment such as blocks, dramatic play and curriculum items to help with math and early literacy. City of South San Francisco Printed on 6/3/2022Page 1 of 3 powered by Legistar™56 File #:22-421 Agenda Date:6/8/2022 Version:1 Item #:7. $600 stipend from the Child Care Coordinating Council (4Cs) of San Mateo County The Parks and Recreation Department’s Youth Enrichment Services Program received $600 from 4Cs for the Ponderosa Elementary School licensed, before and after school program. Pursuant to an agreement between the State of California and Child Care Providers United -California (CCPU),the Governor and the Legislature directed a portion of the American Rescue Plan Act (ARPA) childcare stabilization funding to child care providers in the form of benefits such as stipends or rate increases. 4Cs is responsible for issuing the ARPA funding to child care providers and child care development contractors, and for collecting data about how the funds were used, to comply with federal reporting requirements. The funds may only be used for one or more of the purposes below: 1.Personnel costs, benefits, premium pay, or recruitment and retention 2.Rent or mortgage payments, utilities, facilities maintenance and improvements, or insurance 3.Personal protective equipment, cleaning and sanitization supplies and services 4.Training and professional development related to health and safety practices 5.Purchases of or updates to equipment and supplies to respond to COVID-19 6.Goods and services necessary to maintain or resume child care services 7.Mental health supports for children and employees Youth Enrichment Services intends to spend the funds received for purposes numbers 3 through 6, above. The grant period has an open-ended deadline as it is defined as the amount of time it takes to spend the funds. City Council has already approved the acceptance of $7,200 in ARPA funding from 4Cs at its November 11, 2021 meeting.Staff expects to spend the funds by the end of fiscal year 2021-2022.Funds have been used to purchase new furniture that allows for improved social distancing and use of space,trainings for staff,and purchase of PPE supplies and room dividers.The $600 stipend will be used to offset the cost to the General Fund for ongoing YES Program expenses that are allowed by the subgrant.The Department is thankful to have the additional funds to help support the YES Program. FISCAL IMPACT Acceptance of the QRIS grant in the amount of $3,500 will allow for the purchase of training and support services for preschool teachers as well as classroom supplies that are intended to improve and maintain a Tier 3 or higher QRIS rating for the Little Steps Preschool as required by the Big Lift grant. Acceptance of the 4Cs stipend in the amount of $600 will offset the cost to the General Fund for ongoing YES Program expenses that are allowed by the subgrant. RELATIONSHIP TO STRATEGIC PLAN Acceptance of this funding will contribute to the City’s Strategic Plan under Priority #2 by helping to build active recreation, learning, and childcare programs. CONCLUSION It is recommended that the City Council adopt a resolution authorizing the acceptance of $4,100 in grant funding for Fiscal Year 2021-22 from various funders to support the Parks and Recreation Department’s childcare programs,and amending the Parks and Recreation Department’s Fiscal Year 2021-22 Operating City of South San Francisco Printed on 6/3/2022Page 2 of 3 powered by Legistar™57 File #:22-421 Agenda Date:6/8/2022 Version:1 Item #:7. Budget pursuant to budget amendment #22.066. The Parks and Recreation Department appreciates contributions from individual community members,local organizations,and State and Federal 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 6/3/2022Page 3 of 3 powered by Legistar™58 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-422 Agenda Date:6/8/2022 Version:1 Item #:7a. Resolution authorizing the acceptance of $4,100 in grant funding for Fiscal Year 2021-22 from various funders to support the Parks and Recreation Department’s childcare programs,and amending the Parks and Recreation Department’s Fiscal Year 2021-22 Operating Budget pursuant to budget amendment #22.066. WHEREAS,the City of South San Francisco’s (City)Little Steps Preschool is funded by the Big Lift grant from the Silicon Valley Community Foundation; and WHEREAS,the San Mateo County Quality Rating and Improvement System (QRIS)represents a partnership between the San Mateo County Office of Education (SMCOE),First 5 San Mateo County,and the Child Care Coordinating Council (4Cs)to implement a system to measure and guide quality improvement in early learning centers and family childcare homes in San Mateo County; and WHEREAS,QRIS is administered by the San Mateo County Superintendent of Schools (County Superintendent)and the City has entered into an agreement with the County Superintendent for Little Steps to participate in the QRIS from July 1, 2020 through June 30, 2023; and WHEREAS,the City is eligible for a Quality Improvement Grant from the County Superintendent in the amount of $3,500 to create and implement an action-oriented quality improvement plan for Little Steps Preschool in 2020-2021; and WHEREAS,the Child Care Coordinating Council of San Mateo County (4Cs)is responsible for issuing the American Rescue Plan Act (ARPA)funding to child care providers and child care development contractors,and for collecting data about how the funds were used, to comply with federal reporting requirements; and WHEREAS,the Parks and Recreation Department’s Youth Enrichment Services Program received a stipend in the amount of $600 from the Child Care Coordinating Council of San Mateo County (4Cs)for the Ponderosa Elementary School licensed, before and after school program; and WHEREAS,the 4Cs stipend in the amount of $600 will offset the cost to the General Fund for ongoing YES Program expenses that are allowed by the subgrant; and WHEREAS, the combined total of the QRIS grant and the 4Cs stipend is $4,100. NOW,THEREFORE,BE IT RESOLVED,by the City Council of the City of South San Francisco that the City Council hereby authorizes the acceptance of $4,100 in grant funding for Fiscal Year 2021-22. BE IT FURTHER RESOLVED,that the City Council amends the Parks and Recreation Department’s Fiscal Year 2021-22 Operating Budget pursuant to budget amendment #22.066. City of South San Francisco Printed on 6/9/2022Page 1 of 2 powered by Legistar™59 File #:22-422 Agenda Date:6/8/2022 Version:1 Item #:7a. BE IT FURTHER RESOLVED,that the City Council hereby authorizes the City to execute the documents necessary to accept the grant funding and take any other actions necessary to carry out the intent of this resolution on behalf of the City Council, subject to approval as to form by the City Attorney. ***** City of South San Francisco Printed on 6/9/2022Page 2 of 2 powered by Legistar™60 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-444 Agenda Date:6/8/2022 Version:1 Item #:8. Report regarding adoption of a resolution approving Parcel Map 22-0269 for the purposes of dedicating new public easements and splitting the existing parcel into two lots as part of the 180 El Camino Real Redevelopment project.(Jason Hallare, Senior Civil Engineer) RECOMMENDATION It is recommended that the City Council adopt a resolution approving Parcel Map 22-0269 for the purposes of dedicating new public easements and splitting the existing parcel into two lots as part of the 180 El Camino Real Redevelopment project;and authorizing the recording of said Parcel Map and all related documents with the San Mateo County Recorder. BACKGROUND/DISCUSSION Steelwave,LLC is redeveloping the existing 180 El Camino Real property into a mixed use and life sciences campus.On December 2,2021,the Planning Commission approved entitlements for a new commercial/retail space (Safeway)and parking structure at the corner of El Camino Real and South Spruce Avenue to be subdivided as a 3.29 acre parcel from the existing 14.5 acre 180 El Camino Real parcel (APN 014-183-110). The Planning Commission actions included conditional approval of a tentative parcel map to subdivide the existing 14.5-acre parcel as described below. The proposed redeveloped site and structure require dedication of public easements pursuant to the conditions of approval for the project (P21-0056).Along the El Camino Real frontage,a new public access easement for pedestrian sidewalks will be created.Through the site’s internal roadway,a new emergency access easement for emergency vehicle access will be created.The locations of these new easements and site overview are shown in Attachment 1. There are existing public utility easements.A public easement for storm drain purposes must remain.A public easement for sanitary sewer purposes must be relocated by dedicating a new public sewer easement and vacating the existing public sewer easement which will occur as a separate instrument.The parcel map identifies this sewer easement as “to be abandoned by separate instrument”.The existing and proposed sewer alignment is shown in Attachment 2. Parcel Map The City Engineer and the City’s technical reviewer,with concurrence of all affected City departments and divisions,have determined that the parcel map for 180 El Camino Real (“Parcel Map 22-0269”),described in Exhibit A of the attached resolution is in compliance with the Subdivision Map Act,the City’s Subdivision Ordinance, and all applicable conditions of approval for said development. Parcel Map 22-0269 will split the existing 14.5-acre parcel into a 3.29-acre parcel and an 11.21-acre remainder parcel to construct the new commercial/retail building.The building is served by the public roads:El Camino Real to the west and South Spruce to the north. A subdivision improvement agreement is not included as part of this parcel map because the conditions of approval did not require any major public improvements aside from the sewer main relocation.The sewer main City of South San Francisco Printed on 6/3/2022Page 1 of 2 powered by Legistar™61 File #:22-444 Agenda Date:6/8/2022 Version:1 Item #:8. approval did not require any major public improvements aside from the sewer main relocation.The sewer main relocation will be constructed pursuant to the Reimbursement Agreement as approved by the City Council on May 11,2022 (Resolution 68-2022)and as executed by the Developer and City.All other improvements in the right-of-way will be covered by an encroachment permit that the Developer will obtain prior to building permit issuance. FISCAL IMPACT Approving the parcel map will have no fiscal impact on the City. RELATIONSHIP TO STRATEGIC PLAN Approval of this parcel map will contribute to the City’s Strategic Plan outcome of improved Quality of Life by promoting a full range of employment through development in SSF Priority Area 2, Initiative 2.4. CONCLUSION It is recommended that the City Council adopt a resolution approving the parcel map for 180 El Camino Real, authorizing the recordation of the parcel map and all related documents. Attachments: 1.Proposed Easements 2.Sewer Realignment City of South San Francisco Printed on 6/3/2022Page 2 of 2 powered by Legistar™62 WASDSAFEWAYLOT A150 EL CAMINO REAL #BAPN :014-183-290470 NOOR AVEAPN :014-183-280410 NOOR AVEAPN :014-183-270137 FRANCISCO DRAPN :014-175-020135 FRA APN :014-175- L010PARKINGSTRUCTURELOT DLIFE SCIENCELOT CRESIDENTIALLOT B150 EL CAMINO REAL #BAPN :014-183-290470 NOOR AVEAPN :014-183-280410 NOOR AVEAPN :014-183-270210 EL CAMINO REALAPN :014-182-010137 FRANCISCO DRAPN :014-175-020135 FRA APN :014-175- 180 EL CAMINO REALAPN :014-183-110010EXISTINGPROPERTY LINEEXISTING PROPERTY LINERECIPROCAL ACCESS,EMERGENCY VEHICLE ACCESSAND PRIVATE UTILITY EASEMENTUNDER SEPARATE APPLICATION10' SANITARYSEWER EASEMENT UNDERSEPARATE APPLICATION10' SANITARY SEWEREASEMENT UNDERSEPARATE APPLICATIONS60°30'23"W 128.31'N54°40'52"E 922.98'N31°24'08"W 82.92'N58°35'52"E 134.99'S31°24'08"E 40.00'N58°35'52"E 124.99'N31°24'08"W 419.97'N58°35'52"E 124.50'N58°35'52"E 130.53'N51°43' 2 0 " W 2 3 2 . 7 6' S51°42'5 5 " E 3 0 4 . 6 5 'S54°32'31"W 245.94'S54°32'31"W 184.81'N38°16'40"E 46.41'N26°38'58"W 85.68'N29°30'52"W 312.91'RECIPROCAL ACCESS,EMERGENCY VEHICLE ACCESSAND PRIVATE UTILITY EASEMENTUNDER SEPARATE APPLICATION10' SANITARY SEWEREASEMENT UNDERSEPARATE APPLICATIONN32°44'38"E 25.62'∆=6°07'30"R=2010.33'L=214.91' PROPOSED EMERGENCY VEHICLE ACCESS PROPOSED EMERGENCYVEHICLE ACCESSPROPOSED EMER G E N C Y VEHICLE ACCESS ∆=0°24'18"R=5666.45'L=40.06'S44°32'31"W 321.13' S29°31'37"E 176.47'∆=89°46'45"R=25.00'L=39.17'N32°44'40"E 246 .86 'N60°15'08"E 4.90'∆=27°30'30"R=689.95'L=331.25'N54°40'52"E 603.46'S31°24'08"E 143.63'N58°35'28"E35.84'N54°40'52"E 319.51'143,227± SQ.FT.3.29± ACRES82,910± SQ.FT.1.90± ACRES264,128± SQ.FT.6.06± ACRESPROPOSED PRIVATEUTILITY EASEMENTPROPOSED PRIVATEUTILITY EASEMENT141,435± SQ.FT.3.25± ACRESS61°11'51"W 99.94'S35°19'28"E 208.65' S31°23'58"E 243.33' 63 64 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-445 Agenda Date:6/8/2022 Version:1 Item #:8a. Resolution approving Parcel Map 22-0269 for the purposes of dedicating new public easements and splitting the existing parcel into two lots as part of the 180 El Camino Real Redevelopment project;and authorizing the recording of said Parcel Map and all related documents with the San Mateo County Recorder. WHEREAS,on December 2,2021,the Planning Commission approved entitlements for a new commercial/retail space and parking structure at the corner of El Camino Real and South Spruce Avenue, including conditional approval of a tentative parcel map to subdivide the existing 14.5-acre 180 El Camino Real parcel (APN 014-183-110)into a 3.29-acre parcel for the Project (“Project Site”)and an 11.21-acre parcel for future development; and WHEREAS,Steelwave,LLC (“Developer”)is redeveloping the existing Project Site into a new commercial/retail building (“Project”) with a remainder parcel; and WHEREAS,the Project will require dedication of a new public access easement for pedestrian sidewalk access along the El Camino Real frontage; and WHEREAS,the Project will require dedication of a new emergency access easement for emergency vehicle access through the Project’s internal road; and WHEREAS, the existing public storm drain easement will remain; and WHEREAS, the existing public sewer easement will be relocated by separate instruments; and WHEREAS,the City Engineer and the City’s technical reviewer,with concurrence of all affected City departments and divisions,have determined that the parcel map for 180 El Camino Real,described in Exhibit A and titled Parcel Map 22-0269,is in compliance with the Subdivision Map Act,the City’s Subdivision Ordinance, and all applicable tentative map conditions of approval for said development; and City of South San Francisco Printed on 6/9/2022Page 1 of 2 powered by Legistar™65 File #:22-445 Agenda Date:6/8/2022 Version:1 Item #:8a. WHEREAS,Parcel Map 22-0269 will split the existing parcel into a 3.29-acre parcel and 11.21-acre remainder parcel to construct the new commercial/retail building served by the public roads:El Camino Real and South Spruce Avenue. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco: 1. City Council approves the Parcel Map 22-0269 for 180 El Camino Real; and 2.City Council authorizes recordation of the parcel map for 180 El Camino Real and all related documents; and 3.City Council authorizes the City Manager to execute any other documents or to take any other action consistent with the intent of this Resolution, subject to approval as to form by the City Attorney. Exhibits: 1.Exhibit A - Parcel Map 22-0269 ***** City of South San Francisco Printed on 6/9/2022Page 2 of 2 powered by Legistar™66 sandis.net build on. DRA F T 67 == NOTES sandis.net build on. 0' 1 INCH = 160'80'40' 80 FT LEGEND SURVEY REFERENCES BASIS OF BEARINGS DRA F T 68 = = = = = = ==sandis.net build on. 0' 1 INCH = 160'80'40' 80 FT NOTES LEGEND SURVEY REFERENCES BASIS OF BEARINGS DETAIL "A" DETAIL "B" DRA F T 69 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-452 Agenda Date:6/8/2022 Version:1 Item #:9. Report regarding a resolution approving purchase agreements for the furnishing of bulk process chemicals at the Water Quality Control Plant (WQCP)not to exceed $2,446,896 for the fiscal year 2022-23 and authorize the City Manager to execute the purchase agreements.(Brian Schumacker,Water Quality Control Plant Superintendent). RECOMMENDATION Staff recommends that the City Council adopt a resolution approving the purchase agreements for the furnishing of bulk process chemicals for wastewater treatment for fiscal year (FY)2022-23 and authorize the City Manager to execute the necessary agreements. BACKGROUND/DISCUSSION The Water Quality Control Plant (WQCP)routinely uses bulk chemicals in several different processes to treat wastewater.These bulk chemicals include disinfectants used to remove potential pathogens,coagulants used to remove solids,and chemicals used to neutralize chlorine during dechlorination.The City of South San Francisco's (City)practice is to procure these chemicals at the beginning of the fiscal year to establish guaranteed competitive prices for the entire fiscal year.Bulk suppliers deliver chemicals as needed to meet treatment demands. Section 4.04.040 of the South San Francisco Municipal Code (SSFMC)authorizes the City to take advantage of valid contract terms that have been negotiated by another governmental agency,where that agency had used a quote or bid process substantially conforming with SSFMC Chapter 4.04 and State law.The WQCP is a member of the Bay Area Chemical Consortium (BACC),along with over sixty participating public agencies. The BACC follows an open bid process for the combined purchase of bulk chemicals.Each member agency of the BACC receives a benefit of large quantity purchase pricing by integrating the volume of their agency's chemical needs with the needs of the rest of the consortium.Due to the combined bid solicitations for these agencies,each agency can purchase the chemicals at a lower price than if each agency solicited bids separately. Staff cannot precisely calculate as to the savings an agency receives by ongoing participation in the consortium; however,new members have generally reported savings of up to 20 percent on chemical purchases after becoming a member of the BACC.Consistent with SSFMC 4.04.040,the City can rely on BACC collective bidding for this procurement. The BACC recommends awarding bulk chemical purchase agreements to the following companies based on City of South San Francisco Printed on 6/3/2022Page 1 of 3 powered by Legistar™70 File #:22-452 Agenda Date:6/8/2022 Version:1 Item #:9. competitive bidding, city staff has reviewed these price quotes and concurs with the BACC recommendations. Lowest Bidder Item Unit Cost Kemira Water Solutions Ferric Chloride (40 percent)$3.04/gallon Univar USA, Inc.Sodium Hypochlorite (12.5 percent)$1.492/gallon Univar USA, Inc.Sodium Bisulfite (25 percent)$1.475/gallon Polymer makers tailor specific recipes based on individual plant sludge characteristics.Therefore,the BACC no longer facilitates the bidding process for bulk polymer purchases.Because of the proprietary nature of polymer products,the staff is requesting that the City’s purchase of polymer be authorized pursuant to the “sole source”procurement method under the South San Francisco Municipal Code.The “sole source”procurement method is used to describe instances where the products or services the City desires to obtain are available only from one vendor,and the City is procuring such product or service from that vendor instead of going through the open market procedure.South San Francisco Municipal Code 4.04.080(a)permits the City to dispense with open market procedures if a commodity can only be obtained from one vendor.Polydyne is the sole source vendor for the polymer formulations that are used at the WQCP.Plant management negotiated a bulk rate discount for polymers into FY 2022-23 for Polymers WE-527,WE-984,and WE-2204.Polydyne continues to provide the most competitive bulk polymer pricing in the region. Vendor Item Unit Cost Polydyne Polymer WE-527 $14.534/gallon Polydyne Polymer WE-984 $13.112 /gallon Polydyne Polymer WE-2204 $14.534/gallon RELATIONSHIP TO THE STRATEGIC PLAN The Water Quality Control Plant (WQCP)Division promotes public health and environmental stewardship. Continuing to fund bulk chemical purchases positively affects the quality of life for South San Francisco residents by protecting public health and safety. FISCAL IMPACT Plant management includes the cost for the purchase of bulk chemicals in the WQCP's annual operating budget. Specific quantities of bulk chemicals vary depending upon the occurrence of winter storms and fluctuation of plant loadings.Plant management based chemical use forecasts on historical peak demand.The anticipated total cost for bulk chemicals (including sales tax)for FY 2022-23 is $2,446,896 (please see Attachment 1 for the detailed costs breakdown). CONCLUSION The WQCP routinely utilizes bulk quantities of chemicals for the treatment of wastewater.The WQCP is a member of the BACC and participates in bidding for the purchase of three chemicals necessary for the treatment of wastewater.Following the BACC's recommendations,the WQCP has drafted purchase agreements to procure the chemicals for FY 2022-23.Polydyne is the sole source vendor for the polymer formulations that City of South San Francisco Printed on 6/3/2022Page 2 of 3 powered by Legistar™71 File #:22-452 Agenda Date:6/8/2022 Version:1 Item #:9. to procure the chemicals for FY 2022-23.Polydyne is the sole source vendor for the polymer formulations that are used at the WQCP.Approval of the attached resolution will allow for the execution of contracts for bulk chemicals and the continued reliable operation of the WQCP. Staff recommends that the City Council adopt a resolution approving the purchase agreements for the furnishing of bulk process chemicals for wastewater treatment for the fiscal year 2022-23 and authorize the City Manager to execute the necessary agreements. Attachments: 1.Attachment 1 - Cost Breakdown for Bulk Chemicals City of South San Francisco Printed on 6/3/2022Page 3 of 3 powered by Legistar™72 Estimated Quantity FY 2022-2023Chemical Name Plant UseUnit TotalFerric Chloride Enhance Primary Treatment 50,000 $3.04 dry ton $152,000Sodium Hypochlorite Disinfection450,000 $1.492 gallon $671,220Sodium Bisulfite Dechlorination325,000 $1.475 gallon $479,375WE-527 Solids Dewatering30,000 $14.534 gallon $436,020WE-984 Enhance Primary Treatment 4,000 $13.112 gallon$52,448WE-2204Recuperative Thickener 30,000 $14.534 gallon $436,020Estimated Costs, no tax $2,227,083Tax 9.87%0.0987 219,813.09$2,446,896Total Estimated Costs Including Sales Tax Attachment 173 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-453 Agenda Date:6/8/2022 Version:1 Item #:9a. Resolution approving purchase agreements for the furnishing bulk process chemicals at the Water Quality Control Plant for fiscal year 2022-23 and authorizing the City Manager to execute the purchase agreements WHEREAS,the City of South San Francisco uses bulk chemicals in its operation of the South San Francisco- San Bruno Water Quality Control Plant (WQCP); and WHEREAS,Section 4.04.040 of the South San Francisco Municipal Code (SSFMC)authorizes the City to take advantage of valid contract terms that have been negotiated by another governmental agency,where that agency had used a quote or bid process substantially conforming with SSFMC Chapter 4.04 and State law; and WHEREAS,the City of South San Francisco joined the Bay Area Chemical Consortium (BACC)in 2012 to obtain the lowest possible pricing through joint leveraged purchasing; and WHEREAS,the BACC conducted a competitive bid process for bulk purchase of numerous chemicals for fiscal year 2022-23; and WHEREAS,the lowest responsive bids for the chemicals to be purchased through the BACC were Kemira Water Solutions for ferric chloride; Univar USA, Inc. for sodium hypochlorite and sodium bisulfite; and WHEREAS,as a member of the BACC,the City of South San Francisco is entitled to purchase bulk chemicals from the BACC’s low bidders at the bid prices stated above; and WHEREAS,the BACC no longer facilitates the bidding process for polymer and agencies must facilitate this process individually; and WHEREAS,South San Francisco Municipal Code Section 4.04.080(a)permits the City to dispense with open market procedures if a commodity can only be obtained from one vendor; and WHEREAS,Polydyne,Inc.is the sole source vendor for the polymer formulations that are used at the WQCP; and WHEREAS,plant management negotiated a bulk rate discount for polymer from Polydyne,Inc.into FY 2022- 23 for Polymers WE-527, WE-984, and WE-2204; and WHEREAS,City Council desires to approve the purchase agreements for the furnishing of bulk process chemicals for wastewater treatment for fiscal year (FY)2022-23 and authorize the City Manager to execute the City of South San Francisco Printed on 6/9/2022Page 1 of 2 powered by Legistar™74 File #:22-453 Agenda Date:6/8/2022 Version:1 Item #:9a. chemicals for wastewater treatment for fiscal year (FY)2022-23 and authorize the City Manager to execute the necessary agreements. NOW,THEREFORE,BE IT RESOLVED,that the City Council of the City of South San Francisco hereby approves and awards purchase agreements with the following vendors for the bulk chemicals listed below,in conformance with the BACC lowest responsive bids,conditioned on timely execution by each vendor of the Standard Agreement contained in the BACC Chemical Requirements for the fiscal year 2022-23 bid package (“Standard Agreement”) and submission of all required documents: A.Draft Kemira Water Solutions Company for Ferric Chloride (Exhibit A) B. Draft Univar USA, Inc. for Sodium Bisulfite and Sodium Hypochlorite (Exhibit B) BE IT FURTHER RESOLVED,that the City Council of the City of South San Francisco hereby approves and awards a purchase agreement with Polydyne,Inc.for Polymer (Exhibit C)for twelve (12)months,conditioned on timely execution by the vendor of the purchase agreement and submission of all required documents. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the necessary purchase agreements with Kemira Water Solutions Inc.,Univar USA,and Polydyne,Inc.for bulk chemical purchases for fiscal year 2022-23,subject to approval as to form by the City Attorney,and take any other action necessary to further the intent of this resolution. ***** City of South San Francisco Printed on 6/9/2022Page 2 of 2 powered by Legistar™75 -1- CONTRACT PURCHASING AGREEMENT FOR THE PURCHASE OF FERRIC CHLORIDE SOLUTION FOR THE TREATMENT OF WASTEWATER THIS AGREEMENT is made this 8th day of June, 2022, by and between the City of South San Francisco, California, hereinafter called the "CITY" and Kemira Water Solutions, Inc. 4321 W.6th St. Lawrence, KS 66049 hereinafter called the "SELLER", at South San Francisco, County of San Mateo, State of California. WHEREAS, THE City has determined a need for approximately 50,000 gallons annually of ferric chloride solution delivered in bulk trailer loads to be used as a coagulant in the treatment of wastewater. WHEREAS, THE SELLER has the capability of delivering ferric chloride solution in the amount as required and in a timely manner. NOW, THEREFORE, in consideration of the mutual promises and agreements hereinafter set forth, the parties agree as follows: 1. Obligations: The CITY agrees to buy one hundred percent (100%) of the City’s annual volume requirement from the SELLER. SELLER agrees to sell, and deliver approximately 50,000 gallons of ferric chloride solution to the City in accordance with SELLER’S schedule of delivery. 2. Shipping Terms: (a)SELLER shall ship each shipment of PRODUCT FOB Delivered. (b) All shipments of ferric chloride solution shall be accompanied with the following: i. Bill of Lading ii. Certified Analysis indicating ferric chloride iii. Weighmaster’s certificate of weight iv. Applicable regulatory documents 3.SELLER additionally agrees to comply with all provisions contained in City's specifications, which include a requirement that insurance be obtained in the type and amount set forth in the specifications and Section 14 below. 4.Purchase Price: The City agrees to pay to the SELLER, in accordance with the following: PRODUCT: Ferric Chloride Solution (37% to 42% by weight) Ship To: Water Quality Control Plant, 195 Belle Air Road, South San Francisco Ca. 94080 Unit Price exclusive of all taxes: $3.04 per gallon ($1,217.00 per dry ton). Quantity: approximately 50,000 gallons annually. Containers: PRODUCT delivered in bulk load (approximately 4,000 gallons per tanker truck/trailer load). EXHIBIT A 76 CONTRACT PURCHASING AGREEMENT Page 2 NTE: The total compensation for products purchased under this Agreement shall not exceed $152,000. 5. Taxes: SELLER shall pay all applicable federal, state, and local taxes which may be chargeable against the delivery of the PRODUCT listed herein. 6. Quantity: The quantity of PRODUCT received, and for which the CITY shall pay SELLER, shall be measured in wet pounds by SELLER’S scales. Any clears of shortage shall be deemed waived unless made in writing and received by SELLER within fifteen (15) days from CITY’S receipt of the shipment in question. Shortages of less than 1% of the net weight of PRODUCTs shall not be contested. The parties agree to exercise best efforts in good faith to resolve any discrepancies regarding the weight of any shipment. 7. Purchase Orders: The CITY shall issue purchase orders to SELLER authorizing the SELLER to provide the PRODUCTs in accordance with this agreement. SELLER will make its best efforts to ship PRODUCT within five (5) business days days after receiving the CITY’S purchase order. 8. Pricing: The prices herein specified are firm for 12 months following execution of this agreement and includes all delivery costs. All prices are exclusive of tax. There is no pesticide fee for ferric chloride solutions. All prices are effective based upon the shipment date of the PRODUCT. 9. Payment: The price for the PRODUCT shall be invoiced in United States currency and will be paid to the SELLER at the address indicated on the SELLER’S invoice. SELLER reserves the right, among other available remedies, either to cancel this contract or suspend further deliveries under this contract in the event the CITY fails to pay for any one shipment when payment becomes due and upon written notice of such failure, the CITY does not pay the balance. 10. Quality: The SELLER agrees that the PRODUCT supplied pursuant to this Agreement shall be free of sediment and solid particles and shall not contain anything that will adversely affect or interfere with normal operation of the City’s biological treatment processes or be injurious to the ferric chloride feeding equipment. SELLER further warrants that (A) all PRODUCT shall comply with the Specifications, (B) SELLER has good title to all PRODUCT delivered and all PRODUCT delivered are free from liens and other encumberances, and (C) SELLER’s delivery and installation of the PRODUCT will be in strict conformity with all applicable state, local and federal laws. The CITY shall be obligated to purchase only that PRODUCT which meets the Specifications and requirements listed above. Any claim that any PRODUCT does not meet Specifications or meet the CITY’s requirements shall be deemed waived unless made in writing and received by SELLER within fifteen (15) days from the CITY’S receipt of the PRODUCT in question. 11. Non-Conforming PRODUCT: SELLER shall immediately replace all PRODUCT not meeting Specifications, shall reimburse the CITY for the reasonable shipping costs associated with the CITY’S 77 CONTRACT PURCHASING AGREEMENT Page 3 return of non-conforming PRODUCT, shall pay for the shipping costs associated with delivering to the CITY the replacement PRODUCT and shall be responsible for the disposal of any non-conforming PRODUCT and associated containers returned by the CITY. If SELLER, after notice of non- conformity, fails to proceed promptly to provide conforming product, the CITY may perform all work necessary to effectuate such replacement and recover the cost from SELLER. 12. PRODUCT Testing: SELLER shall analyze and retain a clearly-marked, representative sample from each shipment of PRODUCT. SELLER shall retain each sample and such sample's test results for three (3) months and, upon written request, shall provide such to the CITY. The parties agree to exercise best efforts in good faith to resolve any discrepancies between their respective test results regarding any sample and/or shipment. 13. Indemnity: To the fullest extent allowed by law, the SELLER and its employees, subcontractors, and agents shall defend, indemnify, and save and hold harmless the CITY, its officers, agents, employees and volunteers from any claims, suits or actions of every name, kind and description brought forth, or on account of, injuries to or death of any person (including but not limited to workers and the public), or damage to property, resulting from or arising out of SELLER’s or its personnel, employees, agents, or subcontractors’ willful misconduct or negligent act or omission while engaged in the performance of services described in this Request for Bids and/or pursuant to this Agreement, except those matters arising from the CITY’s sole negligence or willful misconduct. The parties intend that this provision shall be broadly construed. 14. Insurance: Prior to beginning the Work and continuing throughout the term of this Agreement, SELLER shall, at SELLER’S sole cost and expense, furnish the CITY with certificates of insurance evidencing that SELLER has obtained and maintains insurance in the following amounts: A. Workers’ Compensation that satisfies the minimum statutory limits. B. Commercial General Liability and Property Damage Insurance in an amount not less than ONE MILLION DOLLARS ($1,000,000) combined single limit per occurrence, TWO MILLION DOLLARS ($2,000,000) annual aggregate, for bodily injury, property damage, products, completed operations and contractual liability coverage. The policy shall also include coverage for liability arising out of the use and operation of any CITY-owned or CITY-furnished equipment used or operated by the SELLER, its personnel, agents or subcontractors. C. Comprehensive automobile insurance in an amount not less than ONE MILLION DOLLARS ($1,000,000) per occurrence for bodily injury and property damage including coverage for owned and non- owned vehicles. All insurance policies shall be written on an occurrence basis and shall name the CITY INDEMNITIEES as additional insureds and any CITY insurance shall be secondary and in excess to SELLER’s insurance. If the SELLER’s insurance policy includes a self-insured retention that must be paid by a named insured as a precondition of the insurer’s liability, or which has the effect of providing 78 CONTRACT PURCHASING AGREEMENT Page 4 that payments of the self-insured retention by others, including additional insureds or insurers do not serve to satisfy the self-insured retention, such provisions must be modified by special endorsement so as to not apply to the additional insured coverage required by this agreement so as to not prevent any of the parties to this agreement from satisfying or paying the self-insured retention required to be paid as a precondition to the insurer’s liability. Additionally, the certificates of insurance must note whether the policy does or does not include any self-insured retention and also must disclose the deductible. The CITY Risk Manager, in writing, may approve a variation in the foregoing insurance requirements. A valid and executed approval by Risk Manager must accompany this Purchase Agreement for a variation to be binding. 15. Prevailing Wage: Where applicable, the wages to be paid for a day's work to all classes of laborers, workmen, or mechanics on the work contemplated by this Purchase Agreement, shall be not less than the prevailing rate for a day’s work in the same trade or occupation in the locality within the state where the work hereby contemplates to be performed as determined by the Director of Industrial Relations pursuant to the Director’s authority under Labor Code Section 1770, et seq. Each laborer, worker or mechanic employed by SELLER or by any subcontractor shall receive the wages herein provided for. The SELLER shall pay two hundred dollars ($200), or whatever amount may be set by Labor Code Section 1775, as may be amended, per day penalty for each worker paid less than prevailing rate of per diem wages. The difference between the prevailing rate of per diem wages and the wage paid to each worker shall be paid by the SELLER to each worker. An error on the part of an awarding body does not relieve the SELLER from responsibility for payment of the prevailing rate of per diem wages and penalties pursuant to Labor Code Sections 1770-1775. The CITY will not recognize any claim for additional compensation because of the payment by the SELLER for any wage rate in excess of prevailing wage rate set forth. The possibility of wage increases is one of the elements to be considered by the SELLER. 16. Damage To City Facilities: Damage to CITY or public facilities or private property caused by the SELLER in the delivery of the PRODUCT shall be repaired and/or replaced in kind by the SELLER at no cost to the CITY. 17. Force Majeure/Hardship/Other Sources: If the CITY’S ability to take or SELLER’S ability to deliver the PRODUCT is impaired due to circumstances beyond reasonable control, including but not limited to fire, flood, Government action, accident, labor disputes or shortage, or inability to obtain from normal sources raw material, equipment, or transportation, the one so affected shall be excused without liability from taking or making delivery to the extent of such impairment. If SELLER’S ability to deliver PRODUCT is reduced due to any such circumstance, SELLER may reduce the contract quantity in any year upon written notice to the CITY if SELLER deems such reduction necessary to effect a fair allocation of the PRODUCT to users/purchasers thereof, in which case the CITY’S obligation to purchase PRODUCT from SELLER hereunder shall be reduced and adjusted accordingly. Notwithstanding, if SELLER’S ability to deliver PRODUCT is reduced due to any such 79 CONTRACT PURCHASING AGREEMENT Page 5 circumstance, then the CITY may obtain PRODUCT from another source, and the quantity of PRODUCT obtained from another source will be credited to any minimum quantity requirement set forth in this Agreement for the respective contract year as if such had been purchased from SELLER. If the CITY’S inability to take PRODUCT is excused under this subparagraph, SELLER’S obligation to sell PRODUCT to the CITY hereunder shall be reduced and adjusted accordingly. 18. Site Safety and Cleanup: The delivery and installation site shall be kept clean and free of hazards at all times during installation. After installation is completed at the site, SELLER shall clean the surrounding area to the condition prior to installation. 19. Period and Renewal: This AGREEMENT is for the period beginning July 1, 2022 and ending June 30, 2023. This AGREEMENT may be extended or amended by mutual agreement in writing between the parties on the same terms and conditions through June 30, 2024 if such mutual agreement is reached before expiration of the current agreement. 20. Notices: All notices concerning the subject matter hereof shall be made in writing and shall be deemed to have been duly given (i) on the date of service if served personally on the party to whom notice is to be given, (ii) on the date of service if delivery is made by overnight courier on the party to whom notice is to be given at the address set forth above, or (iii) five (5) days after the date of depositing the same in the U.S. mail and mailed to the Party to whom notice is to be given, by first class mail, registered or certified, postage prepaid, and properly addressed as sat forth above. All notices to be given with respect to this Agreement shall be addressed to: To the City Contract Administrator: Brian Schumacker, Plant Superintendent Water Quality Control Plant 195 Belle Air Road, South San Francisco, CA 94080 To Seller: Kemira Water Solutions Attention: Tina Imbrogno 4321 W. 6th Street Lawrence, KS 66049 21. Entire Agreement: This contract, along with all exhibits attached hereto which are incorporated herein by this reference, sets forth the entire and complete agreement regarding the subject matter hereof and may be executed in identical counterparts. 22. Waivers: Waivers of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement. 80 CONTRACT PURCHASING AGREEMENT Page 6 23. Assignment: Neither party shall assign or delegate its rights or obligations under this contract without the prior written consent of the other party, which consent shall not be unreasonably withheld. Notwithstanding the foregoing, should substantially all of the assets of either party be purchased or otherwise acquired by an unrelated entity or person, such party may assign and delegate its rights and obligations hereunder to the acquiring person or entity. 24. Applicable Law: This Agreement shall be construed and enforced in accordance with the laws of the State of California without reference to the conflict or choice of law principles thereof. The jurisdiction for any litigation arising hereunder shall be in the state of California and venue shall be in San Mateo County. 25. Modifications: No modification, waiver, termination, or amendment of this Agreement is effective unless made in writing signed by the City and the SELLER. 26. Attorneys' Fees: If any action at law and equity shall be brought to recover for or on the account of any breach of, or to enforce or interpret any of the covenants, terms or conditions of this contract, the prevailing party shall be entitled to recover from the other party reasonable attorney's fees. 27. Equivalent Pricing: SELLER assures the CITY that it will not offer lower prices to any Municipal entity of comparable volume, shipping distances and like chemistry without adjusting same for the CITY. Due to other existing contractual obligations, there may instances where another like Municipality has a lower price but such contract will not be renewed or re-bid below The CITY’S price, without making an adjustment to the CITY. 28. Severability: If any term of this Agreement is held invalid by a court of competent jurisdiction, the remainder of this Agreement shall remain in effect. 81 CONTRACT PURCHASING AGREEMENT Page 7 Exhibit A. (Attached): PRODUCT Specifications IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their representatives as of this day first written above. CITY OF SOUTH SAN FRANCISCO: SELLER: A Municipal Corporation Kemira Water Solutions, Inc. By: ___________________________ By: _______________________________ Title: Mike Futrell, City Manager Title: _____________________________ ATTEST: ________________________ City Clerk Approved as to Form: ____________________________ City Attorney 82 CONTRACT PURCHASING AGREEMENT Page 8 EXHIBIT “A” PRODUCT SPECIFICATIONS Ferric Chloride Solution: CAS Number: 7705-08-0 Chemical Formula: FeCl3 Molecular Weight: 162.20 Specific Gravity (@ 20o C): 1.300 - 1.500 %FeCl3: 37% to 42% by weight %FeCl2: <2.5% %HCl: <1.5% % Insoluables Less Than <0.25% Manufactured and Formulated by: Thatcher Company of California, Inc., Salt Lake City, UT. Substitutions of PRODUCT of dissimilar nature are not permitted. 83 -1- CONTRACT PURCHASING AGREEMENT FOR THE PURCHASE OF SODIUM HYPOCHLORITE SOLUTION AND SODIUM BISULFITE SOLUTION THIS AGREEMENT is made this 8th day of June, 2022, by and between the City of South San Francisco, California, hereinafter called the "CITY" and Univar USA Inc., 8201 South 212th Street, Kent, Washington, 98032-1994 hereinafter called the "SELLER", at South San Francisco, County of San Mateo, State of California. WHEREAS, THE City has determined a need for approximately 450,000 gallons annually of sodium hypochlorite (minimum 12.5 % chlorine solution) delivered in bulk load using tanker trucks to be used as a disinfecting agent for the treatment of wastewater. WHEREAS, THE City has determined a need for approximately 325,000 gallons annually of sodium bisulfite (minimum 25 % solution by weight) delivered in bulk load using tanker trucks to be used as a de-chlorinating agent for the treatment of wastewater. WHEREAS, THE SELLER has the capability of delivering the required volume of sodium hypochlorite (minimum 12.5% chlorine solution) in the amounts as required and in a timely manner. WHEREAS, THE SELLER has the capability of delivering the required volume of sodium bisulfite (minimum 25% solution by weight) in the amounts as required and in a timely manner. NOW, THEREFORE, in consideration of the mutual promises and agreements hereinafter set forth, the parties agree as follows: 1. Obligations: The CITY agrees to buy one hundred percent (100%) of the City’s annual volume requirement from the SELLER. SELLER agrees to sell, and deliver approximately 450,000 gallons of sodium hypochlorite solution (minimum available chlorine of 12.5% by weight) to the City in accordance with SELLER’S schedule of delivery. The CITY agrees to buy one hundred percent (100%) of the City’s annual volume requirement from the SELLER. SELLER agrees to sell, and deliver approximately 325,000 gallons of sodium bisulfite solution (minimum available 25% by weight) to the CITY in accordance with The SELLER’S schedule of delivery. 2. Shipping Terms: (a)SELLER shall ship each shipment of PRODUCT FOB Delivered. (b) All shipments of sodium hypochlorite and sodium bisulfite shall be accompanied with the following: i. Bill of Lading ii. Certified Analysis indicating Sodium Hypochlorite and Sodium Bisulfite EXHIBIT B 84 CONTRACT PURCHASING AGREEMENT Page 2 iii. Weighmaster’s certificate of weight iv. Applicable regulatory documents 3. SELLER additionally agrees to comply with all provisions contained in City's specifications, which include a requirement that insurance be obtained in the type and amount set forth in the specifications and Section 14 below. 4. a) Purchase Price: The City agrees to pay to the SELLER, in accordance with the following: Product: Sodium Hypochlorite Solution (12.5% available chlorine by weight). Ship To: Water Quality Control Plant, 195 Belle Air Road, South San Francisco Ca. 94080 Unit Price exclusive of all taxes: $1.4916/gallon $.14916/lb Quantity: approximately 450,000 gallons annually. Containers: PRODUCT delivered in bulk load (approximately 4,500 gallons per tanker truck/trailer load). b) Purchase Price: The City agrees to pay the SELLER, in accordance with the following: Product: Sodium Bisulfite Solution (25% available by weight). Ship to: Water Quality Control Plant, 195 Belle Air Road, South San Francisco Ca. 94080 Unit Price exclusive of all taxes: $1.4750/gallon. $.1486/lb Quantity: approximately 325,000 gallons annually. Containers: delivered in bulk load, approximately 4,500 gallons per tanker truck/trailer load NTE: The total compensation for products purchased under this Agreement shall not exceed $1,150,595.00 5. Taxes: SELLER shall pay all applicable federal, state, and local taxes which may be chargeable against the delivery of the PRODUCT listed herein. 6. Quantity: The quantity of PRODUCT received, and for which the CITY shall pay SELLER, shall be measured in wet pounds by SELLER’S scales. Any clears of shortage shall be deemed waived unless made in writing and received by SELLER within fifteen (15) days from CITY’S receipt of the shipment in question. Shortages of less than 1% of the net weight of PRODUCTs shall not be contested. The parties agree to exercise best efforts in good faith to resolve any discrepancies regarding the weight of any shipment. 7. Purchase Orders: The CITY shall issue purchase orders to SELLER authorizing the SELLER to provide the PRODUCTs in accordance with this agreement. SELLER will make its best efforts to ship PRODUCT within five (5) business days days after receiving the CITY’S purchase order. 8. Pricing: The prices herein specified are firm for 12 months following execution of this 85 CONTRACT PURCHASING AGREEMENT Page 3 agreement and includes all delivery costs. All prices are exclusive of tax and pesticide fee. All prices are effective based upon the shipment date of the PRODUCT. 9. Payment: The price for the PRODUCT shall be invoiced in United States currency and will be paid to the SELLER at the address indicated on the SELLER’S invoice. SELLER reserves the right, among other available remedies, either to cancel this contract or suspend further deliveries under this contract in the event the CITY fails to pay for any one shipment when payment becomes due and upon written notice of such failure, the CITY does not pay the balance. 10. Quality: The SELLER agrees that the PRODUCT supplied pursuant to this Agreement shall be free of sediment and solid particles and shall not contain anything that will adversely affect or interfere with normal operation of the City’s biological treatment processes or be injurious to the ferric chloride feeding equipment. SELLER further warrants that (A) all PRODUCT shall comply with the Specifications and be of good merchantable quality, fit for the purpose for which sold, (B) SELLER has good title to all PRODUCT delivered and all PRODUCT delivered are free from liens and other encumberances, and (C) SELLER’s delivery and installation of the PRODUCT will be in strict conformity with all applicable state, local and federal laws. The CITY shall be obligated to purchase only that PRODUCT which meets the Specifications and requirements listed above. Any claim that any PRODUCT does not meet Specifications or meet the CITY’s requirements shall be deemed waived unless made in writing and received by SELLER within fifteen (15) days from the CITY’S receipt of the PRODUCT in question. 11. Non-Conforming PRODUCT: SELLER shall immediately replace all PRODUCT not meeting Specifications, shall reimburse the CITY for the reasonable shipping costs associated with the CITY’S return of non-conforming PRODUCT, shall pay for the shipping costs associated with delivering to the CITY the replacement PRODUCT and shall be responsible for the disposal of any non-conforming PRODUCT and associated containers returned by the CITY. If SELLER, after notice of non- conformity, fails to proceed promptly to provide conforming product, the CITY may perform all work necessary to effectuate such replacement and recover the cost from SELLER. 12. PRODUCT Testing: SELLER shall analyze and retain a clearly-marked, representative sample from each shipment of PRODUCT. SELLER shall retain each sample and such sample's test results for three (3) months and, upon written request, shall provide such to the CITY. The parties agree to exercise best efforts in good faith to resolve any discrepancies between their respective test results regarding any sample and/or shipment. 13. Indemnity: Except for any loss, damage or expense arising solely from the gross negligence or willful misconduct of the CITY, or any employee, agent or independent contractor of the CITY SELLER shall, to the fullest extent permitted by law, indemnify, defend and hold harmless the CITY and its officers, employees, agents and independent contractors (“CITY INDEMNITEES”), from and against any and all claims, loss, damage or expense, including reasonable attorney's fees, arising from or relating to, or caused by the performance of SELLER under this Contract. 86 CONTRACT PURCHASING AGREEMENT Page 4 14. Insurance: Prior to beginning the Work and continuing throughout the term of this Agreement, SELLER shall, at SELLER’S sole cost and expense, furnish the CITY with certificates of insurance evidencing that SELLER has obtained and maintains insurance in the following amounts: A. Workers’ Compensation that satisfies the minimum statutory limits. B. Commercial General Liability and Property Damage Insurance in an amount not less than ONE MILLION DOLLARS ($1,000,000) combined single limit per occurrence, TWO MILLION DOLLARS ($2,000,000) annual aggregate, for bodily injury, property damage, products, completed operations and contractual liability coverage. The policy shall also include coverage for liability arising out of the use and operation of any CITY-owned or CITY-furnished equipment used or operated by the SELLER, its personnel, agents or subcontractors. C. Comprehensive automobile insurance in an amount not less than ONE MILLION DOLLARS ($1,000,000) per occurrence for bodily injury and property damage including coverage for owned and non- owned vehicles. All insurance policies shall be written on an occurrence basis and shall name the CITY INDEMNITIEES as additional insureds and any CITY insurance shall be secondary and in excess to SELLER’s insurance. If the SELLER’s insurance policy includes a self-insured retention that must be paid by a named insured as a precondition of the insurer’s liability, or which has the effect of providing that payments of the self-insured retention by others, including additional insureds or insurers do not serve to satisfy the self-insured retention, such provisions must be modified by special endorsement so as to not apply to the additional insured coverage required by this agreement so as to not prevent any of the parties to this agreement from satisfying or paying the self-insured retention required to be paid as a precondition to the insurer’s liability. Additionally, the certificates of insurance must note whether the policy does or does not include any self-insured retention and also must disclose the deductible. The CITY Risk Manager, in writing, may approve a variation in the foregoing insurance requirements. A valid and executed approval by Risk Manager must accompany this Purchase Agreement for a variation to be binding. 15. Prevailing Wage: Where applicable, the wages to be paid for a day's work to all classes of laborers, workmen, or mechanics on the work contemplated by this Purchase Agreement, shall be not less than the prevailing rate for a day’s work in the same trade or occupation in the locality within the state where the work hereby contemplates to be performed as determined by the Director of Industrial Relations pursuant to the Director’s authority under Labor Code Section 1770, et seq. Each laborer, worker or mechanic employed by SELLER or by any subcontractor shall receive the wages herein provided for. The SELLER shall pay two hundred dollars ($200), or whatever amount may be set by Labor Code Section 1775, as may be amended, per day penalty for each worker paid less than prevailing rate of per diem wages. The difference between the prevailing rate of per diem wages and the wage paid to each worker shall be paid by 87 CONTRACT PURCHASING AGREEMENT Page 5 the SELLER to each worker. An error on the part of an awarding body does not relieve the SELLER from responsibility for payment of the prevailing rate of per diem wages and penalties pursuant to Labor Code Sections 1770-1775. The CITY will not recognize any claim for additional compensation because of the payment by the SELLER for any wage rate in excess of prevailing wage rate set forth. The possibility of wage increases is one of the elements to be considered by the SELLER. 16. Damage To City Facilities: Damage to CITY or public facilities or private property caused by the SELLER in the delivery of the PRODUCT shall be repaired and/or replaced in kind by the SELLER at no cost to the CITY. 17. Force Majeure/Hardship/Other Sources: If the CITY’S ability to take or SELLER’S ability to deliver the PRODUCT is impaired due to circumstances beyond reasonable control, including but not limited to fire, flood, Government action, accident, labor disputes or shortage, or inability to obtain from normal sources raw material, equipment, or transportation, the one so affected shall be excused without liability from taking or making delivery to the extent of such impairment. If SELLER’S ability to deliver PRODUCT is reduced due to any such circumstance, SELLER may reduce the contract quantity in any year upon written notice to the CITY if SELLER deems such reduction necessary to effect a fair allocation of the PRODUCT to users/purchasers thereof, in which case the CITY’S obligation to purchase PRODUCT from SELLER hereunder shall be reduced and adjusted accordingly. Notwithstanding, if SELLER’S ability to deliver PRODUCT is reduced due to any such circumstance, then the CITY may obtain PRODUCT from another source, and the quantity of PRODUCT obtained from another source will be credited to any minimum quantity requirement set forth in this Agreement for the respective contract year as if such had been purchased from SELLER. If the CITY’S inability to take PRODUCT is excused under this subparagraph, SELLER’S obligation to sell PRODUCT to the CITY hereunder shall be reduced and adjusted accordingly. 18. Site Safety and Cleanup: The delivery and installation site shall be kept clean and free of hazards at all times during installation. After installation is completed at the site, SELLER shall clean the surrounding area to the condition prior to installation. 19. Period and Renewal: This AGREEMENT is for the period beginning July 1, 2022, and ending June 30, 2021. This AGREEMENT may be extended or amended by mutual agreement in writing between the parties on the same terms and conditions through June 30, 2023, if such mutual agreement is reached before expiration of the current agreement. 20. Notices: All notices concerning the subject matter hereof shall be made in writing and shall be deemed to have been duly given (i) on the date of service if served personally on the party to whom notice is to be given, (ii) on the date of service if delivery is made by overnight courier on the party to whom notice is to be given at the address set forth above, or (iii) five (5) days after the date of depositing the same in the U.S. mail and mailed to the Party to whom notice is to be given, by first class mail, registered or certified, postage prepaid, and properly addressed as sat forth above. All 88 CONTRACT PURCHASING AGREEMENT Page 6 notices to be given with respect to this Agreement shall be addressed to: To the City Contract Administrator: Brian Schumacker, Plant Superintendent Water Quality Control Plant 195 Belle Air Road, South San Francisco, CA 94080 To Seller: Univar USA Inc. 8201 S. 212th Street Kent, WA 98032 21. Entire Agreement: This contract, along with all exhibits attached hereto which are incorporated herein by this reference, sets forth the entire and complete agreement regarding the subject matter hereof and may be executed in identical counterparts. 22. Waivers: Waivers of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement. 23. Assignment: Neither party shall assign or delegate its rights or obligations under this contract without the prior written consent of the other party, which consent shall not be unreasonably withheld. Notwithstanding the foregoing, should substantially all of the assets of either party be purchased or otherwise acquired by an unrelated entity or person, such party may assign and delegate its rights and obligations hereunder to the acquiring person or entity. 24. Applicable Law: This Agreement shall be construed and enforced in accordance with the laws of the State of California without reference to the conflict or choice of law principles thereof. The jurisdiction for any litigation arising hereunder shall be in the state of California and venue shall be in San Mateo County. 25. Modifications: No modification, waiver, termination, or amendment of this Agreement is effective unless made in writing signed by the City and the SELLER. 26. Attorneys' Fees: If any action at law and equity shall be brought to recover for or on the account of any breach of, or to enforce or interpret any of the covenants, terms or conditions of this contract, the prevailing party shall be entitled to recover from the other party reasonable attorney's fees. 27. Equivalent Pricing: SELLER assures the CITY that it will not offer lower prices to any Municipal entity of comparable volume, shipping distances and like chemistry without adjusting same for the CITY. Due to other existing contractual obligations, there may instances where another like 89 CONTRACT PURCHASING AGREEMENT Page 7 Municipality has a lower price but such contract will not be renewed or re-bid below The CITY’S price, without making an adjustment to the CITY. 28. Severability: If any term of this Agreement is held invalid by a court of competent jurisdiction, the remainder of this Agreement shall remain in effect. 90 CONTRACT PURCHASING AGREEMENT Page 8 Exhibit A. (Attached): PRODUCT Specifications IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their representatives as of this day first written above. CITY OF SOUTH SAN FRANCISCO: SELLER: A Municipal Corporation Univar USA, Inc. By: ___________________________ By: _______________________________ Title: Mike Futrell, City Manager Title: _____________________________ ATTEST: ________________________ City Clerk Approved as to Form: ____________________________ City Attorney 91 CONTRACT PURCHASING AGREEMENT Page 9 EXHIBIT “A” PRODUCT SPECIFICATIONS Sodium Hypochlorite 12.5% Solution (by weight) as NaOCl (%wt) 12.5 - 13.2 Available Chlorine (%wt) 11.9 - 12.6 Available Chlorine (%vol) 14.3 - 15.3 Available Chlorine grams/liter 143 - 153 Excess Caustic (%wt) 0.25 - 0.80 Specific Gravity @ 60°F 1.197 - 1.220 pH 12.0 - 13.0 Iron (Fe) ppm <0.5 Nickel (Ni) ppm <0.2 Copper (Cu) ppm <0.2 Mercury (Hg) ppb 0.001 - 0.003 Sodium Chloride (NaCl)% <15.0 Substitutions of product of dissimilar nature are not permitted. Sodium Bisulfite 25% Solution (by weight) % Sodium Bisulfite: 25% % Sulfur Dioxide (SO2) Equivalent 15.4%-16.6% pH: 3.5-4.6 Specific Gravity: 1.19-1.2 Substitutions of product of dissimilar nature are not permitted. 92 -1- CONTRACT PURCHASING AGREEMENT FOR THE PURCHASE OF CATIONIC AND ANIONIC POLYMERS THIS AGREEMENT is made this 8th day of June, 2022, by and between the City of South San Francisco, California, hereinafter called the "CITY" and Polydyne Inc., 1 Chemical Plant Road, Riceboro, Ga., 31323 hereinafter called the "SELLER", at South San Francisco, County of San Mateo, State of California. WHEREAS, THE City has determined a need for approximately 64,000 gallons annually of cationic and anionic polymer emulsions used as a flocculation aid delivered in 275 gallon reusable totes. WHEREAS, THE SELLER has the capability of delivering cationic and anionic polymer emulsion in the amounts as required and in a timely manner. NOW, THEREFORE, in consideration of the mutual promises and agreements hereinafter set forth, the parties agree as follows: 1. Obligations: The CITY agrees to buy one hundred percent (100%) of the City’s annual volume requirement from the SELLER. SELLER agrees to sell, and deliver approximately 64,000 gallons of polymer emulsion to the CITY in accordance with SELLER’S schedule of delivery. 2. Shipping Terms: (a)SELLER shall ship each shipment of PRODUCT FOB Delivered. (b) All shipments of cationic and anionic polymers shall be accompanied with the following: i. Bill of Lading ii. Certified Analysis indicating WE-984 Polymer, WE-527 Polymer and WE-2204 iii. Weighmaster’s certificate of weight iv. Applicable regulatory documents 3.SELLER additionally agrees to comply with all provisions contained in City's specifications, which include a requirement that insurance be obtained in the type and amount set forth in the specifications and Section 14 below. 4.a) Purchase Price: The City agrees to pay to the SELLER, in accordance with the following: Product: Ship to: Price Quantity Containers: WE-984 South San Francisco $13.112/gal 4,000 gal 275 gal Totes $1.49 lb WE-527 South San Francisco $14.534/gal 30,000 gal 275 gal Totes $1.69/lb EXHIBIT C 93 CONTRACT PURCHASING AGREEMENT Page 2 WE-2204 South San Francisco $14.534/gal 30,000 gal 275 gal Totes $1.69/lb NTE: The total compensation for products purchased under this Agreement shall not exceed $924,488.00 5. Taxes: SELLER shall pay all applicable federal, state, and local taxes which may be chargeable against the delivery of the PRODUCT listed herein. 6. Quantity: The quantity of PRODUCT received, and for which the CITY shall pay SELLER, shall be measured in wet pounds by SELLER’S scales. Any clears of shortage shall be deemed waived unless made in writing and received by SELLER within fifteen (15) days from CITY’S receipt of the shipment in question. Shortages of less than 1% of the net weight of PRODUCTs shall not be contested. The parties agree to exercise best efforts in good faith to resolve any discrepancies regarding the weight of any shipment. 7. Purchase Orders: The CITY shall issue purchase orders to SELLER authorizing the SELLER to provide the PRODUCTs in accordance with this agreement. SELLER will make its best efforts to ship PRODUCT within five (5) business days days after receiving the CITY’S purchase order. 8. Pricing: The prices herein specified are firm for 12 months following execution of this agreement and includes all delivery costs. All prices are exclusive of tax and pesticide fee. All prices are effective based upon the shipment date of the PRODUCT. 9. Payment: The price for the PRODUCT shall be invoiced in United States currency and will be paid to the SELLER at the address indicated on the SELLER’S invoice. SELLER reserves the right, among other available remedies, either to cancel this contract or suspend further deliveries under this contract in the event the CITY fails to pay for any one shipment when payment becomes due and upon written notice of such failure, the CITY does not pay the balance. 10. Quality: The SELLER agrees that the PRODUCT supplied pursuant to this Agreement shall be free of sediment and solid particles and shall not contain anything that will adversely affect or interfere with normal operation of the City’s biological treatment processes or be injurious to the ferric chloride feeding equipment. SELLER further warrants that (A) all PRODUCT shall comply with the Specifications and be of good merchantable quality, fit for the purpose for which sold, (B) SELLER has good title to all PRODUCT delivered and all PRODUCT delivered are free from liens and other encumberances, and (C) SELLER’s delivery and installation of the PRODUCT will be in strict conformity with all applicable state, local and federal laws. The CITY shall be obligated to purchase only that PRODUCT which meets the Specifications and requirements listed above. Any claim that any PRODUCT does not meet Specifications or meet the 94 CONTRACT PURCHASING AGREEMENT Page 3 CITY’s requirements shall be deemed waived unless made in writing and received by SELLER within fifteen (15) days from the CITY’S receipt of the PRODUCT in question. 11. Non-Conforming PRODUCT: SELLER shall immediately replace all PRODUCT not meeting Specifications, shall reimburse the CITY for the reasonable shipping costs associated with the CITY’S return of non-conforming PRODUCT, shall pay for the shipping costs associated with delivering to the CITY the replacement PRODUCT and shall be responsible for the disposal of any non-conforming PRODUCT and associated containers returned by the CITY. If SELLER, after notice of non- conformity, fails to proceed promptly to provide conforming product, the CITY may perform all work necessary to effectuate such replacement and recover the cost from SELLER. 12. PRODUCT Testing: SELLER shall analyze and retain a clearly-marked, representative sample from each shipment of PRODUCT. SELLER shall retain each sample and such sample's test results for three (3) months and, upon written request, shall provide such to the CITY. The parties agree to exercise best efforts in good faith to resolve any discrepancies between their respective test results regarding any sample and/or shipment. 13. Indemnity: Except for any loss, damage or expense arising solely from the gross negligence or willful misconduct of the CITY, or any employee, agent or independent contractor of the CITY SELLER shall, to the fullest extent permitted by law, indemnify, defend and hold harmless the CITY and its officers, employees, agents and independent contractors (“CITY INDEMNITEES”), from and against any and all claims, loss, damage or expense, including reasonable attorney's fees, arising from or relating to, or caused by the performance of SELLER under this Contract. 14. Insurance: Prior to beginning the Work and continuing throughout the term of this Agreement, SELLER shall, at SELLER’S sole cost and expense, furnish the CITY with certificates of insurance evidencing that SELLER has obtained and maintains insurance in the following amounts: A. Workers’ Compensation that satisfies the minimum statutory limits. B. Commercial General Liability and Property Damage Insurance in an amount not less than ONE MILLION DOLLARS ($1,000,000) combined single limit per occurrence, TWO MILLION DOLLARS ($2,000,000) annual aggregate, for bodily injury, property damage, products, completed operations and contractual liability coverage. The policy shall also include coverage for liability arising out of the use and operation of any CITY-owned or CITY-furnished equipment used or operated by the SELLER, its personnel, agents or subcontractors. C. Comprehensive automobile insurance in an amount not less than ONE MILLION DOLLARS ($1,000,000) per occurrence for bodily injury and property damage including coverage for owned and non- owned vehicles. All insurance policies shall be written on an occurrence basis and shall name the CITY INDEMNITIEES as additional insureds and any CITY insurance shall be secondary and in excess to 95 CONTRACT PURCHASING AGREEMENT Page 4 SELLER’s insurance. If the SELLER’s insurance policy includes a self-insured retention that must be paid by a named insured as a precondition of the insurer’s liability, or which has the effect of providing that payments of the self-insured retention by others, including additional insureds or insurers do not serve to satisfy the self-insured retention, such provisions must be modified by special endorsement so as to not apply to the additional insured coverage required by this agreement so as to not prevent any of the parties to this agreement from satisfying or paying the self-insured retention required to be paid as a precondition to the insurer’s liability. Additionally, the certificates of insurance must note whether the policy does or does not include any self-insured retention and also must disclose the deductible. The CITY Risk Manager, in writing, may approve a variation in the foregoing insurance requirements. A valid and executed approval by Risk Manager must accompany this Purchase Agreement for a variation to be binding. 15. Prevailing Wage: Where applicable, the wages to be paid for a day's work to all classes of laborers, workmen, or mechanics on the work contemplated by this Purchase Agreement, shall be not less than the prevailing rate for a day’s work in the same trade or occupation in the locality within the state where the work hereby contemplates to be performed as determined by the Director of Industrial Relations pursuant to the Director’s authority under Labor Code Section 1770, et seq. Each laborer, worker or mechanic employed by SELLER or by any subcontractor shall receive the wages herein provided for. The SELLER shall pay two hundred dollars ($200), or whatever amount may be set by Labor Code Section 1775, as may be amended, per day penalty for each worker paid less than prevailing rate of per diem wages. The difference between the prevailing rate of per diem wages and the wage paid to each worker shall be paid by the SELLER to each worker. An error on the part of an awarding body does not relieve the SELLER from responsibility for payment of the prevailing rate of per diem wages and penalties pursuant to Labor Code Sections 1770-1775. The CITY will not recognize any claim for additional compensation because of the payment by the SELLER for any wage rate in excess of prevailing wage rate set forth. The possibility of wage increases is one of the elements to be considered by the SELLER. 16. Damage To City Facilities: Damage to CITY or public facilities or private property caused by the SELLER in the delivery of the PRODUCT shall be repaired and/or replaced in kind by the SELLER at no cost to the CITY. 17. Force Majeure/Hardship/Other Sources: If the CITY’S ability to take or SELLER’S ability to deliver the PRODUCT is impaired due to circumstances beyond reasonable control, including but not limited to fire, flood, Government action, accident, labor disputes or shortage, or inability to obtain from normal sources raw material, equipment, or transportation, the one so affected shall be excused without liability from taking or making delivery to the extent of such impairment. If SELLER’S ability to deliver PRODUCT is reduced due to any such circumstance, SELLER may reduce the contract quantity in any year upon written notice to the CITY if SELLER deems such reduction necessary to effect a fair allocation of the PRODUCT to users/purchasers thereof, in which case the CITY’S 96 CONTRACT PURCHASING AGREEMENT Page 5 obligation to purchase PRODUCT from SELLER hereunder shall be reduced and adjusted accordingly. Notwithstanding, if SELLER’S ability to deliver PRODUCT is reduced due to any such circumstance, then the CITY may obtain PRODUCT from another source, and the quantity of PRODUCT obtained from another source will be credited to any minimum quantity requirement set forth in this Agreement for the respective contract year as if such had been purchased from SELLER. If the CITY’S inability to take PRODUCT is excused under this subparagraph, SELLER’S obligation to sell PRODUCT to the CITY hereunder shall be reduced and adjusted accordingly. 18. Site Safety and Cleanup: The delivery and installation site shall be kept clean and free of hazards at all times during installation. After installation is completed at the site, SELLER shall clean the surrounding area to the condition prior to installation. 19. Period and Renewal: This AGREEMENT is for the period beginning July 1, 2022 and ending June 30, 2023. This AGREEMENT may be extended or amended by mutual agreement in writing between the parties on the same terms and conditions through June 30, 2024 if such mutual agreement is reached before expiration of the current agreement. 20. Notices: All notices concerning the subject matter hereof shall be made in writing and shall be deemed to have been duly given (i) on the date of service if served personally on the party to whom notice is to be given, (ii) on the date of service if delivery is made by overnight courier on the party to whom notice is to be given at the address set forth above, or (iii) five (5) days after the date of depositing the same in the U.S. mail and mailed to the Party to whom notice is to be given, by first class mail, registered or certified, postage prepaid, and properly addressed as sat forth above. All notices to be given with respect to this Agreement shall be addressed to: To the City Contract Administrator: Brian Schumacker, Plant Superintendent Water Quality Control Plant 195 Belle Air Road, South San Francisco, CA 94080 To Seller: Polydyne, Inc. 1 Chemical Plant Road Riceboro, GA, 31323 21. Entire Agreement: This contract, along with all exhibits attached hereto which are incorporated herein by this reference, sets forth the entire and complete agreement regarding the subject matter hereof and may be executed in identical counterparts. 22. Waivers: Waivers of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement. 97 CONTRACT PURCHASING AGREEMENT Page 6 23. Assignment: Neither party shall assign or delegate its rights or obligations under this contract without the prior written consent of the other party, which consent shall not be unreasonably withheld. Notwithstanding the foregoing, should substantially all of the assets of either party be purchased or otherwise acquired by an unrelated entity or person, such party may assign and delegate its rights and obligations hereunder to the acquiring person or entity. 24. Applicable Law: This Agreement shall be construed and enforced in accordance with the laws of the State of California without reference to the conflict or choice of law principles thereof. The jurisdiction for any litigation arising hereunder shall be in the state of California and venue shall be in San Mateo County. 25. Modifications: No modification, waiver, termination, or amendment of this Agreement is effective unless made in writing signed by the City and the SELLER. 26. Attorneys' Fees: If any action at law and equity shall be brought to recover for or on the account of any breach of, or to enforce or interpret any of the covenants, terms or conditions of this contract, the prevailing party shall be entitled to recover from the other party reasonable attorney's fees. 27. Equivalent Pricing: SELLER assures the CITY that it will not offer lower prices to any Municipal entity of comparable volume, shipping distances and like chemistry without adjusting same for the CITY. Due to other existing contractual obligations, there may instances where another like Municipality has a lower price but such contract will not be renewed or re-bid below The CITY’S price, without making an adjustment to the CITY. 28. Severability: If any term of this Agreement is held invalid by a court of competent jurisdiction, the remainder of this Agreement shall remain in effect. 98 CONTRACT PURCHASING AGREEMENT Page 7 Exhibit A. (Attached): PRODUCT Specifications IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their representatives as of this day first written above. CITY OF SOUTH SAN FRANCISCO: SELLER: A Municipal Corporation Polydyne Inc. By: ___________________________ By: _______________________________ Title: Mike Futrell, City Manager Title: _____________________________ ATTEST: ________________________ City Clerk Approved as to Form: ____________________________ City Attorney 99 CONTRACT PURCHASING AGREEMENT Page 8 EXHIBIT “A” PRODUCT SPECIFICATIONS The products selected for use at the South San Francisco - San Bruno Water Quality Control Plant were selected based upon specific jar tests of several products. The products which provided the best performance were: WE-984 1. Polymer Type: Anionic Emulsion 2. Polymer Trade Name: WE-984 3. Percent of Total Solids: 48% - 55% 4. Minimum Percent of Active Solids: 41% 5. Molecular Weight: Very High 6. Bulk Density Range: 300-2000 cps* 7. UL Viscosity Range: 4.3-5.3 8. Specific Gravity: approximately 1.02 WE-527 1. Polymer Type: Cationic Emulsion 2. Polymer Trade Name: WE-527 3. Percent of Total Solids: 34% – 41% 4. Minimum Percent of Active Solids: 29% 5. Molecular Weight: Extremely High 6. Bulk Density Range: 500-2000 cps* 7. UL Viscosity Range: 7.5-9.3 8. Specific Gravity: approximately 1.02 * centipoise Substitutions of product of dissimilar nature are not permitted. 100 MANUFACTURING SPECIFICATIONS Total Solids TBD Residual AcAm < 1000 ppm Neat Viscosity 500 - 2000 cPs UL Viscosity 4.3 - 5.3 cPs HANDLING AND STORAGE Suggested in-plant storage life is one year in unopened drums. For best results, store at 50-80 F. Bulk tanks should be mixed by periodically recirculating the contents bottom to top. Bulk tanks can also be fitted with an agitator type mixer that reaches the bottom 2 feet of the tank. Drums and bins should be mixed very well before first use and weekly after that. Do not allow emulsion polymers to freeze. Should freezing occur, allow the product to thaw thoroughly in a heated area and mix well before attempting to use it. For spills of CLARIFLOC WE-2204, sprinkle vermiculite or equivalent absorbant over the spill area and sweep the material into approved chemical disposal containers. Do not spray water onto a spill because the resulting gel is very difficult to clean up. SAFETY INFORMATION CLARIFLOC WE-2204 is a mildly acidic product that can irritate the skin and eyes and should be handled accordingly. Gloves, goggles and apron are highly recommended. Anyone responsible for the procure-ment, use or disposal of this product should familiarize themselves with the appropriate safety and handling precautions involved. Such information is outlined in the POLYDYNE Material Safety Data Sheet. In the event of an emergency with this product, contact Chemtrec anytime day or night at (800) 424-9300. SHIPPING CLARIFLOC WE-2204 polymer is shipped in 55 gallon drums containing 450 pounds net or totes containing 2300 pounds net. Bulk quantities are also available. PRINCIPAL USES CLARIFLOC WE-2204 is a very high charge cationic polyacrylamide in emulsion form that is used as a flocculant in a wide variety of municipal wastewater treatment applications. It has been successfully applied in all liquid/solids separation systems including clarification, thickening, and dewatering. TYPICAL PROPERTIES Physical Form Clear to Milky White Liquid Cationicity 60 % Active Polyacrylamide Min. 35 % Freezing Point 7o F (-14o C) Density 8.5 - 8.7 lb/gal. PREPARATION AND FEEDING CLARIFLOC WE-2204 is a single component emulsion polymer that must be pre-diluted in water before use. In most cases, this product should not be applied neat. One method for dilution is adding the neat polymer into the vortex of a mixed tank at a concentration between 0.25-1.0%polymer (0.5% is optimum) by weight. The polymer can also be injected through a number of commercially available systems that provide in-line mechanical mixing. The best feed systems use initial high energy mixing (>1000 rpm) for a short time (<30 sec) to achieve good dispersion followed by low energy mixing (<400 rpm) for a longer time (10-30 min). Polymer solutions should be aged for 15-60 minutes for best results. Solution shelf life is 8-16 hours. MATERIALS OF CONSTRUCTION Cross-linked polyethylene, fiberglass, stainless steel or lined steel are the preferred materials of construction for bulk tanks. Avoid natural rubber and Buna-N gaskets as these materials swell when placed in contact with neat polymer. Unlined mild steel, black iron, galvanized steel, copper or brass are not recommended in any part of the feed system. Stainless steel, Viton or Teflon are the best choices for pump heads. For feed lines, use PVC or reinforced Tygon tubing. CLARIFLOC WE-2204 POLYMER 101 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-456 Agenda Date:6/8/2022 Version:1 Item #:10. Report regarding a resolution approving a purchase agreement with JWC Environmental Inc.not to exceed $425,000 per fiscal year for fiscal years 2022-23 through 2026-27,and authorizing the City Manager to execute the agreement on behalf of the City.(Brian Schumacker, Plant Superintendent) RECOMMENDATION Staff recommends that the City Council adopt a resolution authorizing a purchase agreement between the City of South San Francisco and JWC Environmental Inc.,for the purchase of parts to repair and refurbish sewage grinders at the Water Quality Control Plant and Sewage Pump Stations for fiscal years 2022-23 through 2026-27 in an amount not to exceed $425,000 per fiscal year and authorizing the City Manager to execute the agreement on behalf of the City of South San Francisco. BACKGROUND/DISCUSSION JWC Environmental Inc.(JWC)sewage grinders are installed at the inlets of the City’s six major sewage pumping stations,which continuously convey sewage to the Water Quality Control Plant (“Plant”).JWC sewage grinders are also installed on process equipment associated with the anaerobic digestion process at the Plant.These devices shred paper and plastic items found in the sewage streams to help prevent process pumping system failures due to clogging. Staff are requesting that purchase of JWC sewage grinders and services be authorized pursuant to the “sole source”procurement method under the South San Francisco Municipal Code.The “sole source”procurement method is used to describe instances where the products or services the City desires to obtain are available only from one vendor,and the City is procuring such product or service from that vendor instead of going through the open market procedure.South San Francisco Municipal Code 4.04.080(a)permits the City to dispense with open market procedures if a commodity can only be obtained from one vendor.JWC is an approved sole source vendor for JWC sewage grinders.No other supplier manufactures repair parts for JWC grinders.By design, redundant systems exist to accommodate these rebuilds,and spare sewage grinder units are alternated from inventory annually. JWC annually refurbishes the Plant’s sewage grinders at their Santa Ana,California repair facility,which is a service offered at a parts only reduced cost.If the Water Quality Control Plant ordered the repair parts and performed the work in-house,the City would be charged the same amount as if the units were shipped to JWC and repaired by their technicians.JWC pays prevailing wage rates;however,no itemized charges for labor are associated with JWC’s repair of the City’s sewage grinders at their Santa Ana facility.Therefore,having JWC complete the grinder refurbishments frees Plant staff to perform other maintenance tasks.Additionally,work done at the JWC facility comes with a one-year warranty,which would not be available if the work was City of South San Francisco Printed on 6/3/2022Page 1 of 2 powered by Legistar™102 File #:22-456 Agenda Date:6/8/2022 Version:1 Item #:10. performed by City staff. JWC disassembles and inspects each unit.Refurbishment cost varies depending on the size and type of grinder and the parts that need replacement, typical cost is inclusive of freight and exclusive of taxes. RELATIONSHIP TO STRATEGIC PLAN The City of South San Francisco promotes public health and environmental stewardship.Continuing to fund wastewater infrastructure maintenance positively affects the quality of life for South San Francisco residents, businesses, and visitors by protecting public health and safety. FUNDING Funding of $425,000 per year for the maintenance and service of sewage grinders will be included in the Water Quality Control Plant’s annual operating budgets for fiscal years 2022-23 through 2026-27. CONCLUSION JWC Environmental Inc (JWC)sewage grinders are installed at the inlets of the City’s six major Sewage Pump Stations.JWC grinders are also installed on process equipment associated with the anaerobic digestion process at the Treatment Plant,which help prevent process pumping system failures due to clogging.Staff recommends approving a purchase agreement in an amount not to exceed $425,000 per fiscal year for fiscal years 2022-23 through 2026-27 with JWC Environmental Inc,to keep critical Plant and sewer collection infrastructure operating reliably, and authorizing the City Manager to execute the purchase agreement on behalf of the City. City of South San Francisco Printed on 6/3/2022Page 2 of 2 powered by Legistar™103 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-457 Agenda Date:6/8/2022 Version:1 Item #:10a. Resolution approving a purchase agreement with JWC Environmental Inc,for the purchase of parts to repair and refurbish sewage grinders at the Water Quality Control Plant and Sewage Pump Stations for fiscal years 2022-23 through 2026-27 in an amount not to exceed $425,000 per fiscal year and authorizing the City Manager to execute the agreement on behalf of the City of South San Francisco WHEREAS, the Water Quality Control Plant (WQCP) and Sewage Pump Stations have sewage grinders installed at the Treatment Plant and six major Sewage Pump Stations; and WHEREAS, repairs and refurbishing of the sewage grinders are required to prevent pumps from clogging and failing; and WHEREAS, California Public Contract Code Section 3400(b) permits general law cities to suspend competitive bidding and to make sole source purchases of products or equipment in order to match other products in use on a particular public improvement, either completed or in the course of completion, or to obtain a necessary item that is only available from one source; and WHEREAS, South San Francisco Municipal Code subsection (a) of Section 4.04.080 permits the City to dispense with open market procedures if a commodity can only be obtained from one vendor; and WHEREAS, staff has confirmed that JWC Environmental Inc, is the sole source vendor of the JWC sewage grinders and parts, as no other suppliers manufacture parts for JWC grinders; and WHEREAS, City Council desires to approve a purchase agreement (“Exhibit A”) between the City of South San Francisco and JWC Environmental Inc, for the purchase of parts to repair and refurbish sewage grinders at the Water Quality Control Plant and Sewage Pump Stations for fiscal years 2022-23 through 2026-27 in an amount not to exceed $425,000 per fiscal year and authorize the City Manager to execute said agreement; and WHEREAS, funding for the service is included in the City of South San Francisco’s WQCP operating budget. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of South San Francisco that the City Council hereby approves a purchase agreement with JWC Environmental Inc, to purchase parts to repair and refurbish the sewage grinders at the Water Quality Control Plant and Sewage Pump Stations for fiscal years 2022-23 through 2026-27 in an amount not to exceed $425,000 per fiscal year, attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City Council authorizes the City Manager to execute the purchase agreement on behalf of the City upon timely submission by JWC Environmental Inc,of the signed agreement and all other documents, subject to approval as to form by the City Attorney. BE IT FURTHER RESOLVED that the City Manager is authorized to execute any related documents,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,and subject to approval as to form by the City of South San Francisco Printed on 6/9/2022Page 1 of 2 powered by Legistar™104 File #:22-457 Agenda Date:6/8/2022 Version:1 Item #:10a. City Attorney. ***** City of South San Francisco Printed on 6/9/2022Page 2 of 2 powered by Legistar™105 Page 1 of 4 [Rev:11/14/2016] PURCHASE AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND [JWC ENVIRONMENTAL] These terms and conditions govern the purchase of materials, supplies, and/or equipment, including any related installation, training, and/or minor services and repairs described in this Purchase Agreement (“Purchase Agreement”) by JWC Environmental (“Vendor”) for the City of South San Francisco (“City”). Vendor and City are collectively referred to in this Purchase Agreement as “the Parties.” If the Vendor selects subcontractors to execute a portion the terms of this Purchase Agreement, that subcontractor is an agent of the Vendor, and is hereby included by reference as “the Vendor.” 1. Time of Performance. This Purchase Agreement shall commence effective July 1, 2022, and shall end when Vendor has provided to the City the Products and Services described in this Purchase Agreement, and in Exhibit A (“Products” and/or “Services”). The equipment and products listed in Exhibit A must be delivered by June 30, 2027. The installation and other services set forth in Exhibit A must be completed by June 30, 2027. In the event that any of the terms of Exhibit A conflict with this Purchase Agreement, the terms of the Purchase Agreement shall prevail. 2. Description of Goods. Vendor shall perform everything required to be performed and shall provide and furnish to City with [parts, repair and refurbishment of Plant and Pump Station Sewage Grinders] and shall complete delivery F.O.B. to the City of South San Francisco on or before 365 days from the date of this Purchase Agreement in strict accordance with the specifications as established by this Purchase Agreement and Exhibit(s), which specifications are incorporated herein and made part of this Purchase Agreement. 3. Description of Purchase. The City hereby agrees to pay Vendor for the Products and/or Services with a not to exceed amount. The total compensation for Products and/or Services performed under this Purchase Agreement is not to exceed FOUR HUNDRED AND TWENTY FIVE THOUSAND DOLLARS per fiscal year ($425,000.00). The City shall pay Vendor invoices for Products and/or Services actually delivered in accordance with this Purchase Agreement. To be eligible for payment, Vendor invoices must itemize the Products and/or Services delivered and the corresponding prices in accordance with this Purchase Agreement. Payment of Vendor invoices does not constitute acceptance of Products and/or Services delivered. Prices of Products and/or Services delivered that are not in accordance with this Purchase Agreement are subject to adjustment. In no event will the prices of Products and/or Services delivered exceed that specified on this Purchase Agreement. Payments shall be subject to adjustment for defects in quality or failure of Vendor to meet terms and conditions herein and in Exhibit A. Such adjustments shall be equal to one hundred percent (100%) of City’s costs to correct such defects or Vendor’s failure to meet Purchase Agreement requirements. 4. Taxes. Vendor shall pay all applicable federal, state and local taxes, which may be chargeable against the delivery of the Products and/or Services listed herein. 5. General Warranties and Product Compliance. Vendor warrants that: (A) All Products and/or Services are as described on this Purchase Agreement conform to all drawings, samples, descriptions and specifications contained in Exhibit A; (B) All Products and/or Services delivered are new and of good merchantable quality, free from material defects of workmanship and fit for the purpose for which sold or provided; (C) Vendor has good title to all Products delivered and all Products delivered are free from liens and other encumbrances; and (D) Vendor's delivery and installation of the Products and/or Services will be in strict conformity with all applicable local, state, and federal laws. For purposes of this warranty, any Products or components not meeting the foregoing quality shall be deemed defective. The foregoing warranty provisions shall also be applicable to equipment or materials provided by a third party entity to Vendor via this Purchase Agreement. Vendor also expressly warrants and guarantees, for [one year] that the Products and/or Services furnished by it to City shall be free from breakage or defects of material and workmanship under normal use, service and maintenance from the date of acceptance of the City, and expressly agrees to repair or replace Products and/or Services or any part thereof which proves defective as a result of inferior or defective materials, equipment or workmanship. If within the period stated above, any repairs or replacements in connection with the Products and/or Services are, in the opinion of the City, rendered necessary as a result of the use of inferior or defective materials, equipment or workmanship, Vendor agrees on receipt of notice from City and without expense to the City, for freight, parts or labor, to properly repair, replace or correct any and all such defects therein. If Vendor, after such notice, fails to proceed promptly with the terms of this warranty and guarantee, the City may perform the work necessary to effectuate such corrections, repairs and replacements, and recover the cost thereof from Vendor. 106 Page 2 of 4 [Rev:11/14/2016] 6. Damage to City Facilities. Damage to City or public facilities or private property caused by the Vendor or by its subcontractors during delivery or installation shall be repaired and/or replaced in kind at no cost to the City. 7. Site Safety and Cleanup. The delivery and installation site shall be kept clean and free of hazards at all times during installation. After installation is completed at the site, Vendor shall clean the surrounding area to the condition prior to installation. 8. Final Inspection and Work Acceptance. Finished installation work and/or equipment shall be subject to final inspection and acceptance or rejection by the City. 9. Indemnity. To the fullest extent permitted by law, Vendor 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 the delivery and installation of the Products and/or Services described on this Purchase Agreement or Vendor’s failure to comply with this Purchase Agreement, except such Liability caused by the gross negligence or willful misconduct of the City Indemnitees. 10. Insurance. Before beginning any installation work and continuing throughout the term of this Purchase Agreement, Vendor, at its sole cost and expense, furnish the City with certificates of insurance evidencing that Contractor has obtained and maintains insurance in the following amounts: A. Workers’ Compensation that satisfies the minimum statutory limits. B. Commercial General Liability and Property Damage Insurance in an amount not less than ONE MILLION DOLLARS ($1,000,000) combined single limit per occurrence, TWO MILLION DOLLARS ($2,000,000) annual aggregate, for bodily injury, property damage, products, completed operations and contractual liability coverage. The policy shall also include coverage for liability arising out of the use and operation of any City-owned or City-furnished equipment used or operated by the Vendor, its personnel, agents or subcontractors. C. Comprehensive automobile insurance in an amount not less than ONE MILLION DOLLARS ($1,000,000) per occurrence for bodily injury and property damage including coverage for owned and non-owned vehicles. All insurance policies shall be written on an occurrence basis and shall name the City Indemnitees as additional insureds with any City insurance shall be secondary and in excess to Vendor’s insurance. If the Vendor’s insurance policy includes a self-insured retention that must be paid by a named insured as a precondition of the insurer’s liability, or which has the effect of providing that payments of the self-insured retention by others, including additional insureds or insurers do not serve to satisfy the self-insured retention, such provisions must be modified by special endorsement so as to not apply to the additional insured coverage required by this agreement so as to not prevent any of the parties to this agreement from satisfying or paying the self-insured retention required to be paid as a precondition to the insurer’s liability. Additionally, the certificates of insurance must note whether the policy does or does not include any self- insured retention and also must disclose the deductible. The City Risk Manager, in writing, may approve a variation in the foregoing insurance requirements. A valid and executed approval by Risk Manager must accompany this Purchase Agreement for a variation to be binding. 11. Prevailing Wage. Where applicable, the wages to be paid for a day's work to all classes of laborers, workmen, or mechanics on the work contemplated by this Purchase Agreement, shall be not less than the prevailing rate for a day’s work in the same trade or occupation in the locality within the state where the work hereby contemplates to be performed as determined by the Director of Industrial Relations pursuant to the Director’s authority under Labor Code Section 1770, et seq. Each laborer, worker or mechanic employed by Vendor or by any subcontractor shall receive the wages herein provided for. The Vendor shall pay two hundred dollars ($200), or whatever amount may be set by Labor Code Section 1775, as may be amended, per day penalty for each worker paid less than prevailing rate of per diem wages. The difference between the prevailing rate of per diem wages and the wage paid to each worker shall be paid by the Vendor to each worker. An error on the part of an awarding body does not relieve the Vendor from responsibility for payment of the prevailing rate of per diem wages and penalties pursuant to Labor Code Sections 1770-1775. The City will not recognize any claim for additional compensation because of the payment by the Vendor for any wage rate in excess of prevailing wage rate set forth. The possibility of wage increases is one of the elements to be considered by the Vendor. 107 Page 3 of 4 [Rev:11/14/2016] A. Posting of Schedule of Prevailing Wage Rates and Deductions. If the schedule of prevailing wage rates is not attached hereto pursuant to Labor Code Section 1773.2, the Vendor shall post at appropriate conspicuous points at the site of the project a schedule showing all determined prevailing wage rates for the various classes of laborers and mechanics to be engaged in work on the project under this contract and all deductions, if any, required by law to be made from unpaid wages actually earned by the laborers and mechanics so engaged. B. Payroll Records. Each Vendor and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the Vendor in connection with the public work. Such records shall be certified and submitted weekly as required by Labor Code Section 1776. 12. Payment of Employment Taxes; Tax Withholding. Vendor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. To be exempt from tax withholding, Vendor must provide City with a valid California Franchise Tax Board form 590 (“Form 590”), as may be amended and such Form 590 shall be attached hereto and incorporated herein as Exhibit B. Unless Vendor 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 Vendor as required by law. Vendor 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. Vendor accepts sole responsibility for withholding taxes from any non-California resident subcontractor and shall submit written documentation of compliance with Vendor’s withholding duty to City upon request. 13. Termination. In addition to all other legal and equitable rights of the City, the City may terminate this Purchase Agreement upon notice to the Vendor. If the City terminates this Purchase Agreement, the City will pay the Vendor for Products and/or Services accepted in accordance with this Purchase Agreement prior to the date of termination. 14. Prevailing Party. In the event that either party to this Purchase Agreement commences any legal action or proceeding (including but not limited to arbitration) to interpret the terms of this Purchase Agreement, the prevailing party in such a proceeding shall be entitled to recover its reasonable attorney’s fees associated with that legal action or proceeding. 15. Notice. All notices and other communications which are required or may be given under this Agreement shall be in writing and shall be deemed to have been duly given (i) when received if personally delivered; (ii) when received if transmitted by telecopy, if received during normal business hours on a business day (or if not, the next business day after delivery) provided that such facsimile is legible and that at the time such facsimile is sent the sending Party receives written confirmation of receipt; (iii) if sent for next day delivery to a domestic address by recognized overnight delivery service (e.g., Federal Express); and (iv) upon receipt, if sent by certified or registered mail, return receipt requested. In each case notice shall be sent to the respective Parties as follows: Vendor: JWC Environmental 2850 S. Red Hill Ave, Ste 125 Santo Ana, CA 92705 City: City Clerk City of South San Francisco 400 Grand Avenue South San Francisco, CA 94080 16. Assignment, Governing Law. The Vendor may not assign any of Vendor's obligations under this Purchase Agreement without the City’s prior written approval. This Purchase Agreement is governed by California law. The jurisdiction for any litigation arising from this Purchase Agreement shall be in the state of California, and shall be venued in the County of San Mateo. 17. Severability. If any portion of this Purchase Agreement is held invalid, the Parties agree that such invalidity shall not affect the validity of the remaining portions of this Purchase Agreement. 18. Entire Agreement. This Agreement represents the entire and integrated agreement between the Parties. This Purchase Agreement may be modified or amended only by a subsequent written agreement signed by both Parties. 108 Page 4 of 4 [Rev:11/14/2016] 19. Execution in Counterpart. This Agreement may be executed in counterparts and/or by facsimile or other electronic means, and when each Party has signed and delivered at least one such counterpart, each counterpart shall be deemed an original, and, when taken together with other signed counterpart, shall constitute one Agreement, which shall be binding upon and effective as to all Parties. CITY OF SOUTH SAN FRANCISCO VENDOR A Municipal Corporation By:___________________________ By:___________________________ Mike Futrell, City Manager [Name], Authorized Rep Approved as to Form: __________________________ City Attorney 2729963.1 109 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-459 Agenda Date:6/8/2022 Version:1 Item #:11. Report regarding a resolution approving a services agreement with Peterson Power Systems of San Leandro, California for the maintenance and repair of the Emergency Standby Generators,480V Utility/Generator Paralleling Switchgear,and the Cogeneration Engine Generator at the Water Quality Control Plant (WQCP)and Sewage Pump Stations not to exceed $350,000 per year for fiscal years 2022-23 through 2026-27.(Brian Schumacker, Water Quality Control Plant Superintendent) RECOMMENDATION Staff recommends that the City Council adopt a resolution authorizing a services agreement between the City of South San Francisco and Peterson Power Systems of San Leandro,California for the service and repair of the emergency standby generators,480V Utility/Generator Paralleling Switchgear,and the Cogeneration Engine Generator at the Water Quality Control Plant and Sewage Pump Stations for fiscal years 2022-23 through 2026-27 in an amount not to exceed $350,000 per fiscal year,authorizing the City Manager to execute the agreement on behalf of the City of South San Francisco. BACKGROUND/DISCUSSION The Water Quality Control Plant has two Caterpillar (CAT)emergency standby generators with a combined Kilowatt (KW)output of 3,500KW,synchronized to a Caterpillar Intelligent Switchgear Organization (Cat ISO)utility generator paralleling switchgear.This complex and essential equipment ensures the treatment plant remains fully functional during periods of utility power interruption. The Water Quality Control Plant (WQCP)also generates electricity using a renewable biogas Waukesha cogeneration engine generator. This engine generator offsets utility power costs up to 25% per year. In addition to the WQCP’s emergency standby generators,Sewage Pump Station Two on Gateway Boulevard, has a 100KW Caterpillar emergency standby generator which was installed as part of a Capital Improvement Project (CIP) to rehabilitate the aging facility and was commissioned in 2021. To keep these complex systems operating at their optimum design,they must be serviced and maintained by factory certified mechanics with specialized training,equipment,and expertise.The City has utilized the services of Power Generation and Engine Service and Repair providers for the maintenance services on the WQCP emergency standby generator and cogeneration generators in the past.WQCP staff has considered hiring an emergency standby generator and switchgear mechanic to perform this work.Unfortunately,the proposed salary schedule for public sector workers with this skill set falls significantly below salaries available to private sector mechanics.Also,the required facilities,tools,and machine equipment required to keep these engines and switchgears operational are cost prohibitive. City of South San Francisco Printed on 6/3/2022Page 1 of 2 powered by Legistar™110 File #:22-459 Agenda Date:6/8/2022 Version:1 Item #:11. Peterson Power Systems is a Power Generation and Engine Service and Repair service provider based in San Leandro,California.They are the sole source provider of Caterpillar equipment on the West Coast and their staff is experienced with all aspects of Caterpillar engine generators and CAT ISO switchgears.Peterson Power Systems are the authorized Waukesha Pearce Industries (WPI)representative for North America.They provide 24-hour emergency response capabilities. They are qualified and responsive. RELATIONSHIP TO STRATEGIC PLAN The City of South San Francisco promotes public health and environmental stewardship.Continuing to fund wastewater infrastructure maintenance positively affects the quality of life for South San Francisco residents, businesses and visitors by protecting public health and safety. FUNDING Funding of $350,000 per year for the for the service and repair of Emergency Standby Generators,480V Utility/Generator Paralleling Switchgear and the Cogeneration Engine Generator will be included in the Water Quality Control Plant’s annual operating budgets for fiscal years 2022-23 through 2026-27. CONCLUSION Peterson Power Systems are the sole source provider for Caterpillar Emergency Standby Generators,480V Utility/Generator Paralleling Switchgear and the Waukesha Cogeneration Engine Generator at the Water Quality Control Plant and Sewage Pump Stations.Staff recommends approving a services agreement in an amount not to exceed $350,000 per fiscal year for fiscal years 2022-23 through 2026-27 with Peterson Power Systems, to keep critical power supply system’s operating reliably. City of South San Francisco Printed on 6/3/2022Page 2 of 2 powered by Legistar™111 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-460 Agenda Date:6/8/2022 Version:1 Item #:11a. Resolution approving a services agreement with Peterson Power Systems of San Leandro,California,for the maintenance and repair of the Emergency Standby Generators,480V Utility/Generator Paralleling Switchgear and Cogeneration Engine Generator at the Water Quality Control Plant and Pump Stations for fiscal years 2022- 23 through 2026-27 in an amount not to exceed $350,000 per fiscal year and authorizing the City Manager to execute the agreement on behalf of the City of South San Francisco. WHEREAS,the Water Quality Control Plant (WQCP)and Pump Stations requires reliable and sustainable operation of sophisticated Emergency Standby Generators,480V Utility/Generator Paralleling Switchgears and the Cogeneration Engine Generator WHEREAS,service and repair of Emergency Standby Generators,Switchgears and Cogeneration Generators is required in order to maintain compliance with federal and state discharge permits; and WHEREAS,California Public Contract Code Section 3400(b)permits general law cities to suspend competitive bidding and to make sole source purchases of products or equipment in order to match other products in use on a particular public improvement,either completed or in the course of completion,or to obtain a necessary item that is only available from one source; and WHEREAS,South San Francisco Municipal Code subsection (a)of Section 4.04.080 permits the City to dispense with open market procedures if a commodity can only be obtained from one vendor; and WHEREAS,staff has confirmed that Peterson Power Systems is the sole source vendor of Caterpillar Emergency Standby Generators and WPI Waukesha co-generation units; and WHEREAS,City staff recommends that the City Council approve a purchase agreement (“Exhibit A”)between the City of South San Francisco and Peterson Power Systems,for the service and repair to the Water Quality City of South San Francisco Printed on 6/9/2022Page 1 of 2 powered by Legistar™112 File #:22-460 Agenda Date:6/8/2022 Version:1 Item #:11a. the City of South San Francisco and Peterson Power Systems,for the service and repair to the Water Quality Control Plant and Sewage Pump Station Emergency Standby Generators for fiscal years 2022-23 through 2026- 27 in an amount not to exceed $350,000 per fiscal year and authorize the City Manager to execute said agreement; and WHEREAS, funding for the service is included in the approved WQCP’s operation and maintenance budget. NOW,THEREFORE,BE IT RESOLVED,by the City Council of the City of South San Francisco that the City Council hereby approves a services agreement for the Emergency Standby Generators,480V Utility/Generator Paralleling Switchgear and Cogeneration Engine Generator services with Peterson Power Systems for fiscal years 2022-23 through 2026-27 in an amount not to exceed $350,000 per year for three years,attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City Council authorizes the City Manager to execute the services agreement on behalf of the City upon timely submission by Peterson Power Systems of the signed contract and all other documents, subject to approval as to form by the City Attorney. BE IT FURTHER RESOLVED,that the City Manager is authorized to execute any related documents,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,and subject to approval as to form by the City Attorney. ***** City of South San Francisco Printed on 6/9/2022Page 2 of 2 powered by Legistar™113 Short Form Services Agreement [Rev:11/14/2016] 1 SOUTH SAN FRANCISCO SERVICES AGREEMENT This Services Agreement (this “Agreement”) is made and entered into between the City of South San Francisco, a municipal corporation (“City”) and Peterson Power Systems, Inc., (“Consultant”) effective as of July 01, 2022 (the “Effective Date”). City and Consultant are hereinafter collectively referred to as (the “Parties”). In consideration of their mutual covenants, the Parties hereby agree as follows: 1. Scope of Services. Consultant shall provide the following services and/or materials (“the Work”): Maintenance and Repairs to Plant and Pump Station Caterpillar Standby Back-up Generators and Waukesha Cogeneration Unit. Service to CAT Switch Boards K & K3, Automatic Transfer Switches and Waukesha Generator Synchronization Control Panel, as more specifically described in the Scope of Services, attached hereto as Exhibit A. The Work shall commence on July 01, 2022 and shall be completed to the satisfaction of the City by June 30, 2027 unless such date is extended or otherwise modified by the City in writing. In the event of a conflict or inconsistency between the text of the main body of this Agreement and Exhibit A, the text of the main body of this Agreement shall prevail. 2. Payment. City shall pay Consultant an amount not to exceed: THREE HUNDRED AND FIFTY THOUSAND DOLLARS ($350,000) for the full and satisfactory completion of the Work in accordance with the terms and conditions of this Agreement. The calculation of payment for the Work shall be set forth as follows: Labor rates as per EXHIBIT A (attached hereto); Cost of parts and materials required to complete repairs shall be quoted by Contractor and approved by the City in advance of work. The amount stated above is the entire compensation payable to Consultant for the Work performed hereunder, including all labor, materials, tools, and equipment furnished by Consultant. City shall make payments, based on invoices received, for Work satisfactorily performed. City shall have thirty (30) days from the receipt of an invoice to pay Consultant. 3. Independent Contractor. It is understood and agreed that this Agreement is not a contract of employment and does not create an employer-employee relationship between the City and Consultant. At all times Consultant shall be an independent contractor and City shall not control the manner of Consultant accomplishing the Work. Consultant is not authorized to bind the City to any contracts or other obligations without the express written consent of the City. 4. Indemnification. To the fullest extent permitted by law, Consultant shall indemnify, defend (with counsel selected by Consultant and approved by the City, whose approve shall not be unreasonably withheld), 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 Consultant’s performance of the Work or Consultant’s failure to comply with this Agreement, except such Liability caused by the gross negligence or willful misconduct of the City Indemnitees. City Attorney’s initials [ ] 5. Insurance. Prior to beginning the Work and continuing throughout the term of this Agreement, Consultant (and any subcontractors) shall, at Consultant’s (or subcontractor’s) sole cost and expense, furnish the City with certificates of insurance evidencing that Consultant has obtained and maintains insurance in the following amounts: A. Workers’ Compensation that satisfies the minimum statutory limits. 114 Short Form Services Agreement [Rev:11/14/2016] 2 B. Commercial General Liability and Property Damage Insurance in an amount not less than ONE MILLION DOLLARS ($1,000,000) combined single limit per occurrence, TWO MILLION DOLLARS ($2,000,000) annual aggregate, for bodily injury, property damage, products, completed operations and contractual liability coverage. The policy shall also include coverage for liability arising out of the use and operation of any City-owned or City-furnished equipment used or operated by the Consultant, its personnel, agents, or subcontractors. C. Comprehensive automobile insurance in an amount not less than ONE MILLION DOLLARS ($1,000,000) per occurrence for bodily injury and property damage including coverage for owned and non-owned vehicles. All insurance policies shall be written on an occurrence basis and shall name the City Indemnitees as additional insureds with any City insurance shall be secondary and in excess to Consultant’s insurance. If the Consultant’s insurance policy includes a self-insured retention that must be paid by a named insured as a precondition of the insurer’s liability, or which has the effect of providing that payments of the self-insured retention by others, including additional insureds or insurers do not serve to satisfy the self-insured retention, such provisions must be modified by special endorsement so as to not apply to the additional insured coverage required by this agreement so as to not prevent any of the parties to this agreement from satisfying or paying the self-insured retention required to be paid as a precondition to the insurer’s liability. Additionally, the certificates of insurance must note whether the policy does or does not include any self-insured retention and also must disclose the deductible. The certificates shall contain a statement of obligation on the part of the carrier to notify City of any material change, cancellation, termination or non-renewal of the coverage at least thirty (30) days in advance of the effective date of any such material change, cancellation, termination or non-renewal. The City’s Risk Manager may waive or modify any of the insurance requirements of this section. 6. Compliance with all Applicable Laws; Nondiscrimination. Consultant shall comply with all applicable local, state and federal laws, regulations and ordinances in the performance of this Agreement. Consultant 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. 7. Termination. City may terminate or suspend this Agreement at any time and without cause upon written notification to Consultant. Upon receipt of notice of termination or suspension, Consultant shall immediately stop all work in progress under this Agreement. The City's right of termination shall be in addition to all other remedies available under law to the City. 8. Prevailing Wage. Where applicable, the wages to be paid for a day's work to all classes of laborers, workmen, or mechanics on the work contemplated by this Purchase Agreement, shall be not less than the prevailing rate for a day’s work in the same trade or occupation in the locality within the state where the work hereby contemplates to be performed as determined by the Director of Industrial Relations pursuant to the Director’s authority under Labor Code Section 1770, et seq. Each laborer, worker or mechanic employed by Consultant or by any subcontractor shall receive the wages herein provided for. The Consultant shall pay two hundred dollars ($200), or whatever amount may be set by Labor Code Section 1775, as may be amended, per day penalty for each worker paid less than prevailing rate of per diem wages. The difference between the prevailing rate of per diem wages and the wage paid to each worker shall be paid by the Consultant to each worker. An error on the part of an awarding body does not relieve the Consultant from responsibility for payment of the prevailing rate of per diem wages and penalties pursuant to Labor Code Sections 1770-1775. The 115 Short Form Services Agreement [Rev:11/14/2016] 3 City will not recognize any claim for additional compensation because of the payment by the Consultant for any wage rate in excess of prevailing wage rate set forth. The possibility of wage increases is one of the elements to be considered by the Consultant. (A) Posting of Schedule of Prevailing Wage Rates and Deductions. If the schedule of prevailing wage rates is not attached hereto pursuant to Labor Code Section 1773.2, the Consultant shall post at appropriate conspicuous points at the site of the project a schedule showing all determined prevailing wage rates for the various classes of laborers and mechanics to be engaged in work on the project under this contract and all deductions, if any, required by law to be made from unpaid wages actually earned by the laborers and mechanics so engaged. (B) Payroll Records. Each Consultant and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the Consultant in connection with the public work. Such records shall be certified and submitted weekly as required by Labor Code Section 1776. 9. Payment of Taxes; Tax Withholding. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. To be exempt from tax withholding, Consultant must provide City with a valid California Franchise Tax Board form 590 (“Form 590”), as may be amended and such Form 590 shall be attached hereto and incorporated herein as Exhibit ____. Unless Consultant provides City with a valid Form 590 or other valid, written evidence of an exemption or waiver from withholding, City may withhold California taxes from payments to Consultant as required by law. Consultant shall obtain and maintain on file for three (3) years after the termination of this Agreement, Form 590s (or other written evidence of exemptions or waivers) from all subcontractors. Consultant accepts sole responsibility for withholding taxes from any non-California resident subcontractor and shall submit written documentation of compliance with Consultant’s withholding duty to City upon request. 10. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 11. Entire Agreement. This Agreement represents the entire and integrated agreement between the Parties. This Agreement may be modified or amended only by a subsequent written agreement signed by both Parties. 12. Non-Liability of Officials, Employees and Agents. No officer, official, employee or agent of City shall be personally liable to Consultant in the event of any default or breach by City or for any amount which may become due to Consultant pursuant to this Agreement. 13. Prevailing Party. In the event that either party to this Agreement commences any legal action or proceeding (including but not limited to arbitration) to interpret the terms of this Agreement, the prevailing party in such a proceeding shall be entitled to recover its reasonable attorney’s fees associated with that legal action or proceeding. 14. Notice. All notices and other communications which are required or may be given under this Agreement shall be in writing and shall be deemed to have been duly given (i) when received if personally delivered; (ii) when received if transmitted by telecopy, if received during normal business hours on a business day (or if not, the next business day after delivery) provided that such facsimile is legible and that at the time such facsimile is sent the sending Party receives written confirmation of receipt; (iii) if sent for next day delivery to a domestic address by recognized overnight delivery service 116 Short Form Services Agreement [Rev:11/14/2016] 4 (e.g., Federal Express); and (iv) upon receipt, if sent by certified or registered mail, return receipt requested. In each case notice shall be sent to the respective Parties as follows: Consultant: Peterson Power Systems, Inc. 2828 Teagarden Street San Leandro, CA 94577 City: City Clerk City of South San Francisco 400 Grand Avenue South San Francisco, CA 94080 15. Execution in Counterpart. This Agreement may be executed in counterparts and/or by facsimile or other electronic means, and when each Party has signed and delivered at least one such counterpart, each counterpart shall be deemed an original, and, when taken together with other signed counterpart, shall constitute one Agreement, which shall be binding upon and effective as to all Parties. 16. Assignment, Governing Law. The Consultant may not assign any of Consultant’s obligations under this Agreement without the City’s prior written approval. This Agreement is governed by California law. The jurisdiction for any litigation arising from this Agreement shall be in the state of California, and shall be venued in the County of San Mateo. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date written above. CITY: CONSULTANT: By: _____________________________ By:__________________________ Mike Futrell, City Manager Print Name: ___________________ Title: _______________________ APPROVED AS TO FORM: ____________________________ City Attorney 2729961.1 117 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-423 Agenda Date:6/8/2022 Version:1 Item #:12. Report regarding a resolution to adopt The 2022 Child Care Master Plan for South San Francisco:A Plan for 2020-2030. (Greg Mediati, Director of Parks and Recreation) RECOMMENDATION Recommendation It is recommended that the City Council adopt a resolution to approve The 2022 Child Care Master Plan for South San Francisco: A Plan for 2020-2030. BACKGROUND/DISCUSSION Understanding the need to plan for the near,mid-term and long-term child care needs of residents and employers,in fiscal year 2021-22 the City Council authorized funding to develop a Child Care Master Plan (CCMP).The purpose of the master plan is to improve and expand the reach,quality,and impact of early childhood education programs,child care,and youth services for South San Francisco residents.The Master Plan will be used as a resource for guiding future operations,priorities and the development and location of child care programs through 2030. In May 2021,Parks and Recreation staff selected a consultant,Kathleen White,to assist staff in crafting a comprehensive Child Care Master Plan.Ms.White has spent decades studying and working in the education and child care field,most recently serving as a faculty member and department chair for the Child Development and Family Studies Department at City College of San Francisco.She has worked at both Skyline College and Cañada College,at the Child Care Coordinating Council of San Mateo County,and years prior,at the South San Francisco Parks and Recreation Department in preschool services. Project methodology included utilizing a mixed method of quantitative data analysis and qualitative findings to develop comprehensive recommendations.Assessing local needs by conducting two community constituent surveys,inventorying,mapping child care programs within the city,and reviewing population projections,child care utilization patterns,and current economic factors led to resource recommendations.Incorporating recent research,local and regional publications,and interviewing key child care community leaders allowed for qualitative findings that supported conclusions.Ensuring alignment with the SHAPE SSF General Plan and the aligned rollout were considered.A CCMP leadership team within the City met regularly to guide priorities and clarify current practices.Recommendations range from policies and practices for City departments,to the formation of workforce development pipelines, to facilities and community expansion guidelines. The COVID-19 pandemic created additional challenges.The child care sector was significantly disrupted starting in March 2020 and has yet to fully recover.Significant funding opportunities that coincide with a workforce crisis in the early childhood education sector continues to impact the ability to respond to opportunities. On March 15,2022,staff and Ms.White met with the Parks and Recreation Commission’s Child Care Master Plan subcommittee to review a draft executive summary and presentation materials and receive feedback.On March 16,2022,staff and Ms.White presented the same materials at a Special City Council meeting to receiveCity of South San Francisco Printed on 6/3/2022Page 1 of 3 powered by Legistar™118 File #:22-423 Agenda Date:6/8/2022 Version:1 Item #:12. March 16,2022,staff and Ms.White presented the same materials at a Special City Council meeting to receive feedback.Ms.White incorporated all the relevant feedback into a first draft of the master plan that was shared with staff and the Parks and Recreation Child Care Master Plan subcommittee on April 1,2022.Subcommittee member comments have been incorporated into an updated draft version. Staff reviewed the draft Child Care Master Plan including key findings,survey results,draft recommendations, and subcommittee comments for the Commission’s feedback.On April 19,2022,the Parks and Recreation Commission approved the plan.The resulting improvements have been incorporated into the final draft of the Child Care Master Plan,which is being presented to City Council at this time for review and approval.A copy of the draft plan is posted on the City’s website,and may be accessed at www.ssf.net/childcareplan.Printed copies of the plan are also available upon request. This plan arrives at a time of great promise and possibility.Significant federal,state,county,and local funds will continue to be available through 2025 and beyond,as California ramps up efforts to implement Transitional Kindergarten (Universal TK)for all four-year-olds and income eligible three-year-olds.These efforts also provide for a significant expansion of extended learning (after school)program funding and expand workforce development efforts, specifically prioritizing the education sector. Research strongly shows the importance of a quality early education and out-of-school time learning and socialization experiences for children.Children who receive high-quality early care and education experiences are more likely to have advanced language,academic,and social skills.School-age children participating in high-quality out-of-school time programs also tend to have positive outcomes,including improved academic performance,work habits,and study skills.The availability of high-quality early care and education programs supports the economic success of families and of our city.Early care and education are an important economic driver.In light of these important social and economic benefits,ensuring availability,equity,affordability,and quality is critical for a vibrant and diverse city. The draft document includes many recommendations; some of the key recommendations include the following: -Formation of a Joint Advisory Child Care Committee with representatives from the City of South San Francisco,South San Francisco Unified School District,non-profit child care providers,and private child care providers; -Establishment of workforce pipelines to help address a critical shortage of qualified child care staff; -Augmentation of child care information available on the City’s website; -Stabilization of existing child care providers; -Implementation of specific recommendations internal to City departments,including Parks and Recreation, Human Resources, and Economic and Community Development; -Expansion of services identified as a priority,including school-age,subsidy,and Transitional Kindergarten; -Location of expanded services in the Westborough and Downtown neighborhoods; -Renewal of a cooperative memorandum of understanding (MOU)with the South San Francisco Unified School District (SSFUSD) related to the provision of child care services; -Collaboration between the City of South San Francisco,SSFUSD,and other providers to maximize funding opportunities for the residents of South San Francisco; and -Re-evaluation and update of the Child Care Master Plan annually. It will be critical that,if approved,this plan be implemented thoughtfully and collaboratively in South San Francisco and that the recommendations be supported.The Child Care Master Plan expands on elements noted City of South San Francisco Printed on 6/3/2022Page 2 of 3 powered by Legistar™119 File #:22-423 Agenda Date:6/8/2022 Version:1 Item #:12. Francisco and that the recommendations be supported.The Child Care Master Plan expands on elements noted in the SHAPE SSF General Plan and the recommendations related to child care are cross-referenced and further described.The prioritization of child care has been elevated within San Mateo County.Ensuring that efforts are aligned and funding opportunities are maximized will result in improved outcomes for South San Francisco’s children and families. FISCAL IMPACT This project is funded by the general fund and is included in the City of South San Francisco’s Fiscal Year 2021 -22 operating budget with $100,000 allocated to cover the project cost.To date,41%of the allocated amount has been expended towards the development and production of the plan and there will be budgeted savings at completion. Should the City choose to expand child care services,with a participant rate that is less than the amount that would be required to fully cover all operational costs, there would be an impact on the City’s general fund. RELATIONSHIP TO STRATEGIC PLAN The creation and implementation of a Child Care Master Plan addresses several priority areas of the Strategic Plan,including Quality of Life,Community Connections,and Economic Vitality by supporting families who must work outside the home while their children receive quality care. CONCLUSION It is recommended that the City Council adopt a resolution approving the City of South San Francisco Child Care Master Plan,which is designed to promote the quality and available of child care services for residents, through 2030. Attachment 1: Child Care Master Plan Presentation Attachment 2: Child Care Master Plan Weblink City of South San Francisco Printed on 6/3/2022Page 3 of 3 powered by Legistar™120 Child CareMaster Plan A PLAN FOR 2020–2030 THE 2022 SOUTH SAN FRANCISCO Prepared by Kathleen White, Child Care Consultant City of South San Francisco childcareplan@ssf.net https://www.ssf.net/childcareplan 121 SSF was the first city in San Mateo County to implement child care developer fees in 2001 (updated in 2020) and included child care in the 1999 General Plan The updated General Plan (SHAPE SSF), has been coordinated with the SSF CCMP and includes multiple references to child care First city in San Mateo County to complete a Child Care Master Plan 6/8/2022 2022 Child Care Master Plan for South San Francisco 2 South San Francisco is a Leader in San Mateo County –A Family-Friendly City 122 6/8/2022 2022 Child Care Master Plan for South San Francisco 3 Cross-referenced with the SHAPE SSF General Plan 123 Workforce Needs Child Care Expansion Dependent on Workforce Availability •80% of TK-12 districts in CA report teacher shortages (STEM, SPED,TK, substitute shortages especially) •Careers in ECE and Education are part of a career continuum •The teacher shortage impacts all levels: ECE, TK, K-12 •Over the next 5 years, there are projected to be over 124,000 teacher openings annually in California •28,000 openings annually in the San Francisco Bay region •TK will need 11,000 new teachers and aides by 2025 in CA 2,500 in the SF Bay region Expansion funding in ELO-P /ASES after-school will impact staffing availability with 200,000 new staff needed in CA 40,000 in the SF Bay region 6/8/2022 2022 Child Care Master Plan for South San Francisco 4 This slide contains an image box, drag and drop image to place into box, use “crop” to adjust. This text box is not part of the template. 124 Roll-out and distribute Child Care Master Plan ›Re-introduce with SHAPE SSF launch Strengthen web resources for parents and providers ›Priority recommendation Elevate child care visibility in SSF ›Provider recognition Form Joint Advisory Committee for the Child Care Master Plan ›Ensure key participants and regular meetings Develop capacity within SSF and SSFUSD to track funding opportunities, engage in collaborative child care projects, facilities ›Explore staffing options between SSF and SSFUSD 6/8/2022 2022 Child Care Master Plan for South San Francisco 5 Next Steps for the 2022 Child Care Master Plan for South San Francisco 125 Prioritize the provision of after-school care for at least 50% of each elementary school’s population ›Priority recommendation Proactively seek available funding in 2022-2025 for program expansion, facility improvements, child care subsidies, workforce development funds, and COVID impacts Support expansion of subsidized infant and preschool spaces in SSF Ensure that TK is expanded in SSF through a collaborative process that maximizes available resources and community preschool programs Move forward with plan to meet preschool program service gaps West of El Camino Real 6/8/2022 2022 Child Care Master Plan for South San Francisco 6 Next Steps for the 2022 Child Care Master Plan for South San Francisco 126 •Ensure that Joint Use Agreement /Child Care Memorandum of Understanding between SSFUSD and SSF is in place and updated Consider sharing staffing opportunities, outreach efforts, job postings, benefit pools, career fairs, and programmatic opportunities for child care staff between SSF and SSFUSD Support implementation of CCMP Recommendations in SSF City Departments ›Human Resources ›Planning and Zoning ›Economic and Community Development ›Parks and Recreation Begin planning process for outcome of Parcel Tax Measure, “Early Care and Education for All –South San Francisco” 6/8/2022 2022 Child Care Master Plan for South San Francisco 7 Next Steps for the 2022 Child Care Master Plan for South San Francisco 127 Commit to aggressive workforce pipeline development in SSF that includes representatives from high school, City, School District, community colleges, and private providers ›“Grow our Own” efforts Explore creation of recommended incentives to support child care development East of Hwy 101 for new employees Support SSFUSD in obtaining new child care funding (barriers due to Community Funding / Basic Aid status) Begin educational, service, and child care plans for 10,000 new residents in Lindenville and east of Hwy 101 6/8/2022 2022 Child Care Master Plan for South San Francisco 8 Next Steps for the 2022 Child Care Master Plan for South San Francisco 128 Create the Joint Advisory Committee to the Child Care Master Plan (JACCCMP) The JACCCMP includes representation from City of SSF staff and City Council, SSFUSD staff and Board, parents, private providers, community groups ›Advise on plan implementation and update recommendations ›Administer surveys to parents and providers ›Advise on actions related to child care services, workforce, and facilities 6/8/2022 2022 Child Care Master Plan for South San Francisco 9 Ensuring a Living Plan 129 Supplemental Slides These slides are not part of the presentation and are being added for reference in case City Council has questions. 6/8/2022 2022 Child Care Master Plan for South San Francisco 10130 Interactive Map of SSF Child Care Facilities 6/8/2022 112022 Child Care Master Plan for South San Francisco 131 6/8/2022 2022 Child Care Master Plan for South San Francisco 12 How can the City of South San Francisco support families who are using childcare? 132 6/8/2022 2022 Child Care Master Plan for South San Francisco 13 What are your greatest child care challenges? 133 6/8/2022 2022 Child Care Master Plan for South San Francisco 14 How important is child care when choosing an elementary school? 134 Child Care Spaces in SSF2017 and 2021 202 20200625_161447_2.jpg 00625_161447_2.jpg 6/8/2022 2022 Child Care Master Plan for South San Francisco 15135 How can the city of SSF support your childcare business? 20210219_140759 6/8/2022 2022 Child Care Master Plan for South San Francisco 16136 What are your workforce challenges? Picture 6/8/2022 2022 Child Care Master Plan for South San Francisco 17137 Child CareMaster PlanFOR SOUTH SAN FRANCISCO THE 2022 A PLAN FOR 2020–2030DRAFT 138 TABLE OF CONTENTS More A Acknowledgments .............................................................................................................................................................................................................................................................4 Executive Summary ...........................................................................................................................................................................................................................................................5 SECTION 1: Introduction ........................................................................................................................................................................................9 Purpose of a Child Care Master Plan – Articulating the Vision .............................................................................................................................................................................10 Priorities, Values and Purpose – Why a Child Care Master Plan? ........................................................................................................................................................................10 A Focus on Quality Child Care – Elements of Quality ...............................................................................................................................................................................................11 Elements of the Plan Include:..........................................................................................................................................................................................................................................11 History – Looking Back, Moving Forward ....................................................................................................................................................................................................................13 SECTION 2: The Art of Assessing Child Care Needs ...................................................................................14 Art or Science? Factors Impacting Child Care Choice .............................................................................................................................................................................................15 What Families Look for in Child Care ............................................................................................................................................................................................................................16 San Mateo County Child Care Partnership Council – Child Care and Preschool Needs Assessment, 2017 Report .................................................................................17 2021 “SSF Parent/Family Survey” – Understanding the Child Care Needs of SSF Families ..........................................................................................................................24 Families with Children as an Equity Focus – Economic Needs ...............................................................................................................................................................................33 Costs, Affordability and Why Child Care is so Expensive .........................................................................................................................................................................................34 Family Data from 2022 SHAPE SSF General Plan ....................................................................................................................................................................................................36 Section 2: Recommendations for Assessing and Addressing Current and Future Child Care Needs ...........................................................................................................38 SECTION 3: Overview of SSF from a Child Care Lens ...............................................................................41 Definitions of Child Care – Regulations and Requirements ....................................................................................................................................................................................42 Understanding Landscape – Supply and Programs in 2021 ...................................................................................................................................................................................45 Types of Child Care Utilized by SSF Families ..............................................................................................................................................................................................................46 Finding Child Care for Children with Special Needs ..................................................................................................................................................................................................47 Mapping Child Care in SSF – Interactive GIS MAP ...................................................................................................................................................................................................48 City Waiting List Data for South San Francisco Parks and Recreation Department Preschool Child Care Programs, January 2022 .................................................49 Available Child Care Subsidies .......................................................................................................................................................................................................................................50 SSF Child Care Provider Survey .....................................................................................................................................................................................................................................52 Supporting Start-up – Facilities Needs and Inventory..............................................................................................................................................................................................53 Joint-Planning – SSF P&R and SSFUSD ......................................................................................................................................................................................................................57 Economic Impacts ..............................................................................................................................................................................................................................................................57 Section 3: Overview of SSF from a Child Care Lens – Recommendations for Improving Child Care Landscape in SSF ..........................................................................59 SECTION 4: The Child Care Workforce – Key to Quality Services ................................61 Central to Quality Service Delivery ...............................................................................................................................................................................................................................62 Who is the Child Care Workforce? A Sector Description ........................................................................................................................................................................................64 Compensation, Wages and the Workforce Shortage ................................................................................................................................................................................................66 South San Francisco – Labor Market Data Details ....................................................................................................................................................................................................68 Section 4: Recommendations for Addressing Child Care Workforce Shortages in South San Francisco ....................................................................................................71 2 SSF: CHILD CARE MASTER PLAN TABLE OF CONTENTS 139 TABLE OF CONTENTS SECTION 5: COVID Pandemic Impacts ....................................................................................................................................74 An Overview – Needs, Concern and a Crisis ...............................................................................................................................................................................................................75 A Local Response ...............................................................................................................................................................................................................................................................76 The “SSF Child Care Provider Survey” ..........................................................................................................................................................................................................................77 Short Term Recovery Needs............................................................................................................................................................................................................................................78 Section 5: Recommendations for Relief of COVID Pandemic Child Care Needs ...............................................................................................................................................79 SECTION 6: South San Francisco as a Family Friendly Employer ..................................81 SSF as a Family Friendly Employer ................................................................................................................................................................................................................................82 Section 6: Recommendations for Increasing Family Support for Employees .....................................................................................................................................................83 SECTION 7: Legislation, Policies and Funding – Opportunities and Challenges .................................................................................................................................................................85 Federal Funding and Legislation .....................................................................................................................................................................................................................................86 Local Policies and Funding ..............................................................................................................................................................................................................................................88 Collaborating with Community Colleges ......................................................................................................................................................................................................................89 Planning for Child Care – Origins of SSF Policies .....................................................................................................................................................................................................94 Section 7: Recommendations: Legislation, Policies and Funding ...........................................................................................................................................................................102 SECTION 8: What Will Success Look Like? ....................................................................................................................106 A Vision for Success .........................................................................................................................................................................................................................................................107 A Plan in Action – Aligning the 2022 SHAPE SSF General Plan and the 2022 Child Care Master Plan for South San Francisco ......................................................109 SHAPE SSF General Plan Recommendations – Cross Referenced with Child Care Master Plan Recommendation, Ensuring Shared Goals.....................................110 CHILD CARE MASTER Plan Recommendations – Consolidated List of All Child Care Recommendations, by Section ............................................................................113 SECTION 9: Creating a Living Plan .................................................................................................................................................130 Guiding Future Action .......................................................................................................................................................................................................................................................131 Section 9: Creating a Living Plan – Recommendation for Evaluating the SSF Child Care Master Plan .......................................................................................................132 SECTION 10: Resources ...........................................................................................................................................................................................133 COVID Pandemic Resources for the Child Care Community ..................................................................................................................................................................................134 SSF Resources ....................................................................................................................................................................................................................................................................134 San Mateo County Data, Resources and Press...........................................................................................................................................................................................................134 Other City/County Data, Resources and Press ..........................................................................................................................................................................................................135 California Data, Resources and Press ..........................................................................................................................................................................................................................136 Federal Data, Resources and Press ...............................................................................................................................................................................................................................138 3 SSF: CHILD CARE MASTER PLAN TABLE OF CONTENTS 140 ACKNOWLEDGMENTS SSF Child Care Master Plan Team Sharon Ranals, Assistant City Manager Greg Mediati, Director, Parks & Recreation Department Angela Duldulao, Recreation Manager Laura Armanino, Recreation & Community Services Supervisor Kelli Jo Cullinan, Recreation & Community Services Supervisor Kimberly Morrison, Assistant Childcare Supervisor Elected Officials Mark Nagales, Mayor, South San Francisco City Council Buenaflor Nicolas, Vice Mayor, South San Francisco City Council Mark Addiego, South San Francisco City Council James Coleman, South San Francisco City Council Eddie Flores, South San Francisco City Council David Pine, San Mateo County Supervisor, San Mateo County Child Care Planning Council David Canepa, San Mateo County Supervisor Key Leaders William Lock, Chair, South San Francisco Parks and Recreation Commission Steven Firpo, Vice Chair, South San Francisco Parks and Recreation Commission Betty Battaglia, South San Francisco Parks and Recreation Commission Brittany Burgo, South San Francisco Parks and Recreation Commission Kristy Camacho, South San Francisco Parks and Recreation Commission Ruth DeNardi, South San Francisco Parks and Recreation Commission Robert Uy, South San Francisco Parks and Recreation Commission Miriam Farouk, Office of Assembly Member Kevin Mullin City of SSF Administrators and Staff Mike Futrell, City Manager Nell Selander, Director, Economic & Community Development Department Tony Rozzi, Chief Planner, Economic & Community Development Department Billy Gross, Chief Planner, Economic & Community Development Department Leah Lockhart, Director, Human Resources Department Mich Mercado, Manager, Human Resources Department Justin Anderson, GIS Coordinator, Information Technology Department External Partners Kristen Anderson, Former Child Care Coordinator, City of Redwood City Amanda Anthony, Renaissance Center Jason Brockmeyer, South San Francisco Unified School District Pamela Campos, Build Up for San Mateo County’s Children Eric Claybon, South San Francisco Unified School District Peter Feng, South San Francisco Unified School District David Fleishman, Child Care Coordinating Council Heather Hopkins, Community Equity Collaboratives Tanisha Hughes, Child Care Coordinating Council of San Mateo County Keith Irish, South San Francisco Unified School District Sarah Kinahan, San Mateo County Child Care Planning Council Toby Librande, Child Care Plan, City of Milpitas of San Mateo County Shawnterra Moore, Superintendent, South San Francisco Unified School District Christine Padilla, Build Up for San Mateo County’s Children Heather Stewart, Community Development Department, City of San Mateo Alyson Suzuki, San Mateo County Office of Education Christine Thorsteinson, Silicon Valley Community Foundation Andrea Vizenor, Dean, Skyline College Elizabeth Winograd, Low Income Investment Fund, Child Care Facilities Fund Eric Yurkovich, Raimi and Associates – SHAPE SSF Child Care Master Plan Kathleen White, Author and Child Care Consultant, City of South San Francisco Karin Odell, Venus Designs 4 SSF: CHILD CARE MASTER PLAN ACKNOWLEDGMENTS 141 EXECUTIVE SUMMARY The 2022 Child Care Master Plan for South San Francisco (CCMP SSF) tells a story. It contains a comprehensive overview of local child care, including a view of the landscape, a nod to the recent history, the evolution of the formal child care system in the city, and then offers a summary of key findings. By establishing the narrative of the present, the path forward is then informed by current conditions and projected needs. Data elements related to the assessment of child care supply for current residents and employees, as well as an informed projection of future needs are derived from a range of sources listed in the “Resources” section of this report. Spanning over 140 pages, the CCMP SSF includes an introductory chapter that defines purpose, priorities, and elements of the plan as well as a definition of the components of quality child care and a look back in time, establishing the role child care has played. The key goals were to explore the varying child care needs and gaps for children between birth and 12 years old, spanning the time period of 2020–2030. Alignment with the 2022, SHAPE SSF General Plan (SHAPE SSF) recommendations and ensuring fidelity between the planning documents was a priority, as was highlighting the range of care settings and offerings currently available in the city. Commitment to the value of a mixed delivery system centered around family choice was prioritized. A centerpiece of the plan is the “SSF Parent/Family Survey”, conducted in 2021. To date, 1,111 respondents described their child care needs and challenges (survey in English and Spanish) in securing care in South San Francisco. Parents and guardians of infants, toddler preschoolers, and school-age children weighed in on their experiences searching for, utilizing, and prioritizing child care needs. Families in South San Francisco demonstrated that they have similar needs to those in other communities. Child care needs spanned a range of models including full-time and part-time care, care for specific age groups, for children in diapers, and for those with non-traditional schedules and in need of occasional care. As expected, affordability and high quality were ranked as priority elements. Identified gaps correlated with San Mateo County data studies, including a significant gap in school- age child care (of almost 1,000 spaces) for children attending elementary school. Representative survey responses were received from parents and guardians of children attending each of the public or private schools in South San Francisco. Reaching the modest goal of providing after-school and summer care for 50% of the school-age population should be achievable, yet no one elementary school provided child care resources for half of their attending students. This is especially critical, as pandemic conditions begin to ease, parents and guardians of school-age children represent the population that is best able to resume employment and pre-pandemic commitments, including higher education and training. This is due in part to vaccine availability for children over 5 years, the resumption of in-person instruction, the compulsory nature of elementary school, and the relative developmental independence of older children. Other identified gaps include addressing the need for subsidized child care for infants and toddlers, full-time subsidized care for preschoolers, as well as the geographic gaps of services west of El 5 SSF: CHILD CARE MASTER PLAN EXECUTIVE SUMMARY 142 Camino Real to the Westborough neighborhood. While survey respondent representation from all neighborhoods was evident, responses from the Buri Buri/Winston Manor and Westborough areas were the highest. An overview of what families look for in care as well as an explanation of why child care is so expensive yet, so under- resourced, is also included. As child care costs are heavily dependent on suppressing the wages of the workforce, the contradictions within the current system are also described. San Mateo County data was utilized from a wide range of sources, including the San Mateo County Child Care Partnership Council (SMC CCPC) report on the SMC CCPNA 2017 report which is a mandated activity of child care partnership councils throughout California as a part of the local structure of assessing and responding to county specific child care conditions. Additional sources were utilized to describe population details as well as the additional economic challenges for low-moderate income families based on the high cost of living locally. As the CCMP SSF was developed during the COVID Pandemic, the conditions of the child care community reflected a sector in crisis. Child care utilization, business vitality, and school operations were in flux. Gaining an accurate assessment of child care required looking back to the 2019-2020 year and projecting forward, beyond the pandemic, and then assuming a return to typical patterns of child care utilization. Additionally, the formulation of the CCMP SSF occurred during the final year of the development of the 2022 SHAPE SSF General Plan, which was in the process of being revised for the first time since 1999. Frequent communications with the 2022 SHAPE SSF General Plan development team resulted in an integrated product that reflects a commitment to child care and thoughtful, well-integrated recommendations within SHAPE SSF. Detailed recommendations on increasing child care availability, access, and meeting the needs of the community are found within the CCMP SSF. Key definitions of child care regulations, (including those that recently changed) and definitions of types of care including local regulatory agency contacts are included. An interactive GIS map of all of the licensed and exempt child care centers and licensed family child care homes located in South San Francisco was developed with accompanying heat maps that further define and elaborate on current enrollment and existing waiting lists in city-sponsored child care programs. The detailed mapping resources are available on the 2022 Child Care Master Plan for South San Francisco website at ssf.net/childcareplan and can form the basis for the formulation of a comprehensive city website that consolidates child care information for families, as well as resources and support for business development. 6 SSF: CHILD CARE MASTER PLAN EXECUTIVE SUMMARY Key Terms in This Report The City of South San Francisco – located within San Mateo County, CA, and the area this report covers. Abbreviated to SSF The two surveys that factored into this report: “SSF Parent/Family Survey” – A survey given to families and parents in the SSF area in 2021 with 1,111 respondents “SSF Child Care Provider Survey” – A survey given to child care centers and licensed homes in 2021 with 53 respondents 2022 SHAPE SSF General Plan – The new general plan for South San Francisco launching in 2022. This report contains general child care recommendations that are have been integrated, co-developed or expanded and listed in Section 8 of this report. Abbreviated to SHAPE SSF. San Mateo County Child Care Partnership Council, Child Care and Preschool Needs Assessment, 2017 Report – The mandated report of the Child Care Partnership Council designed to assess and summarize child care need for San Mateo County ( produced every 5 years). Abbreviated to SMC CCPNA 2017 The 2022 Child Care Master Plan for South San Francisco – this report and its associated mapping resources available at ssf. net/departments/parks-recreation/recreation-division/childcareplan Abbreviated to CCMP SSF 143 This recommendation will help to inform both consumers and providers of services and link this community. As part of plan development in 2021, the “SSF Child Care Provider Survey” was administered (English and Spanish) to current center administrators and licensed family child care homes to assist in formulating recommendations. Key survey findings included the need for operational support for all child care programs as well as assistance with COVID business stabilization, renovation and repair assistance, help securing facilities and identifying expansion resources, finding financial resources to help families pay for child care, and solutions to staffing shortages. The most important priority recommendations center around the immediate need to address critical workforce pipeline shortages that are actually preventing program growth and expansion. There is an urgent need to begin building opportunities for local residents to enter the early childhood, recreation, youth worker, Transitional Kindergarten and K-12 education workforce pathways with a realistic and achievable goal of at least 10% of high school graduates in South San Francisco pursuing local pathways in education. Ensuring that “Grow Your Own” is a city priority and providing workforce support (such as apprenticeships, “Middle College”, dual-enrollment, partnerships with college pathway support) to those that already reside in South San Francisco is a first step. Providing internships and graduated pathways to local jobs with private providers, South San Francisco Department of Parks and Recreation and SSFUSD will result in a workforce that knows the community, reflects the community, and is committed to the community. Taking a holistic approach to addressing the need for increased salaries and benefits, and improving the viability of the profession will help to address this workforce gap. These recommendations, as well as labor market detail and the relationship between child care and economic growth and stability are also highlighted. Key recommendations for improving the child care landscape include facilitating the updating of the current Joint-Use Agreement and Memorandum of Understanding (JUA/MOA) between the City of South San Francisco and the South San Francisco Unified School District to ensure shared facilities and joint program planning between the two providers of public agency child care services. This is especially critical due to the 2021–2022 State Budget which contained significant child care expansion funds including Universal Transitional Kindergarten for all 4-year-olds and unprecedented after-school program expansion funds. Accessing available resources will take a collaborative approach. Joint planning and engaging in shared solutions are time sensitive recommendations, as the proposed 7 SSF: CHILD CARE MASTER PLAN EXECUTIVE SUMMARY Acronyms in This Report American Recue Plan Act (ARPA) CA Alternative Payment Programs (APP/ CAPP) California Center Based General Program (CCTR , Subsidy) California Community College Strong Workforce Programs (SWP or K-12 SWP) California Department of Education (CDE) California Department of Social Services (CDSS) California State Preschool Programs (CSPP, Subsidy) A California Public Assistance Program (CalWORKS) Child Care Initiative Project (CCIP) Child Care Law Center (CCLC) Early Care and Education Pathways to Success (ECEPTS) Early Childhood Education (ECE) Early Childhood Environment Rating Scale (ECERS) Employment Development Department (EDD) Expanded Learning Opportunities Program (ELO-P) Family, Friends and Neighbors (FFN) IZZI Early Education or Headstart (IZZI) Joint Advisory Committee to the Child Care Master Plan (JACCCMP) Joint Use Agreement/ Memorandum of Understanding between the SSFUSD and the City of SSF (JUA/MOU) Local Educational Agencies (LEA) New Market Tax Credits (NMTC) Regional Occupational Programs (ROP) San Mateo County Child Care Partnership Council (SMC CCPC) San Mateo County Child Care Partnership Council Child Care and Preschool Needs Assessment (SMC CCPC CCPNA 2017) San Mateo County Economic Development Association (SAMCEDA) San Mateo County Office of Education (SMCOE) South San Francisco Parks & Recreation Department (SSFP&R) South San Francisco Unified School District (SSFUSD) State Apprenticeship Expansion, Equity and Innovation Grant (SAEEI) Transitional Kindergarten (TK) Workforce Innovation and Opportunity Act (WIOA) Quality Rating Improvement System (QRIS) 144 2022–2023 State Budget contains additional allocations to fund the Governor’s Master Plan for Early Learning and Care: California for All Kids, released in December 2020. Federal American Families Plan proposals also still include significant child care expansion funds, although the final outcomes of this component of the Build Back Better Plan are still in discussions. Recommendations are included for specific city departments including Human Resources, Planning and Zoning, Economic Development, Parks and Recreation specifically with a range of recommendations attributed to the city in general. And finally, the CCMP SSF contains a summary of key legislation and funding opportunities contained in both the federal and state budgets as well as local financing, policy, and grant opportunities. Strategies for maximizing and braiding funding, addressing both the current needs and gaps as well as future projected needs concurrently are included. Examples of financing and incentives for encouraging employers and housing developers to meet growing gaps in services (especially east of the Downtown areas) are provided. A vision of what success will look like in 2030 and strategies for ensuring that the CCMP SSF reflects a living document that moves the city towards a sustainable roadmap concludes the plan. A summary of all report recommendations as well as a list of resources utilized are also available to assist with informing planning efforts. As South San Francisco transitions from a residential, industrial, and business center to the regional beacon for innovation and development, the need to elevate child care and education to the level of infrastructure (as critical as transportation, open space, environmental and climate factors, housing, workforce and economic development), is critical to creating an even more healthy and vibrant community in 2030. “During my years working with constituents as an aide in Congresswoman Speier’s office, and as a member of the South San Francisco Parks and Recreation Commission, I became keenly aware of the shortage of early learning and affordable high-quality child care opportunities. Now as the Mayor of South San Francisco, and as the father of young children with two parents who work full time, this issue rises to the top as one of my highest priorities. We owe it to all South San Francisco children to prepare them to be successful learners, and parents deserve safe and nurturing programs that they can trust to do this important work. I applaud this effort to create a Master Plan that includes extensive community input and research to serve as a roadmap to make well-informed and fact-based decisions to match resources with needs.” - Mark Nagales, Mayor, City of South San Francisco 8 SSF: CHILD CARE MASTER PLAN EXECUTIVE SUMMARY 145 9 SECTION 1Introduction 146 10 SSF: CHILD CARE MASTER PLAN INTRODUCTION 1 Purpose of a Child Care Master Plan – Articulating the Vision South San Francisco is a leader in the provision of child care and continues to demonstrate deep commitment to children and families. As a “family friendly city”, SSF has made both policy and economic commitments for the provision of child care services. Elected officials, city and school district staff and local decision- makers continue to prioritize child care and understand the value of supporting families by ensuring that the children of South San Francisco residents and employees are well cared for, well-educated and are valued members of the community. Priorities, Values and Purpose – Why a Child Care Master Plan? Child care is specifically referenced in the last SSF General Plan, released in 1999. Child care appears in three land use elements (Land Use Element Policies; 2-G-9, 2-I-12 and 2-I- 20), and more generally in other sections. SSF was the only city within San Mateo County that contained these General Plan elements. Additionally, SSF is one of two (with the City of San Mateo) cities in San Mateo County that assesses developer fees specifically for child care. The 2022 SHAPE SSF General Plan is in the process of being updated and revised. The plan is due to be released in 2022 after several years of public input and a lengthy and inclusive collaborative process. It will include additional plan elements and clarifications related to the provision of child care and items are cross-referenced within this document. South San Francisco is one of 20 incorporated cities and towns that comprise San Mateo County which also includes unincorporated areas. SSF has the 4th largest population within the county and contains significant business and industrial elements. It is widely known as the “Birthplace of Biotechnology” and “The Industrial City”. SSF is also located in close proximity to the San Francisco International Airport which was ranked in 2019 as the 7th largest airport in the United States. SSF is bordered to the North by the cities of Daly City and Brisbane, to the West and South by the cities of Pacifica and San Bruno and to the East by the San Francisco Bay. South San Francisco is a family-friendly city, committed to supporting families with children through the provision of recreational opportunities, a unified public school district, private schools, a variety of housing options, employment opportunities, public transportation access (CALTRAIN, BART, SAMTRANS, SSF Bay Ferry) and is located within close proximity to the City of San Francisco. The Child Care Master Plan for South San Francisco will serve a variety of purposes: • Function as a stand-alone document on child care priorities in SSF • Identify and cross-reference child care specific considerations and recommendations • Guide public policy decisions and strategies • Assess the present state of child care in South San Francisco • Provide a 10-year blueprint (2020-2030) for actions based on what is in place and what can be improved and expanded • Serve as an ongoing framework to measure progress and for evaluation purposes 147 11 SSF: CHILD CARE MASTER PLAN INTRODUCTION 1 Elements of the Plan Include: Child care for children from birth–12 years old. Recommendations lift workforce recruitment, employee development, and retention and support of the child care workforce as the key component in the provision of high-quality child development services. Recommendations for a 10-year period from 2020–2030. Child care services in child care centers (licensed and legally exempt), licensed family child care homes, and information on exempt child care is included. The provision of child care services for SSF residents (and those attending SSFUSD schools), SSF city employees and those employed in SSF. A commitment to a mixed delivery system with value placed on cultural, language, and family needs. A Focus on Quality Child Care – Elements of Quality In the broadest sense, child care is a service that meets a variety of family needs. When defining quality child care, there are critical elements to be considered. The adults working in child care are central to the provision of quality care. They are warm, knowledgeable, experienced and skilled in providing developmentally and culturally appropriate care for the ages of children served. They are intentional and CHOOSE to be in the profession and engage in professional development, educational opportunities, seek assistance when needed, and cultivate community connections and resources. They may provide care in a range of settings: small, large, home-based, classroom, community center. Ensuring that a range of facilities are both available and identified for child care within the City of South San Francisco is crucial, yet the adults are the most important components in the delivery of quality care. Facilities need to be imaginative, healthy, located near home or work or on transportation corridors and near public transportation. Facility development is an important part of ensuring that child care can grow to meet both current and future needs. Identifying, securing, preparing, constructing or retro-fitting appropriate locations is a multi-year process for child care centers. Licensed family child care homes also need supportive services and resources in order to grow and thrive. 148 12 SSF: CHILD CARE MASTER PLAN INTRODUCTION 1 Parental choice is a critical element of the provision of quality care, as not all settings are appropriate for all families. Quality child care should be accessible, both in location and affordability. As parents and guardians need a range of available options for a range of purposes, child care needs to be flexible and available for full-time, part-time, and occasional-use enrollment. Quality child care is also dependable and seamless, meeting the service needs of families throughout the year for siblings and family members. Adults need child care and development services for a range of reasons including employment, attending school, socialization time for adult or child, respite care, to attend appointments, to care for other family members, etc. Enrollment processes should be clear and reliable and waiting lists minimized. Accommodation in some settings for mixed-age utilization and siblings cared for in family groupings is an important option, and a mixed delivery system is valued. Children with special needs, in diapers and those with unique circumstances need available child care with specifically trained adults. The costs of care needed should be affordable for the family in need. The wages of those in the child care workforce need to be commensurate with the training and education required, the demands and responsibilities of the job, and the importance of the profession to the development of our most critical resource. Ideally, wages and costs are de-coupled, ensuring that a living wage for the workforce is not dependent on a family’s ability to pay for services. Many instruments are available to measure or assess quality. The Quality Rating and Improvement System (QRIS)1 is utilized in California to assess, communicate and improve quality levels in preschool and school-age programs. The National Association for the Education of Young Children (NAEYC)2 promotes NAEYC Accreditation of programs for young children. The Early Childhood Environment Rating Scale (ECERS)3 provides a rating tool for self-assessment and observational assessment. Other rating scales, quality assessments and methods of translating quality are designed for more specific uses. The quality of a program though, is almost entirely dependent on the education, experience, intentionality, approach, compassion, and empathy of the workforce. When assessing or measuring quality, the wages, benefits, working conditions, turnover rates, and satisfaction of the workforce is the “secret sauce”. 1 https://www.cde.ca.gov/sp/cd/rt/ 2 https://www.naeyc.org 3 https://www.boldgoals.org/wp-content/uploads/ECERS-Overview.pdf 149 13 SSF: CHILD CARE MASTER PLAN INTRODUCTION 1 History – Looking Back, Moving Forward 4 https://books.google.com/books?id=ycX4dcb-EqkC&pg=PA65&dq=Working+Mother+Top+100+Companies+to+Work+For+Genetech&hl=en&sa=X&ved=2ahUKEwjxh7PwgOf1AhU_IUQIHd3BC wsQ6AF6BAgDEAI#v=onepage&q=Working%20Mother%20Top%20100%20Companies%20to%20Work%20For%20Genetech&f=false The City of South San Francisco has a rich history in the provision of child care and development programs. At the start of World War II, in 1942, emergency nursery schools were funded through an amendment to the Lanham Act, a 1940 law authorizing war-related government grants. After the war, many states closed Lanham Act child care facilities, under the assumption that women no longer “needed” to be in the workforce. California was the only state to operate these programs under the State Department of Education, who then assumed responsibility for the continued operations. The South San Francisco Children’s Center, operated by South San Francisco Unified School District, was originally established in response to the need for defense production and to support the many women in the workforce due to the war. It remains one of the oldest continually operating Lanham Act child care centers in California. The SSFUSD now operates additional preschool and after-school sites as well. The City of South San Francisco, through the Parks and Recreation Department, has been operating child care programs since the early 1970s, starting with Tiny Tots Preschool Programs and a recreational after-school program at Orange Park, to now offering a full menu of licensed child care offerings for preschoolers and school-age children. The City of South San Francisco joins only a few Parks and Recreation Department or city-sponsored full-year child care programs in San Mateo County, including those offered by the cities of Pacifica, Menlo Park, San Mateo, Belmont, and Redwood City. Legacy private child care providers in South San Francisco include, the Leo J. Ryan Child Care Program, in operation since 1980; Temporary Tot Tending, in operation since 1979; Friends to Parents, in operation since 1974 (started as a teen parent support program), and Hillside Christian School, in operation since 1959! One of the first employer-supported child care programs and the largest in the county is the cluster of the Genentech Child Care, 2nd Generation programs, operated through a contract with Bright Beginnings. Started in 1987 with support from the San Mateo County Board of Supervisors and planning services with the Child Care Coordinating Council of San Mateo County (4Cs), this employer supported child care program has had frequent appearances on the Working Mother, Top 100 Companies to Work For4 and has received national recognition for child care supports. Additionally, many licensed family child care providers in South San Francisco often serve children for years and operate small home-based businesses in neighborhoods throughout the city. Retaining legacy home-based child care is a critical part of preserving a mixed delivery system. 150 14 SECTION 2The Art of Assessing Child Care Needs 151 15 SSF: CHILD CARE MASTER PLAN THE ART OF ASSESSING CHILD CARE NEEDS 2 Art or Science? Factors Impacting Child Care Choice 5 https://www.smcoe.org/assets/files/About_FIL/Child%20Care%20Partnership%20Council_FIL/Agendas%20and%20Minutes_FIL/07.08.2021%20CCPC%20Special%20Session%20Meet- ing%20Minutes.pdf While assessing child care needs can be considered a science, (calculating percentages, subtracting available spaces from a portion of a child population to arrive at a sum of total needs), it is actually much more of an art, or rather a study in human behavior and decision-making based on a range of factors that are not necessarily quantifiable. When parents and guardians chose child care, or rather, choose to leave their children in the care of others, it is one of the most challenging decisions they may need to make. Families that can, weigh options and choices and then make decisions. Families that have limited choices may have decisions made for them. Understanding the way that families choose child care and why can help in providing the actual services needed, rather than making assumptions. According to a recent document produced by the San Mateo County Child Care Planning Council, “Vision Statement 2021 for Universal Access in San Mateo County”5, the components of quality child care include: • Equitable, child-and family-centered system with holistic supports • Child care, preschool, and school-age care for all who need it • Mixed-delivery system • Living wages for staff • Well designed and maintained facilities • Alignment with Transitional Kindergarten–3rd Grade and other sectors like health & housing • High-quality instruction differentiated for children with varying abilities • Authentic family engagement Typically, parents and guardians utilize the input of others when choosing care. They may seek child care referrals and information from a range of sources and based on a range of factors, but hearing from other parents and guardians and checking understanding is critical. Verifying that other families have been satisfied with their child care choices and that their children are doing well is an important part of the child care process. In general, first-time parents have more questions, more anxiety around the child care search process, and are more unprepared. They may also focus on specific aspects of child care and not look at the developmental picture. They are also generally not as attuned to the future needs of their children as they grow and reach new developmental stages, and may choose care that is appropriate for the age they are at currently, but may not be for the next phase of development. Parents or guardians of children with health concerns, special needs, developmental differences, and specific temperament types may also find the child care search process specifically challenging due to the very specific needs of their children. Many families want culturally and linguistically aligned child care and search criteria will include specific languages spoken and similar cultural practices and often aligned religious observations. Families choose from a range of settings and structures for their children. In order to ensure that a diversity of family and child needs are met, a mixed delivery system of home-based care, small and large centers, public and private offerings, a variety of curricular approaches, large and small groupings of children, and other options are needed. What works for one child, may not work for a sibling in the same family and family needs and preferences differ as families grow, change, and develop. The COVID pandemic has also made parents and guardians focus intensely on health and safety protocols, disease prevention, cleanliness, and health practices. This makes sense based on the health crisis, however the developmental needs of children remain the same and other areas of the curriculum including social, emotional, physical, and cognitive practices need to be prioritized as well. 152 16 SSF: CHILD CARE MASTER PLAN THE ART OF ASSESSING CHILD CARE NEEDS 2 What Families Look for in Child Care 6 https://www.businessinsider.com/3-reasons-everyones-quitting-great-resignation-biden-labor-secretary-2022-1 Factors that impact child care choices for parents and guardians and therefore impact planning for child care include: • Access to caring, well-trained, warm, and intentional adult(s) • Affordability of care • Schedule of care provided and compatibility with work, school or personal need schedule • Proximity to elementary school and if not on-site, availability of transportation • Needs of individual child (size of group, ratio of child to adult, curriculum, developmental stage of child, appropriate for temperament, etc.) • Language and cultural alignment • Location of care (near home, near school, near work, near transportation, comfort with area) • Flexible schedule or rotating, shift schedules, part-time, weekend, evening or drop-in availability • Appropriate for child with specific special, developmental, temperament and/or medical needs (trained caregivers or teachers) • Toilet –training and availability of services for children in diapers • Ability to care for mixed ages and siblings together • Availability of back-up care or sick child care As described in detail in the section of this report entitled, “Overview of SSF from a Child Care Lens”, there are several types of child care commonly utilized. Regulated (licensed) care includes child care centers and licensed family child care homes. Some child care centers are exempt from licensing requirements due to being “recreational” in nature or operated by an elementary school and being in essence, “an extension of the school day”. Child care provided by nannies, in-home caretakers, family, friends and neighbors, as well as by cooperative groups of families where no money is exchanged, may also be exempt from licensure. It is estimated that 40% of child care placements in California are placements with family, friends or neighbors or unregulated child care providers. This type of placement has increased due to the COVID pandemic due to health concerns regarding mixing with large groups of children, and a lack of available child care due to licensed programs being required to serve fewer children. Additionally, staff concerns related to their own health risks have decreased available supply. According to “Three Reasons Why Everyone is Quitting Their Jobs”, Business Insider, January 20226, child care workers continue to quit their jobs and since February 2020 over 100,000 people have left the industry in this country. In November 2021 alone, 2,100 jobs in the sector were lost across the United States. When assessing child care need, consideration of current constraints on child care availability, work schedules and affordability severely limit choices for many families. What they may look for and desire, is very different from what they can find. This can make finding child care so difficult, and sometimes heartbreaking. As we approach new and emerging workplace expectations, a growing need for part-time and rotating care to align with hybrid work will be needed. This may prove challenging for child care providers as meshing multiple part-time enrollments into full- time staffing and ratio patterns is especially challenging. The new world of work will require new and different child care options and flexibility in scheduling for hybrid workers. 153 17 SSF: CHILD CARE MASTER PLAN THE ART OF ASSESSING CHILD CARE NEEDS 2 San Mateo County Child Care Partnership Council – Child Care and Preschool Needs Assessment, 2017 Report The San Mateo County Child Care Partnership Council (SMC CCPC) takes the lead in planning and advocating for quality care and early education for all children, from birth to age twelve in San Mateo County. It is a state-mandated local council, funded through the California Department of Education and the County of San Mateo, under joint auspices of the San Mateo County Board of Supervisors and the San Mateo County Superintendent of Schools. The SMC CCPC provides a forum for the identification of local priorities for child care and preschool services and the development of policies and strategies to meet the priorities. It provides a community venue where the impact of state and federal child care and family policies, and proposed legislation or regulation can be examined from multiple viewpoints. The SMC CCPC also makes decisions on the local distribution of state child care funding. As a tool to guide its work, the SMC CCPC conducts a mandated community-wide needs assessment, followed by a countywide strategic plan for child care services for all children, every five years. This report presents an analysis of the child care and preschool supply and demand for children ages birth through twelve7. The last community needs assessment was conducted in 2017 and the next assessment is due to begin in 2022. The following excerpts from the Child Care and Preschool Needs Assessment, 2017 Report8 contains data highlighted for this report that pertains to South San Francisco specifically. Additional detail including methodology, assumptions and rationale and data sources can be found by viewing the full report: Data prepared by Sarah Kinahan Consulting, November 2017, for the San Mateo County Child Care Partnership Council, (650) 802-5443, ccpc@smcoe.org. To view the full San Mateo County Child Care and Preschool Needs Assessment, 2017 Report, or to understand the data sources and methodology, visit: http://www.smcoe.org/learning-and-leadership/ early-learning/child-care-partnership-council/child- care-and-early-learning-needs-assessment.html. 7 https://www.smcoe.org/about/child-care-partnership-council/ 8 https://www.smcoe.org/assets/files/About_FIL/Child%20Care%20Partnership%20Council_FIL/Needs%20Assessment_FIL/CCPC_Full_Report_Needs_Assessment_11-17.pdf “Child Care and Preschool Needs Assessment” Data – South San Francisco Key Population Characteristics – 2017 66,431 Total Population $90,711 Median Family Income 8.6% Families with Children Under Age 18 Below Poverty 40.1% Foreign-Born as Percentage of Total Population 56.7% Percentage of Population Speaking Language Other than English at Home 9,532 Total Number of Children Ages Birth through 12 Years 68.2% of Children, Birth through 12, with All Parents/Guardians in Work Force 154 18 SSF: CHILD CARE MASTER PLAN THE ART OF ASSESSING CHILD CARE NEEDS 2 School District Data: South San Francisco Unified School District9 9 http://www.ed-data.org/district/San-Mateo/South-San-Francisco-Unified – verified and updated by SSFUSD, Superintendent Shawnterra Moore on March 22, 2022 Race and Ethnicity of Students in SSFUSD 27.5% Percentage of Economically Disadvantaged 3rd Graders Meeting/Exceeding Literacy Standard in 2016–2017 English, Spanish, Filipino, Cantonese Most Common Languages 39% Students Receiving Free or Reduced Meals in 2016–2017 41% Students Receiving Free or Reduced Meals in 2019–2020 8,879 Total District Enrollment in 2016–2017 8,438 Total District Enrollment in 2019–2020 25.4% Percentage of Students Classified as English Language Learners in 2016–2017 22.83% Percentage of Students Classified as English Language Learners in 2019–2020 1,110 or 13.2% Number of Students Receiving Special Education in the District in 2019–2020 862 or 9.7% Number of Students Receiving Special Education in the District in 2016–2017 42.6% Percentage of All 3rd Graders Meeting/Exceeding Literacy Standard in 2016–2017 52.42% Percentage of All 3rd Graders Meeting/Exceeding Literacy Standard in 2018–2019 (no tests administered 2020 due to pandemic) WhiteAsianFilipinoHispanic/ Latinex African American Two or More Races Pacific Islander 1%11% 25% 48% 2%7%6% 672 2,399 957 1,125 275 727 168 149 250 8 36161 Supply Additional Demand Infant Preschool School Age Part Day Preschool Part Day Preschool Full Day Infant Full Day School Age 155 19 SSF: CHILD CARE MASTER PLAN THE ART OF ASSESSING CHILD CARE NEEDS 2 Child Care and Preschool Supply in Licensed Family Child Care and Centers (including exempt school-age programs) 2017, San Mateo County Child Care Partnership Council Child Care and Preschool Needs Assessment, 2017 Report†10 10 San Mateo County Child Care Partnership Council Child Care and Preschool Needs Assessment, 2017 Report 11 San Mateo County Child Care Partnership Council Child Care and Preschool Needs Assessment, 2017 Report Age Group Family Child Care Homes** Child Care Centers All Sites TotalTotalSubsidized 2017 2021 2017 2021 2017 2021 2017 2021 Infant Spaces – 0–1 years 272 212 400 446 37 38 672 658 Preschool Spaces 341 269 2,058 2,210 395 595 2,399 2,479 *School-Aged Spaces 163 135 962 1,614 206 210 / LIC 325 / EXEMPT 1,125 1,749 Total Number of Spaces 776 616 3,420 4,270 638 1,190 4,196 4,886 Total Number of Sites 72 53 47 56 11 17 119 109 † Updated 2021 Supply Data – Kathleen White, CCMP SSF * 4,657 Children in Public and Private Elementary Schools in SSFUSD (includes Junipero Serra and Skyline in Daly City and Monte Verde in San Bruno) ** 448 Large Family Child Care Home Spaces and 168 Small Family Child Care Home Spaces Child Care and Preschool Demand in 2017, All Incomes11 Age Cohort No. Resident Children Needing Care No. Out of County Children with Parents Working in City Needing Care Total No. Estimated to Need Child Care 0–1 year 331 265 596 2–4 years 1,852 399 2,251 5–12 years 2,082 N/A 2,082 Total 4,265 664 4,929 Incomes below 70% State Median Income Age Cohort No. Estimated to Need Child Care 0–2 years 422 3–4 years 575 5–12 years 1,002 Total 1,999 156 20 SSF: CHILD CARE MASTER PLAN THE ART OF ASSESSING CHILD CARE NEEDS 2 2017 Child Care and Preschool Unmet Demand12 2017 Gap/Surplus Change Over Time13 12 San Mateo County Child Care Partnership Council Child Care and Preschool Needs Assessment, 2017 Report 13 San Mateo County Child Care Partnership Council Child Care and Preschool Needs Assessment, 2017 Report All Incomes Incomes below 70% State Median Income Age Cohort Gap/Surplus in 2009 Gap/Surplus in 2017 Trend Gap/Surplus in 2009 Gap/Surplus in 2017 Trend Infant -74 75 -207 -361 Preschool 279 149 ----19 -157 School-Aged -1,811 -957 -381 -727 All Incomes Incomes Below 70% State Median Income WhiteAsianFilipinoHispanic/LatinexAfricanAmerican Two or More RacesPacific Islander1%11%25%48%2%7%6% 672 2,399 957 1,125 275 727 168 149 250 8 36161 Supply Additional Demand Infant Preschool School Age Part Day Preschool Part Day Preschool Full Day Infant Full Day School Age WhiteAsianFilipinoHispanic/ Latinex African American Two or More Races Pacific Islander 1%11%25%48%2%7%6% 672 2,399 957 1,125 275 727 168 149 250 8 36161 Supply Additional Demand Infant Preschool School Age Part Day Preschool Part Day Preschool Full Day Infant Full Day School Age WhiteAsianFilipinoHispanic/LatinexAfricanAmerican Two or More RacesPacific Islander1%11%25%48%2%7%6%672 2,399 9571,125 275 727 168 149 250 8 36161 Supply Additional Demand Infant Preschool School Age Part Day Preschool Part Day Preschool Full Day Infant Full Day School Age 157 21 SSF: CHILD CARE MASTER PLAN THE ART OF ASSESSING CHILD CARE NEEDS 2 After calculating child care supply in the regulated system, how is child care demand and need assessed and what is the rationale? For the San Mateo County Child Care Partnership Council, Child Care and Preschool Needs Assessment, 2017 Report (SMC CCPNA 2017), author Sarah Kinahan utilized the “demand factors” based on studies of parental preferences for care and applied them to arrive at an estimate of demand. The assumptions are that spaces are needed for: SMC CCPNA 2017 data included infant and preschool child care needs in the formal regulated system for children working (and not residing) in SSF, which would include city employees as well at 17% of total for preschoolers and 22% of young infants. Based on the above formula, South San Francisco child care in regulated child care centers and licensed family child care homes supply figures in the SMC CCPNA 2017 is described in the following three charts: Infants Needing Child Care vs. Total Spaces and Subsidized-Space Shortfall, 2017 Infants Totals Number from Total Needing Child Care Available Spaces: Full-Cost/Subsidized Change in Infant Care Spaces from 2017 to 2021 Surplus Space/Gap in Coverage Infants with Parents Who Reside in SSF 894 -14 75 surplus full-cost infant care spaces Infants with Parents Working in SSF and Residing Elsewhere 265 Total Infants 1,159 596 infants needing care 672 full cost infant spaces Infants, Out of Total, Eligible for Subsidized Childcare* 422 infants needing subsidized care 61 subsidized infant spaces -361shortfall of subsidized infant spaces * Parents’ earnings below 70% of the median income, defined as low-to-moderate income. • The gap for infant care is for subsidized or reduced fee care for 361 infants of low-moderate income families. Projected Percent of Children by Age Group Needing Child Care Spaces, San Mateo County 37% of infants ages birth through twenty-three months with all parents/ guardians in the workforce 100% of preschoolers, ages three and four years, regardless of parental employment 75% of two-year old children with all parents/guardians in the workforce 50% of school age children with all parents/guardians in the workforce 158 22 SSF: CHILD CARE MASTER PLAN THE ART OF ASSESSING CHILD CARE NEEDS 2 Preschool Children Needing Child Care vs. Total Spaces and Subsidized-Space Shortfall, 2017 Preschoolers Totals Number from Total Needing Child Care Available Spaces: Full-Cost/Subsidized Change in Child Care Spaces from 2017 to 2021 Surplus Space/Gap in Coverage Preschoolers with Parents Who Reside in SSF 1,852 80 149 surplus full-cost preschool spaces Preschoolers with Parents Working in SSF and Residing Elsewhere 399 Total Preschoolers 2,251 2,251 preschoolers needing care 2,399 full cost preschool spaces Preschoolers, Out of Total, Eligible for Subsidized Childcare* 575 preschoolers needing subsidized care 418 subsidized preschool spaces -157 shortfall of subsidized preschool spaces * Parents’ earnings below 70% of the median income, defined as low-to-moderate income. • The availability of Transitional Kindergarten and (UPTK) will help to alleviate this gap if offered in geographic areas with low- moderate income families (Downtown, Paradise Valley to El Camino especially). • The gap for preschool care is for subsidized or reduced fee care for 157 preschoolers of low-moderate income families. School-Age Children Needing Child Care vs. Total Spaces and Subsidized-Space Shortfall, 2017 School-Age: 5-12 Years Totals Number from Total Needing Child Care Available Spaces: Full-Cost/Subsidized Change in Child Care Spaces from 2017 to 2021 Surplus Space/Gap in Coverage All SSF School-Age Children 4,164 2,082 school-age children needing care 1,125 full-cost school-age spaces 624** -957 shortfall in all School-Age Children, Out of Total, Eligible for Subsidized Childcare* 1,002 school-age children needing subsidized care 275 subsidized school-age spaces -727 shortfall of subsidized school-age spaces * Parents’ earnings below 70% of the median income, defined as low-to-moderate income. ** 2021 data shows an increase of 727 spaces due to the inclusion of exempt care drop-in and private school programs – no new programs since 2017. • The gap for school-age care is for all care types (full fee and subsidized) is 957 for all school age children including families with all income levels and of those, there is a need for 727 to be subsidized school age spaces. This represents the greatest service gap at this time. 159 23 SSF: CHILD CARE MASTER PLAN THE ART OF ASSESSING CHILD CARE NEEDS 2 A Reduced Supply of Child Care Spaces Since 2017, family child care spaces have been lost and reflect a reduced supply in 2021 for all age groups. Most likely, this is due to the COVID pandemic and the financial and health stresses on small business operators. While the number of child care spaces for preschoolers have increased in 2021, the increase reflects one facility closure and two expansions. The school-age increases are reflective of the inclusion of previously uncounted additional exempt school-age care facilities, such as private school after- care programs and exempt drop-in programs, and are not representative of new facilities. Additionally, because three South San Francisco elementary schools are located in Daly City and San Bruno, and also serve students from these cities, the school population and the school-age resident population in SSF are not aligned. For the purposes of this CCMP SSF, ensuring that all SSFUSD elementary students have access to child care is a priority. Families enrolled in child care in South San Francisco may not work or live in SSF and conversely, SSF families may be taking children out of the area for child care and school. As South San Francisco is part of a significant transit pathway between San Francisco and San Jose, and adjacent to several cities with child care service gaps, the “art” of assessing child care needs becomes even more apparent. Child care enrollment is only dependent on residency or school attendance in city administered programs and in school district programs. As described in the 2021 “SSF Parent/Family Survey”, the COVID Pandemic has impacted how families choose child care and the types of care utilized. Findings were in line with a pandemic recovery that shifted the child care choices families were making based on a range of factors, including lack of stable child care, lack of reliable in-person K-12 instruction until 2021 (and the need to stay home with older children), impacts of quarantining, exposures and general COVID health concerns, lack of availability of vaccines for children under 5 years old and vaccine availability for older children since only later 2021, and a reduction in employment due to child care challenges. 14 https://www.uschamberfoundation.org/reports/covid-19-impact-childcare 15 https://www.smdailyjournal.com/news/local/san-mateo-county-child-care-industry-recovering/article_2581e272-87fc-11ec-bf0a-cb077d885b83.html?utm_source=smdailyjournal. com&utm_campaign=%2Fnewsletters%2Fheadlines%2F%3F-dc%3D1644246018&utm_medium=email&utm_content=headline In a 2021 report on, “COVID Impacts on Child Care in the US”, issued by the United States Chamber of Commerce Foundation, respondents to the USCF survey found that two out of three working parents had changed their child care arrangements due to COVID 19 and the majority had yet to find a permanent care solution. Additionally, 75% of working parents had young children staying home with a parent during work hours and 50% of parents that have not yet returned to the workforce cite child care as the reason why. 63% of parents indicated in August 2021 that they would need to change their current child care arrangements in 202214. Locally, according to an article in the San Mateo Daily Journal, February 7, 2022 entitled, “Child Care Still Recovering”, enrollment figures were described as being at 61% of pre-pandemic levels in the county, yet more funding is needed to ensure that children have fair and equitable access15”. 160 24 SSF: CHILD CARE MASTER PLAN THE ART OF ASSESSING CHILD CARE NEEDS 2 2021 “SSF Parent/Family Survey” – Understanding the Child Care Needs of SSF Families 16 https://www.ssf.net/home/showdocument?id=26458&t=637878735536903597 The “SSF Parent/Family Survey”16 was administered in October 2021 to gain parent input to the CCMP SSF process and recommendations. The survey was available in English and Spanish and was open for completion for 100 days. It was distributed to parents in South San Francisco utilizing the following outreach strategies: • Posting on Parks and Recreation Department website • Announcements in SSF Parks and Recreation Department events publications • Direct email to all participants in Parks and Recreation Department family programs • Direct email to all families on Parks and Recreation Department child care waiting lists • Announcements via email to SSF City employees • Announcements to current child care providers • Collaboration with SSFUSD for direct email to all elementary school and child care program parents by SSFUSD (targeted email of Spanish and English) to families in preferred language • Select emails to key contacts in the community The target group was parents/guardians with children between birth to 12 years old and those expecting a child(ren) in the next year. Of the group size of close to 9,500 families, it is estimated that 4,750 were directly emailed through SSFUSD, the SSF Parks and Recreation Department, using direct email addresses and the balance were solicited through general city web and newsletter announcements hosting a survey link. The 1,111 respondents represented 12% of the total families of birth to 12-year-olds in SSF or 24% of the 4,750 direct contacts. The response rate is acceptable due several factors, including limited direct email capability due to a lack of complete parent/guardian email lists, lack of prior outreach to the parent/guardian population regarding child care issues, lack of segments of the population with regular access to email communications, and lack of familiarity with the CCMP SSF and child care provisions and/or distrust of the survey process. 639 respondents provided email information and requested follow up on the CCMP SSF when completed. Survey participants were screened based on being a parent or guardian of a child(ren) between birth to age 12 (or expecting a child(ren) in 2022, residing or working in SSF, attending an SSFUSD school (including the 3 schools outside of SSF located in Daly City and San Bruno), and working for the City of South San Francisco. Of the respondents: • 982 resided in SSF and were parents or guardians of a child between birth–12 years • 917 had children that attended or will attend elementary school in SSFUSD by the 22–23 school year • 362 respondents were employed in SSF • 135 indicated their child had special needs • 176 were employees of the City of SSF • The majority of the respondents worked full or part time at 85%, and 24% were attending school 161 25 SSF: CHILD CARE MASTER PLAN THE ART OF ASSESSING CHILD CARE NEEDS 2 Q6: Please indicate the ages of your children. Check all that apply. Answer Choices Responses %Number School age ( 5–12 years)78.21%768 Toddler (1–3 years)24.75%243 Preschooler ( 3–4 years)19.35%190 TK (4–5 years)14.77%145 Infant (Birth to 1 years)9.37%92 Expecting or plan to be a parent/guardian in 2022 4.18%41 Total Respondents 982 The distribution of respondents was fairly evenly divided between parents and guardians of young children (Expecting to age 5 years) at 711 total and those with school-age children, 5 to 12 years at 768. Duplicate numbers account for multiple children/siblings in a family. Q8: Do you currently use child care? If so, check all that apply. Answer Choices Responses %Number Relative, Friend or Neighbor 32.33%311 After-School Child Care Program 30.77%296 Preschool Child Care Center 23.18%223 Do not use any child care 20.37%196 Parents or family members stagger or schedule work hours, so care is not needed 17.36%167 Summer Program 17.05%164 Licensed Family Child Care Provider ( in their home)7.48%72 Nanny or Exempt Care Provider (in your home)4.05%39 Currently on Family Leave 4.05%39 Total Respondents 962 Parents and guardians in SSF were asked if they used child care and the distribution of how they were currently accessing child care was illuminating. 38% were not using child care at all, and of those families, 17% were staggering work hours to do that. 36% were utilizing a family member, a friend or a neighbor or a nanny or in-home provider at this time. As described above in the section on “What Families Look for in Child Care”, this utilization rate is more typical of families with infants and toddlers, children in diapers, parents that need care outside of the typical 7AM-6PM, Monday to Friday work schedule, those with specific language and cultural needs and families that cannot afford regulated care. The COVID pandemic has impacted family comfort with child care as well as families select smaller group sizes with fewer interactions for younger children. 30% of SSF families were using licensed care, in either a preschool or home. 162 26 SSF: CHILD CARE MASTER PLAN THE ART OF ASSESSING CHILD CARE NEEDS 2 Q9: If you live in SSF, what neighborhood do you reside in? Answer Choices Responses %Number Westborough 27.59%256 Buri Buri 10.78%100 Winston/Serra 10.67%99 Orange Park/Mayfair 8.51%79 Downtown/Old Town 7.11%66 Do not live in SSF 6.90%64 Sunshine Gardens 6.57%61 Brentwood 4.96%46 Paradise Valley/Terra Bay/Pecks 4.31%40 Avalon 4.09%38 Sign Hill 3.56%33 El Camino 2.37%22 Lindenville 1.08%10 Southwood 1.08%10 East of 101 0.43%4 Total Respondents 928 The respondents’ neighborhood of residence was representative of families throughout SSF. All neighborhoods had representation however, the Westborough neighborhood, specifically, west of Hwy 280 had a high response rate, at 28% and respondents from Buri Buri, Westborough and Winston Manor/Serra Vista combined represented half of all respondents. 163 27 SSF: CHILD CARE MASTER PLAN THE ART OF ASSESSING CHILD CARE NEEDS 2 Q10: If you work in SSF, what neighborhood are you employed in? Answer Choices Responses %Number Do not work in SSF 54.92%441 East of 101 12.58%101 El Camino 5.35%43 Downtown/Old Town 4.23%34 Westborough 4.23%34 Lindenville 3.24%26 Buri Buri 2.99%24 Orange Park/Mayfair 2.99%24 Winston/Serra 1.87%15 Paradise Valley/Terra Bay/Pecks 1.74%14 Sign Hill 1.74%14 Sunshine Gardens 1.62%13 Avalon 1.25%10 Brentwood 0.75%6 Southwood 0.50%4 Total Respondents 803 When asked the location of place of work, more than half of the respondents did not work in SSF, however, the largest percentage that did work in the city at 12% were employed east of Hwy 101. 164 28 SSF: CHILD CARE MASTER PLAN THE ART OF ASSESSING CHILD CARE NEEDS 2 Q11: If you utilize child care, what type of child care is/was the most difficult for you to find in SSF? Check all that apply. Answer Choices Responses %Number After-school Care (elementary school-age)54.01%438 Summer Care (elementary school-age)33.91%275 Preschool Care (3–5 years old)31.20%253 Toddler Care (1–3 years old)26.63%216 Infant Care (Birth to 1 years old)19.24%156 Care for children in diapers (any age)18.50%150 Weekend, Evening, Drop-in, Occasional or Rotating Shift Care 16.40%133 Do not utilize child care 15.17%123 Part-Time Care 12.58%102 Care for Children with Special Needs 5.18%42 Total Respondents 881 Q13: How important is child care to you when choosing an elementary school? Answer Choices Responses %Number Very important 75.42%629 Important 13.43%112 Somewhat important 7.67%64 Not important 3.48%29 Total Respondents 834 Survey participants were asked to select the types of care that were most difficult to access and could select all that applied. The response to this survey question supported the findings of the SMC CCPNA 2017 report referenced earlier, which described a shortage of school-age child care in South San Francisco as a compelling need. While participants chose infant and toddler care and care for children in diapers, as priorities, 522 times, after school and summer care for school-age children was selected 713 times total. Recommendations related to this response will be found at the end of this section. As COVID has impacted child care choices and employment participation for families with younger, unvaccinated children, once children enter formal and compulsory education, full employment becomes dependent on the availability of after-school and summer care. As exemplified in the responses to a question about how important child care availability is in the selection of an elementary school, 741 respondents ranked it as either very important or important! 165 29 SSF: CHILD CARE MASTER PLAN THE ART OF ASSESSING CHILD CARE NEEDS 2 Q12: What challenges do you experience with child care? Check all that apply. Answer Choices Responses %Number Affordability/Cost of Care 73.86%585 Currently on waiting lists 46.46%368 Inconvenient hours or schedule 33.21%263 Concerned about using child care during COVID Pandemic 26.89%213 Unable to find care appropriate for my child 21.34%169 Need drop-in or occasional care 21.21%168 Want to keep siblings together 18.06%143 Need social programs or playgroups for my child 18.06%143 Cannot find temporary or emergency back-up care 15.03%119 Unable to find a caregiver or program that I like 13.38%106 Inconvenient child care location 12.50%99 Dissatisfied with quality of care 10.48%83 Lack of care for infants or children in diapers 9.47%75 Unable to find care for sick child 8.59%68 Child needs fewer children present or more adults 7.07%56 Child needs a different environment or program type 5.30%42 Lack of care for children with special needs 4.80%38 Total Respondents 792 The question related to child care challenges experienced by respondents revealed that finding affordable care, inconvenient available schedules, being placed on waiting lists and COVID concerns were the most frequently listed challenges. 166 30 SSF: CHILD CARE MASTER PLAN THE ART OF ASSESSING CHILD CARE NEEDS 2 Q14: What SSFUSD or SSF private elementary school will/does your child(ren) attend in the 2022–2023 school year? Check all that apply. Answer Choices Responses %Number Buri Buri Elementary – SSFUSD 24.75%173 Monte Verde Elementary – SSFUSD 23.46%164 Ponderosa Elementary – SSFUSD 12.45%87 Skyline Elementary – SSFUSD 8.58%60 Spruce Elementary – SSFUSD 7.44%52 Sunshine Gardens Elementary – SSFUSD 7.44%52 Martin Elementary – SSFUSD 5.58%39 Los Cerritos Elementary – SSFUSD 5.15%36 Junipero Serra Elementary – SSFUSD 4.29%30 St. Veronica's – Private School 3.29%23 All Souls – Private School 2.43%17 Hillside Christian – Private School 1.29%9 Mills Montessori – Private School 0.43%3 Total Respondents 699 Respondents represented families from all SSFUSD and private elementary schools across SSF. Survey questions were distributed via the SSFUSD email system in both English and Spanish to all participating elementary and SSFUSD families. Buri Buri and Monte Verde elementary had the largest response rate at 24% and 23% respectively. 167 31 SSF: CHILD CARE MASTER PLAN THE ART OF ASSESSING CHILD CARE NEEDS 2 Q15: What child care options would you like to be more available in SSF? Check all that apply. Answer Choices Responses %Number After-school care 66.91%554 Full-Time care 51.57%427 Summer Care 47.95%397 Part-Time Care 43.00%356 Subsidized or Reduced Cost Care 41.67%345 Occasional, Drop-in Care 32.97%273 Social or Playgroups 27.90%231 Back-up Care when your provider is not available 21.26%176 Weekend Care 17.03%141 Care for Children in Diapers 14.61%121 Specific Language/Culture 12.80%106 Emergency Care 11.59%96 Evening Care 11.23%93 Care for Sick Children 9.54%79 Care for Children with Special Needs 8.21%68 Rotating Shift Care 5.07%42 Not sure 1.81%15 Total Respondents 828 Q17: Please check all the following child care attributes that are important to you. Answer Choices Responses %Number Quality of program 90.97%756 Affordability 82.55%686 Caring adult(s)80.51%669 Providers trained in child development 77.14%641 Dependable 73.16%608 After-school program located on school site 71.84%597 Location 70.52%586 Convenient schedule 67.99%565 Appropriate for child's needs and development 61.61%512 Provides social experiences for child 57.40%477 Can keep siblings together 41.88%348 Total Respondents 831 168 32 SSF: CHILD CARE MASTER PLAN THE ART OF ASSESSING CHILD CARE NEEDS 2 Q20: How can the City of South San Francisco SSF best support families utilizing child care? Check all that apply. Answer Choices Responses %Number Provide information on SSF website on how to find child care 70.63%582 Support the growth of more affordable child care options 60.92%502 Elevate child care as a priority in SSF 60.92%502 Support the expansion of all child care throughout the City of SSF 59.34%489 Continue to provide and expand city-sponsored child care programs 57.16%471 Help child care providers improve, renovate, expand, and update their programs 56.31%464 Assist families with the cost of child care 54.00%445 Share information on how to get help paying for child care 50.73%418 Increase support for child care staffing and workforce needs 50.61%417 Provide a seamless enrollment process throughout the year from one kind of program to another 47.57%392 Share information on how to access waiting lists for subsidized care 44.54%367 Support individuals entering the child care profession 38.23%315 Provide information for families on what to look for when searching for child care 35.68%294 Encourage SSF employers to provide child care 32.16%265 Share information on family leave policies 18.69%154 Total Respondents 824 The answers to questions #15, 17 and 20 asked for specific information regarding the types of child care components needed by respondents, the values they placed on specific attributes and how the City of SSF could best support families utilizing child care. Responses will be utilized in the “Recommendations” portion of this section (found below). Additional survey details can be found by accessing the full survey at: https://www.ssf.net/home/ showdocument?id=26458&t=637878735536903597 169 33 SSF: CHILD CARE MASTER PLAN THE ART OF ASSESSING CHILD CARE NEEDS 2 Families with Children as an Equity Focus – Economic Needs 17 https://calbudgetcenter.org/resources/making-ends-meet-much-cost-support-family-california/ 18 https://www.uwba.org/homepage/our-impact/the-real-cost-measure-2021 19 https://www.smcalltogetherbetter.org/demographicdata?id=7691 20 https://www.ssf.net/home/showpublisheddocument/24373/637653319103000000 When children join a family, through birth, adoption or guardianship, in addition to experiencing the joys of parenthood, that family becomes increasingly vulnerable. According to the CA Budget Center, “Making Ends Meet”, 2017, in San Mateo County, a two-parent working family needs to earn $108,000/ annually and a single parent needs to earn $100,400/ annually to afford rent and utilities at $3,000/month, child care at $1,800/month for two children, health care at $589/month, food at $773/month and taxes at $1,475/month17. The United Way released a study in 2021, entitled “The Real Cost to Live in the Bay Area” based on factoring in real housing, food, child care and other costs (unlike the federal poverty measure which does not consider housing costs) and found that the gap between minimum wage earners and the actual costs of self-sufficiency (or making ends meet) impacted half of Latino families and African American families disproportionately. Additionally, 45% of those with only a high school diploma or equivalent were struggling. The presence of a child creates significant economic risk as over half of young children under 6 years old live in households below the “Real Cost Measure”. The greatest impacts were on single parents as over 7 in 10 parents headed by a single mother fell below the cost measure18. Families are notoriously under-prepared for the financial, emotional and physical responsibilities that children bring. There is little preparation for parenthood and for most, the responsibilities are life-changing. Being unable to afford basic needs while coping with additional parenting responsibilities is debilitating. Even families with excellent support systems and parenting training experience stress and worry at the arrival of a child. Families, especially those with young children need support. In South San Francisco, according to San Mateo County, “All Together Better 2021”, 8,216 households had children, representing 36.19% of all households and 505 of those households fell below federal poverty levels19. These families provide an opportunity to address multi-generational inequity and make significant impacts on long-term outcomes. Of course, equity is much more than financial self-sufficiency. It encompasses both structural disenfranchisement and historical inequities as well as policies and practices that do not support the advancement of specific groups. It is with this perspective that parents and guardians of children need to be specifically included as a group in future updates of the 2021 SSF Racial and Social Equity Plan, especially as related to the provision of resource supports20. The vulnerability of families, the high cost of living impacting those with children, and the mental health stresses of the COVID pandemic on families specifically warrants more equitable supports. The need for caring and meaningful connections during the periods of high stress incumbent on parents and guardians living with and caring for children, and the pace that modern families need to move, create the rationale for lifting parents and guardians and supporting the very difficult jobs that they perform daily in raising children. 170 34 SSF: CHILD CARE MASTER PLAN THE ART OF ASSESSING CHILD CARE NEEDS 2 Costs, Affordability and Why Child Care is so Expensive 2019, Average Yearly Cost of Child Care, San Mateo County Child Care Portfolio 21 https://rrnetwork.org/assets/general-files/San-Mateo.pdf 22 https://laborcenter.berkeley.edu/investing-early-care-education-economic-benefits-california/ 23 https://www.theatlantic.com/ideas/archive/2019/11/why-child-care-so-expensive/602599/ According to the “2019, San Mateo County Child Care Portfolio” produced by the California Resource and Referral Network, the average cost of child care for a preschool child in San Mateo County in 2019 was $16,305/annually in a child care center and $14,334/ annually in a licensed family child care home. The cost for infant care averaged $21,847/ annually in a child care center and $14,720 in a licensed child care home21. While there are no formal studies on the costs of family, friend or neighbor care or nanny care, costs could range from significantly higher than the averages mentioned above to no cost, especially for family members. Exempt care providers receiving state subsidies often receive significantly less than licensed care providers. In general, while there is considerable variation across both categories of providers, long-term research shows high- quality licensed care leads to greater educational and professional attainment for children22. Unregulated care has no educational, health or safety, training or experience requirements and varies widely in quality. Families also have fewer means of recourse if there are complaints. Their only options may be to complain to law enforcement or file a lawsuit in small claims court if they have grievances. Clearly, quality is a consideration and although licensing requirements vary, regulations serve to ensure that minimum standards of care are provided and licensed care includes reporting options for complaints. complaint resolutions, and public access to licensing records. Child care center staff, have educational (college course and program) requirements and child care centers have facilities, health and safety and business administration requirements as well. Licensed family child care homes are required to complete health and safety screenings and must demonstrate appropriate environments within their home settings. Large family child care home providers, must also obtain a fire clearance for their facility. Why is child care so expensive? Child care costs are based on a dysfunctional system of parents and guardians bearing the burden of child care expenses based on what they can pay and how low child care salaries can be pushed. Without a national child care system and policy, child care workers are doomed to earn less than their education, experience and job duties require, families are doomed to pay for child care that varies widely in cost, quality and availability and children then spend much of their day with adults that have widely varying educational, experience, training, and temperament competencies. In the 2019 Atlantic article entitled, “Why is Child Care so Ridiculously Expensive” author Derek Thompson cited that child care costs have risen 2,000 percent since 1970! As more women moved from uncompensated caretaking to salaried labor, child care costs accelerated rapidly. Since the 1990s child care costs have increased twice as fast as inflation, yet, middle class wages have remained essentially flat during this time period, resulting in a cost crisis. Child care expenditures equal college costs in many areas, yet few supports are available to subsidize child care. Child care workers are under-compensated, with salaries in line with janitors and non-farm animal caretakers. As services must be performed in person (child care cannot be outsourced or performed remotely, or performed by robots) the costs will continue to rise23. The first 5 years of life are critical periods in human development as the brain grows faster during this period than at any other time. Early learning sets the stage for the future and the caring, loving experiences during this time translate into physically, emotionally, and cognitively healthy children. Child Care Center Licensed Family Child Care Home 2019 Cost for Preschool Child Care $16,305 $14,334 $21,847 $14,720 Child Care Center Licensed Family Child Care Home 2019 Cost for Infant Care 171 35 SSF: CHILD CARE MASTER PLAN THE ART OF ASSESSING CHILD CARE NEEDS 2 France and Denmark, for instance, spend three to five times as much on governmental early childhood supports. We also know that child care is an investment in the future. In 2015, the Council of Economic Advisers wrote that every $1 spent on early-childhood education results in roughly $8.60 of societal benefits, “about half of which comes from increased earnings for children when they grow up.” Similarly, a 2019 Harvard study of dozens of U.S. policies concluded that “direct investments in low-income children’s health and education” have historically had the biggest bang per buck24. While we currently have compulsory education beginning in the first grade, in California there is hope for some relief. Legislation is currently being considered to require compulsory education beginning at kindergarten and transitional kindergarten has been budgeted to be phased in for all of California’s four-year-olds. This will provide a universal preschool component in all public schools by 2025. This recent policy shift will help to mitigate child care costs for some families, but an expansion of child care subsidies is needed. It is estimated that it would cost 2 trillion dollars to fix the American child care system, which is a system that varies by state, county, city, varies widely in quality, and has limited resources and options for the children of low-income families. Locally, when looking at the average cost of child care in San Mateo County, and comparing it to the income of a moderate wage earner earning $54,027/annually (who would be income eligible for child care subsidies if they were more available), with preschool child care costs at $14,000/annually and typical housing costs of $36,000 for rent and utilities, and taxes, there is nothing left for food, transportation or other family expenses. As San Mateo County is one of the most expensive housing markets in the country, housing costs can consume up to 75% of wages for low-moderate wage earners, a disproportionate percentage of income. According to the 2017, “San Mateo County Pilot Subsidy Brief”, low-income families in San Mateo County were often unable to afford to live in the area and were not available to accept child care subsidies, because they had to relocate.. The subsidy pilot allowed for local flexibility for families earning more than state requirements in high cost of living areas. According to the “American Community Survey” (2015), approximately 45 percent of families in San Mateo County earned below the self-sufficiency level required for their family size and composition. For those families who qualify for child care subsidy at 70 percent of SMI (State Median Income), such a large part of family budget is consumed in paying for housing. Housing costs are among the highest in the state and many families cannot find 24 https://www.theatlantic.com/ideas/archive/2019/11/why-child-care-so-expensive/602599/ 25 https://www.smcoe.org/assets/files/About_FIL/Child%20Care%20Partnership%20Council_FIL/Child%20Care%20Subsidy%20Program_FIL/AB1326_FY1617_Annual_Report_FINAL.pdf 26 https://www.smcoe.org/assets/files/About_FIL/Child%20Care%20Partnership%20Council_FIL/Child%20Care%20Subsidy%20Program_FIL/AB1326_FY1617_Annual_Report_FINAL.pdf 27 https://www.everycrsreport.com/reports/R45288.html affordable housing25. Simply providing subsidized child care to low-income families may not be enough. Subsidies are available through a range of contracts and sources, including Alternative Payment Program (APP) vouchers, California State Preschool Programs (CSPP), California Center Based General Program (CCTR) through the California Department of Education and the California Department of Social Services, yet reimbursement rates are low causing many programs to lose staff to high turnover due to low wages and 12% of all local contracts were returned unspent26. In 2017, 37% of children receiving child care subsidies resided in three zip codes in San Mateo County – 94063, 94080, 94401 – covering parts of Redwood City, South San Francisco, and San Mateo. 416 of the 3,492 children served in San Mateo County were from South San Francisco. 73% of the children served in CSPP, CCTR, and APP programs were Hispanic/Latino with 57% being 4–6 years old. Additional subsidy programs in South San Francisco include a small amount of CalWORKS funding for those receiving public assistance and Headstart services, for families meeting federal income guidelines. Yet, without addressing housing costs, families with access to subsidized child care may still not be able to remain employed, especially at low-moderate wage jobs or they may not be able to remain in the county. Ironically, when only 10% of women were in the workforce, engaged in defense production during World War II, the federal government had an all-inclusive package of child care for the “Rosie the Riveters”. Child care was widely available, subsidized fully and included nutritional programs, health care, and even government supports for haircuts and laundry. Now that over 65% of women with children under 6 years old are in the workforce, the only significant federally-funded child care program is at the Department of Defense (DOD) which operates the largest employer-sponsored child care program in the United States, serving approximately 200,000 children of uniformed servicemembers and DOD civilians, and employing over 23,000 child care workers, at an annual cost of over $1 billion annually27. In 1971, President Richard Nixon vetoed the Comprehensive Child Development Act, sponsored by Walter Mondale, which would have created federally funded child care centers across the United States. Fifty years later, the federal Build Back Better legislation which includes a federal child care support component is stalled. In the meantime, families continue to struggle with finding, securing, and affording child care. 172 36 SSF: CHILD CARE MASTER PLAN THE ART OF ASSESSING CHILD CARE NEEDS 2 Family Data from 2022 SHAPE SSF General Plan Census Data and Population Projections – Anticipated Population, Economic and Housing Growth Anticipated Population, Economic and Housing Growth from Census Data Past Totals Projections 2010 2018 2030 2040 Population 64,005 64,337 85,768 107,200 Households 20,938 19,917 28,639 37,361 Jobs 38,720 56,610 97,082 137,554 Housing Units 21,814 21,428 30,193 38,959 Family, household and employment projections obtained from the preliminary 2022 SHAPE SSF General Plan, paint a picture of rapid growth, accelerated housing production and an explosion of employment opportunities. While the CCMP SSF is looking at planning through 2030, the evolution of SSF through 2040 points to a number of child care challenges. Currently, unmet child care needs are heavily concentrated in the areas west of El Camino, including Westborough, Buri Buri, Winston Manor, and Serra Vista. Supply data isolated clear gaps in current child care services. In addition to the geographic priorities noted (and further described in the “Overview of SSF through a Child Care Lens” section of this report), there are additional clear priorities for child care development, support and expansion. Ensuring that 50% of all school-age children have access to after school care, summer programs and in some cases, before school care is a priority need. As the COVID pandemic moves through the community, ensuring that children can safely attend elementary school is critical. Recovery from the COVID Pandemic is dependent on parental self sufficiency, and children being engaged in learning. There is a need for increased provisions for child care in all public and private elementary schools in SSF. There are currently no elementary schools that have reached the goals of child care availability for 50% of the school population. As the SSFUSD elementary schools plan to implement Transitional Kindergarten (from 2022 to full implementation in 2025), for all 4-year-olds, it will be critical that current preschools and child care providers that serve this age group are partners in planning for TK and that a mixed delivery system prioritizes full day schedules for the working families that need them. Additional existing needs include diversifying child care services including part-time, low-cost cooperative models for parents and guardians that are not in the workforce or are working part-time, expanded hour and weekend care options, expansion of care for toddlers and children in diapers, and increasing the availability of information for families, resource hubs and parent education supports. A critical need and service gap continues to be for subsidized child care. The availability of Transitional Kindergarten will positively impact this need (as will a number of funding opportunities listed in the “Legislation and Funding” section of this report), as children will have access to universal and free preschool (UPK) specifically serving 4-year-olds, however, ensuring that available opportunities for serving younger children and providing affordable options for after-school and summer care are necessary to meet family needs. The provision of subsidized care is also linked to rising housing costs, as families eligible for subsidized care, as structured, currently have significant challenges remaining in San Mateo County and remaining housed. Without considering the high cost of housing and exploring housing affordability, the expansion of subsidized child care as currently delivered may be a resource that is only useful for some residents. While the lack of affordable and subsidized child care for infants and preschool age children limits employment and educational options for adults, the lack of subsidized school- age care can result in children left on their own before they are developmentally able to self-monitor and selfcare by children that are too young, and it is not advisable. Families need choices for appropriate settings for older children until they are mature enough to possess the judgment and maturity needed to handle problems or challenges on their own or to seek help. 173 37 SSF: CHILD CARE MASTER PLAN THE ART OF ASSESSING CHILD CARE NEEDS 2 As the birth rate in SSF is projected to be steady at 3.8% (or drop slightly as a result of the COVID Pandemic) the following assumptions can be made about future population growth: Children under 12 years old currently comprise approximately 12–13% of the population in SSF. By 2030, based on population projections an additional 2,000 children under 12 years old will need child care. However, when looking at job projection growth of almost 60%, children commuting with parents to work or in need of child care near public transportation and transportation corridors becomes vital. Additionally, 2022 SHAPE SSF General Plan data supports moderate growth in housing and employment west of Hwy 280, rapid growth along El Camino and Downtown and explosive growth east of Hwy 101 and in Lindenville. Currently, there is minimal housing in Lindenville and none other than short-term housing east of Hwy 101, yet projections of 10,000 total new housing units in those areas with a projected average of a 175% increase in jobs in those two neighborhoods alone, creates a perfect storm of high need and minimal supply. Longer-term child care needs in these two areas needs to be balanced with the 28 http://s3.amazonaws.com/mildredwarner.org/attachments/000/000/392/original/51f727e204cba4cee9db9c5a38c1b8d8 short-term gaps in other parts of the city to ensure that adequate supply is available in neighborhoods that are currently difficult to envision. Long term recommendations include ensuring that child care facilities are encouraged in new housing and employment hubs in these neighborhoods and that a mixed service delivery is available with a range of affordable and moderate care options. Additionally, as vehicle use should be discouraged in these areas (traffic congestion is already evident in 2021), according to a study on, “Child Care and Transit”, 4Cs San Mateo County, 200628 parents are unwilling to utilize public transportation to child care or a child’s school unless it is within a comfortable walking distance to home or work. Additionally, parents with young children (Infant to 4 years old) commute to work with children in tow. For instance, this phenomenon grew in popularity locally after the 1989 earthquake in the SF Bay Region and parents were separated from their children by closed bridges and halted public transportation. Ensuring that the youngest (and most vulnerable) children were close by became a priority. For mothers returning to work that are still breastfeeding, having access to infants during or immediately after work is critical. For those utilizing employer supported benefits, child care in sponsored programs is often partially subsidized. 174 38 SSF: CHILD CARE MASTER PLAN THE ART OF ASSESSING CHILD CARE NEEDS 2 Section 2: Recommendations for Assessing and Addressing Current and Future Child Care Needs Items that are HIGHLIGHTED are priorities for 2022–2023. Assessing Current Needs 2.1. The Parks & Recreation Department provide elements prioritized in the 2021 “SSF Parent/Family Survey” including: 2.1a. Support the development of part-time, low cost, exempt care preschool option (Tiny Tots model under 15 hours a week) in the new Civic Center Campus preschool area. 2.1b. Offer community courses (virtual and in-person) for parents (including those for SSF employees): • Choosing Child Care in SSF • New Baby 101 • Parenting 101 • Accessing Family Benefits for SSF Employees • Enrolling in Child Care in SSF 2.1c. Continue to expand city offerings of city supported child care to meet short-term gaps and long-term needs. 2.1d. Consider lowering the ages of existing city-operated preschool programs to 2 years to 5 years and adding a diapering/toilet-training component . 2.1e. Aggressively continue to pursue city-owned or controlled locations for child care expansion west of El Camino Real in Westborough, Buri Buri, Winston Manor (or in close proximity) for additional city- sponsored preschool services that include a lowered service age group of 2 years to 5 years, with potty training and diapering options. Maintain current reduced rate structure, compatible with other city programs. 2.1f. Facilitate formation of the Joint Advisory Committee of the Child Care Master Plan, JACCCMP (as described in Section 9 – Rec. 1). 2.2. SSFUSD is supported to provide elements prioritized in the 2021 “SSF Parent/Family Survey” including: 2.2a. Preservation of or development of similar programs like the Adult Education – Parent Child Observation Program at Southwood to additional locations and in additional languages. Priority service areas to include the Downtown area and offered in Spanish. 2.2b. Coordinate with all child care service providers and families to ensure that start and end times of school, as well as school vacations, closure days and summer school offerings are planned with child care scheduling and availability in mind and with schedules available 6 months in advance. 2.2c. Ensure that elementary school enrollment (including TK) and child care registration functions are integrated with all school-age child care providers to provide seamless enrollment policies and service delivery for parents. Ensure that families know where their children are attending child care, elementary school, after- school care and summer care in advance to minimize stress and gaps in service. 2.2d. Participate in the Joint Advisory Committee of the Child Care Master Plan, JACCCMP (as described in Section 9 – Rec.1) to ensure both short-term and long terms child care needs (as related to school assignment, preschool and TK enrollment, existing and future child care service gaps) in SSF are addressed. 2.3. City of SSF to improve resources including: 2.3a. An enhanced website that provides SSF child care information, links to local resources such as 4Cs, seamless enrollment between SSFUSD and SSF P& R school-age after-school and summer programs and shared child care information for families, including how to access child care subsidies, how to access child care waiting lists. 175 39 SSF: CHILD CARE MASTER PLAN THE ART OF ASSESSING CHILD CARE NEEDS 2 2.4. Multiple partners (city departments, SSFUSD, private providers, etc.) to address identified child care needs in the “SSF Parent/Family Survey” as follows: 2.4a. Parent education around school selection opportunities, especially as related to selecting, registering and enrolling for school-age child care and summer programs for TK–5th grade. 2.4b. Support the expansion of school-age child care as a clear priority, ensuring that at least 50% of all enrolled students in SSF elementary school have access to child care after-school and in the summer (representing 957 additional child care spaces for school-age children). 2.4c. Ensure that school enrollment and child care enrollment is linked to meet identified gaps of: • School-age care, including anticipated after-school care for new TK students • Summer care • Care for children with special needs 2.4d. Support the development by parents of cooperative child care (no cost) and playgroups within SSF. 2.4e. Outreach to all SSF employers on how they can support the child care needs of employees, as well as information on existing family support policies, including family leave provisions, access to family benefits and other family friendly actions. 2.4f. Cultivate a network of family, friends and neighbor caregivers and parents with specific outreach events and opportunities for socialization for the adults and children in care. 2.4g. Proactive supports to families to encourage the family, friends and neighbors caring for their children to become licensed if interested and to participate in training, support opportunities and networks. 2.5. Support the provision of additional child care subsidies, at all age levels: 2.5a. Address the current gap for infant care for subsidized or reduced fee care for 361 infants of low-moderate income families. 2.5b. Address the current gap for preschool care for subsidized or reduced fee care for 157 preschoolers of low-moderate income families – ensure that Transitional Kindergarten is structured to address this gap. 2.6. Address the current shortage of child care resources for children of all ages west of El Camino Real, and in the Westborough, Buri Buri and Winston Manor neighborhoods: 2.6a. Support community solutions to current preschool, infant/toddler, school-age gaps in child care availability in specific neighborhoods listed. Solutions must include a mixed service option including full-fee and reduced fee options. 2.7. Inclusion of parents and guardians of young children as a priority group in the 2021 SSF Racial and Social Equity Plan based on disproportionate impacts faced by families: 2.7a. Include parents with children as equity focus population by creating opportunities for all parents to gather to support parenting practices, child care information, resource sharing, engage in peer mentoring opportunities and share supports. 2.8. Ensure that as Transitional Kindergarten is expanded throughout South San Francisco for all 4-year-olds, that: 2.8a. A collaborative, community-based planning process is utilized to maximize TK participation by all families. That after-school care is available and appropriate for all 4-year-olds and is available to meet the needs of working parents (to 6PM). 2.8b. That a mixed delivery system offered in partnership with existing providers is prioritized. 176 40 SSF: CHILD CARE MASTER PLAN THE ART OF ASSESSING CHILD CARE NEEDS 2 Recommendations for Assessing and Addressing Future Child Care Needs Based on City Growth Projections 2.9. Provide incentives for locating child care in Lindenville and East of 101 in both residential and business complexes immediately, due to the length of time to build out, construct or renovate facilities. 2.10. Address projected long-term gaps in child care resources in Lindenville, East of Hwy 101, by exploring child care development in adjacent city-owned facilities. For facilities in the Downtown area (such as Civic Center Annex), traffic impacts, noise mitigation from playground use, and mixed- age delivery requirements need to be considered. 2.11. Current needs in Downtown area include child care for infants and toddlers (including those of SSF employees), heavily subsidized infant, toddler and preschool offerings for income eligible families in the area, and reduced cost child care services for moderate income families. Future needs include all fee option services for commuting employees (transportation considerations for those East of Hwy 101) and for new residents of Lindenville and adjacent properties. Current and future needs are not necessarily aligned but a common denominator is to develop and build-out a multi-age facility for infants, toddlers and preschool-age children specifically, with vendor requirements for subsidy levels. 2.12. Subsidize land costs for child care facilities and conduct a land survey of publicly owned parcels that can be utilized for child care in high growth areas. 2.13. Ensure that a percentage of future housing units are appropriate for licensed family child care with ground floor access, fenced outdoor space, designated entryways and mitigating sound barriers, indoor and outdoor space appropriate for numbers of children served. 2.14. Create child care that is walkable from either home or work or located at major transportation hubs (BART, CALTRAIN, FERRY, etc.) and consider the feasibility of walking based on weather, items that must be transported or carried, and ages and portability of children when delivering children to school or child care. Minimizing traffic impacts related to child care pick-up and delivery requires consideration of how far parents can or will walk with young children or infants in tow. 2.15. Utilize the Joint Advisory Committee of the Child Care Master Plan (as described in Section 9 – Rec. 1) to discuss transportation, traffic impacts, child care and public school needs for an additional projected 1,200 –1,500 children residing East of Hwy 101 or in Lindenville by 2030 (within newly created housing). Elementary school locations and assignments impact child care choices. 2.16. Utilize the Joint Advisory Committee of the Child Care Master Plan, JACCCMP (as described in Section 9 – Rec. 1) to review total growth projections which include an additional 2,000 children under 12 years old residing in all neighborhoods throughout SSF AND the commuter patterns of employees with young children (infants to 4 years especially) who commute to child care near workplaces. With explosive employment growth projected in this area, accommodations for the children of employees need to be considered immediately. If only 1% of the projected workforce commutes with their young children to work, an additional 1000 child care slots will be needed by 2030, predominantly for infants and toddlers. 177 41 SECTION 3Overview of SSF from a Child Care Lens 178 42 SSF: CHILD CARE MASTER PLAN OVERVIEW OF SSF FROM A CHILD CARE LENS 3 Definitions of Child Care – Regulations and Requirements 29 https://childcarelaw.org/wp-content/uploads/2014/06/Know-the-Law-About-License-Exempt-Child-Care-in-California.pdf Defining the child care landscape begins with a definition of child care. In California, child care services are regulated or exempt from regulation based on a number of factors, including structure, where services are offered, ages and numbers of children served and if subsidies are available 29. Child care programs are regulated by the California Department of Social Services, Community Care Licensing – Child Care Division, Title 22 of the Health and Safety Code, and the types of child care in California are defined as follows: Child Care Centers: A Child Care Center (or Day Care Center) is usually located in a commercial building (including churches, public or private school classrooms, business parks or recreation centers). Non-medical care and supervision is provided for infant to school age children in a group setting for periods of less than 24 hours. Family Child Care Homes: A Family Child Care Home must be in the licensee’s own home. The licensee must reside in the home. A Family Child Care Home reflects a home-like environment where non-medical care and supervision is provided for periods of less than 24 hours. The types are: • Small Family Child Care Homes provide care to no more than 8 children. • Large Family Child Care Homes provide care to no more than 14 children. Both small and large family child care homes may employ staff or family members to care for children in addition to the licensee(s). A licensee’s children count within the care ratio. Large family child care homes are usually required to have additional caregivers if the group size of children exceeds a specific number, if the children served are infants or toddlers and exceed a specific number or if additional supervision is needed, as defined in regulation. License Exempt Child Care: California’s child care regulations are intended to promote children’s health and safety in licensed child care facilities. However, families and providers should understand that state regulations exempt certain types of providers from licensure, meaning they can operate legally without a license. Licensed providers have undergone an application and review process with Community Care Licensing and are required to comply with certain health and safety regulations. While license-exempt care is not regulated by Community Care Licensing, there may be other governmental agencies that monitor their activities. Four main groups of child care providers are exempt by the state from obtaining a child care license: 1. Individuals who care for the children of a relative, or who care for the children of only one other family in addition to their own children and certain parent cooperatives, in which families rotate care on an unpaid basis are also exempt. Nannies caring for children in the child’s home, relatives caring for family members, and parents “sharing care” on an unpaid basis are examples of care that is exempt from licensure. 2. Public as well as private non-profit programs that offer recreational services: ›Recreational services for school-age children can include classes and programs (like dance, sports or music) or drop- in child care for school-age children, where children check in and out themselves. These programs include some community programs as well as some parks and recreation programs. “Public recreation programs” means a program operated by the state, city, county, special district, school district, community college district, chartered city, or chartered city and county that meets either of the following criteria: ■The program is operated only during hours other than normal school hours for grades K-12, in the public school district where the program is located; OR ■Operated only during periods when students in grades K-12, are normally not in session in the public school district where the program is located, for either of the following periods: -For under 16 hours per week OR -For a total of 12 weeks or fewer during a 12-month period. This total applies to any 12 weeks within any 12-month period. ›After-school programs operated by public or private schools and only serving the elementary school children attending that school are typically exempt from licensure. 179 43 SSF: CHILD CARE MASTER PLAN OVERVIEW OF SSF FROM A CHILD CARE LENS 3 Since many recreational after-school programs are offered for more than 16 hours a week AND for more than 12 weeks within a 12-month period, including the SSF Parks and Recreation Programs, the school age-after-school programs are typically licensed. The 12-week exemption from licensure usually exempts most summer programs offered by public entities or non-profits that offer recreational programs. 3. Businesses that offer limited child care to their clients and customers. These programs usually require that the parent or guardian remain on the premises and that they remove their children within a specified amount of time. This type of care ranges from a health club or gym that has a supervised playroom for use while parents or guardians are using the facilities or an employer that offers child care for employees while they are shopping, or working on-site. Temporary Tot Tending in SSF, actually began services many years ago in the Serramonte Mall as a temporary child care service for shoppers! 4. Programs that are overseen by state agencies other than Community Care Licensing. For example, organized camps that are overseen by the Department of Public Health. Because camps, (under Health and Safety Code Section 18897) typically operate for more than 24 hours, they are not considered, “child care” and are regulated differently as are group homes, foster care providers, boarding schools and other programs. Two pieces of 2022 proposed legislation that may impact the exemptions related to recreation programs include: • SB 1289-Ochoa Bogh; which would exempt all private recreation programs from requiring child care licenses. • AB 1737-Holden; which would require certain camps (including day camps) to complete specific screening requirements. Local Resources and Contact Information Community Care Licensing, Child Care Division San Bruno Regional Office #05 851 Traeger Avenue, Suite 360, MS 29–24 San Bruno, CA 94066 Phone: (650) 266-8800 FAX: (650) 266-8847 Counties Served: Marin, San Francisco, & San Mateo Information on regulations, individual facility licenses (including visit and violation findings) are available online at: https://cdss. ca.gov/inforesources/child-care-licensing Child Care Coordinating Council 330 Twin Dolphin Drive, Suite 119 Redwood City, CA 94065 USA Phone: Monday to Friday from 9:00 a.m.–4:00 p.m. (650) 517-1460 and (650) 517-1461 (Español) Counties Served: San Mateo County Provides child care referrals and additional information and services for child care centers and homes. Online Child Care Data Base: https://sanmateo4cs.org/families/child-care-referrals/ California Department of Education Early Learning and Care Division 1430 N Street, Suite 3410 Sacramento, CA 95814 Phone: (916)-322-6233 Fax: (916)-323-6853 Area Served: State of California The California Department of Education (CDE), regulates child care under Title 5 which define program operations requirements for recipients of child care services funds made available through contracts with CDE at – such as state preschool programs. https://www.cde.ca.gov/sp/cd/ Child Care and Development Division, CDSS 744 P Street M.S. 9-7-354 Sacramento, CA 95814 Phone: (916) 651-8848 Area Served: State of California The California Department of Social Services (CDSS) regulates a range of child care programs including, CALWORKS, CCTR, Alternative Payment Vouchers, the Child Care Food Programs and others. https://cdss.ca.gov/inforesources/child-care-and- development 180 44 SSF: CHILD CARE MASTER PLAN OVERVIEW OF SSF FROM A CHILD CARE LENS 3 San Mateo County Health Department 222 W. 39th Avenue San Mateo, CA 94403 Phone: (650) 573-2222 Fax: (650) 573-2950 SSF Phone: (650) 573-2764 ENV Services: (650) 372-6200 Area Served: San Mateo County San Mateo County Health Department regulates sanitation, health and safety concerns, provides COVID information and response and inspects kitchen requirements in child care programs. Child Protective Services (CPS) County of San Mateo Human Services Phone: 650-595-7922 or 1-800-632-4615 or 911 for immediate assistance. Area Served: San Mateo County CPS investigates child abuse of all types. Any individual can call to report suspected abuse. Child care providers, teachers, medical professionals, and others, are mandated reporters and must report their observations or suspicions to CPS. Law enforcement can also respond to reports. South San Francisco Fire Department – Fire Prevention 480 North Canal St. South San Francisco, CA 94080 Phone:(650) 829-6645 Fax: (650) 877-8537 Area Served: South San Francisco https://www.ssf.net/departments/fire/fire-prevention The State Fire Marshall regulates fire safety requirements and the South San Francisco Fire Department enforces requirements. Typically, a fire clearance is needed for most child care centers and large family child care homes (serving over 8 children including the providers children). Fire regulations and guidance regarding fire clearances can be found by contacting SSF Fire and at: https://osfm.fire.ca.gov/media/d5jhxl1d/ib_day_care_ guidelines_osfm-final.pdf 30 https://www.acf.hhs.gov/sites/default/files/documents/opre/characteristics_of_home_based_early_care_and_education_toopre_032416.pdf Business Licenses for Child Care Centers in SSF City of South San Francisco Finance Department 400 Grand Avenue SSF, CA 94080 Phone:(650) 877-8505 Area Served: South San Francisco https://www.ssf.net/departments/finance/business-license- information South San Francisco requires that those doing business in the city obtain a Business License, however, this applies only to child care centers, as effective January 1, 2020, all family child care homes are exempt from business license fees and requirements. An explanation of SB 234, and the protections for family child care as a residential use can be found at: https://www.childcarelaw. org/sb234-resources/sb-234-faqs-for-family-child-care- providers/ TrustLine Area Served: California Phone: (800) 822-8490 http://www.trustline.org Trustline provides fingerprinting, background checks and criminal records clearances for exempt care providers (nannies, neighbors, friends, etc.) and is California’s registry for license-exempt child care providers. As all licensed child care providers have been fingerprinted, Trustline provides this service to exempt care providers and those registered have been cleared through a check of criminal records by the California Department of Justice and the Federal Bureau of Investigation (FBI). Because, typically up to 40% of all child care placements in this country are with licensed exempt care, like friends, relatives, neighbors, nannies 30, etc., It is important to include this type of care when looking at the landscape. As they are not regulated, they may be hard to find or categorize. Families with infants, children in diapers, children with special needs and those with parents that work non-traditional hours (evenings, weekends, extended shifts) may only be able to use unregulated care, because traditional care is not available. This type of care grew during the COVID pandemic as families were unable to secure regulated care or had reduced work hours or worked from home, requiring different arrangements. Many families secured temporary help from neighbors and relatives and friends due to COVID concerns. As vaccines become more widely available for children and COVID spread is lessened or becomes more manageable, child care placements should begin to shift. 181 South San Francisco Child Care Landscape in 2021 45 SSF: CHILD CARE MASTER PLAN OVERVIEW OF SSF FROM A CHILD CARE LENS 3 Understanding Landscape – Supply and Programs in 2021 The child care landscape within South San Francisco, as of September 2021 is rich and varied. Legacy child care programs (some in operation for decades), co-exist with new programs that have opened in the last two years. A supply of licensed family child care homes located throughout the city serve a range of scheduling, language and family support needs. Child care centers offering language immersion, dual-language learning, church sponsored and affiliated programs, recreational programs, and those that serve specific populations based on income eligibility criteria allow for a healthy mixed delivery landscape. Small centers located in residential areas contrast with the large cluster of employer-supported and commercial area child care programs located east of Hwy 101. Exempt, home-based child care usage, though not “map-able”, account for 36% of child care utilization of those responding to the survey. 56 licensed or license-exempt child care centers providing spaces for: 53 licensed family child care homes of which: 2210 Preschool age children 32 are licensed as large family child care homes serving up to 14 children total with 448 spaces446 Infants 21 are small family child care homes, serving up to 8 children with 168 spaces 1614 School-age children 4,886 Spaces for child care – birth to 12 years in all licensed and exempt centers and licensed family child care homes 36% of families in SSF that use unregulated or license-exempt home-based care (family, friends, neighbors, nannies), of those responding to the “SSF Parent/Family Survey” 182 46 SSF: CHILD CARE MASTER PLAN OVERVIEW OF SSF FROM A CHILD CARE LENS 3 Types of Child Care Utilized by SSF Families SSF Child Care Master Plan “SSF Parent/Family Survey” Question #8: Do you use child care? Type? Q8: Do you currently use child care? If so, check all that apply. Answer Choices Responses %Number Relative, Friend or Neighbor 32.33%311 After-School Child Care Program 30.77%296 Preschool – Child Care Center 23.18%223 Do not use any child care 20.37%196 Parents or family members stagger or schedule work hours, so care is not needed 17.36%167 Summer Program 17.05%164 Licensed Family Child Care Provider (in their home)7.48%72 Currently on Family Leave 4.05%39 Nanny or Exempt Care Provider (in your home)4.05%39 Total Respondents: 962 While the national average of exempt in-home care use is 40%, in SSF the percentage of families responding to the child care survey and indicating they use license exempt, in-home family, friend or neighbor or nanny child care is 36%. 17% of respondents indicated that they were staggering work hours between family members so child care was not needed and 20% of SSF respondents indicated that they were not currently using any child care. This number is higher now due to the current COVID pandemic and its impacts on employment, child care availability and health and safety concerns. While family child care is a permitted use in all residential homes of any type (including townhouses, condominiums, single family homes, etc.) as long as the licensee resides in the home, as of January 1, 2020, when SB 234 was passed, large family child care homes are now also a permitted use in residential areas and cannot be prohibited if they obtain a child care license and a Fire Clearance certificate. As of January 1, 2020, family child care homes are also exempt from obtaining a business license or zoning change fee. An explanation of the changes can be found at: https://www.childcarelaw.org/sb234-resources/sb-234-faqs-for-family-child-care-providers/ At least one licensed child care center in SSF closed during the COVID pandemic. RW Drake Preschool on Southwood, had been operational since the 1970s, permanently closed in 2020 and two child care centers reported being closed temporarily in Fall 2021. A number of family child care homes were temporarily closed also and some have not yet re-opened. Due to the COVID pandemic, child care programs were required to serve fewer children and reduce capacity to enable social distancing. This was not feasible financially for many programs. Additionally, due to the lack of available staff, programs were forced to either temporarily close or reduce services. Additionally, some parents and guardians engaged in remote work and some took leaves or left jobs due to health concerns, shelter-in-place mandates and lack of child care or in-person K-12 school availability. Clearly, many individuals lost jobs during the pandemic, as the unemployment rate in SSF grew from 2.20% in February 2020, to a high of 15.30% in April 2020, and back to 3.41% in December 202131. 31 https://ycharts.com/indicators/south_san_francisco_ca_unemployment_rate 183 47 SSF: CHILD CARE MASTER PLAN OVERVIEW OF SSF FROM A CHILD CARE LENS 3 The San Mateo County Child Care Partnership Council and the County Office of Education conducted a subsidized care survey and surveyed programs for vacancies in 2021 to assess enrollment trends impacted by the COVID pandemic. The “Data on Subsidized Preschool Report”32 described vacancies in South San Francisco. Data indicates that families are not yet returning fully to formal preschool. Programs serving families of all incomes are reporting higher vacancy rates. According to a survey conducted by the SMC COVID-19 Child Care Response Team in April 2021, preschool providers in South San Francisco who responded to the survey had seen their enrollment drop from 1,324 children pre-COVID to 859 enrolled in March 2021, a 35% decrease in enrollment. Of the licensed family child care homes, it is also difficult to ascertain the true number that are actually operational. Typically, providers may maintain a license, yet not be accepting any children, or may become licensed but not yet open for business. It is estimated at any one time, up to 40% of licensees are not 32 https://www.smcoe.org/about/child-care-partnership-council/child-care-subsidy-program.html providing services. This number is especially relevant currently, as the COVID pandemic has destabilized the child care industry. Both child care centers and family child care homes that are required to be licensed (non-exempt) are regulated by child care licensing standards. While there are over 66 licenses issued in South San Francisco for family child care, according to DSS, Child Care Licensing Division and the Child Care Coordinating Council of San Mateo County, Resource and Referral Data, only 53 were verifiable as being operational at some time, based on phone contact, emails, referral availability and social media presence. Of the 53 identifiable programs, only 20 responded to the child care provider survey issued for this report, despite phone and email attempts. Additionally, as all family child care home addresses are protected by law from being available without permission, only general neighborhood location information is typically available, not a mailing address. Finding Child Care for Children with Special Needs Special needs in children can range from speech delay and hearing loss, to short and long -term medical illnesses, to chronic, severe, and life -threatening conditions. Autism, dyslexia, cerebral palsy, post-surgical care, behavioral needs, and even allergies and food sensitivities can all be classified as a special need. Most children in fact, experience periods in childhood where accommodations of some type are needed. Child care providers are typically able to accommodate common, temporary and mild to moderate special needs and child care teachers and providers need ongoing training to ensure familiarity with the identification process, including understanding the provisions of an Individualized Educational Plan (IEP) and how to make needed environmental and programmatic modifications to support specific needs. Child care programs in South San Francisco generally accommodate a range of special needs including food allergies, medical conditions and mild to moderate identified needs, however, none specifically advertise specialized services for special needs children, other than the “Full of Fun Camp” operated by SSF P&R specifically for special needs teens and older children. Child care staff in fact, are key in recognizing developmental differences and referring families to seek consultation and resources for emerging needs. For behavioral, learning and other key needs, early identification and early intervention is critical. Early referrals to medical professionals and the SSFUSD as well as the San Mateo County Office of Education for assessment and services can result in improved outcomes. Child care teachers and providers observe and interact with many children of similar ages and can often spot differences or developmental delays that others may miss especially before children enroll in Kindergarten. While school-based services are available and in fact, mandated for children with qualified special needs, it is often part-time and part-day. Depending on the specific need, services may be located in other areas of the county. There is no child care in South San Francisco designated for children with severe special, medical and behavioral needs. South San Francisco also does not have a specified sick child care program for children with temporary or chronic illnesses. As 8% of survey respondents indicated needing care for a child with special needs, this service gap needs to be filled, as parents and guardians of children with special needs also need to work, attend school, and care for other siblings. As the COVID pandemic shifts and eases, child mental health concerns, learning loss, and social and emotional needs are beginning to emerge. Incorporating all children in child care programs by providing inclusive environments with trained professionals will be key in meeting emerging and identified needs. 184 48 SSF: CHILD CARE MASTER PLAN OVERVIEW OF SSF FROM A CHILD CARE LENS 3 Mapping Child Care in SSF – Interactive GIS MAP In 2021, SSF GIS Mapping created an interactive child care map for the Child Care Master Plan. Available at: ssf.net/childplan This map shows the locations of all licensed and exempt child care centers as well as family child care home locations by neighborhoods (as FCC addresses are protected from public viewing). The locations of SSFUSD schools, relative sizes of child care centers, types of programs, ages served and proximity to landmarks are viewable. The SSF Parks and Recreation, Child Care Master Plan website is ssf.net/childcareplan B a de n S o u t h S a n F r a n c i s c o T a nf oran Colm aCreek Colma Creek 0 0.5 10.25 mi 0 0.75 1.50.38 km Alta LomaMiddle JuniperoSerraElementary SkylineElementary El CaminoReal High MillsMontessoriElementary SunshineGardensElementary HillsideChristianAcademyElementary ParkwayHeightsMiddle Buri Buri Elementary MartinElementary All Souls Elm. – Middle SpruceElementary South San Francisco High Los Cerritos ElementaryBadenHigh PonderosaElementary Monte VerdeElementary WestboroughMiddle St Veronica’sElementaryElm. – MiddleSAN FELIPEDUVAL DEL M O N T E AL T A L O M A GELLERTC A L L A N A LH AM B R A VALVERDEFAIRWAYCUESTAAVALO N GRANA DA PONDER OSA HAZEL W O O D CANAL GRAND M I S S I O NMILLER MI S S I O N GRAND SCHOOL FORBES ACCESS E G R A N D ECCLESUTAH MITC H E L LHI L L S I D E PARK VICTORY MAPLEAIRPORTGATEWAYALLERTONHARBORSHAWLITTLEFIELDHARBORSPRUCEMAPLELINDENORANGECHESTNUTEUCALYPTUSALTA VISTAARROYOARLINGTONCAMARI T A S JU NIP E R O S E R R A EL CAM INO REA L US 101BAYSHORE FWYEL C A M IN O R E A LJUNIPERO SERRAJUN IPERO SERRA H I C K E Y W E S T B O R OUGHHILLSI D E SISTER C I T I E S OYSTER POINT I-280 WESTB O R O U G HJUNIPERO SERRAFOREST VIEWWESTVIEWEVERGREENHOLLYHI C K EYHICKEY All SSF Child Care Facilities Enrolled Students in SSF P&R Preschools Waiting List Students in SSF P&R Preschools Enrolled Students in all SSF P&R Afterschool Programs 185 49 SSF: CHILD CARE MASTER PLAN OVERVIEW OF SSF FROM A CHILD CARE LENS 3 City Waiting List Data for South San Francisco Parks and Recreation Department Preschool Child Care Programs, January 2022 33 https://first5sanmateo.org/wp-content/uploads/2017/06/Brion-Executive-Summary-Early-Learning-Facilities-Study-2016.pdf Additional maps show distribution of families enrolled in SSF P&R city programs and the distribution of families waiting on the SSF P&R city-sponsored child care preschool and school-age program waiting lists. The waiting list for city-administered preschool programs is lengthy. In additional to program quality, location and services offered, preschool programs at Westborough and Siebecker Center are between 45%–60% less than the average cost of preschool care, in effect offering partially subsidized child care to a prioritized list including South San Francisco residents, SSF city employees, siblings of those in care and those working in SSF. It is likely that many of the families on the waiting lists are in fact using child care. A survey of waiting list families specifically, could illuminate the current child care situations of these families. Once employment is stabilized, and the COVID pandemic eases, more predictable utilization patterns can be assessed. The reduced tuition costs and quality of the city programs ensure long waiting lists which cannot be interpreted to mean child care is not currently being utilized, rather, it means families would change care if it became available. The SSF P&R offers an additional preschool site at Little Steps on Tamarack Lane. It serves 20 children and the waiting list process is separate as it is a BIG LIFT subsidized preschool site offering state and locally funded care on a sliding scale. Families must be income eligible to qualify for Little Steps. The total preschool capacity for Parks & Recreation Department preschool services is 134 children at three sites. Why Waiting Lists? According to the Brion Economic, Early Learning Facilities Needs Assessment, 201633, waiting lists for child care services serve to gauge both supply and demand, and also identify gaps in services. Pre-COVID, in 2016, 69% of all of the programs in San Mateo County that responded to the survey had waitlists. Over 3,500 children in San Mateo County were identified as waiting for care. Additionally, all full-time infant toddler programs were full, and 88% of the preschool programs were full. Part-time programs for infants/toddlers and preschoolers were at 82% and 75% of target enrollment respectively. In South San Francisco, waiting lists were common for all programs prior to the pandemic. Despite the current pandemic, both SSF P&R and SSFUSD child care programs have long waiting lists, as do many of the child care centers, including the large employer supported and employer co-located programs east of Hwy 101. Distribution of Children on the SSF P&R Preschool Waiting List 678 Total children on the waiting list, breakdown by age groups as follows: 170 Pregnant/Birth – 1-year-olds waiting for care in 2023, 2024, 2025, 2026 182 2-year-olds waiting for care in 2022, 2023, 2024, 2025 195 3-year-olds waiting for care in 2022, 2023, 2024 108 4-year-olds waiting for care in 2022, 2023 23 5-year-olds waiting for care in 2022 186 50 SSF: CHILD CARE MASTER PLAN OVERVIEW OF SSF FROM A CHILD CARE LENS 3 Available Child Care Subsidies There are no centralized, cross organizational child care waiting lists for families in San Mateo County. Parents and guardians must sign up for multiple waiting lists on their own and the waiting lists for subsidized care are long. Centralizing this effort would be helpful for families as they search for child care. Finding subsidized child care and signing up for waiting lists are even more challenging. Because children remain in subsidized care until they age out, move away or become ineligible due to income gains, there is little movement in subsidized programs and children can wait on eligibility lists for months to years. Total child care programs in SSF that offer subsidies: • 2 Infant care centers – providing 61 subsidized spaces • 11 preschool centers (9 with state or federal contracts and 2 that offer tuition reductions for all attendees) – providing 418 subsidized spaces • 3 school age centers and 3 exempt care programs that offer minimal fee care for all attendees providing 210 subsidized spaces and 310 minimal cost exempt care programs • 73 total Transitional Kindergarten spaces available to 4-year-olds in SSFUSD34 19–20 SY (110 available in 2021) • 836 projected number of eligible 4-year-olds (2019–2020) for Transitional Kindergarten (depending on birth dates and windows of eligibility) Funding Program Type with Subsidies in SSF Funding Program Subsidies in SSF Full-Day Center (CCTR)Yes CA State Preschool (CSPP) Full-day Yes CA State Preschool (CSPP) Part-day Yes CSPP Part-day blended w/Head Start (Full Day spaces)Yes FCCH Networks No Migrant No ASES – After School Yes Handicap Program No California Alternative Payment (voucher)Yes 34 https://www.smcoe.org/about/child-care-partnership-council/child-care-subsidy-program.html Funding Program Subsidies in SSF CalWORKs Stage 1 Yes CalWORKs Stage 2 Yes CalWORKs Stage 3 Yes Head Start (Part Day spaces)Yes Early Head Start Yes Other: After School Education & Safety (ASES)Yes Other: The Big Lift Full Day Yes Other: The Big Lift Part Day Yes Transitional Kindergarten Yes 187 51 SSF: CHILD CARE MASTER PLAN OVERVIEW OF SSF FROM A CHILD CARE LENS 3 35 https://www.smcoe.org/about/child-care-partnership-council/ The majority of child care centers that offer subsidized child care in SSF have CCTR and/or CSPP contracts with CDE or CDSS through a sub-contract with the San Mateo County Office of Education. According to Sarah Kinahan, San Mateo County Office of Education, SMC CCPC Coordinator, she estimates that in 2019–2020, the state funded approximately $3.4 million to center- based providers of infant, preschool and school age care in the City of South San Francisco through CSPP and CCTR contracts, plus approximately $1 million in federal funding for Head Start/ Early Head Start and approximately $1.2 million in vouchers through CalWORKS and the Alternative Payment Program. Federal Headstart subsidies are available through IZZI, for the program in South San Francisco. According to Christine Thorsenstein, Silicon Valley Community Foundation, “In 2019–2020, BIG LIFT partners, SSFUSD, SSF P&R and IZZI received preschool support funds including attendance support and quality coaching from San Mateo County Office of Education of approximately $2,900,000. The Big Lift “Inspiring Summers” program including a direct contract with SSFUSD and services supplied by San Mateo County Libraries, received approximately $1,250,000”. Community Equity Collaboratives distributed a total of $1,099,169 to SSF child care providers for COVID child care and support for the essential workforce and for learning hubs for school-age children when schools were not open for in-person instruction in 2020-2021. According to Tanisha Hughes, 4Cs San Mateo County, “In 2019, 128 children from 81 families in SSF received Alternative Payment Program subsidies. In 2020, 153 children from 98 families received APP subsidies”. APP vouchers can be used at child care programs that meet certain guidelines and requirements and the waiting list is long to receive APP subsidy consideration. CalWORKS child care is minimally used in San Mateo County and in fact has the 2nd lowest utilization rate in California. While family eligibility remains high, CalWORKS subsidies for child care are under-awarded as compared to the numbers of eligible families. According to the CDE, ASES – After School Education and Safety Program budget projections released in 2021, SSFUSD was eligible to receive $1,120,000 for after school programming in 2020–2021 and was eligible to receive an additional award of $1,339,000 for the new ELO-P after-school programs. This reflects a total of approximately $13,308,169 for state and federal subsidies utilized in South San Francisco for the 2019–2020 year. As state and federal contracts need to be earned (utilized by eligible children), it is possible that less was available or earned due to the instability of child care utilization during this time period. These estimates do not include current and expanding funding available for Transitional Kindergarten, (in the amount of approximately $200,000 for the 21–22 year), or other private or philanthropic scholarships, fee reductions or discounts for child care fees. Other subsidies available in South San Francisco include the fee reductions available through the SSF Parks and Recreation program preschools, which provide all participants (SSF resident and city employee priority) with reduced tuition. Based on the gap between supply and need for subsidized preschool and school age care, by zip code, 94080, SSF is one of the nine SMC CCPC35 Priority #1 (one) zip codes for developing and needing new subsidized child care spaces in San Mateo County. Zip codes are ranked with #1 being the most critical in terms of child care needs. 188 52 SSF: CHILD CARE MASTER PLAN OVERVIEW OF SSF FROM A CHILD CARE LENS 3 SSF Child Care Provider Survey In September 2021, a child care provider survey was released specifically to inform the CCMP SSF. Respondents were surveyed about a range of needs, program descriptors and status. 53 survey respondents consisting of those from SSF child care centers (both licensed and exempt) and licensed family child care homes completed the survey. Completions represented 78% of the 56 child care centers (36 respondents) in SSF and 37% of the 53 licensed family child care homes (20 respondents) and the survey was available in English and Spanish. It is probable that the response percentage is higher, as of the 53 family child care licensees that had operational phone, email, advertising presence or were registered with 4Cs, a significant number were probably non-operational due to COVID limitations and enrollment drops. For full survey details see: https://www.ssf.net/home/showdocument?id=26460&t=637878736167532836 Significant survey data for this section includes: Q8: What are your greatest challenges in operating a child care business in South San Francisco? Check all that apply. Answer Choices Responses %Number Parents cannot afford the child care 50.00%24 COVID requirements 50.00%24 Need assistance renovating, expanding, repairing or updating my facilities 43.75%21 Not enough facilities or space to expand 41.67%20 Need help providing the equipment, materials and supplies needed 35.42%17 Hard to find families for my program 31.25%15 The COVID Pandemic has changed my options 31.25%15 Hard to find information on opening or expanding a child care program in SSF 20.83%10 Cannot afford to maintain, renovate or upgrade my building 16.67%8 The regulations for child care are confusing 10.42%5 Other challenges (please specify)8.33%4 Difficulty in enrolling for community college classes 0.00%0 Total Respondents: 48 Responses ranged from COVID impacts to families not being able to afford child care to challenges with expansion, renovation and securing funding for materials and equipment and finding information. Findings have been utilized to formulate recommendations at the end of this section. 189 53 SSF: CHILD CARE MASTER PLAN OVERVIEW OF SSF FROM A CHILD CARE LENS 3 Q9: How can the City of South San Francisco support your child care business? Check all that apply. Answer Choices Responses %Number Help families living in SSF find child care 69.57%32 Provide financial support to families that cannot afford child care 65.22%30 Elevate child care as a vital service in SSF 65.22%30 A website for SSF child care 54.35%25 Assistance in finding and paying staff 52.17%24 Connect SSF child care programs to resources 50.00%23 Provide financial support to child care centers and family child care homes for child care equipment, materials, renovation or facilities 47.83%22 Inform employers in SSF about child care options for their employees 43.48%20 Provide more information on operating a child care business in SSF 32.61%15 More multi-lingual resources 21.74%10 Other ideas (please specify)0.00%0 Total Respondents: 46 Responses clearly fell into two primary categories. 69% of respondents prioritized helping families find child care with a range of requests related to providing more information, resources and advocacy for local programs. 65% prioritized helping families find child care resources to help them pay for child care services. Findings have been utilized to formulate recommendations at the end of this section. Supporting Start-up – Facilities Needs and Inventory According to the Brion Early Learning Facilities Study of 2017, conducted by Brion Economics36, 121 child care administrators in San Mateo County responded to a facilities inventory study and indicated the following: • Half of providers surveyed owned their own building, with an average ownership tenure of 30 years. • Facility locations consist of: faith-based sites (29%), school district campuses (23%), converted commercial buildings (16%), converted residential buildings (16%), city owned facilities (11%), and a few sites built for specifically for child care (4%) or as an adjunct to an apartment building (3%). • Of the 63 providers which rent their facilities: ›11 sites anticipate issues renewing their lease or know they will have to relocate. ›4 reported that increased rents were forcing them out of their current location. ›2 reported that their hosting school districts were no longer offering space. • In the Brion Study, the top three challenges to expanding child care facilities were: ›Lack of suitable facilities. ›Lack of expansion funding. ›Lack of adequate staffing. 36 https://first5sanmateo.org/wp-content/uploads/2017/06/Brion-Executive-Summary-Early-Learning-Facilities-Study-2016.pdf 190 54 SSF: CHILD CARE MASTER PLAN OVERVIEW OF SSF FROM A CHILD CARE LENS 3 While currently, workforce shortages pose the greatest threat to child care efficacy, (as detailed in the “Workforce” section of this report), the lack of suitable and affordable facilities coupled with the thin margins of operational budgets poses a significant challenge. As noted above in the 2021 “SSF Child Care Provider Survey”, current child care operators in SSF cited a number of facilities related challenges, including needing support for securing sites for expansion, and securing funds for repairs, equipment, building upgrades and renovations. In South San Francisco, facilities are primarily located in licensed family child care homes (rented and owned), in SSFUSD owned facilities, in churches and faith-based facilities (rented and sponsored), in smaller commercial buildings and storefronts (typically rented or leased), in city-owned facilities (primarily Parks and Recreation buildings or city facilities) and in larger employer supported properties (typically employer or city owned), east of Hwy 101. The high costs of housing impacts not only families, as noted in the “Assessing Needs” section of this report, but also commercial business operators. Child care displacement and rent increases that threaten continued operations are ongoing challenges. Additionally, school district and church properties, while heavily utilized, often have deferred maintenance and repair needs that are significant. Ensuring that funding is available for displacement prevention and building upgrades and repairs across public and private ownership is essential for maintaining healthy and safe environments for children. Family child care providers also have a range of facility needs and need support for repairs, upgrades, renovations, and emergency expenditures. Ensuring that current child care providers are not displaced is a priority strategy, so supports for both family child care home providers and child care center licensees that lease or rent existing facilities is critical. Pathways to ownership, securing long-term leases and public/private partnerships that help with ongoing facilities costs are needed in a community where average housing costs in 2021 are almost $1,300,000 to own a home and $2900/month to rent a 2-bedroom apartment37. According to an article about Build Up, San Mateo County and its findings in “Forward Talent/US Chamber, 2015”, in San Mateo County, there is a significant struggle for real estate. “Child care businesses operate on tight budgets and demand for housing and office space often prices child care out of the market. In 2015, San Mateo County land cost $84 to $122 per square foot. To meet licensing requirements, there must be at least 35 square feet per child indoors and 75 square feet per child outdoors – a total of 110 square feet per child. To create only one classroom of 20 children at a total of 2,200 square feet, the cost for the land alone ranged from $184,000 to $268,400. This did not include building, materials, equipment or programming costs. The cost to build one child care space in the county is $40,711!”38 Maintaining the existing stock of child care within SSF is a priority for ensuring continuity of services. Another key strategy includes continually assessing the city for available facilities that may be suitable for child care conversions or uses. When assessing facilities for general child care center suitability, a knowledge of CA DSS; Title 22, Child Care Licensing regulations is critical. Advisable characteristics include: • Significant usable and fenced outdoor space (75 sq. ft./child) as compared to indoor space at 35 sq. ft./child. • Ground floor access and location are highly preferable. • Ability to add additional sinks & toilets, office space & kitchen space. • Secure and designated access and entry spaces for program-only. • Safe and environmentally suitable for children, ie. not in close proximity to excessive noise, traffic, air pollution, industrial utilization (unless mitigated). • Commercial/school/church/recreation use designation due to traffic, parking and neighborhood impacts. Current tenants, restrictions, existing leases, incompatible uses and limited interest all impact a child care facility’s appropriateness for child care use. 37 https://www.bestplaces.net/cost_of_living/city/california/south_san_francisco 38 https://www.forwardontalent.org/stories/buildup-smc/ 191 55 SSF: CHILD CARE MASTER PLAN OVERVIEW OF SSF FROM A CHILD CARE LENS 3 A visual facility inventory of existing properties was conducted to provide possible future expansion possibilities for child care in SSF. Locations listed on the following page have some of the essential elements needed for future child care use, but may have insurmountable barriers that make sites un-usable. SSFUSD classrooms in under-utilized locations including on high school or middle school campus locations seem promising. Additionally, the unincorporated areas (San Mateo County) of SSF have multiple parcels of property currently utilized as churches and care facilities that could be zoned and appropriate for child care use. As of December 2021, on the SSF Development and Construction Project Map39, there were 14 research & development and office projects, 8 commercial projects, 21 residential and mixed-use projects and 3 civic projects listed as being in process within SSF. In addition to child care impact fees, considering additional employer and developer incentives for including child care within these existing projects and those in the immediate pipeline are needed to meet future housing and employment child care infrastructure needs. All of the listed projects (except for one in the Westborough area) are located in the El Camino, Downtown, Lindenville and East of Hwy 101 areas of the city. East of Hwy 101 and Lindenville have no residential housing currently and the child care facilities in those areas are either funded by specific employers for their own employees and/or have extensive waiting lists for all employees in the area. In 2021, Build Up San Mateo County40 an Initiative to Grow and Improve the Supply of Early Care and Education Facilities in San Mateo County, created the handout entitled, “South San Francisco, Establishing a Child Care Facility; A Guide to Zoning and Permitting41”. This preliminary guide, as well as other start-up publications available in San Mateo, Redwood City, Palo Alto and San Francisco can be used to create an in-depth start–up facilities guide for South San Francisco to improve outcomes for potential child care businesses in SSF. Based on the 2021 “SSF Child Care Provider Survey” described above, improving access to child care business information, regulations and requirements was a priority for current operators. The SSF Guide can be found under “South San Francisco” at: https://buildupsmc.com/projects-page/land-use-study/ 39 https://construction.ssf.net 40 https://buildupsmc.com/planning/ 41 https://buildupsmc.com/projects-page/land-use-study/ 192 56 SSF: CHILD CARE MASTER PLAN OVERVIEW OF SSF FROM A CHILD CARE LENS 3 Potential Sample SSF Child Care Facility Inventory List Compiled by Kathleen White, January 2022 City Owned Facilities • Orange Park Library, 840 W. Orange • City Hall Annex, 315 Maple • Expansion of Westborough Park Preschool Facility, 2380 Galway Locations Housed in Church Facilities • RW Drake (licensed as child care 1971–2021 and vacant) 609 Southwood • Good News Church (licensed as child care prior to 2000) 215 West Orange • Mater Delarosa Church and School, (former elementary school) 1040 Miller • St Elizabeth’s Episcopal (cited in Brion Study) 280 Country Club Drive • St. Veronica’s – (current elementary school without preschool) 434 Alida Way • St. Augustine Church, 3700 Callan • Alta Vista Church of Christ, 361 Alta Vista • First Samoan Methodist Church, 337 Alta Vista • Holy Seed Church, 280 Country Club Dr. • Primera Iglesia Bautista, 299 Country Club Drive Locations housed in SSFUSD schools • Westborough Middle School, 2570 Westborough Blvd. • Foxridge (school closed in 1992 – expand shared child care facility) 2525 Wexford • Serra Vista (school closed in 1992 – shared tenants) 257 Longford • El Camino High School – (potential partner with ECE/EDU Pathway) 1320 Mission Road • SSF HIgh School – (potential partner with ECE/EDU Pathway) 400 B Street • Baden Cont. High School/ Adult School – (potential partner with ECE/EDU Pathway) 825 Southwood • All operational elementary schools with open classroom space or adjacent outdoor space for portable buildings Currently in Development • L37 Project (Pal Care) shared housing development: 1051 Mission Road 193 57 SSF: CHILD CARE MASTER PLAN OVERVIEW OF SSF FROM A CHILD CARE LENS 3 Joint-Planning – SSF P&R and SSFUSD As the two largest public agencies delivering child care in South San Francisco it is essential that relevant city departments including Parks & Recreation and SSFUSD Departments collaborate in the areas of: facilities planning, after-school care, Transitional Kindergarten planning, summer programming (including summer school and summer child care planning), scheduling and shared enrollment, space utilization, funding opportunities, parent outreach, shared grant and program projects, workforce development and integrated high school to college pipelines in the ECE/EDU sector, joint facilities use, a regularly updated MOU to support a shared vision for SSF’s children and youth. Regular, frequent and representative meetings at the administrative, Board/Council and employee level are needed to ensure that communications and planning is ongoing, significant, and meaningful. 42 https://www.smdailyjournal.com/news/local/san-mateo-county-child-care-industry-recovering/article_2581e272-87fc-11ec-bf0a-cb077d885b83.html?utm_source=smdailyjournal. com&utm_campaign=%2Fnewsletters%2Fheadlines%2F%3F-dc%3D1644246018&utm_medium=email&utm_content=headline 43 https://www.uschamberfoundation.org/reports/covid-19-impact-childcare Economic Impacts On Feb. 7, 2022, an article in the San Mateo Daily Journal entitled, “San Mateo County Child Care Industry Still Recovering”, shared that child care in San Mateo County is a multi-million, dollar industry serving over 40,000 children daily. According to SMC CCPC Coordinator, Sarah Kinahan, “Despite its size and essential nature, our child care system was fragile even before COVID hit with providers operating on razor-thin margins.” Kitty Lopez, the co-chair of Build Up San Mateo County and executive director of First 5 San Mateo County, said “Industry leaders and local officials had been meeting weekly for 18 months to discuss the state of child care in the county. Two years into the pandemic, San Mateo County’s child care system is still trying to recover from dips in enrollment but surging costs of operations, leaving leaders in the field to highlight necessary long-term solutions that will allow the vital industry to continue operating42”. The US Chamber Foundation October 2020, COVID Child Care Impacts Report43 indicated that 89% of employers were now aware of their employees’ child care needs and 40% have offered additional child care accommodations and assistance of benefits due to COVID 19. Employers are increasingly concerned with retention and recruitment and have learned that child care and unstable family needs impact their workforce. 194 58 SSF: CHILD CARE MASTER PLAN OVERVIEW OF SSF FROM A CHILD CARE LENS 3 According to ECEPTS, a workforce development organization in California, in 2020, child care generated 13.5 billion in CA in gross receipts, comparable to the spectator sports and women’s clothing industries, yet the economic impacts reach beyond income generated. Unstable child care costs over 1.8 billion in annual costs to businesses due to absenteeism and turnover among working parents, 8 billion in lost earnings, revenue and productivity and $1,150 in annual costs per parent lost to businesses in reduced revenue and hiring costs44. According to the 4Cs report on the “Economic Impact of Child Care in San Mateo County”, for every $1 million consumers spend 44 https://ecepts.org/wp-content/uploads/2021/02/Fact-Sheet-CA.pdf 45 http://www.buildingchildcare.net/uploads/pdfs/ca-county-eirs/SMC.economic_impact_2010.pdf 46 https://obamawhitehouse.archives.gov/sites/default/files/docs/early_childhood_report_update_final_non-embargo.pdf on licensed child care operation in San Mateo County over a one- year period, more than 52 jobs are created, including 22 indirect jobs in other local industries – business services, retail and wholesale trade and eating and drinking establishments. A capital investment of $1 million for the construction of child care facilities creates 23 jobs for every one year, including more than nine in the construction industry. Investments in licensed child care reduces local public sector costs in other areas over the long-term. Each dollar spent on high quality licensed care saves $8.60 in future spending on criminal justice, welfare and other publicly funded programs45. Economics of Child Care, 201546 Existing research suggests expanding early learning initiatives would provide benefits to society of roughly $8.60 for every $1 spent, about half of which comes from increased earnings for children when they grow up. • High quality early education programs narrow the achievement gap based on the rigorous studies conducted since the 1960’s and well described in research data. • High quality early education programs can boost children’s earnings later in life. • These earnings gains and increases in projected income translate into Gross Domestic Product (GDP) increases of 16-44%. • High-quality, affordable child care can help parents balance work and family responsibilities and increase the employment of women, increasing family economic stability. • Early childhood education can lower involvement with the criminal justice system. • Early childhood interventions can reduce the need for remedial education. 195 Section 3: Overview of SSF from a Child Care Lens – Recommendations for Improving Child Care Landscape in SSF Items that are HIGHLIGHTED are priorities for 2022–2023. 3.1. Address the following gaps in child care corroboratively utilizing community input and resources including the City of SSF, SSFUSD, private child care providers, community organizations, parents and county and local support agencies. As funds become available or are currently available utilize to: 3.1a. Fund subsidized or reduced fee infant care for 361 infants of low-moderate income families. 3.1b. Fund subsidized or reduced fee preschool care for 157 preschoolers of low-moderate income families. 3.1c. Fund school-age care (full fee and subsidized) for 957 school age children, 727 spaces to be reduced cost or subsidized. This represents the greatest service gap at this time. Prioritize on-site or near site locations and prioritize providing child care through the 5th grade to ensure that children have adequate supervision and access to support, resources and caring adults. 3.2. Aggressively plan for Transitional Kindergarten and (UPTK) implementation in SSF. Led by the SSFUSD, convene a community collaborative, representative of all key players (SSF city representatives, private child care providers, family child care, parents, higher education partners (Skyline, SMCCD), community organizations providing supportive services, SM County Office of Education, etc.) to develop a TK plan for SSF by June 2022, that will meet developmental needs of young children and help to alleviate the preschool gap. Ensure that TK site locations include geographic areas with low-moderate income families (Downtown, Paradise Valley to El Camino especially), provide appropriate after-school care options and as appropriate, utilize existing preschools and programs to provide integrated offerings. Begin to notify parents immediately of the planning efforts. Ensure that families can plan for TK enrollment with sufficient lead time and can participate in the planning process. Integrate planning process with the JACCCMP (as described in Section 9-1). 3.3. Address child care needs projections and conduct and maintain child care facilities inventory in SSF annually when reviewing CCMP SSF. Publish availability of child care spaces and locations on city website for future and current provider expansion. 3.4. Provide information, incentives and supports to employers, developers and real estate professionals on the need for child care in SSF. Include information on elements of assessing facility suitability and the need for development supports to meet future workforce demands. Encourage facility construction and build out within pipeline projects, including residential and commercial. Utilize list begun in the CCMP SSF as a starting point. 3.5. Support the renewal of an MOU and joint powers agreement through 2030 between SSFUSD and City of SSF P&R for shared facility, land and programming uses, including joint child care offerings. Ensure that the needs of TK students are considered in space projections. Strongly consider utilizing middle, high school and under-utilized locations for child care spaces. Integrate child care programs into the curriculum of the hosting sites at all facilities. 3.6. Consider implementing a Child Care Renovation and Repair Program to fund emergency, moderate cost and one-time child care repairs, renovations, emergency building needs or contract with the Low-Income Investment Fund, Child Care Facilities Fund in San Francisco (which manages a similar project for San Francisco). Goals of program include, preserving and supporting existing child care, increasing numbers of children served, addressing facilities needs that impact child care quality, supporting women-owned small business survival. 3.7. Establish a Joint Advisory Committee of the Child Care Master Plan (JACCCMP) in South San Francisco (as described in Section 9 – Rec. 1). 59 SSF: CHILD CARE MASTER PLAN OVERVIEW OF SSF FROM A CHILD CARE LENS 3 196 3.8. Seek funding to improve the elementary school enrollment process and integrate city, private provider and SSFUSD child care offerings to provide parents with children entering elementary school access to child care information and concurrent registration (including in TK). 3.9. Seek funding to improve availability of updated child care information in SSF. Work with 4Cs San Mateo County to ensure that their child care referral system is easily accessed. Encourage SSF providers to develop a process to improve self-reporting of child care openings, advertise the availability of non-traditional care and services and provide assistance in marketing local child care providers in SSF. 3.10. Provide services, equipment, materials and training for providers interested in caring for children with special needs. Develop a grant program to support increasing services to children with a range of developmental needs (including to children in diapers). 3.11. Work with SSF Economic and Community Development Office, 4Cs, the Renaissance Center and other economic development initiatives to launch child care business support networks for licensed family child care providers. Link to entrepreneurship and economic & small business incubator efforts in SSF. Develop opportunities for unlicensed family, friend and neighbor caregivers to become licensed and obtain supports for quality improvement. 3.12. Develop start-up child care guides, including regulations, requirements and local resources for establishing and expanding child care centers and family child care homes in SSF and make available via website, at the SSF Library and in appropriate city departments (Planning, Economic and Community Development, Small Business Incubator efforts etc.). Utilize the Build Up, San Mateo County; Establishing a Child Care Facility handout for general information and the City of San Mateo Child Care Start Up Guide when published (2022) as a template. 3.13. Seek to quantify and inventory family, friend and neighbor child care in SSF for the purposes of providing supports and resources. 3.14. Highlight child care providers in city publications, media, on the website and in press releases. Consider creating a provider recognition award or event to elevate visibility and value of child care in the community. 60 SSF: CHILD CARE MASTER PLAN OVERVIEW OF SSF FROM A CHILD CARE LENS 3 197 61 SECTION 4The Child Care Workforce – Key to Quality Services 198 62 SSF: CHILD CARE MASTER PLAN THE CHILD CARE WORKFORCE – KEY TO QUALITY SERVICES 4 Central to Quality Service Delivery 47 http://teacherprepprogram.org/wp-content/uploads/2020/01/COE-report-TeacherOccupations-BayRegion-web-August2019.pdf 48 https://abc7news.com/teacher-shortage-bay-area-school-districts-covid-19-impact-on-education-not-enough-teachers-in-schools/10915397/ 49 https://www.ktvu.com/news/superintendents-secretaries-fill-in-as-south-san-francisco-teachers 50 https://www.labormarketinfo.edd.ca.gov/geography/sanmateo-county.html The child care workforce is central to the delivery of quality child development services. Early childhood teachers and caregivers perform many roles and are the most critical elements to the provision of safe, healthy, inspiring and appropriate programs for children. Enriching materials, facilities and equipment may seem like priorities in the provision of child care services, but without skilled teachers and caregivers who are present and attuned to the needs of the children in care, the rest is insignificant. Quality child care requires caring, educated, well-trained and compassionate adults to observe, plan, schedule, design, implement, evaluate and respond with caring and empathy. Their commitment is essential to the work. The adults caring for children must also be intentional. Quality child care is delivered by those who choose to be there. It is not a “temporary gig”, a “side job” or “something to do while waiting to do something else”. Intentionality is key, and child care providers, whether in child care centers, family child care homes or in exempt care settings, should WANT to be there and choose to do so. They should also be interested in learning about how children learn and grow. The child care workforce was experiencing shortages prior to the COVID pandemic. Data from, Teacher Occupations, SF Bay Region (which includes San Mateo County); Centers of Excellence; 201947 described: • 80% of TK-12 districts in California report that teacher shortages continue and in some cases are getting worse (Learning Policy Institute, 2018). • On average over the next five years, there are projected to be over 124,000 openings annually in California for a cluster of 20 teacher occupations including preschool teachers, transitional kindergarten teachers and other child development staff. • On average over the next five years, there are projected to be nearly 28,000 openings annually in the San Francisco Bay region for these 20 teacher occupations, representing about 20% of all teacher openings in California. • There are critical teacher shortages in Transitional Kindergarten, K-12 STEM, Special Education, and CTE. As described in the “COVID Impacts” section of this report, the workforce has moved from experiencing shortages to full crisis since March 2020. The pandemic has exacerbated the labor needs to a breaking point. As described in recent news releases, SF Bay Area school districts are resorting to administrators substituting in classrooms, classroom consolidations and child care center closures to address current shortfalls in teachers, substitutes and personnel48. South San Francisco’s substitute teacher shortfall and the need for administrators and school secretaries to fill in as classroom substitutes was specifically noted49. While a workforce crisis in the sector existed long before the onset of the pandemic, recovery continues to be challenged. Nationally, 111,000 child care jobs were lost between Feb 2020 and January 2021, representing a loss of 11 % of child care jobs compared to Feb. 2020. Locally, based on Employment Development Department of California, San Mateo County Labor Market Survey, (conducted pre-pandemic in 2016), it was projected that 2,130 child care center assistants, preschool teachers and elementary teachers would be needed each year through 2026, representing a shortfall of 8,520 workers in this very discreet and partial subsection of the total child care workforce50. 199 63 SSF: CHILD CARE MASTER PLAN THE CHILD CARE WORKFORCE – KEY TO QUALITY SERVICES 4 According to the Skyline College Early Childhood Education Department’s 2019–2020 Program Review, an analysis of labor market data also indicates that the CA school system will likely face a serious problem in meeting workforce demands in the Education sector. A 10-year decline of nearly 25% in enrollment in teacher credentialing programs has been reported (CA Commission on Teacher Credentialing 2017)51. The need to establish a more robust teacher preparation pipeline is greater than ever. Teacher turnover is also a critical issue in the sector. Efforts to mitigate the stress of “pandemic teaching”, multiple competing expectations from external sources, health care concerns and children experiencing significant gaps in learning need to be addressed if we are to keep the teachers we currently have. Teacher turnover is significant at all levels and teachers at all levels (preschool and K-12) are stressed, burned out, unable to engage with students typically due to pandemic shifts and distance learning and are feeling under-appreciated and overworked. We need teachers to be okay, but they are not52. Ensuring that workforce development also includes addressing the needs of the current workforce is critical. In addition to mitigating teacher stress and sector turnover, strategies to address wage inequities need to be formulated and implemented in South San Francisco. Currently, there are no “Grow Your Own” pipelines beginning in South San Francisco High schools in the ECE/EDU Sector. Grooming local talent through “Middle College” and Apprenticeship pipelines will help to recruit more future employees and will provide an opportunity to address compensation as students move to higher paying positions based on education and experience. Building a pipeline from intern to entry-level worker and then to ECE lead teacher, local business owner, city staff member, TK-12 classroom teacher, youth worker, counselor, child care or school administrator will assist students in seeing the potential and the promise of a career in education. 51 https://www.skylinecollege.edu/programreview/cpr/assets/2019-2020/EDUCD-CPR-2019-20.pdf 52 https://www.edweek.org/teaching-learning/teachers-are-not-ok-even-though-we-need-them-to-be/2021/09 200 64 SSF: CHILD CARE MASTER PLAN THE CHILD CARE WORKFORCE – KEY TO QUALITY SERVICES 4 Who is the Child Care Workforce? A Sector Description 53 https://ecepts.org/wp-content/uploads/2021/02/Fact-Sheet-CA.pdf 54 https://cscce.berkeley.edu/estimated-size-of-the-california-ece-workforce/ 55 https://static1.squarespace.com/static/59f76b95268b96985343bb62/t/603ff28232f79c463ded419e/1614803593798/Expanded+Learning+Workforce+Fact+Sheet+-+02-24-21.pdf 56 https://www.afterschoolnetwork.org/sites/main/files/file-attachments/can_sots_expanded_learning_2018-2019-a11y.pdf?1582667975 The short answer is that it is hard to know. Identifying job descriptors, labor market and employment data for the field of early childhood and education can be difficult. There are over 20 teacher occupations clustered to define the workforce based on SOC and TOP codes, including preschool teacher, teacher aide, special education teacher, etc., however, this is not exclusive, as teachers are defined based on subject areas and age groupings. There are also intersections between preschool teacher, transitional kindergarten teacher and kindergarten teacher (as the job description may be dependent on the employer) and classroom teachers also serve as members of the child care workforce in many school districts, where after-school program oversight is provided by credentialed teachers. Additionally, due to outdated coding, the United States Department of Labor does not track nuanced job descriptors such as after- school staff member or transitional kindergarten teacher. Family child care providers are often classified as small business owners in service industries and nannies, in-home caregivers, and unlicensed or exempt providers are virtually invisible, clustered under a broad range of self-employment categories. SOC codes are updated every decade at the federal level and in California: TOP codes even less frequently. Then there are NAICS, SIC and ONET codes that describe employment classifications. This makes identifying the true size of the workforce very difficult and results in undercounting the adults employed in the child care industry. The undercounting also minimizes the impacts of the industry in total and makes advocacy and support efforts more challenging More importantly, when looking at the Early Care and Education sector, from a workforce perspective, understanding that staff move between jobs and classifications frequently is critical. Entry level jobs may include teacher assistant, teacher aide and para- professional positions, with employment options increasing as additional certifications (permits and/or credentials) are earned and college coursework and programs are completed. The continuum for the workforce spans early childhood positions, to after-school work, to summer recreation jobs, to those in administration, to TK-12 classroom teachers, to counselors and other school or community-based positions. The common denominator is that these jobs are for individuals that want to work with and on behalf of children, youth and/or their families and may define themselves as educators, caregivers, teachers, recreation leaders, nannies and more. How many individuals spend their working day educating and caring for children and youth? That is a critical question and one that is difficult to answer. According to, “A Key Lever in Workforce Development, California Fact Sheet”, produced by ECEPTS; 2019, there are 204,910 child care staff working in 10,866 licensed child care centers and 27,528 licensed family child care homes in California53. The workforce in CA is predominantly female at 94%, and 68% are women of color with the average age of this workforce at 40 years. Locally, in the San Francisco Bay Area, the Center for the Study of Child Care Employment released a workforce study entitled, “Estimated Size of the California ECE Workforce”; 2021 and indicated that there are approximately 36,000 educators staffing child care centers in the San Francisco Bay Area and 10,000 working in licensed family child care homes54. These numbers do not include individuals staffing child care programs that are exempt from licensure, or those in public and private after-school programs, those in special education classrooms for children ages birth to 5 years old, those in TK classrooms and those staffing learning hubs, summer day camps and a host of other settings that serve as child care for children and youth. According to the Partnership for Children & Youth, “Expanded Learning Workforce Report”, 2021, the after-school workforce differs from the early childhood program workforce, in that 65% are women and 35% are men, 63% are ages 20-29 years., 69% work part-time, earning near minimum wage and do not get health benefits, and the majority of the workforce has completed college coursework and is preparing for teaching, administration, counseling and other related jobs. 70% of the after-school workforce in CA are people of color55. The California Afterschool Network report on, “State of Expanded Learning”; 2019, indicated that there are 30,000 after-school professionals funded by California Department of Education (ASES and 21st Century CCLC funds) working in 4,500 schools and serving 900,000 students56. It is estimated that there are an additional 30,000 staff in California providing after-school services in private and fee-based public-school programs and in after-school recreational programs not in this total, that also serve as child care. 201 65 SSF: CHILD CARE MASTER PLAN THE CHILD CARE WORKFORCE – KEY TO QUALITY SERVICES 4 To further complicate the data picture, these numbers do not include the license-exempt caregivers that provide services to children in their own homes or those described as “family friend or neighbors”. These include nannies, in-home care providers, relatives, friends and neighbors, and those caring for children from one family or only relatives, which exempts them from needing a child care license. It is estimated that 40% of child care placements in California are in with FFNs, representing a large and significant portion of the child care workforce. This type of placement has increased due to the COVID pandemic. FFNs represent the largest share of the home-based child care sector according to the NSECE, USHSS, “Characteristics of Home- based Provider Study”; 2016 and they are they more likely to serve children from low-income families57. A higher percentage of black and Latino/a children are cared for by a relative, and infants and toddlers under the age of 3 years are more often cared for in home-based settings and they make up 46% of low-income children under the age of 6 years. Children with special needs and 53% of children in rural areas are also more commonly cared for in homes. Workers with nontraditional hours, including many workers that are essential to our crisis response, depend on home-based care. Children whose parents work at least some nontraditional hours – early morning, evening, weekend, or overnight – represent 58% of the 4.77 million low-income children under age 6 with working parents58. For the purposes of this report, the 307,000 credentialed teachers in CA in 2018–2019 (the most recent California workforce data)59 may not directly be providing child care, although when looking at developing workforce pipelines, it is understood that early childhood teachers may have career goals that include K-12 teaching and the line between describing the work of a preschool teacher and the work of a TK teacher is blurry at best. As California implements universal transitional kindergarten for 4-year olds and a “13th grade” within the public school system is created, it will be imperative that the sector is inclusive of early care and education as a continuum, for the work is entwined. While all credentialed teachers in California possess a BA (4-year degree) at a minimum, and a teaching credential for a specific grade level, typically, it should be noted that according to the Center for the Study of the Child Care Workforce, Early Educators Equipped to Teach TK; 2020, almost half of the preschool teachers in center-based preschool programs have a bachelor’s 57 https://www.nccp.org/publication/demographics-of-family-friend-and-neighbor-child-care-in-the-united-states/ 58 https://www.acf.hhs.gov/sites/default/files/documents/opre/characteristics_of_home_based_early_care_and_education_toopre_032416.pdf 59 https://edsource.org/2020/quick-guide-the-california-teacher-workforce/636231 60 https://cscce.berkeley.edu/early-educators-equipped-to-teach-tk/ 61 https://www.ctc.ca.gov/docs/default-source/commission/agendas/2021-09/2021-09-2a.pdf?sfvrsn=14b325b1_2 degree or higher, and 58% of those teachers majored in early childhood education or child development60 and the Educator Preparation Committee of the California Department of Education, Commission on Teacher Credentialing, is recommending multiple pathways for preschool teachers to become qualified to teach in transitional kindergarten61. This further links the pathways between early care and education and therefore requires that workforce development be inclusive and across the full sector of employment and career possibilities. 202 66 SSF: CHILD CARE MASTER PLAN THE CHILD CARE WORKFORCE – KEY TO QUALITY SERVICES 4 Compensation, Wages and the Workforce Shortage 62 https://www.businessinsider.com/3-reasons-everyones-quitting-great-resignation-biden-labor-secretary-2022-1 63 https://www.smdailyjournal.com/search/?l=25&sort=relevance&f=html&t=article%2Cvideo%2Cyoutube%2Ccollection&app=editorial&nsa=eedition&q=teacher+salaries 64 https://www.smcoe.org/assets/files/About_FIL/Child%20Care%20Partnership%20Council_FIL/San%20Mateo%20ECE%20Teacher%20Compensation%20Study%20wAppendices_11.21.17.pdf According to The Insider, “Three Reasons Why Everyone is Quitting Their Job”, 2022, the new American pastime is quitting jobs. Low wage sectors are disproportionately leading departures, as are sectors with elevated COVID exposure risks. Child care was mentioned as one of the three reasons, specifically related to the low wages, hard working conditions, exposure to unvaccinated young children and the lack of support62. What are average child care salaries and why is compensation so low in this sector? The average elementary school teacher salary in the South San Francisco Unified School District in 2019 was $82,16863, which is about average for the 23 San Mateo County school districts, although several including districts in Hillsborough, Woodside, Portola Valley were significantly higher. Teacher salaries are dependent on district financing structures and contract negotiations and the disparities between districts are noticeable. In comparison, the average wages for the child care workforce are significantly lower. Additionally, child care staff often work full -year, while credentialed teachers typically work a 9-10 month year, making the annual salary significantly higher. Based on the “San Mateo County Early Education Teacher Compensation Study” produced in 2017 by the San Mateo County Child Care Partnership Council and First 5 San Mateo County64, the average wages across a representation of multiple program types were as follows: 2017 Average Child Care Wages in San Mateo County Across Multiple Program Types • Teacher Aides (entry-level) – $15.47/hr with a 15% turnover rate in the previous 12 months • Assistant or Associate Teachers – $17.35/hr with a 12% turnover rate in the previous 12 months • Teachers or Lead Teachers – $22.07/hr with a 10% turnover rate in the previous 12 months • Site Supervisors – 27.11/hr with an 11% turnover rate in the previous 12 months In comparison: The average San Mateo County Kindergarten teacher earned $43.37/hr Full-time employee benefits for the child care workforce ranged from paid personal days and holidays, dental insurance, reduced tuition for dependents, partially or fully paid health insurance, paid family leave, employer contributions for retirement plan, merit and holiday bonuses, long and short-term disability insurance, life insurance, professional development, membership in professional associations, year-end buy-out of unused sick time, 100% college tuition reimbursement, monthly agency-wide staff development, coaching, staff parties, stipends for leading parent workshops, leadership bonuses, and longevity bonuses. Part-time employees were less likely to receive benefits, with only 21% of programs offering partially paid health care to all part-time staff. 203 67 SSF: CHILD CARE MASTER PLAN THE CHILD CARE WORKFORCE – KEY TO QUALITY SERVICES 4 In 2016, the San Mateo County Living Wage Calculator (Massachusetts Institute of Technology (MIT))65 described a living wage for a single adult residing in San Mateo County as listed in the following table. Living Wages in San Mateo County Family Size MIT Living Wage Hourly Wage Single Adult $16.13 Adult with one child $32.90 Adult with two children $37.71 Two working adults with two children $20.32 Position Average Hourly Wage Teacher's Aides $15.47 Assistant/Associate Teachers $17.35 Teachers $22.07 Site Supervisors/Directors $27.17 These charts illustrate the struggle many in the child care industry have just to meet basic needs in the county. While San Mateo County employers were commended for offering wages considerably higher than the CA state average, of 65 http://livingwage.mit.edu/counties/06081 $39.76/hr for child care workers and $39.76 for mid-range elementary school teachers, in 2016, the cost of living in the county as well as the growing availability of competitive salaries in other sectors is leading to increased turnover now in 2021. Additionally, the workforce is well educated with the majority of the workforce having at least an AA degree, and many possessing BA degrees and beyond. As compared to other industries in San Mateo County where college is not required, the hourly wages of child of care staff are not commensurate with educational attainment: • Entry-level Starbucks employee – $15.00–17.00/hr • Entry-level COSTCO employee – $17.00–18.00/hr • Roofers – $32.35/hr • Bus Drivers – $24.05/hr • Make-up Artists – $31.81/hr The complete report is available at: https://www.smcoe.org/ assets/files/About_FIL/Child%20Care%20Partnership%20 Council_FIL/San%20Mateo%20ECE%20Teacher%20 Compensation%20Study%20wAppendices_11.21.17.pdf and contains specific details, resources and additional wage information for the sector. 204 68 SSF: CHILD CARE MASTER PLAN THE CHILD CARE WORKFORCE – KEY TO QUALITY SERVICES 4 South San Francisco – Labor Market Data Details Based on licensing regulations and staffing ratios, it is estimated that 590 individuals are employed in the 56 licensed and exempt child care centers serving children from Birth to 12 years old in South San Francisco. This estimate includes those providing direct child development services as well as the individuals who provide administrative, support and other related services. It is also estimated that approximately 75 individuals are employed in the 53 licensed family child care homes in South San Francisco, as 32 of the 53 are licensed as large family child care homes, which require additional staff when serving capacities between 8–14 children. This brings the number of individuals employed in the child care sector in South San Francisco to a total of at least 665. This does not include the numbers of credentialed teachers teaching in Transitional Kindergarten, kindergarten, and elementary schools although they represent a critical part of the workforce career pipeline. Additionally, in the summer, even more individuals provide summer programming for school-age children at a wide variety of license exempt settings. It also does not include unregulated care providers, “Family, Friend and Neighbors” (FFNs), however, in the “Child Care Needs” section of this report, based on child population data, we know FFNs are a significant representation of the child care workforce, although some may be unpaid. In September 2021, the “SSF Child Care Provider Survey” which was released specifically to inform this CCMP SSF contained several survey questions related to the workforce needs of the sector. Respondents were surveyed about a range of needs, program descriptors and status. 53 survey respondents consisting of respondents from SSF child care centers (both licensed and exempt) and licensed family child care homes completed the survey, which was developed to gain current and relevant information for the development of the CCMP SSF. Completions represented 78% of the 56 child care centers in SSF and 37% of the 53 licensed family child care homes and the survey was available in English and Spanish. 44 respondents answered the following questions, which most likely represented those that hired staff on a regular basis. Q5: Please describe the staffing challenges for your program. Check all that apply. Answer Choices Responses %Number I have a hard time finding staff.77.27%34 I could serve more children if I had additional staff.45.45%20 I have lost staff during the COVID Pandemic.40.91%18 I need substitutes when regular staff or I cannot come to work.36.36%16 It is easy for me to find staff.9.09%4 Total Respondents 44 South San Francisco respondents overwhelmingly described hiring difficulties as 77% indicated that they had difficulty in finding staff and 40% lost staff as a result of COVID pandemic workforce impacts. 45% would be able to increase enrollment if they had more staff, clearly linking staff shortages to restrictions of growth. Additionally, a shortage of substitutes was also noted. 205 69 SSF: CHILD CARE MASTER PLAN THE CHILD CARE WORKFORCE – KEY TO QUALITY SERVICES 4 Q6: If finding staff is challenging for you, what assistance could you use in finding staff? Check all that apply: Answer Choices Responses %Number Funding for higher wages 84.09%37 Funding for better benefits for staff 70.45%31 More pathways from the area colleges 59.09%26 More pathways from the area high schools 47.73%21 Help for parents, relatives or other adults in taking ECE or Child Development classes so they can work in my program 45.45%20 Shared recruitment efforts 29.55%13 Substitute pool 29.55%13 Job fairs and outreach 22.73%10 Other (please specify)6.82%3 Total Respondents:44 Recommendations for addressing the current workforce shortages are incorporated below. Current providers of child care in South San Francisco choose from among a variety of strategies to address the workforce shortages they are experiencing. Addressing wage inequities and securing funding for improving wages and benefits received the most support, but other concerns are summarized as well. 206 70 SSF: CHILD CARE MASTER PLAN THE CHILD CARE WORKFORCE – KEY TO QUALITY SERVICES 4 Why Do Workforce Shortages Matter? In essence, all of the recommendations within this document are reliant on the availability, preparation and quality of a workforce. This workforce is in serious crisis. Therefore, planning for facilities, expansion, and utilization of incoming federal, state and local funds for child care is solely dependent on the availability of teachers and caregivers. It should be the first and most critical item to consider, yet there is an assumption that, “If you build it, they will come”. For instance, in the Governors 21–22 budget, containing a significant expansion of Transitional Kindergarten (for 4-year-olds), there was limited focus and funding allocated to developing new pipelines, funding pathways that begin in high school, supporting community college students and really building a teacher workforce in new and innovative ways. There is also significant concern that current preschool teachers will leave the private sector and move into new Transitional Kindergarten jobs, that will be in many cases, school district administered and at higher wages with union negotiated benefits. The concern is not that this opportunity for career advancement is a positive move for the teachers, but rather that the jobs they are leaving are serving our youngest and most vulnerable children. Without planning for this exodus, child care for infants and toddlers could be severely impacted. It is projected, based on the TK expansion alone, that 8,000 to 11,000 transitional kindergarten teachers in California will be needed to staff new TK classrooms by 2025. Where will these teachers come from? The CA Commission on Teacher Credentialing has authored a paper on establishing multiple pathways to meet these needs66, but the funds are only available to school districts, schools and Local Educational Agencies ( LEAs). Will this allocation create the ground-breaking results that we need? Will this be enough? In South San Francisco, the planning for TK expansion is beginning and taking steps now to ensure that a qualified workforce is available as a key component of TK implementation. How will shifting highly qualified teachers from child care to TK classrooms impact the supply of child care staff for children between birth and 4 years old? In the article, “Funding Universal Pre-K and Not Child Care Would be a Disaster,” 2021, the author 66 https://www.ctc.ca.gov/docs/default-source/commission/agendas/2021-09/2021-09-2a.pdf?sfvrsn=14b325b1_2 67 https://newrepublic.com/article/163991/funding-universal-prek-childcare 68 https://www.bls.gov/news.release/ecopro.nr0.htm 69 https://www.afterschoolnetwork.org/paving-way-pathways-exl-educators-teaching describes the house of cards that a public universal preschool program would create as infant and toddler programs require more staff, are more expensive to operate and are currently experiencing a staffing shortfall. Not understanding that universal preschool IS child care and that the entire system and family needs are interconnected is short-sighted67. As the National Women’s Law Center’s Melissa Boteach tweeted, “I am increasingly blown away by how divorced national policy discussions are from the reality of families’ lives. If my 4-year-old has universal pre-K, but I can’t find/afford care for my baby, I STILL CAN’T WORK”. This is also true for families with both younger children and school-age children. Both need to be in continuous and available care for employment to be possible. Total employment in all areas and sectors in this country is projected to grow from 153.5 million to 165.4 million over the 2020–2030 decade, an increase of 11.9 million jobs, reported the U.S. Bureau of Labor Statistics. This increase reflects an annual growth rate of 0.7 percent, which is higher than recent projections cycles and accounts for recovery from low base-year employment for 2020 due to the COVID-19 pandemic and its associated recession68. The increase in jobs will require an increase in available child care AND an increase in available teachers to prepare the new employees in those 11.9 million jobs. A key factor when considering the importance of this workforce, is the dependence of ALL sector growth on high quality teachers and the availability of child care for ALL workers that are parenting, including many college students preparing to enter the job market. Child care is infrastructure, like transportation and the internet. The children of the workforce need to be supervised and cared for, before parents and guardians can even become employed. Without child care, all sectors are unable to attract and retain parents and guardians. And, without well-prepared students served by high quality teachers at all levels (in preschool, elementary school, middle and high school) all workforce sectors suffer from poorly prepared future employees. The implications for teacher shortages at all levels are far-reaching and multi- generational69. 207 71 SSF: CHILD CARE MASTER PLAN THE CHILD CARE WORKFORCE – KEY TO QUALITY SERVICES 4 Section 4: Recommendations for Addressing Child Care Workforce Shortages in South San Francisco Items that are HIGHLIGHTED are priorities for 2022–2023. 4.1. Begin all child care and educational program expansion discussions with the questions, “Where will the teachers come from? How will we staff this program? Who will we hire?” and commit to a city-wide commitment to value, support and validate teaching careers at all levels and support actions that build a workforce pipeline. 4.2. Develop a shared understanding across all decision makers that the teacher shortage in SSF impacts ALL career sectors, ALL employee recruitment efforts, and is preventing growth by limiting preparation program availability. Teacher shortages at all levels also impact the viability and availability of biotech pathways, health care pathways, engineering pathways, IT pathways and STEM career preparation. Developing future teachers is linked to providing meaningful and supportive pathways throughout the Early Care and Education continuum. Teacher recruitment at all levels needs to be coordinated, prioritized and valued. 4.3. View child care as infra-structure; our economy is dependent on child care in the same way that roads, plumbing and the internet are foundational to the workplace. Ensure that child care teachers and providers are compensated commensurate with their education, experience, value and responsibility. 4.4. Develop local solutions to the wage inequities in the child care field. Include child care providers at all levels in SSF Equity Plan and Equity goals. Utilize JACCCMP to recommend actions. 4.5. Improve wages across all employers in SSF to build a competitive edge in the labor market AND to lift wages in surrounding communities. Review the incentive programs available in neighboring cities, including the Compensation and Retention Early Educator Stipend, CARES3, which the Office of Early Childhood Education (OECE) in San Francisco distributes to eligible child development staff to increase wages. Over 30 million dollars over 3 years is available (at about $4,000/person) to increase retention, attract workforce and address area high cost of living. A significant increase in the stipend was recently announced in 2022, of up to $30,000 per staff member. Support the ELC San Mateo County Stipend Program and share information. 4.6. Increase access to benefits for all child care teachers and caregivers. Consider shared benefit pools and improving access to benefits for all part-time and full-time workers, especially to those without health care. All employees working with children in SSF should either have health care or be able to obtain it at low cost, especially during a pandemic. 4.7. Increase the provision of employee child care benefits at public and private SSF work sites to support working parents with child care costs and access. Provide platforms for technical support to area employers on implementing family friendly policies. Outreach to employers in the child care industry to ensure representation. Include expectations and financing models for all providers of child care in SSF to provide child care services for their own employees and explore costs and financing of this expectation. 4.8. Sponsor local job fairs for SSF child care employers. Consolidate efforts and host a shared job search and posting service for the SSF child care community to share. 4.9. Commit to a “Grow Your Own” model of child care, educator and school-based career development with a goal of 10% of SSF high school graduates returning to fill jobs in the ECE/EDU and related sectors in SSF. Ensure that local talent and specifically, local young people in SSF are offered opportunities to consider careers with children and youth and develop workplace competencies. Pair college success, academic planning, counseling and project-based learning starting in the 8th grade with “Careers in Education” exploration opportunities. Support both SSFUSD and SSF private schools in their efforts to engage in career exploration. 4.10. Link social justice and equity goals in SSF to careers in teaching. Social justice is exemplified in equitable and expanded educational opportunities for all. Ensure that SSF young people envision themselves as “difference makers” and “change agents” for the next generation of young people and that the role that child care and education plays in achieving equity is lifted. Create equity goals for children and youth that include having access to teachers at all levels who reflect their language, culture and ethnicity and model inclusive practices. 208 72 SSF: CHILD CARE MASTER PLAN THE CHILD CARE WORKFORCE – KEY TO QUALITY SERVICES 4 4.11. Skyline College, which is the California Community College that serves South San Francisco, has expressed interest in the following programs that would enhance Early Childhood and Education Pathway Pipelines: 4.11a. Offering “Dual Enrollment” (college credit for work experience, internships, college courses, cooperative work experience and programs) and promote “Middle College” opportunities in the Early Care and Education sector as well as in general education for high school students in SSF. 4.11b. Develop or implement an existing pre- apprenticeship for high school and apprenticeship program for adults in partnership with SSF employers, the SSFUSD and the City of SSF, Parks and Recreation Department 4.11c. Develop City of SSF Parks and Recreation child care sites as intern training sites and offer college cooperative work experience credit. 4.11d. Utilize SMCOE, K-12 Strong Workforce funds to specifically support the 40.8% of the South San Francisco Unified School District students who are from families with limited financial means, and the 80.3% students of color, to access the opportunities and careers in early care and education and bring critically needed language diversity to jobs with children and youth. 4.11e. In San Mateo County, 46% of high school completers attend a community college and 24% do not show up in post-secondary education the year after completion. Identify and specifically target this population in SSF to enter the ECE/EDU pathways. 4.11f. Bring community college workforce development funds into the ECE/EDU sector workforce preparation plans. 4.12. Link employment in school-age, summer and after-school programs in SSFUSD, SSF P&R and private programs to Apprenticeship, Teacher Residency and Teacher Fellowship opportunities and pathways as a means to support employee interest is careers in teaching. Utilize CAI, SAEEI and other available apprenticeship funds. Secure to launch. 4.13. Locate preschool classrooms on the El Camino High School and SSF High School sites and offer Skyline College dual enrollment and “Middle College” courses in related content. 4.14. Create an ECE/EDU pipeline program at Baden Continuation School with existing on-site child care programs as laboratory and internship sites and offer Skyline College dual enrollment and “Middle College” courses. 4.15. Replicate the Oceana Early Childhood Dual Enrollment Pathway in a South San Francisco high school and link to internships, cooperative work experience and paid positions. Explore replication of the SMCUHSD CTE Pathway Program at Hillsdale High School which includes dual-enrollment courses with Canada College, https:// www.smuhsd.org, and the on-site Hillsdale Nursery School, https://hhsnurseryschool.weebly.com. 4.16. Seek workforce development, youth employment and prevention funds to support paid youth employment in elementary school, after-school and child care facilities and pair with college credit courses. Others programs are using ELO-P funds for high school staff. Explore this option. 4.17. Launch a High School Future Teacher Club in partnership with the California Teachers Association (CTA), the Student CTA Chapter, with Skyline College and SSF high schools. 4.18. Develop an 8th grade career exploration model at Westborough Middle School and consider locating an expanded preschool at that school location. Provide internship and co-curricular opportunities between Westborough Middle School and the current Westborough P&R Preschool. 4.19. Ensure that SSF Parks and Recreation Summer Camps offer Intern Programs for high school students with paired dual- enrollment courses, stipends and work-based learning opportunities. 4.20. Provide or invite organized community service opportunities for middle and high school students in all SSF child care programs. Provide college credit through cooperative work experience and internship courses. 4.21. Work with Human Resources in SSF to develop youth Intern stipend program, youth apprenticeship and adult apprenticeship wage scales to allow for payment of youth interns and apprentices. 209 73 SSF: CHILD CARE MASTER PLAN THE CHILD CARE WORKFORCE – KEY TO QUALITY SERVICES 4 4.22. Actively support parents enrolled in SSFUSD schools who are seeking employment to obtain college courses and prerequisites needed to fill current vacancies, by sharing job openings, co-locating required community college courses (in English and Spanish) at local schools and offering employment workshops specifically for parents. Recruit and prepare from the current parent pool. 4.23. Develop shared hiring practices in SSF to “blend” part- time jobs into full-time opportunities. Consider blending PT SSFUSD and SSF P&R after-school jobs with similar responsibilities. 4.24. Cross-reference employee and workforce support found in “Human Resources” section of this report and consider implementing policies and practices that provide health care and medical benefits to all SSF staff working with children. Provide college and educational supports to SSF child care staff (especially as coursework completion also leads to improved outcomes for children) and extended COVID related paid leaves and extended sick leaves, especially for part- time staff impacted by quarantines, COVID exposures, program closures or family responsibilities. These efforts are meant to increase retention and preserve existing workforce. 4.25. Link Adult Education Bridge Programming to Careers in Early Childhood and Education and pair English language classes, GED, college success courses and career planning in the sector. Ensure that entry level teacher aide, early childhood, recreation and after-school career information is accessible and available in one location in SSF and integrated into the shared job/career posting service. 4.26. Consider the development or support of a city-wide substitute pool for child care staffing. Link pool to community college pathway training efforts to support members earning child development permits and course completion. Provide specific training or coursework on the competencies needed as a substitute and job expectations. Explore area substitute pool models including the Kai Ming STEP program in San Francisco. 4.27. Implement a substitute pool for city child care programs and ensure that salaries reflect higher wage levels based on schedule flexibility and availability, travel, health protocols, exposures to larger groups of children and levels of responsibility. 4.28. Develop a system of family child care providers with a CBO (such as Renaissance) that can mentor peers and support Family, Friends and Neighbors (FFNs) to obtain family child care licenses. Refer FFNs to the Child Care Initiative Project (CCIP) offered through the Child Care Resource and Referral Networks to provide FFN quality supports, access to training, access to Trustline fingerprinting services and professional development. Consider hiring an Early Care and Education Workforce Recruiter and serve all sector employers in SSF including the City of SSF, SSFUSD, private child care centers and family child care homes in securing employees. Provide employment development, Including job postings, career and college preparation and permit, credential and licensing support to potential workforce. 4.29. Utilize JACCCMP (as described in Section 9–Rec. 1) to explore impacts of wage and salary increases for staff in TK and preschool classrooms and other programs with wage subsidies to assess and address worsening workforce shortages in non-supported child care programs for infants, toddlers, school-age programs and others with disproportionate salaries. Reduce turnover by addressing salary inequities prior to program implementation. 210 74 SECTION 5COVID Pandemic Impacts 211 75 SSF: CHILD CARE MASTER PLAN COVID PANDEMIC IMPACTS 5 An Overview – Needs, Concern and a Crisis The COVID 19 Pandemic of 2020–2022 has significantly impacted child care services in the country, state, region and locally in San Mateo County. The entire early childhood and education sector has been plagued by a trifecta of crisis, including parental concerns about the health and safety of children in group settings, an exodus of staff due to COVID concerns, retirements, more competitive wages in other industries and a move to remote learning and work, requiring home-based supervision and individualized child care options. South San Francisco child care providers specifically experienced critical drops in enrollment during 2020 and 2021, and suffered from reduced income, enrollment fluctuations and the after- effects of business loss and financial instability. Additionally, as preschool and K-12 schools moved to remote learning, parents and guardians needed to arrange for adult supervision for learners and supervision of the learning process. Families tried to balance the needs of children with the need for employment and those engaged in both remote work and essential work were challenged with juggling competing needs and limited options. The instability of the return to school and return to child care (as evidenced by the Delta and then Omicron outbreaks) resulted in significant changes to working patterns. The pandemic also created shortages of teachers and classroom substitutes and districts resorted to the consolidation of classrooms, pulling in administrators to substitute and closing schools to address the lack of staffing. Schools and child care programs were hit by either a lack of teachers or teachers unable to work due to their own child care gaps or positive COVID test results or symptoms70. According to the Center for the Study of Child Care Employment, based in Berkeley, CA, the COVID crisis has destabilized the early childhood and education sectors, disrupted ECE and TK-12 teacher preparation pipelines, and resulted in significant impacts on working and single parents – especially essential, low to moderate wage displaced workers and families who have suffered 70 https://abc7news.com/teacher-shortage-bay-area-school-districts-covid-19-impact-on-education-not-enough-teachers-in-schools/10915397/ 71 https://cscce.berkeley.edu/california-child-care-at-the-brink-covid-19/ 72 https://rrnetwork.org/assets/general-files/California.pdf 73 https://www.usnews.com/news/business/articles/2021-11-04/burned-out-why-wont-more-women-return-to-the-job-market 74 https://www.businessinsider.com/3-reasons-everyones-quitting-great-resignation-biden-labor-secretary-2022-1 75 https://www.usnews.com/news/business/articles/2021-11-04/burned-out-why-wont-more-women-return-to-the-job-market from the loss of ECE and after-school child care – such that the state of California will not experience economic recovery without supporting the replacement of teachers at all levels71. For example, between January 2020 and January 2021, California experienced a 33% reduction in child care center availability and 14% of licensed family child care homes based on the CA Resource & Referral Network child care data survey from January 2020 to January 202172. Women, (who also comprise 87% of the child care workforce in CA) were especially impacted by the COVID Pandemic and left the workforce in higher numbers than men. Among mothers of children 13 years or younger, the proportion who were employed in September 2021 was nearly 4% below pre-pandemic levels in this country, and for fathers with young children, the decline was just 1%73. Without dependable child care and school schedules, employees needed some flexibility for family responsibilities. This flexibility was less possible in the essential services industries and in those requiring employees to be present in person and available for additional hours. Those that could afford to or who had to leave jobs, stayed away and continue to wait out a return to employment. The loss of child care AND the loss of child care workers, the majority of whom are women, is a dual reason for why “the great resignation” is also a women’s pandemic issue74. Additionally, women often have the twin responsibilities of caring for children (often of different ages and enrolled in different schools and programs) and elderly relatives at the same time. Caregiving across the spectrum is suffering from increased demand and labor shortages, leaving multi-generational gaps in care. When the pandemic erupted in the spring of 2020, roughly 3.5 million mothers with school-age children either lost jobs, took leaves of absence or left the labor market altogether, according to an analysis by the Census Bureau. The 2021 report, “Women in the Workplace,” by the consulting firm McKinsey & Co. illustrates how the pandemic imposed an especially heavy toll on working women75. It found that one in three women over the past year had thought about leaving their jobs or “downshifting” their careers. Early in the pandemic, by contrast, the study’s authors said, just one in four women had considered leaving. 212 76 SSF: CHILD CARE MASTER PLAN COVID PANDEMIC IMPACTS 5 The COVID impacts on women specifically, describe the fragility of a system that is dependent on affordable child care availability for families, built on the backs of a moderately to poorly compensated and predominantly female workforce with minimal financial supports from external sources. As the current proposal for “Build Back Better”76, proposed by President Biden, winds and stalls through the legislative process, the child care provisions for a federal child care system, federal supports for child care payments and incentives for workforce development seem especially critical due to the COVID pandemic disruptions to supply and the emphasis on economic recovery and workforce support. The COVID pandemic has also highlighted the lack of a clear family leave provision at the federal level, as employees struggled with leaves due to quarantine requirements, school and child care closures and the need to supervise children. Family leave, IS child care as it allows for families to afford to care for their own children at critical times, without penalty or financial loss. While California has a Paid Family Leave Program77 provisions include having paid into the State Disability Insurance fund, and financial supports may be less than current wages and the duration is limited. A Local Response In 2020, San Mateo County Supervisors created the “San Mateo County Strong” in response to the COVID 19 pandemic. Funds were raised from both public and private sources and grants were available for a range of needs including families struggling with employment loss, reductions in income, and COVID related expenses. Support for child care providers and those caring for the children of essential and critical workers and school-age children needing supervision was a priority category within the grant program and 309 grants were made in San Mateo County, totaling $7.3 million for child care providers and learning hubs78 specifically. According to data provided by the Community Equity Collaboratives79, South San Francisco child care providers (both child care centers and licensed family child care homes) were granted a total of $775,169 from this fund since inception in 2020. 76 https://www.whitehouse.gov/build-back-better/ 77 https://edd.ca.gov/disability/Am_I_Eligible_for_PFL_Benefits.htm 78 https://www.smcstrong.org 79 https://www.communityequitycollaborative.org/child-care-relief-fund 80 https://www.communityequitycollaborative.org/learning-hubs-initiative.html 81 https://www.siliconvalleycf.org/childcare-response 82 https://www.ncsl.org/research/labor-and-employment/covid-19-essential-workers-in-the-states.aspx Another $324,000 was issued to South San Francisco learning hubs and also administered by the Community Equity Collaborative. These grants were provided to the Boys and Girls Clubs of SSF, South San Francisco Unified School District and the SSF P&R Department80. The child care specific totals of $1,099,169, representing approximately 15% of total funds available in San Mateo County, were not inclusive of other federal, state, and local funds that may have been available to address the general pandemic related economic losses of many businesses, including the child care community. Additionally, school districts and other public providers were “held harmless” for funding losses due to enrollment drops for specified pandemic periods. Additionally, the Child Care Partnership Fund (the emergency fund that the Silicon Valley Community Foundation set up for San Mateo, Santa Clara, San Francisco and Alameda counties), provided 13 grants to child care providers in the 94080, zip code area. The average grant amount was $3,400 and approximately $44,200 was provided to home-based child care providers in SSF81. Individual grant amounts were based on monthly expenses so each grant differed. In the early stages of the pandemic in 2020, it was shocking that child care providers and teachers were not classified by the federal government as “essential workers” and were not therefore entitled to essential worker reimbursements, benefits and compensation. While 28 states including California, did designate the elements of the child care workforce as essential82, it also meant that there was a lack of continuity between the child care workforce and the K-12 teaching workforce, as schools were operating remotely, yet child care and learning hubs for school age children were operating in-person. In many communities, learning hubs were staffed by a part-time or non-benefitted workforce and both school-age programs and child care staff had less access to medical benefits and resources, as compared to school district teaching staff, most of whom are represented by unions and participate in negotiated benefits. Having access to medical benefits is crucial during a pandemic. 213 77 SSF: CHILD CARE MASTER PLAN COVID PANDEMIC IMPACTS 5 The “SSF Child Care Provider Survey” The “SSF Child Care Provider Survey”83, administered in 2021 for this project, asked SSF child care providers (both child care centers and licensed family child care homes) to detail the impacts of the COVID 19 pandemic on their operations. One of the questions asked specifically about COVID related impacts: Figure 27: Q4: How has the COVID Pandemic impacted your program? Check all that apply: Answer Choices Responses %Number My child care enrollment has decreased.78.85%41 I am not serving as many children due to health and safety requirements.59.62%31 My costs have increased due to cleaning and supplies.51.92%27 My families are working at home.51.92%27 My families are worried about the health of their children in care.48.08%25 I am worried about my own health.42.31%22 My families are working less hours.36.54%19 I am concerned about my child care business.34.62%18 My families cannot afford child care.28.85%15 My families are working more hours.15.38%8 Other (please specify)11.54%6 My child care enrollment has increased.1.92%1 Total Respondents 52 53 survey respondents consisting of SSF child care centers (both licensed and exempt) and licensed family child care homes completed the survey, which was developed to gain current and relevant information for the development of the SSF Child Care Master Plan. Completions represented 78% of the 56 child care centers in SSF and 37% of the 53 licensed family child care homes. The survey was available in English and Spanish. 52 respondents completed the section on COVID impacts. Clearly in South San Francisco, there are two clusters of concern. One is primarily financial and related to decreased enrollment, reduced capacity requirements due to COVID safety protocols and the increased costs of health and safety requirements (masks, cleaning supplies, modifications to the environment, testing supplies, and the costs related to changing policies, rules and requirements. The second cluster is more difficult to address, as it relates to the stress, health concerns for families, providers and children and general concerns related to caring for children during a pandemic. Another key finding in the survey had to do with a question on plans for remaining in business. Fully 98% of the respondents planned to remain in the child care business for the next 3 years and 15% indicated an interest in expanding to provide more services. Clearly, assistance to existing child care providers would support service delivery and program continuity in South San Francisco. 83 https://www.ssf.net/home/showdocument?id=26460&t=637878736167532836 214 78 SSF: CHILD CARE MASTER PLAN COVID PANDEMIC IMPACTS 5 Short Term Recovery Needs 84 https://people.com/human-interest/covid-wave-triggering-parent-stress/ In the short-term, the early childhood and education sectors will remain fragile, vulnerable and in need of both financial supports and resources for recovery. Depending on the timeline for the transformation of the pandemic into an endemic disease, there will likely be several years of child care market instability. Parents and guardians will need ongoing information on the health and safety of children in groups and the mitigating measures needed to manage risk. Training and support for the child care community to address changing requirements and emerging needs should be locally provided and the recommendations listed below will help to address recovery needs. Currently operating child care centers and family child care homes in South San Francisco should be supported to remain in business and grow to meet future needs. New child care facilities will need to be developed to meet projected population growth, yet existing providers as current resources need to be protected and maintained. Recommendations as related to the “Workforce” section in this report need to be implemented, as the early education and educator pipeline, which was already insufficient to meet labor market demand, has been severely disrupted due to the pandemic. The COVID pandemic has also significantly impacted parents. Those with kids 18 and younger have reported skyrocketing stress since the pandemic began – and its exacerbated by ongoing confusion and constant changes, according to a study released in October by the American Psychological Association. About half of parents acknowledged times have gotten tougher, with 44% saying major life decisions had become more stressful, and 47% reporting even day-to-day decisions such as what to wear or what to eat had become more difficult. The numbers are even more pronounced for parents of children aged 4 and younger, with 54% saying daily decision making was causing greater anxiety than pre-COVID84. The COVID pandemic has also fundamentally changed teaching and the work has become more challenging, less gratifying and less appropriate for children. The joys of working in environments with children has been tempered by the reality that children trying to develop language and expressive skills remain masked, and children that need social connections and reassurance are encouraged to socially distance. Students and teachers are engaged in remote learning and avoiding a range of favored and inspiring activities. Children that need time to play and socialize are engaged in frequent handwashing, health reviews, sporadic quarantining and limited social opportunities. Social isolation, while important to quell a pandemic, has been difficult on young children and has detracted from what makes teaching environments so rewarding for teachers. The need for post-COVID stress relief and mental health support for children, parents and guardians and teachers will be critical in the short-term. 215 79 SSF: CHILD CARE MASTER PLAN COVID PANDEMIC IMPACTS 5 Section 5: Recommendations for Relief of COVID Pandemic Child Care Needs Items that are HIGHLIGHTED are priorities for 2022–2023. 5.1. Develop and support a Child Care Information page on the SSF website and immediately share Child Care COVID Resources, to support and stabilize the SSF child care community and facilitate accessing and locating resources efficiently, including those listed under COVID PANDEMIC Resources in the “Resources” section of this report. 5.2. Identify local funding sources (ARPA grants, Silicon Valley Community Fund6 etc.) to provide small emergency grants to initiate a South San Francisco Child Care Provider COVID Care Grant Program for child care providers (both child care centers and licensed family child care homes) to cover the costs of: 5.2a. COVID pandemic supplies, such as, pediatric and adult masks, distribution of handouts and posting of signage, cleaning supplies, use of disposable paper goods as needed during the pandemic. 5.2b. Access to local resources for health-related questions. 5.2c. Items to improve ventilation and access to the outdoors (screens, operable windows, outdoor shade covers, fencing, etc.). 5.2d. Utilities and other regular and ongoing expenses that may be difficult to pay due to reduced revenue. 5.2e. Help providers shift COVID pandemic related costs for parents by assistance with providing diapers, infant supplies and consumables. 5.2f. Child care based food distribution and food bank services for parents and staff in need. 5.2g. Provide COVID relief funds for the workforce to address gaps in employment due to COVID quarantine mandates, provide paid sick leave to child care staff and providers that do not have access to leaves or have used all leave time and to bridge financial shortfalls impacting staff of child care programs due to serving fewer children based on reduced ratios and smaller group sizes as required for health and safety requirements. Include essential worker pandemic “hazard pay” stipends to support high risk workforce. 5.2h. COVID testing for children and adults. 5.3. Provide technical assistance to child care workforce in applying for recently signed SB 114 legislation extending COVID sick leave through September 2022 in CA. 5.4. Local declaration that child care providers and early childhood education teachers are considered “essential” to the city in South San Francisco and are critical to the economic recovery. 5.5. Implement recommendations found in the, “Workforce” section and “Legislation, Policies and Funding” sections of the CCMP SSF to ameliorate impacts of COVID 19 and address historical wage inequities in the field. 5.6. Improve communication between child care providers, ECE staff, SSFUSD and private school TK and K-5 teachers to address the following: 5.6a. Share the emerging needs of young children as they transition from preschool and child care to TK and Kindergarten. 5.6b. Offer specific joint-meetings in SSF related to COVID pandemic learning loss, sharing information on obtaining Individualized Educational Plans, (IEPs) and better understanding the Transitional Kindergarten and Kindergarten school and child care registration processes. 5.6c. Provide ongoing joint training on health and safety regulations, protocols, changing regulations and safety measures for children in group settings. 5.6d. Unify messaging so that families with children in different settings and schools receive the same messages about COVID practices and requirements. 5.7. Re-establish a SSF Family Child Care Network. Work in partnership with 4C San Mateo County, Renaissance SSF, and neighboring Family Child Care Associations to support the formation of English, Spanish and Asian language networks specifically to support family child care providers as they navigate the COVID pandemic and better access available resources. 216 80 SSF: CHILD CARE MASTER PLAN COVID PANDEMIC IMPACTS 5 5.8. Commit to provide community support for meeting the emotional and mental health needs of children, parents, caregivers and teachers as they all emerge from the pandemic and include in the new SSF Equity Plan, a provision for parents and guardians as a disproportionately impacted group in need of targeted services, and supportive resources. 5.9. Support child care provider and COVID immunization efforts for children in SSF as a shared city and school district message with public service messages and local recommendations to promote healthy environments in child care and reduce spread. 5.10. Due to a rise in the use of unregulated child care due to the COVID pandemic, expand training, outreach, resources and services to include unregulated child care providers, defined as “Family, Friend and Neighbor” to ensure that SSF children in unregulated child care experience practices and environments that support healthy caregiving and are responsive to COVID Pandemic needs. 217 81 SECTION 6South San Francisco as a Family Friendly Employer 218 SSF as a Family Friendly Employer 85 https://www.ssf.net/departments/human-resources/job-resources/benefits As an employer, the City of SSF provides Human Resources policies that promote work/family balance. These include progressive family friendly enhancements for public employees, including child care benefits, and a host of other supports. In addition to providing a range of benefits to full-time employees including medical, dental, vision, retirement, etc. the city provides the following supports that are of specific value to families85: • An Employee Assistance Program that provides child care referrals and family behavioral health support • A Flexible Spending Account for Dependent Care • Access to Recreational Classes (reduced rate for employees) • An employee discount and priority registration for child care services in the City Child Care Programs (provided by the Parks and Recreation Department) at two preschool and four after-school locations in SSF • Family Fun Discounts • Enhanced healthcare services, including pediatric referrals and information • Private Disability Insurance (including short-term for maternity, etc. and long term for other conditions) Promoting employee awareness of child care and family benefit options will ensure that the city remains competitive and attractive as an employer. Enhancing current benefits and working conditions will support employed parents and guardians as they balance work/life/parenting roles. Additionally, as hiring in the child care areas (which are primarily in the Parks & Recreation Department) becomes more challenging, providing increasingly competitive wages and benefits will ensure that current and expanding programs will remain staffed. Addressing the health care coverage gap for part-time employees is a priority, as all adults working directly with children (many of whom may not or cannot be vaccinated) during an endemic or pandemic should have access to health care. 82 SSF: CHILD CARE MASTER PLAN SOUTH SAN FRANCISCO AS A FAMILY FRIENDLY EMPLOYER 6 219 83 SSF: CHILD CARE MASTER PLAN SOUTH SAN FRANCISCO AS A FAMILY FRIENDLY EMPLOYER 6 Section 6: Recommendations for Increasing Family Support for Employees Items that are HIGHLIGHTED are priorities for 2022–2023. 6.1. The inclusion of a family-friendly statement in employee recruitment and job posting materials used to attract new talent including: • That SSF values families and has many family-friendly benefits and supports. • A statement on why child care is critical in attracting, supporting and retaining key talent and the ongoing commitment to addressing child care needs. • A summary of key benefits. • Explicit links to benefit provisions online on city HR website. 6.2. Implement recommendations listed under (Section 5: Relief of COVID Pandemic Child Care Needs) as relevant for SSF employees. 6.3. Expand supports for elder-care that support the family caregiving spectrum, to increase benefit equity by supporting non-parents including exploration of expanded Magnolia Center use. 6.4. The inclusion of child care benefit payments or reimbursements within the Discretionary Benefit Option Program (cafeteria benefit) for employees with existing medical coverage (such as spouse or parental coverage). 6.5. A back-up/emergency child care bank program for employees in need of such short-term care. 6.6. Support for breastfeeding mothers as they return to work (lactation room, information, support) including access to listed baby changing facilities and family friendly areas in employee and public city spaces exceeding code requirements in ( Labor Code Section 10308 – Lactation Accommodations). 6.7. Available family leave policies clearly described, regularly updated and outlined in an accessible format (like in an FAQ) including information on family leaves, including the use of Kin-care and Paid Sick Care, the California Paid Family Leave, the Healthy Workplaces-Healthy Families Act, the School-related Activities Leave and the Disciplinary Hearing/Meeting Leave (school related), maternity and paternity and other parenting adult leaves and how to access and utilize to meet family needs (such as an FAQ sent with a “New Baby Guide” for new parents in the SSF employee family). 6.8. The inclusion of adoption support for employees adopting children and the inclusion of adoption events and leave eligibility descriptors. 6.9. Offer health benefits for employees providing child care (esp. part-time employees) due to national and local crisis in recruiting staff and the ongoing pandemic/ endemic. Commit to ensuring health care access, current coverage or provided coverage for all child care workers (especially in light of COVID and increased exposure risk). Facilitate health care access for this employee group. Pro-actively provide health care information, resources and access to state, federal and local health care plans to ensure that part-time child care staff have access to affordable and accessible health care plan options. Provide coverage to those that are not eligible for other sources. Access essential worker, ARPA funds, and other employee funds to support essential worker status of child care employees within SSF workforce. 6.10. Increasing the number of full-time positions in the child care services area to ensure reduced turnover and access to full benefits. 6.11. Continue to explore increasing salary classification and placement levels within the city structure for child care staff that are commensurate with educational requirements, training levels and college program completion and link increasing salaries with college degree attainment or completion. 220 84 SSF: CHILD CARE MASTER PLAN SOUTH SAN FRANCISCO AS A FAMILY FRIENDLY EMPLOYER 6 6.12. Create and develop structured pipelines to mitigate staffing shortages in child care jobs, including: • Intern positions and job classifications for high school- age youth. • Explicit pipelines into city employment for high school and college students. • Creation of formal apprenticeship and pre- apprenticeship structure in ECE/EDU. • Encourage partnerships with SSFUSD Career Technical Education (CTE) and Skyline College Apprenticeship Program for pathways to employment that include additional entry level classifications. • Incentivize pipelines that include college credit, paid internships, Child Development Permit acquisition, and are paired with entry level job opportunities and lead to increasing career options within the city. 6.13. Exploration of implementing 529 College Savings Plans and other incentives. 6.14. Inclusion of Parks and Recreation courses (virtual and in- person) on topics for all interested SSF parents (including employees) and promote as part of employee meetings, emails and informational sessions such as: • Choosing Child Care in SSF • New Baby 101 • Parenting 101 • Accessing Family Benefits 6.15. Consider implementing a Student Loan contribution program in which employers can contribute up to $5,250/ year towards student loans. 221 85 SECTION 7Legislation, Policies and Funding – Opportunities and Challenges 222 86 SSF: CHILD CARE MASTER PLAN LEGISLATION, POLICIES AND FUNDING 2021-2023 7 Federal Funding and Legislation 86 https://www.cnn.com/2021/12/20/politics/joe-biden-build-back-better-setback-explained/index.html Federal opportunities for funding and legislation exist in several buckets. President Biden’s “Build Back Better Plan” consists of several components that impact families and children. The first bucket is related to federal legislation stemming from COVID Relief. The American Rescue Plan86, which passed and was implemented in 2021, provided safety net programs such as, COVID relief and safety net funding for businesses (including child care), and an enhanced child tax credit of $300/child for families with children under 6 years and $250/child for families with children 6 to 17 years (families will get the full credit if they earn up to $150,000 for a couple or $112,500 for single parent households. The tax benefit phases out with higher incomes) and included other supports that were time limited and ended in December 2021. Additional elements in the American Rescue Plan portion of Build Back Better that support child care include: • $14.9 billion for FY21 for the Child Care and Development Block Grant program, which provides child care subsidies for low-income families with children under age 13; • $23.9 billion for FY21 for child care stabilization grants for child care providers, specifically to help pay for personnel, training, rent, and sanitation at child care facilities; and • $1 billion for FY21 for the Head Start program, which promotes the school readiness of young children from low- income families. • $125.8 billion to the Department of Education for the Elementary and Secondary School Emergency Relief Fund. These funds are being distributed locally to specifically address COVID Pandemic impacts. The American Families Plan portion of Build Back Better for 2022–2023 is currently in the process of being modified and re- written, as it did not have the votes needed to pass at the end of the session in winter 2021. Key elements of this proposal still include: • A continuation of the enhanced child tax credit ($3,600 annually for each younger child and $3,000 for each older one). • A limit on child care costs to parents for children younger than 6 years old to no more than 7% of income for those earning up to 250% of the state median income, expanding access to 20 million children. • Universal Pre-K for all 3- and 4-year-olds. • Expanded access to federal child nutrition programs. • Four weeks of paid family leave for new parents and those caring for family members of recovering from illness (the United States currently has no federal paid family or sick leave benefits). • Increases in Pell grants for students. • Increases in workforce development programs. Advocating for passage of components of this legislation, that reflects the first major investment in developing a federal child care program is critical. South San Francisco families locally pay significantly more than the recommended percentage of 7% of total budget (35%-50% for low to moderate wage workers that cannot secure subsidies) and as described in other sections of this report, the high costs of housing create impossible choices for families, including relocating, borrowing, utilizing sub-standard child care, going without basic needs, and deferring employment, school, and opportunities. 223 87 SSF: CHILD CARE MASTER PLAN LEGISLATION, POLICIES AND FUNDING 2021-2023 7 Another key funding bucket for child care workforce support is in the area of Workforce Development. Workforce Innovation and Opportunity Act funds, (WIOA)87 are distributed to states through a formula grant to address a number of relevant workforce needs: Some important aspects of WIOA include: • An increase in the priority for providing services to out-of- school youth ages 16 to 24 from prior legislation; • Encouragement of the implementation of career-pathway approaches; • Improving services to employers by promoting sector-based partnerships and making state and local workforce boards responsible for activities to meet the workforce needs of local and regional employers; and • Encouraging work-based learning activities, such as on- the-job training, registered apprenticeships, unpaid work experiences, like internships and job shadowing, and incumbent worker training. Each of these buckets have potential and promise for increased utilization by Workforce Development Boards locally for utilization to stabilize, prioritize and develop the recommendations in the “Workforce” section of this report which includes a dependency on youth pipeline programs, apprenticeship, internships, and COVID short –term training opportunities. A significant expansion in workforce funding as a result of the COVID pandemic centers around workforce stabilization efforts, short-term training, building systems and serving underserved populations. Two federal opportunities specifically are housed in apprenticeship; PAYA – Partnership to Advance Youth Apprenticeship88 and Apprenticeship Building America89. 87 https://workforce.urban.org/strategy/workforce-innovation-and-opportunity-act 88 https://www.newamerica.org/education-policy/press-releases/paya-grantee-announcement/ 89 https://www.grants.gov/web/grants/view-opportunity.html?oppId=336694 224 88 SSF: CHILD CARE MASTER PLAN LEGISLATION, POLICIES AND FUNDING 2021-2023 7 Local Policies and Funding Locally, NOVAWORKS90 serves as a Workforce Development Board for the county and has in its mission, addressing workforce and labor needs of employers and key sectors in the region. The San Mateo County Economic Development Association, (SAMCEDA)91 plays a critical role in supporting business development and economic growth in San Mateo County. San Mateo County Strong92, a program of SAMCEDA, the County of San Mateo and local business, distributed significant COVID relief funds to support child care stabilization and to serve the children of essential workers in learning labs in South San Francisco, as described in other areas of this report. Other local funding sources include MEASURE K93 funds in San Mateo County which is a half-cent sales tax designed to support a range of services including child care, preschool, afterschool and reading supports. These funds were utilized for the COVID relief efforts and have supported child care throughout the county. Grants related to the US Economic Development Agency include the federal, Good Jobs Challenge94 grants that support collaborations between employers, higher education, workforce development and government to mobilize community responses to job creation in priority sectors. Another source of funds for child care workforce expansion are partnerships with area community colleges (specifically those in the San Mateo Community College District). Career Technical Programs in California Community Colleges must demonstrate relationships with employers, sector alignment and pathways that meet current labor market demands. The Human Development and Education sector fits all areas and is classified as a CTE program. Additionally, students are overwhelmingly female, representative of disproportionately impacted populations, low-moderate income and often English language learners. These are often target populations for workforce programs. In the recent California Community College Academic Senate Plenary, the following Resolution passed unanimously on April 21, 2021 and contained the following description of the future ECE/EDU workforce: +*21.02 S21 Prioritizing System Support for the ECE/EDU Education and Human Development Sector California Community College Academic Senate – Spring Plenary; April 21, 202195 – Resolutions Author; Kathleen White 90 https://novaworks.org/about/workforceboard/members 91 https://www.samceda.org 92 https://www.smcstrong.org 93 https://cmo.smcgov.org/measure-k-frequently-asked-questions 94 https://eda.gov/arpa/good-jobs-challenge/ 95 https://asccc.org/sites/default/files/Resolutions%20Spring%202021%20For%20Review%20Period--To%20Send%20%20Out_0.pdf Whereas, The California Governor’s Master Plan for Early Learning and Care: California for All Kids, released on December 1, 2020, contained sweeping recommendations related to the broad expansion of child care and expanded learning and the provision of Transitional Kindergarten (TK) services for all of California’s four-year-olds, resulting in significant impacts on early childhood education and education (ECE/EDU) courses and the pivotal role California community college programs hold in recruiting, preparing, graduating, transferring, and supporting over 85% of the ECE center workforce and the 54% of credentialed TK-grade 12 teachers in California who complete ECE/EDU classes; Whereas, The Education and Human Development (EHDS) Sector enrolled 146,716 students at California community colleges in 2018–2019, ranking fifth in enrollment and degree and certificate completion among the ten priority CTE career sectors, and is a sector that directly addresses issues of equity by providing college pathways leading to employment for the highest percentage of female students at 83%, with 67% of students being non-white, and has the second highest percentage of economically disadvantaged students, at 78%, of all 10 sectors listed; Whereas, The COVID crisis has destabilized the EHDS sector, disrupted ECE and TK-12 teacher preparation pipelines, and resulted in significant impacts on working and single parents – especially essential, low to moderate wage displaced workers and families who have suffered from the loss of ECE and after-school child care – such that the state of California will not experience economic recovery without supporting the replacement of teachers at all levels; and Whereas, Serious teacher shortages over the next five years are projected to create over 124,000 openings annually in California for a cluster of twenty teacher occupations including preschool, elementary, secondary, and special education, and related occupations such as infant care, after-school care, and family child care are experiencing acceleration of retirements and job loss. 225 89 SSF: CHILD CARE MASTER PLAN LEGISLATION, POLICIES AND FUNDING 2021-2023 7 Collaborating with Community Colleges The resolution described in the preceding page is significant, as community colleges can access critical funds for supporting Career Technical Education priority workforce preparation programs, including Strong Workforce (SWP)96 funds to develop programs serving adults and K-12 Strong Workforce funds for high schools and Local Educational Agencies (LEAs). For instance, San Mateo County Office of Education recently received SWP –K-1297 funds to improve college readiness for youth attending north county schools, including at SSFUSD. This recently announced award can be utilized to grow workforce pipelines in the ECE/ EDU sector. Additional community college Adult Education, local ROP and job training collaboratives also provide workforce development funds. Community colleges offer specific workforce development opportunities such as the California Apprenticeship Initiative98, and Short-Term Training incentive programs as well as Centers of Excellence for Labor Market reports, data and projections of specific workforce sectors. Skyline College just received in January 2022, a CAI Grant to support the development of Apprenticeships for the ECE Workforce. Interested employers in South San Francisco can support this project and join the collaborative. Linking workforce demands and shortages with available funding to solve the child care and teaching crisis is critical. Current Workforce Development Grants available in partnership with higher education include: • California Apprenticeship Initiative Grants – OPEN in 2022 • Apprenticeship Building America – OPEN in 2022 • Closing the Skills Federal Grant – OPEN in 2022 • CA US DOL California State Apprenticeship Expansion Grant State Apprenticeship Expansion, Equity, and Innovation Grant (SAEEI) – OPEN in 2022 • CSPP Expansion Grant, open in 2022 See the “Recommendations” section in this report for a comprehensive list of grant opportunities. 96 https://www.cccco.edu/About-Us/Chancellors-Office/Divisions/Workforce-and-Economic-Development/Strong-Workforce-Program 97 https://www.smcoe.org/about/county-office-of-education/news/county-office-of-education-receives-grant-to-improve-college-and-career-readiness.html 98 https://foundationccc.org/What-We-Do/Workforce-Development/Workforce-Services/California-Apprenticeship-Initiative Workforce Investment – A New Frontier for Child Care Historically, child care employers and staff have not utilized workforce development or jobs creation funds to support or define this workforce. Child care providers were not part of economic development organizations and child care was viewed as not being a “serious” business. Gender bias, inexperience with workforce systems, a lack of understanding of business development networks, a field heavily occupied by women of color (many born outside of the country) and institutional bias kept doors to innovation closed. Additionally, many workforce boards deemed the salaries of the entry-level child care staff as being “too low”, and chose to focus on higher wage jobs and careers. This misperception creates a conundrum as teachers at all levels remain critical to economic development, yet wages are considered too low to support! Under-appreciating and under- investing in the child care workforce creates shortages in child care, high turnover and lower quality services which impacts employers seeking to attract and retain parents and guardians, as well as the long-term developmental outcomes of the young children enrolled. While child outcomes are primarily reliant on their families and their parents, the skills and competencies of their teachers and caregivers play a significant role in school readiness. Under-investing in teachers at all levels impacts all sectors as sector growth and efficacy is dependent on high quality instruction for the students in the classrooms. The link between teacher quality and availability and economic growth is multi-generational and spans all sectors. For instance, the current shortage of STEM teachers impacts the readiness and preparation of students entering Biotech Pathways here in South San Francisco! The COVID pandemic has illuminated the fragility of the current system and parents, employers and community leaders have seen the link between a child care and educational system in chaos and a workforce in need of family supports firsthand. Historical Familiarity with CDE, Headstart and DSS Funds The child care community typically is well versed in seeking funding from California Department of Education (CDE). The Early Education and After School Divisions are large and support programs across the region. As described in earlier sections of this report, subsidized child care programs are available in South San Francisco and the majority are funded with CDE funding. Child care providers gained expertise in managing and seeking funding 226 90 SSF: CHILD CARE MASTER PLAN LEGISLATION, POLICIES AND FUNDING 2021-2023 7 for subsidies, program quality improvements and curricular supports from the California Department of Education. The CDE contracts with school districts and individual child care providers for a range of services impacting child care: subsidies for children, quality improvement activities, curricular needs, integrated services between school districts and child care, special education, after-school ASES funds, teacher credentialing and permitting, etc. Recently, in 2021, CDE divided child care subsidy responsibilities with the California Department of Social Service. CDSS has assumed agency control of CCTR contracts, Alternative Payment Programs, CalWORKS Child Care, Child Nutrition Programs, and continues to manage child care licensing as well as numerous other services. Accomplishing this during the COVID pandemic was difficult. Locally, federal Headstart99 funds also provide subsidized child care services, based on the 1964, War on Poverty Legislation, passed by President Lyndon Johnson, and implemented in 1995. The IZZI Headstart Program in South San Francisco provides federal Headstart services, administered by the Federal Office of the Administration in partnership with CDE for Early Headstart and wrap-around coordination. Priority Programs to Watch TK Expansion and ASES – ELO-P After-School Expansion Two significant items to act on in the Governor’s 2021–2022 budget for child care are the expansion of Transitional Kindergarten, in essence, providing universal preschool for 4-year-olds and a 13th grade to the TK-12 public school offerings (including a proposed phase-in for income eligible 3-year-olds (creating a grade 14) and the significant expansion of ASES and ELO-P extended learning, after-school and summer care funding. While California has the largest and highest-rated expanded learning system in the nation, it relies on the quality of and investment in its workforce. Just as quality teachers are linked to improved student outcomes, quality expanded learning staff are the most important factor in student success. Ensuring that workforce and facilities are available to serve additional students will take a coordinated effort as all San Mateo County communities will be expanding programs simultaneously. Ensuring that wages are competitive and attractive in South San Francisco is a priority. This expansion in essence creates a second after school program to the companion ASES program. ELO-P has guidelines that differ and both are permanent programs set to increase to $5 billion total. 99 https://www.acf.hhs.gov/ohs/about/history-head-start The demand for after-school services rose to the top of the “SSF Parent/Family Survey”. A shortfall of over 957 spaces for school-age children, including the need for additional summer programming was quantified in the 2017 SMC CCPC Needs Assessment as well. Moving towards a goal of on-or-near site after- school care available for 50% of all SSFUSD and private elementary school students in South San Francisco is a priority goal. Ensuring that available ASES, ELO-P funds as well as community school and other funding sources are utilized to maximize after-school offerings will take both coordination and advocacy. As the SSFUSD, SSF P&R Department, the SSF Library, private providers and youth serving organizations all offer after-school services in SSF, a collaborative approach is needed. School joint-use facilities are available for public use due to a 2008 Joint Powers Agreement between the South San Francisco Unified School District (SSFUSD) and the City of South San Francisco. As a result of this agreement, some school sports fields, gyms, and other facilities are available for public use. In addition, the city operates licensed before and after school child care and summer camps at six SSFUSD school sites, which include the use of facilities and playground during program hours. These facilities are not owned or exclusively programmed by the city. Ensuring that the Joint-use Facilities/Memorandum of Understanding, (JUA/ MOU) between the city and school district is updated to reflect expanded after school collaborations and facilities needs is a critical step. Additionally, as multiple private child care providers rent space from SSFUSD and the District also provides their own state preschool, child care, and after–school programs, developing a vision and community plan for child care is an important objective. Ensuring that Transitional Kindergarten planning is done collaboratively is essential. In South San Francisco, the SSFUSD is the designee of TK funds and the lead in developing an implementation plan which is due to CDE by June 2022. Explicit TK requirements have been shared with the early learning and K-12 community and plan elements are far-reaching. Additional modest subsidy slot increases to SSF contracted programs are likely, so assisting programs that have additional space to serve more children, but are in need of equipment or assisting programs enlarge spaces with renovation and improvement funds may be needed. CDE is expending significant effort in launching TK in California, yet the budget, while substantial and historic, consists of a number 227 91 SSF: CHILD CARE MASTER PLAN LEGISLATION, POLICIES AND FUNDING 2021-2023 7 of one-time funds, including time–limited Prop. 98 funds, short term funds for planning and limited attention to workforce development needs, teacher shortages and the lack of facilities to house these new programs. Historically, CDE has under-funded facilities improvements and acquisitions for child care, so this creates a challenge for Districts like SSFUSD in urban areas with limited unused space, limited facilities improvement and construction resources and high costs. While California trails other states in early education, with only 37% of the states 3 million children under the age of 5 years old attending a state preschool or Transitional Kindergarten program, in San Mateo County there is an estimated 112,076 children in this age group. Because 90% of brain development occurs in the years before kindergarten, the commitment to providing additional resources to this age group as a means of addressing the achievement (opportunity) gap is laudable. In South San Francisco, assessing TK participation and need with specificity is challenging as 4-year-olds are eligible for TK based on a September 1 birthday and current data on actual birthdates do not exist for children not yet in elementary school, in a centralized and accessible format. Estimates must be made to project actual eligibility by age. Ensuring that multi-lingual family outreach is made within SSF to determine potential TK enrollment will be important. Additionally, most population data is not available by exact age, only broader clusters, so coordinating outreach to all centers and family child care homes to outreach to 3- and 4-year-olds will be neccesary. Community outreach in shopping areas, parent hubs,resource centers, civic and religious organizations will be critical. Based on the SMC CCPNA needs assessment and SHAPE SSF population figures, there could be approximately 600 SSF children that could potentially be served in Transitional Kindergarten currently. Many of these children are already enrolled in full-fee or subsidy preschool programs or are cared for in family child care or by family, friends or neighbors. The new TK configurations will either need to include current community programs, or be structured to meet child care scheduling and after-school needs. The shortfall in SSF is in full-day, full-year subsidized spaces (free or low cost) as many of the current programs are part time and part year and not available year-round. Of those, 110 children enrolled in 2021 in Transitional KIndergarten and there is a gap of an estimated 60–70 subsidized spaces for 4-year-olds that may not be enrolled in any programs. Of course, as TK becomes more available, families need guidance in understanding how to remain in existing programs if preferred, how to access free TK if currently paying for services and how to obtain full-day, full year schedules and or TK after-school services if currently attending a part-time program. To further complicate projections, legislation is being considered to allow the use of existing community preschool programs in a community response to TK provision. Clarifying the conditions under which existing preschools can offer TK and TK teacher and staff certification requirements, available funding and processes for data sharing, reporting, and explaining community –based options for Universal Care within the community to parents will be critical. Watch SB 976 for additional guidance on this issue as well as AB 1973, which will require full day TK as the landscape continues to evolve. Workforce issues related to wage differentials between District – funded TK teachers and community–based TK teachers also could result in a destabilization of programs for 0-3 years old, as preschool teachers with advanced degrees exit SSF programs to take TK jobs in surrounding areas. Ensuring that wage parity is prioritized and advocated for, as well as ensuring appropriate educational skills for all TK teachers, and focusing on the unique needs of young children is a policy priority. In January 2022, The California Department of Education (CDE) announced the release of the Early Education Teacher Development Grant Program which is designed to begin to address the need for 11,000 new TK teachers in California by 2025 to serve in new TK classrooms. Collaborative planning with local grant recipients (potentially, SMCOE & SSFUSD) will also be required to develop shared workforce policies. SSFUSD Needs Support With the SSFUSD at the nexus of significant incoming funding, it is critical that the district receive support in a number of areas. As a Basic Aid or Community-funded District, (relying primarily on property tax revenue due to a state formula) SSFUSD receives significantly less than other San Mateo County School Districts. For districts with high concentrations of low-income students, who qualify for extra Local Control Funding Formula and federal Title I money, funding is augmented, but key indicators of low- income status are dependent on free and reduced school lunch figures which have fallen from 42% to 41% of student population, primarily because of reduced incentives to complete income paperwork due to universal access to food service. This limits the amount of incoming funds available for implementing new programs such as TK and often requires a match. Advocacy support and collaborative community solutions are needed to ensure that the district has access to new child care funds and the administrative support to launch critical programs. 228 92 SSF: CHILD CARE MASTER PLAN LEGISLATION, POLICIES AND FUNDING 2021-2023 7 Additional Local Funding Additional local funding sources for child care (as well as other community benefit programs and projects) include the San Mateo County, Measure K half cent sales tax which partially funds the Big Lift, which is a reading, learning loss prevention and school readiness support initiative, as well as other child care supports, including COVID relief and stabilization. The SSF Parks and Recreation Department as well as SSFUSD and the SSF Library receive Big Lift Funds. The Silicon Valley Community Ventures both funds and coordinates a number of child care initiatives and supports that are granted to programs in South San Francisco, as described in the “Overview from a Child Care Lens” section of this report. The San Mateo County ARPA Fund is due to be released shortly and contains significant child care eligibility and priority. The allocation for children’s programs in the grant is $13.5 million with a split between child care and extended learning services stated. Funds are to be utilized to build capacity, prevent COVID related closures, stabilize programs, enrich learning opportunities, support family child care and expand and enrich summer learning opportunities. Funds can also be utilized to support essential workers, hire and retain staff, including hiring and retention supports. As this is one-time funds, a range of possibilities for SSF include, efforts to support and retain staff, kick-starting the collaborative activities between SSFUSD and SSF P&R, funding the planning for the implementation of items within the CCMP SSF, supporting collaborative and community efforts to plan for TK in SSF and planning for after-school program and facilities expansion to serve a goal of 50% of enrolled elementary school students , including after-school care for children in newly expanded TK classrooms. State Budget and Projected Budget Highlights In California, the 2021–2022 budget aligned with the Biden-Harris Administration’s proposals for investment in Early Learning and Care and families, found in its American Families Plan, which included $200 billion to expand Pre-K to all 3- and 4-year-olds and $225 billion to increase access to high-quality, affordable child care for young children. While the federal plan was stalled and is being re-worked, the California budget for 21–22 included a range of key opportunities for child care expansion and improvement described in the Governor’s Master Plan for Early Learning and Care: California for all Kids, 2020100. 100 https://www.gov.ca.gov/2020/12/01/governor-newsom-releases-the-master-plan-for-early-learning-and-care-california-for-all-kids/ AB 130, AB 131, AB 22 and SB 50 together combined to address critical child care and development needs in found within the CCMP SSF. Together they contained Transitional Kindergarten funding provisions, one-time facilities funds for TK expansion, addressed improvements to the TK system by providing full day programming, lowering staff ratios, added capacity to current Headstart and CSPP programs and supported increasing services to additional infants and toddlers. With this budget, California took a step towards ensuring that every child can receive one year of Pre-K, most low-income children will get at least two years of Pre-K, plus increases in care for infants and toddlers. Concerns include a heavy reliance on one-time funds in a state where revenues have been volatile and dependent on capital gains receipts of wealthy Californians, restricting long term staffing and programmatic stability. The budget that the Governor signed in July 2021 contained significant provisions which include: • A $2.7 billion dollar investment in TK. The expansion of TK to serve all 4-year-olds starting in 2022–23 and reaching full implementation by the 2025–26 school year. The budget also makes quality improvements to TK, such as lowering child-adult ratios to 12:1 for 2022–23 and to 10:1 starting in 2023–24. • The authorization for the California State Preschool Program (CSPP) contracting agencies to offer wraparound child care services for eligible children enrolled in TK or K-12. • Parent ability to choose which Early Learning and Care program best serves their 4-year-old. • $300M to establish the California Prekindergarten Planning and Implementation Grant Program to support expansion and access to classroom-based Pre-K programs at school districts and increase the number of highly-qualified teachers. • Authorization of the Commission on Teacher Credentialing to convene a group of stakeholders to assess TK credentialing requirements and align them with the Master Plan for Early Learning and Care. • Waiver of Family Fees through June 30, 2022 for subsidized child care. • $530 million to subsidize 120,000 new child care slots in CA. • $840 million for increased subsidy payments to child care providers (to address increased costs and workforce shortages) and the $189 million for the provision of rate supplements. 229 93 SSF: CHILD CARE MASTER PLAN LEGISLATION, POLICIES AND FUNDING 2021-2023 7 • $1.75 billion for after school and summer school enrichment (SSFUSD allocation 1.339,521 million in expansion funds101). • $300 million for the California Pre-Kindergarten Planning and Implementation Grant Program for the professional development of preschool, transitional kindergarten and kindergarten teachers, as they create inclusive classrooms that embrace English language learners, social-emotional learning, trauma-informed practices, restorative practices, and mitigate implicit biases. • Expanded school nutrition programs, including school breakfast and lunch for all children. • $3 billion for the expansion of Community Schools that serve as multi-service hubs. • $260 million for the Special Education Preschool Grant. Proposed Highlights of the 2022–2023 proposed Governor’s Budget include: • 823.7 million to expand child care by 36,000 additional slots and 373 million to support reimbursement rate increases. • $500 million to support special education students in inclusive classrooms with non-special education students. • $639 million to expand Transitional Kindergarten and an additional $383 million to add one staff person to classrooms. • $55 million to extend the Young Child Tax Credit. • $3.4 billion for Exp Learning expansion (after-school). • $19 million to for TK-12 teacher development. • $1.3 billion for construction of new facilities in TK-12. • $1.5 billion to support building career pathways in the high need areas of health care, technology, climate and Education. • $20 million for the Pathways Grant Program for High-Skilled Careers to prepare students in grades 9–14 for the high-skill fields of Education and Early Education; science, technology, engineering and math (STEM) and healthcare. 2.8 billion in funds to attract, prepare, retain and fill gaps in the teaching workforce: • Additional funds proposed for the Teacher Residency Grant Program, Classified Employee Teacher Credentialing Program, Golden State Teacher Grant Program. • Expand community college programs in Early Education and Education. 101 https://www.cde.ca.gov/fg/aa/pa/elop2122.asp • Supporting workforce preparedness and high-demand career pipelines. • Increasing the percentage of K-12 students who graduate with 12 or more college units earned through dual enrollment in high school by 15 percent. • Focusing on establishing or expanding programs that address California’s workforce needs in healthcare, climate action, education and early education. • Increasing the number of students graduating with degrees or credentials in STEM, and Education or Early Education disciplines, and academic doctoral degrees, by 25 percent by 2026–27. The goal is to support high-demand career pipelines for technology, climate action, healthcare, and education. 230 94 SSF: CHILD CARE MASTER PLAN LEGISLATION, POLICIES AND FUNDING 2021-2023 7 Planning for Child Care – Origins of SSF Policies 102 https://solano.com/products/planning-for-childcare-in-california 103 https://community-wealth.org/content/national-economic-development-and-law-center As described by Sharon Ranals, Assistant City Manager and former Parks and Recreation Department Director, and Kristen Anderson, former Child Care Coordinator for the City of Redwood City, and author of Planning for Child Care in California102, planning for child care development in South San Francisco set a precedent that had far-ranging implications. Kristen shared, “Mary Petsche, the Director of Child Care Coordinating Council, 4Cs, recognized the value of engaging leaders in cities, the county, business, labor, to gain support for child care. She enjoyed the politics and built relationships with influential leaders, some of whom later moved to state/national leadership positions. Also, efforts in support of child care agencies with programs on school sites lead to increased visibility and collaboration. Mary built relationships with Gene Mullin and Jackie Speier very early in their illustrious political careers in San Mateo County and envisioned a structure for financing facilities. Mary and other Resource and Referral Agency directors in the area worked with Jan Stokely at the National Economic Development and Law Center, NEDLC103, to found the Local Investment in Child Care Project (LINCC) in 1997, funded by Packard Foundation. The goal was to create local infrastructure to support child care facilities development. Strategies included: addressing land use policy/practice barriers, creating economic development linkages, building business skills of child care operators, and securing financing resources. In 1997, South San Francisco began development of a new General Plan and Kristen Anderson was then hired as a consultant to draft child care policies. She was working as the Redwood City Child Care Coordinator, on the LINCC, and had received training and mentoring on policies related to facilities development from Abby Cohen at the Child Care Law Center, CCLC. She drafted the policies that were included in the Land Use and Circulation/ Transportation elements of the adopted 1999 General Plan. Former Councilman Gene Mullin then decided to explore adopting a developer impact fee for child care, so the city funded the required nexus study. Joanne Brion of Brion Economics, Inc., who had experience with nexus studies for local governments was hired; she wasn’t yet familiar with the child care system so Kristin and Heather Quinn, Asst to City Manager, briefed her on the fee study and proposed options for creating new spaces.” Sharon Ranals, SSF Assistant City Manager shared, “The City of South San Francisco recognized the growing shortage of high- quality affordable child care options locally as development increased. In 2001 former Councilman Gene Mullin led the city council to pass Chapter 20.310 in the South San Francisco Municipal Code, which sought to help address the growing shortage by collecting impact fees from future local commercial and residential developers to fund the development and expansion of child care facilities in the city’s major employment areas. City staff who were instrumental in establishing the Ordinance, which was the first in San Mateo County, included Chief Planner Susy Kalkin and Assistant City Manager/Director of Economic and Community Development Marty VanDuyn.” The city required the funds only be utilized for capital costs to establish new spaces for child care, not toward operational costs such as paying for staff. The city’s legislation was supported by the State of California’s impact fees enabling legislation passed in 1987 called “AB 1600 Mitigation Fee Act,” which provides the parameters for broadly levying development impact fees locally. To date, the city has collected several million dollars in child care impact fees which has helped finance the construction and expansion of two child care buildings and a playground, significantly increasing the number of available child care spaces in South San Francisco. Early uses also included support to establish family child care homes. The fund has been accumulating in recent years, and the city is currently considering the most effective use of these funds. The CCMP SSF will inform this effort. The Gateway Child Care Center, built by the city with redevelopment agency funds and leased to the YMCA, was in process already at the time, so did not utilize impact fee funds. South San Francisco continues to lead the way in this area. As only one of two cities in San Mateo County with child care impact fees on new residential and commercial development (joined by the City of San Mateo in 2004) the early model for financing and supporting child care development exemplifies the ongoing commitment of the city and its leadership to promote and facilitate child care development. 231 95 SSF: CHILD CARE MASTER PLAN LEGISLATION, POLICIES AND FUNDING 2021-2023 7 The General Plan, adopted in 1999, and now being revised and updated as SHAPE SSF 2022–2040, originally included several policies that are supportive of child care within the Land Use Element, specifically, (Policies 2-G-9, 2-I-12, and 2-I- 20), summarized below: 104 https://housing.smcgov.org/sites/housing.smcgov.org/files/Ex%20A%20SMC%20Childcare%20Needs%20Assessment.pdf Original 1999 General Plan Elements Under Land Use: 2-G-9: Facilitate development of child care centers and homes in all areas, and encourage inclusion of child care centers in non- residential developments. 2-I-12: Undertake comprehensive efforts to promote development of child care facilities. Efforts should include: Permitting child care centers in all districts; Developing criteria for incentives for child care facilities, as part of bonuses for specified TDM programs (Policy 2-I-5); Exploring the feasibility of assisting child care providers and developers to identify and develop potential sites; and preparing a child care start-up guide. 2-I-20: Initiate a nexus analysis with the intent of creating a revenue source or improvements to be used to provide new child care facilities and programs. The proposed SHAPE SSF 2040 General Plan aligns and intersects with the CCMP SSF and provides broad goals and action steps that are further detailed in this plan. The structure of the updated General Plan allows for the general public to see which departments and city entities are responsible for specific elements and expands child care goals and actions significantly. When viewed together, the documents create a template on where to go, what needs to be done and includes strategies on reaching optimal child care availability, quality and access within the city. New recommendations, aligned with the CCMP SSF will serve to: • Expand child care availability in SSF, especially in under- resourced areas. • Improve ease of opening and operating child care facilities in SSF and removing or reducing parking, zoning and business development barriers. • Improve specific child care quality of life elements. • State a commitment to meeting unmet child care needs, including expanding subsidies and striving for a universal preschool system. • Expand after-school and summer child care within the city. • Specifically encourage inter-departmental and cross agency collaboration. • Encourage increasing collaboration with SSFUSD as related to the JUA/MOU and the provision of TK, child care and related services. • Address recent regulation changes related to large family child care home establishment (Skinner – SB 234). • Expand child care in multiple land use designations within the city and maintain an inventory of potential spaces. • Explore family child care business supports. • Advocate as a city, for child care services, funding and opportunities. Policies to Grow the Future In May 2017, the San Mateo County Child Care and Preschool Facilities Task Force104, as part of the final report for the “SMC CCPNA 2017” stated, ”Regional planning advocates have long recognized the connection between affordable housing, traffic congestion, jobs and education as key drivers of where families choose to live. The shortage of affordable high-quality child care and preschool facilities must also be a part of the equation. The lack of high-quality affordable child care is impacting a large segment of San Mateo County’s workforce, which in turn impacts transportation and housing. It is exceedingly rare for a neighborhood to have affordable housing, job opportunities, high-quality child care and education and public transit options. Therefore, people often have to sacrifice at least one of these elements to make ends meet.” The projected growth of the gap between children in need of care and a lack of child care spaces is expected to approach 14,000 spaces by the year 2025 for San Mateo County. The average cost to build one child care space is $40,717. In total, it would cost approximately $428 million to meet the unmet demand in 2025. 232 96 SSF: CHILD CARE MASTER PLAN LEGISLATION, POLICIES AND FUNDING 2021-2023 7 The report further detailed the need to calculate the cost per square foot of commercial space, the availability of space, the vacancy rate, limited land availability and real estate competition and price per square foot to develop vacant land, price per sq/ft to build out facilities and price per square feet to improve existing facilities. As each child requires 35 sq.ft./per child in indoor space, and 75 sq.ft/per child in outdoor space – each child requires 110 square feet of total available space. The report noted that, “The high cost of real estate and limited availability of land are factors that greatly influence the supply of child care and preschool facilities in high-cost counties, such as San Mateo.” South San Francisco as of January 2022, has about 3,200 housing units, 700 hotel rooms, and 6,700,000 non-residential square feet in the entitlement pipeline or under construction. Downtown, East of Hwy 101, El Camino, and Lindenville sub-areas are anticipated to experience the most development. As reported in the SHAPE SSF, 80% of permitted units are at the “above moderate” income level. Per the 2015–2023 Regional Housing Need Allocations (RHNA), the City of South San Francisco must permit about 1,900 housing units within this timeframe at varying levels of affordability to meet this requirement. Currently, meeting 37% of units at below moderate-income levels, the city is far behind in meeting the low-income housing requirement. Ensuring that housing is available for all income levels reduces displacement of current residents and increases housing availability for the moderate wage service industry and support employees that will be needed in the new developments. Incentivizing family child care businesses in new housing developments, providing target programs such as “teacher housing” and expanding it to “child care provider housing”, decreasing restrictions such as parking requirements, and increasing business development supports such as the grant programs for family child care and centers contained in other sections of this report will help to ameliorate the significant impacts to child care as a result of increased jobs, concentrated in an area with limited services for employees with children. Understanding child care shortages in gaps throughout San Mateo County are important, as workers commute and enroll in child care typically near home, work, the school of older siblings or on their commute route. Shortages in other areas of the county and in neighboring counties can displace residents. While city planners regularly engage in studying housing, transportation, jobs and school impacts on residential and business growth, the impacts of child care can also be far- reaching. With significant business growth concentrated in an area, such as East of 101, higher wage earners who can commute 105 https://www.thebiglift.org 106 https://www.cdfifund.gov/programs-training/programs/new-markets-tax-credit with infants and toddlers, or who reside in newly constructed housing may displace low-moderate wage earners and utilize available child care spaces. This includes the low-moderate wage earners that will be needed to fill service and support jobs needed in the area. Displacement of low-moderate income residents will extend further into West of Hwy 101 and a worse-case scenario involves low-moderate wage former residents and employees commuting long distances from impacted communities without access to subsidized child care, public transportation or family services. Providing incentives for developers to construct child care facilities in lieu of paying impact fees can increase child care stock and can increase costs to the employer, yet provide long term impact to the community when growth projections are so extensive and concentrated. Additional financing measures include school district bonds and sales tax increases, like the county-wide Measure K, half cent sales tax which was used to establish the San Mateo County Early Learning and Care Trust Fund and the Big Lift105 which focuses services and programs on improving literacy rates in areas of greatest child care need. Additionally, ensuring that child care providers have access to specific supportive services in newly developed as well as existing areas is an important quality factor. In addition to retail areas, transit, parking, drop-off and pick-up areas, and emergency services, family child care providers, home based caregivers and small centers need access to community parks and child friendly outdoor spaces with amenities such as: infant changing tables, toddler lots, secure fenced areas, stroller/wheeled pathways, excellent lighting, access to water, availability for use by groups of children. Linking a portion of parks impact fees to enhance outdoor resources for child care would result in children in care having more access to city facilities. Additional funding sources that may be appropriate include the New Market Tax Credit Program106 for community development and investments in distressed communities. Investigating census tracts # 06081602200 and #06081602100 as NMTC and/or Oppotunity Zones could be fruitful. Further exploring the use of redevelopment funds (as they were utilized in 2004 to build the site of the Peninsula YMCA, Gateway Child Development Center on Gateway, which is still owned by the City of South San Francisco and operated by the Peninsula YMCA. 233 97 SSF: CHILD CARE MASTER PLAN LEGISLATION, POLICIES AND FUNDING 2021-2023 7 Early Care and Education under 2022 Parcel Tax Effort A parcel tax measure entitled, Early Care and Education for All – South San Francisco107, is currently raising signatures for the November 2022 ballot. The citizen campaign seeks to fully fund – and expand – South San Francisco’s successful early care and education (ECE) programs, including Parks and Recreation Programs, community child care centers, in-home care providers, and family child care providers, so that ALL families who live and work in South City can choose FREE, high-quality care for their children. The proposed ballot initiative seeks to expand provider capacity and raise wages for ECE workers and fully fund programs so every parent and caregiver is empowered to choose the program that works best for their family. The Early Care and Education for All SSF campaign will work collaboratively to create a program centered on three core stated principles: • Provides free preschool in South San Francisco: Free preschool in the environment of parents’ choice, with high-quality care. • Pays all early childhood education workers a living wage: A living wage for child care workers and preschool teachers, plus access to union representation and benefits. • Is paid for by taxes on corporations: Funded by new city taxes on large corporations. Guided by work outlined in Funding the Next Generation108, founded by Margaret Brodkin, the parcel tax effort seeks to promote and fight for local public funding measures for services to children and families; funds like San Francisco’s Children and Youth Fund and the Oakland Kids First Fund. Within the measure are components of the goals of the CCMP SSF, including universal preschool for SSF preschool-age children and significant workforce wage increases to address the current workforce shortages. For additional information visit: http://ece4allssf.org 107 http://ece4allssf.org/our-plan/ 108 https://www.fundingthenextgeneration.org/resources/ 234 98 SSF: CHILD CARE MASTER PLAN LEGISLATION, POLICIES AND FUNDING 2021-2023 7 Impact Fees The Quimby Act (Section 66477 of the California Government Code) and the California Fee Mitigation Act (Assembly Bill 1600) allow communities to require developers to dedicate land or pay an in-lieu fee as a condition of approval. The basic premise is that new development brings in more residents, placing a strain on the existing infrastructure and public facilities projects like park, recreation, and child care resources. Development Impact Fees offset the impact by providing park, recreational facilities, and child care facilities to serve new residents. The city currently has impact fees for parks, child care, and public art. Developer impact fees are exclusively for capital improvements serving new development to offset the impact of a particular project or new growth. Two cities in San Mateo County have a child care impact fee to help fund child care facilities: Municipality San Mateo South San Francisco City Information Contact: Heather Stewart, Senior Management Analyst hstewart@cityofsanmateo.org UPDATE: # programs funded in 2020–2022 Peninsula Family Services Beresford Montessori St. Andrews Church/Footsteps • Developing a Start Up Child Care Guide and will share • Funds must be expended in 5 years • Capital projects only • Developing a cross-departmental review process • SM – Updating General Plan Contact: Billy Gross – Principal Planner billy.gross@ssf.net Approved – 9/23/2020 Sharon Ranals, Asst. City Manager sharon.ranals@ssf.net Update: Current Impact Fee balance as of January 2022 is $11,000,000. City currently considering best utilization of impact fees and will take CCMP SSF recommendations into consideration. Continued on the next page 235 99 SSF: CHILD CARE MASTER PLAN LEGISLATION, POLICIES AND FUNDING 2021-2023 7 Municipality San Mateo South San Francisco Developer Impact Fee Linkage Fees Child Care Development Fee The Child Care Development Fee, which became effective on July 1, 2004 pursuant to City Council Resolution No. 34 (2004), is collected to mitigate the impact of commercial development on the need for child care facilities. The fee is imposed on commercial projects over 10,000 sq. ft. and is charged $1.08 per sq. ft. as shown in the 2019–20 Comprehensive Fee Schedule. Child Care Impact Fee Updated and Approved by SSF City Council on 9/23/2020: The fund balance on 8/2020 was $5,527,397. Funds had annually increased per original resolution and municipal code. Revenues raised by the fee are used to establish new child care spaces. Methods for creating new child care spaces include: building new facilities; expanding existing facilities; leasing existing commercial space or partnering with the School District; and establishing new family child care homes and expanding spaces at existing family child care homes. 2019–20 Activities Child Care Development Fee Beginning Balance – $ 2,175,792 Developer Fees – $ 87,159 Interest Income / (Expense)-$37,205 Expenditures – (687,982) Ending Balance – $ 1,612,174 Past Funds Utilized to Construct Two City- Operated Child Care Facilities: • Westborough Preschool • Siebecker Preschool • Update playground facilities for child care • Family child care support and establishment grants (contracted with 4C’s San Mateo County to operate). See chart published on following page for new guidelines and fee structure. 2019–20 Child Care Development Fee The fee does not apply to public use developments such as hospitals, nonprofit and government facilities, as well as churches, schools, and child care centers. Developers who enter written agreements to pay area standard wages to all construction workers on the project are entitled to a 25% reduction of the fee. Additionally, developers may provide construction of affordable housing units in lieu of the fee payment.2014 Update on Fee Balance and Utilization: City of South San Francisco adopted a child care impact fee in 2001. As of June 30, 2014, approximately $2.0 million in fees had been collected; $650 thousand in interest earnings had been credited to the program and $620 thousand had been expended on projects and program administration fees. Remaining balance after planned projects was $1,995,688. Affordable Housing Commercial Linkage Fee The total ending balance as of the end of fiscal year 2019–20 was $1,612,174. A public improvement project is not currently identified with funding commitment in the five-year plan; however, a budget commitment was made during 2018–19 to fund the Child Care Facilities project in the amount of $2,100,000. The fund balance and continued collection of the Child Care Development Fee will be utilized to fund this project. 2014 – City of San Mateo adopted a Commercial Development Fee for child care in 2004 The fee rate is $1.08/sq. ft. for projects over 10,000 sq. ft. that are one or more of the following: • New commercial development of superstructure • Addition of square footage to existing commercial development • Commercial tenant improvements requiring planning Approval – The current balance of the impact fee fund is approximately $1.2 million and a large bulk of those funds was generated in the last three to four years 2001 – City of South San Francisco Adopted Child Care Impact Fees 236 100 SSF: CHILD CARE MASTER PLAN LEGISLATION, POLICIES AND FUNDING 2021-2023 7 9/23/2020 South San Francisco Child Care Fee Levels Impact Fee Category Current Fee Full Cost Fee Proposed Fee Surplus (Deficit)Cost Recovery % age Low Density – Per unit $1,979 $5,748 $3,463.48 ($2,284)60% Medium Density – Per unit $1,858 $5,034 $3,033.16 ($2,000)60% High Density – Per unit $1,851 $4,285 $2,582.20 ($1,703)60% Comm/Retail Per Sq. Ft.$0.68 $0.82 $0.68 ($0.14)83% Office/R&D – Per Sq. Ft.$0.57 $1.49 $1.26 ($0.23)85% Industrial – Per Sq. Ft.$0.54 $0.50 $0.50 $0.00 100% Hotel – Per Sq. Ft.$0.18 $0.32 $0.25 ($0.07)78% 109 https://first5sanmateo.org/wp-content/uploads/2017/06/Brion-Executive-Summary-Early-Learning-Facilities-Study-2016.pdf Implementing specific recommendations in the CCMP SSF will align with child care impact fee usage. Original impact fee stated goals proposed in 2001 was to fund spaces, associated with new development by 2020. Fee uses have allowed for the expansion of the city operated preschool programs at Siebecker Center and Westborough Park. As described in earlier sections of this report, these programs are continually at capacity with on-going waiting lists for entry. Addressing the need for a third site is a logical use of current impact fees. Including utilization of impact fees within the CCMP SSF recommendations and revisiting annually by the proposed advisory committee entitled, the Joint Advisory Committee to the Child Care Master Plan, JACCCMP, as described in the “Living Plan” section of this report, would allow for better tracking and directly linking them to expansion and increased child care slots. Exploring additional child care financing mechanisms is advisable based on projected housing and employment growth by 2030. The projected addition of 20,000 more residents and 40,000 more employees will impact child care, as an increase of up to 2,000 children in need of care can be assumed based on these projections. Cost of Developing Child Care In 2016, the Brion Economics Team Early Learning Facilities Study – Final Report109, detailed cost estimates for child care construction as well as a range of financing options for child care development. Exploring methods and considering cost-effective mechanisms to gain child care spaces in SSF are as follows: The cost estimates are based on real project costs for various recent child care center projects (by type), adjusted for inflation. Actual costs may vary, and land costs are excluded. The average cost per child care space in San Mateo County varies depending on the type of construction project. The need for new spaces is broken down as follows with these average costs per space by building type: • 40% – New building construction: average cost $43,183 per space • 20% – New or existing commercial space: average cost $53,800 per space • 15% – Expanding existing centers: average cost $37,003 per space • 20% – Portable buildings: average cost $25,412 per space • 5% – Employer-based centers: average cost $41,033 per space • How many children are served with 1 new space? ›Average $40,717 per space ›30-year life ›Attendance – 4 years per child ›7.5 children served over 30 years ›Average cost per child: $5,429 (less than costs to construct a parking space in a lot in the county) 237 101 SSF: CHILD CARE MASTER PLAN LEGISLATION, POLICIES AND FUNDING 2021-2023 7 The following mechanisms or funding methods can be considered to finance child care growth: • Sales Tax Add-Ons – which require two-thirds voter approval • Parcel Taxes – which require two-thirds voter approval and a simple majority for citizen initiatives • Developer Impact Fees – In place in SSF • Employer-Based Care – privately funded • Grants and Foundations – charity based • State Child Care Facilities Revolving Fund – no-interest loans to Providers with contracts with the California Department of Education to provide subsidized child care (moved to CDSS – temporarily halted) • Community Benefits Programs (CBP) – new development – optional for developers • Development Agreements – new development – optional for developers Local Resource Guides, Websites and Policies Neighboring cities have produced publications, manage websites, implemented policies and addressed child care development and challenges: • City of Redwood City Child Care Information and Resource Site – https://www.redwoodcity.org/residents/child-care • City of San Mateo Child Care Development Fee – https:// www.cityofsanmateo.org/4162/Mitigation-Fee-Act- Reports • City of Palo Alto Child Care Resource Data – https://www. cityofpaloalto.org/Departments/Community-Services/ Human-Services/Child-Care-Resource • City of Milpitas Child Care Master Plan – https://www. ci.milpitas.ca.gov/_pdfs/child_care_master_plan.pdf • City of San Francisco Office of ECE – https://sfoece.org • City of San Mateo Child Care Start–up Guide – https://www. cityofsanmateo.org/DocumentCenter/View/150/Child- Care-Start-Up-Guide?bidId= 238 102 SSF: CHILD CARE MASTER PLAN LEGISLATION, POLICIES AND FUNDING 2021-2023 7 A Personal Note This section presents the most challenges in making recommendations. We are at a time of great potential, possibility and contradiction. For those of us that have advocated for the types of budget enhancements and program expansions being currently proposed, legislated, funded, and implemented, it is a time of great relief and joy. Yet there are very real possibilities that funds will be left unspent and services left undelivered due to a range of factors. The child care and education sectors are suffering from significant workforce challenges that are actually preventing responses to available funding and collaborative mobilizing. The high cost of living and housing in San Mateo County, ongoing health concerns, mental and emotional health needs, the stress of shepherding children through unprecedented times, as well as the exhaustion from responding to the COVID pandemic has depleted first responders in child care and education and the lack of staff has overwhelmed stretched administrations. Child care facilities procurement suffers from some of the highest and most competitive real estate and development costs in the country. Renovation and repair costs have escalated and are disrupted by supply chain and labor delays. It is the best of times and the worst of times to grow child care. The money is flowing, but we can barely pick ourselves up to receive it. Section 7: Recommendations: Legislation, Policies and Funding Items that are HIGHLIGHTED are priorities for 2022–2023. 7.1. Actively follow federal developments related to the American Families Plan and track elements that may be approved. It will be critical to blend funds should they be available. Advocate for the continued inclusion of universal preschool, family leaves, child tax credits and a federal child care policy. 7.2. Ensure that families in SSF are aware of federal and state tax credits available to parents and guardians with children. While some tied to the American Rescue Plan have ended, families can still collect when filing 2021 taxes in 2022 and state and federal child care credits as well as earned income credits are often unclaimed and under-utilized. Conduct outreach in Spring 2022, to ensure that families are aware. Tax credits are an important part of increasing family budgets, especially when paying for child care. 7.3. Support the expansion of designated personnel at the city level and at SSFUSD to ensure that collaborative planning, program expansions, workforce development and facilities needs for incoming funding can be executed thoughtfully and with shared purpose. Consider a shared position between the city and SSFUSD to manage child care issues. 7.4. Consider the ECE/EDU Sector workforce for all workforce development opportunities in SSF. Work with local workforce development boards such as NovaWORKS and also with SAMCEDA, local Chambers of Commerce, EDD, Department of Industrial Relations, local unions representing child care employees, California Teachers Association, community resource agencies and local child care employers, to develop support for addressing workforce shortages with a collaborative approach. Ensure that as funding becomes available for high need sectors, this one is prioritized. 7.5. Utilize available WIOA funds to support the development of model pipelines, apprenticeships and pre- apprenticeships for youth to create “Grow Your Own” Programs, as described in the “Workforce” section of this report, and utilize available California Apprenticeship Initiative grant funds available in partnership with Skyline Community College, SSFUSD and the SMCOE to create a SSF Child Care Apprenticeship program and a Pre- Apprenticeship for SSF youth. Target disproportionately impacted youth and seek matching funds from the American Relief Plan and other workforce stabilization sources Including SMCOEs, K-12 SWP, SAEEI. Other programs are utilizing ASES expansion ELO-P funds to pay high school interns in after-school programs. 7.6. Stay informed and become involved in the Early Care and Education for All-SSF Campaign to fund universal preschool in SSF. 7.7. As funds from the current and proposed Governor’s budget for child care expansion become available utilize recommendations in the “COVID Impacts”, “Legislation and Funding” and “Overview from a Child Care Lens” 239 103 SSF: CHILD CARE MASTER PLAN LEGISLATION, POLICIES AND FUNDING 2021-2023 7 sections of this report related to supporting child care providers in obtaining renovation and repair funds for child care facilities to support child care centers in expanding to secure additional subsidy slots through renovation, materials purchases and repairs. 7.8. Ensure that currently funded CDE/CSPP, CDSS/CCTR, Headstart, Alternative Payment Programs and other state and federal child care subsidy programs currently being provided in South San Francisco are supported in applying for and securing additional available subsidy slots. Support new applicants should they become eligible. Based on the gap between supply and need for subsidized preschool and school age care, by zip code, 94080, SSF is one of the nine SMC CCPC110 Priority 1 (one) zip codes for developing and needing new child care spaces in San Mateo County (highest priority). Zip codes are ranked with #1 being the most critical in terms of child care needs. NEW RFP released from CDE Feb. 2022 for CSPP EXPANSION: The California Department of Education (CDE), Early Education Division (EED) has released Management Bulletin (MB) 22-02 which includes CSPP and facilities funding. Coordinate with SMCOE and SSFUSD. 7.9. Utilize community and county experts in accessing subsidized child care slots from CDE, CDSS and Headstart as expansion funds become available. Most first-round expansions will be available through local LEAs (SMCOE, etc.) through direct or CBO sub-contracts. TK and ASES expansions managed through SSFUSD. While more than $7–8 million in CDE, Headstart and CDSS child care subsidy funds were contracted in SSF in 19–20, with an additional $4–5 million in recent COVID relief and local funding, additional work is needed to ensure all funds are expended. Ensure SSF staff participation in and receive announcements from: 7.9a. CDE, Early Childhood Education111; SSF contract programs include: California State Preschool Programs 110 https://www.smcoe.org/about/child-care-partnership-council/ 111 https://www.cde.ca.gov/sp/cd/re/cddeceplan.asp 112 https://www.cde.ca.gov/ci/gs/em/kinderfaq.asp 113 https://www.cde.ca.gov/ls/ex/elopinfo.asp 114 https://www.cdss.ca.gov/inforesources/cdss-programs/calworks-child-care/child-care-transition 115 https://www.cde.ca.gov/fg/fo/profile.asp?id=5771&recID=5771 116 https://www.cdss.ca.gov/inforesources/child-care-and-development/infrastructure-grant-program 117 https://eda.gov/arpa/good-jobs-challenge/ 118 https://caihub.foundationccc.org/Resources 119 https://www.cccco.edu/About-Us/Chancellors-Office/Divisions/Workforce-and-Economic-Development/Strong-Workforce-Program 120 https://www.newamerica.org/education-policy/partnership-advance-youth-apprenticeship/ 121 https://sites.google.com/view/busmc-infant-toddler-grant/home – most administered through LEAs (CSPP), Transitional Kindergarten (TK)112, Expanded Learning/After- School113 – ELOP and ASES 7.9b. CDSS, Child Care and Development114; SSF contract programs include: General Child Care (CCTR), Alternative Payment, (CAPP), Child Care Food Program (CCFP), Early Headstart, CalWORKS Child Care 7.10. Track and support recent funding available to LEAs for the support of Community Schools Elements of community schools include the support of after-school and summer programs, enrichment, parental involvement as well as other health, nutrition and academic supports. 7.11. Implement recommendations in “Needs” section of report related to ensuring that families have access to and understand how to obtain and utilize subsidized care in SSF and better understand how to assess and select child care that suits family needs. 7.12. Develop a local collaborative and coordinated response to the following open, recently closed and not yet awarded funding opportunities including: • The California Department of Education (CDE) Early Education Teacher Development Grant Program115 (LEA and school district applicants) • CDSS – Renovation and Repair Grants116 – up to $249,000 currently available for child care and FCC applicants for minor repairs and major construction funds to be released Spring 2022 • Good Jobs Challenge117 – Regional responses to employment and training needs • California Apprenticeship Grants, CAI118 • CCCCO – Strong Workforce and K-12 Strong Workforce Community College Workforce Grants119 • PAYA – Partnership to Advance Youth Apprenticeship120 • Build Up – Infant Toddler Expansion Grants121 – December 2021 • California Commission on Teacher Credentialing – 240 104 SSF: CHILD CARE MASTER PLAN LEGISLATION, POLICIES AND FUNDING 2021-2023 7 Teacher Residency Capacity Grants122 • CSPP Expansion and Facilities Grants – CDE 22-02 • ELO-P After-School Expansion Grant • ARPA – San Mateo County Grant – Child Care Allocation for COVID related disruptions, support, expansions, etc. • Apprenticeship Building America – 2022 • Closing the Skills Gap – Federal – 2022 7.13. Participate and represent SSF in key coordination, advocacy and support efforts in San Mateo County and CA including: • San Mateo County Office of Education, Child Care Partnership Council (SMC CCPC)123 • First 5 San Mateo County124 • Build Up San Mateo County125 • Early Edge126 • Children NOW; 2021 Pro-Kid Agenda127 • SAMCEDA • CA Employment Training Panel128 7.14. Explore the proposal by the Advancement Project to create and utilize a Whole Child Family Wellness Equity Index in SSF to address Educational Equity in a range of services including child care129 7.15. Maintaining, sharing and promoting a land inventory within SSF of available spaces and locations that may be suitable for child care. Utilize the facility list created in the “Overview” section as well as the general guidelines as a basis for development. 7.16. Investigate the New Market Tax Credit Program130 for community development and investments in distressed communities. Specifically investigating Census Tracts # 06081602200 and 06081602100 as an NMTC and/or Opportunity Zones and redevelopment funds as they were utilized in 2004 to build the site of the Peninsula YMCA, Gateway Child Development Center on Gateway. 7.17. Encourage and incentivize developer build out of child care shells, employer build out of child care for employees, expansion of existing child care programs East of Hwy 101, and inclusion of family child care suitable facilities in 122 https://www.ctc.ca.gov/educator-prep/grant-funded-programs/teacher-residency-grant-program 123 https://www.smcoe.org/about/child-care-partnership-council/ 124 https://first5sanmateo.org 125 https://buildupsmc.com 126 https://earlyedgecalifornia.org 127 https://www.childrennow.org/portfolio-posts/the-2021-pro-kid-policy- agenda/ 128 https://etp.ca.gov 129 https://www.advancementprojectca.org 130 https://www.cdfifund.gov/programs-training/programs/new-markets-tax-credit housing developments (as described in “Needs” section of CCMP SSF). 18. Investigate the following child care financing options to support expanding facilities to meet projected growth needs and support existing efforts to designate additional funds for child care: • Sales Tax Add-Ons – which require two-thirds voter approval • Parcel Taxes – which require two-thirds voter approval, and a simple majority for a citizen initiative such as the current proposed effort in SSF • Developer Impact Fees – In place in SSF • Employer-Based Care – privately funded • Grants and Foundations – charity based • State Child Care Facilities Revolving Fund – no-interest loans to Providers with contracts with the California Department of Education to provide subsidized child care (moved to CDSS – temporarily halted) • Community Benefits Programs (CBP) – new development – optional for developers • Development Agreements – new development – optional for developers 7.19. Implement CCMP SSF recommendations in “COVID Impacts” and “Needs” sections of the CCMP SSF as related to stated uses of Child Care Impact Fees, including family child care home grant programs, and facilities collaborations with SSFUSD. Utilize renovation and repair grants to support conversion of small family child care homes based on the Skinner Bill 234 which allows large family child care homes as residential use effective January 2020. Review slot development in conjunction with CCMP SSF review. 7.20. Consider adding teacher housing and child care housing provisions to new development. Increase low to low- moderate housing limits to ensure sector workforce can remain in SSF near employment sites. 241 105 SSF: CHILD CARE MASTER PLAN LEGISLATION, POLICIES AND FUNDING 2021-2023 7 7.21. Support and advocate for additional funding, changes in the funding formula and strategies to fund growing child care demands and under-funded mandates at SSFUSD. Explore seeking funding for additional staff positions to meet multiple planning needs in 2022–2023 in the areas of facilities coordination and growth, TK implementation and after-school expansion. Explore creative responses to Basic Aid and community-funded district limitations. 7.22. Develop partnerships with higher education and the San Mateo County Office of Education to implement workforce pathways utilizing Strong Workforce funds. SWP and K-12 SWP can be utilized to develop workforce for target populations. Braid workforce development funds with SWP to create model job training and employment pipelines. Utilized Centers of Excellence Data131 on the ECE/EDU sector to support grant proposals and funding requests. 7.23. Consider utilizing one-time, San Mateo County ARPA Funds (to be released 2/22) on efforts to support and retain staff, kick-starting the collaborative activities between SSFUSD and SSF P&R, funding the planning for the implementation of items within the CCMP SSF, supporting collaborative and community efforts to plan for TK in SSF and planning for after-school expansion, facilities needs and shared programming possibilities to serve a goal of 50% of enrolled elementary school students through the 5th grade. 7.24. Track SB 1289 and SB 1289 as related to license exemptions for recreation programs, summer programs and private recreation activities as they could impact after-school and summer programming and locations. 131 https://sites.google.com/baccc.net/coe/home 242 106 SECTION 8What Will Success Look Like? 243 107 SSF: CHILD CARE MASTER PLAN WHAT WILL SUCCESS LOOK LIKE? 8 A Vision for Success As stated in the SHAPE SSF General Plan132, a vision for the City of South San Francisco includes all children from Birth through 12 years, having access to high quality, affordable and accessible child development programs. 132 https://shapessf.com 133 https://www.americanprogress.org/article/working-families-spending-big-money-child-care/ Where do we want to be? In 2030: • High quality child care for children birth–12 years, that supports optimal whole-child development is widely available in South San Francisco. • A mixed delivery system that is collaborative and coordinated, consisting of child care centers, family child care providers, and exempt caregivers in a variety of constructs (public, private, home based). Programs are available in varying sizes, with a range of curricular approaches, including employer supported, subsidized, cooperative, infant/toddler, preschool, Transitional Kindergarten, after-school, summer, and is available throughout SSF. The language, cultural, and religious needs of families are supported in a wide variety of child care programs. • Transitional Kindergarten is well-integrated into the community. All SSF 4-year-olds participate in a form of TK and benefits include improved outcomes for elementary school children in all modalities of development: social, emotional, physical, and academic. • A range of schedules and family needs are accommodated including non-traditional hours, part-time, back-up, full-time, drop-in, cooperative, and summer as well as traditional full- time, part-time, and after-school child care services. • Child care is available in all existing and future SSF neighborhoods, near transportation hubs, within new housing developments, adjacent to major employment centers, and walkable for many. No gaps of service exist in the Westborough, Buri Buri, Winston Manor neighborhoods. Child care is planned or available specifically in Lindenville, East of Hwy 101, and Downtown to meet current and projected growth needs. • Employees of the City of SSF have comprehensive family benefits and resource supports including for child care. They are aware of policies impacting families and participate in educational efforts. • Affordable care that allows for all families to participate in child care is available. According to the U.S. Department of Health and Human Services (HHS), child care is considered affordable if it costs families no more than 7 percent of their income133. Subsidized care is available for all eligible families in SSF. • School-age child care for 50% of all elementary age children is available at all public and private SSF schools, on or near site. Before and after-school care, summer, and holiday care is available through a mixed delivery system and is coordinated, seamless, and easily accessible for families. • Children with special needs have a wide range of child care options with teachers and providers trained in their care and with access to supportive resources. School, child care, health care and other services for children with special needs are coordinated and integrated. • High school graduates, parents, career-changers, SSF college students, and other candidates choose to enter the ECE/ EDU workforce and are interested in jobs and careers along the sector continuum, including teacher assistants, after- school staff, youth work, TK-12 teaching, early childhood teaching, administration, family support, recreation, youth development, higher education, and counseling in South San Francisco. • The child care workforce is paid living wages, commensurate with education, experience and skills needed, and compensation is competitive, and desirable. Staff turnover and job vacancies are uncommon. A wide range of employment benefits are available to those working in child care and development programs. • Child care is valued as infrastructure and a core service for economic health and vitality. • Child care providers have few restrictions (reduced fees, parking, zoning etc.) to development in SSF and significant technical assistance, start-up, and city support in establishing small and large family child care homes and child care centers. • A vibrant “Grow your Own” pathway is in place at SSF high schools and a minimum of 10% of graduates choose to 244 108 SSF: CHILD CARE MASTER PLAN WHAT WILL SUCCESS LOOK LIKE? 8 work in the ECE/EDU sector in SSF. High school students earn dual-enrollment and middle college credit, matriculate to higher education, enroll in apprenticeships, internships and residency programs, and graduate from college debt free, and employed in child care programs, SSF classrooms as credentialed teachers, community organizations, city departments and local public and private agencies as professional staff. • Information on child care resources, enrollment, and registration processes and parent education is widely available. Parents are engaged, connected and inter- connected in SSF and support each other in their parenting roles. • Child care providers, classroom teachers, support staff, and local agencies meet regularly to address common goals and challenges and develop local solutions. Integrated services including health, nutrition, and emergency services. • Child care facilities are well maintained and environments are optimal for child development. Information, resources and funding is available for renovations, repairs, and emergencies. • A range of incentives are in place for employers, developers, and business leaders to encourage child care facilities within new construction and planned developments. • Financing options for supporting child care development are in place including the existing child care impact fees such as sales or parcel tax provisions, local, state and federal child care development resources, access to child care loan and grant programs, and private financing. • Public spaces in SSF including playground, restrooms, recreational facilities, and indoor and outdoor spaces are appropriate for family use and are planned with the needs of young children, infants, preschoolers, and groups of children in mind. Spaces are available for families and groups of children to gather. Fenced areas, stroller trails, drinking fountains of varying heights, diaper changing facilities, family restrooms, private spaces for breastfeeding mothers, and public spaces designed for use by child care providers, children on field trips, and young children are widely available. Enriching experiences for young children that allow for nature study, interactions outdoors, and recreation are age-appropriate and available. • Employers, developers, businesses, public officials, and administrators ensure that child care facilities and programs are financed, constructed or renovated and are available to meet child care needs of current and future workforce and residents. • Child care providers and early educators regularly engage with elementary school teachers, after -school providers and staff to bridge systems and support children in seamless transitions. 245 109 SSF: CHILD CARE MASTER PLAN WHAT WILL SUCCESS LOOK LIKE? 8 A Plan in Action – Aligning the 2022 SHAPE SSF General Plan and the 2022 Child Care Master Plan for South San Francisco The current General Plan for the City of South San Francisco was last adopted in 1999. It serves as a “blueprint” for the long-term growth of the community and is a vision of the future. Each city and county in California must prepare a comprehensive General Plan which includes development policies and maps to achieving the stated goals. As previously described, the city is in the process of revising its general plan and has been engaged in a multi-year effort to assess community needs, project growth and encourage citizen engagement. Raimi and Associates has been retained to assist the city in formulating a new plan through the year 2040. The updated plan has been released for input to the public in February 2022. The 2022 Child Care Master Plan for South San Francisco serves as a stand-alone plan for child care in South San Francisco. In the course of hearing citizen input regarding city priorities and planning needs, the issue of child care was raised as a priority concern and the city elected to develop a more detailed plan for that element. Recommendations related to child care within the SHAPE SSF are summarized in the Executive Summary and below. The recommendations section of this report contain both the broad child care goals within SHAPE SSF and the detailed recommendations of the CCMP SSF. As the CCMP SSF was crafted, ongoing input was made to elements of the SHAPE SSF. Recommendations were informed by real-time findings and survey data collected for the CCMP SSF. The elements listed below reflect the significant commitment of the City of South San Francisco in ensuring that the SHAPE SSF reflects broad child care goals for the city and the specific elements of the CCMP SSF provides an actionable plan for addressing specific child care objectives and reaching stated goals. 246 110 SSF: CHILD CARE MASTER PLAN WHAT WILL SUCCESS LOOK LIKE? 8 Child care recommendations fall in several defined areas within the SSF General Plan134, and are referenced by heading areas, attributing departmental responsibility. The majority of recommendations and action items related to child care fall under: • Abundant and Accessible Parks and Recreation – PR 1, PR 4, PR 8, PR 9, PR 11 • Equitable Community Services – ECS 3, ECS 5 134 https://sites.google.com/baccc.net/coe/home Abundant and Accessible Parks and Recreation GOAL PR-4: The City collaborates with a strong network of partners to improve and expand park and recreational opportunities across South San Francisco. • Policy PR-4.2: Coordinate with South San Francisco Unified School District on facility access. Work closely with South San Francisco Unified School District to improve community access to school facilities, including pools, athletic fields and playgrounds, outside of school hours to improve neighborhood access to recreational facilities, to expand after-school and summer programs, and to strengthen the relationship between schools and their immediate neighborhoods. Establish procedures for the creation of joint- sites, including the division of maintenance responsibility. (CCMP SSF SECTION 3 – Landscape 5) ›Action PR-4.2.3: Expand after-school and summer child care. Continue to work with the South San Francisco Unified School District to expand after-school and summer child care. (CCMP SSF SECTION 3 – Landscape – 2, 5) (CCMP SSF SECTION 2 – Child Care Needs – 2c, 4b, 4d, 6a, 8) (CCMP SSF SECTION 4 – Workforce 16) • Policy PR-4.3: Partner with school district to transform former school sites. Partner with South San Francisco Unified School District to support the conversion of former school sites like Foxridge and Serra Vista to park space, child care facilities, and multifamily housing. (CCMP SSF SECTION 3 – Landscape-2, 5) (CCMP SSF SECTION 2 – Child Care Needs – 2c, 4b, 4d, 6a, 8) GOAL PR-8: Parks and recreational facilities have the appropriate staffing to offer high-quality recreational programs and offerings for residents of all ages. INTENT: To expand programming capacity to effectively serve South San Francisco’s diverse community. • Policy PR-8.2: Provide varied recreational programming. Provide a variety of programming to ensure all residents have the opportunity to live healthy, active, and social lifestyles, including aquatics, fitness, library programs and events. (CCMP SSF SECTION 6 – Employees-14) (CCMP SSF SECTION 2 – Child Care Needs – 1a, b, c, d, e) • Policy PR-8.3: Maximize class offerings. Maximize successful class offerings by increasing class size limits or offering more sessions/times. (CCMP SSF SECTION 2 – Child Care Needs – 1a, b) GOAL PR-9: South San Francisco maintains quality child care and preschool programs citywide. INTENT: To enhance the quality of child care and preschool and to expand (City, private, and public) child care opportunities and services throughout the city. • Policy PR-9.1: Enhance Child care Program. Maintain and continue to improve the City’s Child care Program to enhance the quality of child care and preschool in the city. ›Action PR-9.1.1: Implement Child Care Master Plan. Adopt and implement the Child Care Master Plan, updating the Plan every 5 to 10 years. (CCMP SSF SECTION 9 – Living Plan – 1) • Policy PR-9.2: Expand early childhood education for families of color and low-income families. Expand high-quality early childhood education for families of color and low-income families in South San Francisco and/or establishing universal preschool. SHAPE SSF GENERAL PLAN RECOMMENDATIONSCross Referenced with Child Care Master Plan Recommendation, Ensuring Shared Goals 247 111 SSF: CHILD CARE MASTER PLAN WHAT WILL SUCCESS LOOK LIKE? 8 ›Action PR-9.2.1: Expand funding for universal preschool. Continue exploring possible funding to establish and maintain universal preschool or to establish universal preschool for lower-income families. (SECTION 2 – Child Care Needs – 5) (CCMP SSF SECTION 3 – Landscape – 1a, b, and 2) • Policy PR-9.3 Expand child care options. Expand availability of affordable child care and preschool for people of all income levels, with particular emphasis on lower- income families particularly in Downtown, Westborough/ Winston Serra, and the new residential area of Lindenville. (CCMP SSF SECTION 2 – Child Care Needs – 2, 9, 11, 12) ›Action PR-9.3.1: Update Zoning code for child care. Update the Zoning Code to: • Allow large family care homes by right in residential units as required by Senate Bill 234 (2019). • Allow child care facilities by right in all residential land use designations when located within one-quarter of a mile from public and institutional uses, e.g., schools and churches. • Allow child care facilities in residential neighborhoods that meet specified performance standards. • Allow child care facilities in mixed use districts East of 101 and in Lindenville. • Allow child care facilities by right in the business technology park land use designation. CCMP SSF SECTION 2 – Child Care Needs – 2, 9, 11, 12) (CCMP SSF SECTION 7 – Leg/Funding – 19) ( CCMP SSF SECTION 3 – Landscape – 5, 12) ›Action PR-9.3.2: Maintain land inventory for child care. Conduct an inventory of property that may be converted or developed into public or private Early Child care Education facilities. (CCMP SSF SECTION 3 – Landscape – 3) ›Action PR-9.3.3: Explore parking reductions for child care facilities. ›Action PR-9.3.4: Provide incentives for new development to create child care facilities. Provide incentives to new development to create child care facilities as a community benefit. Encourage new development to provide on-site child care facilities rather than paying an in-lieu fees. (CCMP SSF SECTION 7 –Leg/Funding – 6, 16, 17, 18, 19) ›Action PR-9.3.5: Coordinate citywide child care programs. Coordinate and integrate child care programs with existing housing, community, and social programs as described in the Child Care Master Plan. (CCMP SSF SECTION 7–3) (CCMP SSF SECTION 9 – Living Plan – 1, 3, 4) • Policy PR-9.4: Support business development for child care. Encourage private preschools and child care facilities to open in South San Francisco, particularly in neighborhoods with young children, employment land uses, and neighborhoods currently underserved by preschool and child care facilities. (CCMP SSF SECTION 3 – Landscape – 6, 11, 12) (CCMP SSF SECTION 7– Leg/Funding – 15, 18) ›Action PR-9.4.1: Explore grant funding for child care. Explore the provision of one-time grants to Family Child Care homes for zoning permit application or to update homes to be ready for babies and toddlers, including removing penalties for those who want to legalize their Family Child Care homes. (CCMP SSF SECTION 3 – Landscape – 6, 11, 12) and (CCMP SSF SECTION 5 – COVID – 2 a – h, 3, 7) (CCMP SSF SECTION 7 – Leg/Funding –19) ›Action PR-9.4.2: Maintain online portal for child care. Maintain an online portal and resources for child care business development. (SECTION 5 – COVID – 1) (SECTION 4 – Workforce – 8, 29) (CCMP SSF SECTION 3 – Landscape – 9, 11, 12, 13, 14) • Policy PR-9.5: Advocate for child care. Advocate in support of state and federal funding and programs that subsidize or expand early childhood education. (CCMP SSF SECTION 7 – LEG/FUNDING - 4, 5, 6, 13) GOAL PR-11: South San Francisco maintains an equitable, flexible, and sustainable funding approach to maintain park and recreational standards for existing and future residents. • Policy PR-11.3: Regularly review developer impact fees. Regularly review (at least every 3 years) and adjust park, recreation, and child care impact fees to work towards the City’s service standard, and to account for the changing cost of land, facilities, and equipment. Consider fees by geographic area in the city to account for different land costs. Explore annual fees for city maintenance. (CCMP SSF SECTION 7 – Leg/Funding – 19) • Policy PR-11.4: Seek grant funding to help fund capital projects. Continue to seek grant funding to help fund capital projects. (CCMP SSF SECTION 7 – Leg/Funding – 15, 17, 18, 19) • Policy PR-11.5: Explore bond funding. Explore opportunities for bond measures to fund maintenance, park operations, and park and recreational amenity investments. (CCMP SSF SECTION 7 – Leg/Funding – 18) • Policy PR-11.7: Explore alternative funding sources. Study potential for using parcel taxes or developing community facilities districts to fund facility development and maintenance. (CCMP SSF SECTION 7 – Leg/Funding – 6, 16, 18) 248 112 SSF: CHILD CARE MASTER PLAN WHAT WILL SUCCESS LOOK LIKE? 8 • Policy PR-11.9: Combined State, local, and federal child care funds. Ensure that State, local, and federal child care funds are maximized, secured, and braided for the benefit of South San Francisco families accessing child care. (CCMP SSF SECTION 7 – Leg/Funding – 6, 7, 8, 9, 12, 23) Equitable Community Services GOAL ECS-3. South San Francisco equitably provides public services for all residents. INTENT: To advance distributional equity in the City’s budget and resources allocation so that so all residents can engage in educational, recreational, and community-building opportunities. • Policy ECS-3.2: Meet community needs for programing and services. In partnership with community members, adapt City programming and services as needed to ensure they meet the community’s needs, based on continued monitoring of demographic and socio-economic characteristics. ›Action ECS-3.2.2: Pilot equitable involvement in services. Identify and pilot new way to engage young people and their families who have not previously participated in City-run enrichment programs. Ensure that young people, especially youth of color and youth from other historically disenfranchised communities, are involved in City-run enrichment programs. (CCMP SSF SECTION 2 – Child Care Needs – 7a) (CCMP SSF SECTION 7 – Leg/Funding – 22) • Policy ECS-3.5: Develop and promote small businesses. Foster small business development for low-income residents and residents of color with educational resources, permitting information, and services that can promote long term success in the City. (CCMP SSF SECTION 9 – Living Plan – 2) (CCMP SSF SECTION 2 – Child Care Needs – 4f, h and 3a) (CCMP SSF SECTION 3-Landscape – 3) (CCMP SSF SECTION 7 – Leg/ Funding –19) GOAL ECS-5. The City provides high-quality educational opportunities for all children and youth by maintaining a positive relationship with the South San Francisco Unified School District. INTENT: To enhance the quality of educational opportunities through partnerships, programming, and data sharing. • Policy ECS-5.2: Provide a variety of youth programming. Provide a variety of programming to ensure all children and youth in South San Francisco have educational and recreational opportunities. ›Action ECS-5.2.1: Target placement of programming. Provide youth development programming in neighborhoods with high proportions of young people, especially low-income youth and youth of color. (CCMP SSF SECTION 4 – Workforce – 9–21) (SECTION 2 – Child Care Needs – 4b, d) (CCMP SSF SECTION 7 – Leg/Funding – 4, 5, 22) ›Action ECS-5.2.2: Create summer internship pilot. Pilot summer youth/teen internship program within South San Francisco City departments, with targeted recruitment of low-income youth and youth of color, to address opportunity gaps via exposure to government. (CCMP SSF SECTION 4 – Workforce – 9–21) (CCMP SSF SECTION 6 – Employees – 12a, b, c, d, e) ›Action ECS-5.2.3: Create youth pilot programs to address resource gaps. Meaningfully engage low-income students, students of color, and other historically disenfranchised community members to identify specific resource gaps (e.g., internet access and digital literacy) in the community. Pilot youth programming to address specific resource gaps or barriers. (CCMP SSF SECTION 4 – Workforce – 9–20) (CCMP SSF SECTION 7 – Leg/Funding – 4, 5, 22) • Policy ECS-5.3: Maintain a data sharing agreement with school district. Maintain a continuous exchange of information with the South San Francisco Unified School District on projected growth of the city. (CCMP SSF SECTION 9 – Living Plan – 1a, b, c, d, e, f and 4) (CCMP SSF SECTION 9 – Living Plan 4) (CCMP SSF SECTION 7– Leg/Funding – 21) 249 113 SSF: CHILD CARE MASTER PLAN WHAT WILL SUCCESS LOOK LIKE? 8 Section 2: Recommendations for Assessing and Addressing Current and Future Child Care Needs Items that are HIGHLIGHTED are priorities for 2022–2023. Assessing Current Needs 2.25. The Parks & Recreation Department provide elements prioritized in the 2021 “SSF Parent/Family Survey” including: 2.1a. Support the development of part-time, low cost, exempt care preschool option (Tiny Tots model under 15 hours a week) in the new Civic Center Campus preschool area. 2.1b. Offer community courses (virtual and in-person) for parents (including those for SSF employees): • Choosing Child Care in SSF • New Baby 101 • Parenting 101 • Accessing Family Benefits for SSF Employees • Enrolling in Child Care in SSF 2.1c. Continue to expand city offerings of city supported child care to meet short-term gaps and long-term needs. 2.1d. Consider lowering the ages of existing city-operated preschool programs to 2 years to 5 years and adding a diapering/toilet-training component . 2.1e. Aggressively continue to pursue city-owned or controlled locations for child care expansion west of El Camino Real in Westborough, Buri Buri, Winston Manor (or in close proximity) for additional city- sponsored preschool services that include a lowered service age group of 2 years to 5 years, with potty training and diapering options. Maintain current reduced rate structure, compatible with other city programs. 2.1f. Facilitate formation of the Joint Advisory Committee of the Child Care Master Plan, JACCCMP (as described in Section 9 – Rec. 1). 2.2. SSFUSD is supported to provide elements prioritized in the 2021 “SSF Parent/Family Survey” including: 2.2a. Preservation of or development of similar programs like the Adult Education – Parent Child Observation Program at Southwood to additional locations and in additional languages. Priority service areas to include the Downtown area and offered in Spanish. 2.2b. Coordinate with all child care service providers and families to ensure that start and end times of school, as well as school vacations, closure days and summer school offerings are planned with child care scheduling and availability in mind and with schedules available 6 months in advance. 2.2c. Ensure that elementary school enrollment (including TK) and child care registration functions are integrated with all school-age child care providers to provide seamless enrollment policies and service delivery for parents. Ensure that families know where their children are attending child care, elementary school, after- school care and summer care in advance to minimize stress and gaps in service. 2.2d. Participate in the Joint Advisory Committee of the Child Care Master Plan, JACCCMP (as described in Section 9 – Rec.1) to ensure both short-term and long terms child care needs (as related to school assignment, preschool and TK enrollment, existing and future child care service gaps) in SSF are addressed. 2.3. City of SSF to improve resources including: 2.3a. An enhanced website that provides SSF child care information, links to local resources such as 4Cs, seamless enrollment between SSFUSD and SSF P& R school-age after-school and summer programs and shared child care information for families, including how to access child care subsidies, how to access child care waiting lists. CHILD CARE MASTER PLAN RECOMMENDATIONS Consolidated List of All Child Care Recommendations, by Section 250 114 SSF: CHILD CARE MASTER PLAN WHAT WILL SUCCESS LOOK LIKE? 8 2.4. Multiple partners (city departments, SSFUSD, private providers, etc.) to address identified child care needs in the “SSF Parent/Family Survey” as follows: 2.4a. Parent education around school selection opportunities, especially as related to selecting, registering and enrolling for school-age child care and summer programs for TK–5th grade. 2.4b. Support the expansion of school-age child care as a clear priority, ensuring that at least 50% of all enrolled students in SSF elementary school have access to child care after-school and in the summer (representing 957 additional child care spaces for school-age children). 2.4c. Ensure that school enrollment and child care enrollment is linked to meet identified gaps of: • School-age care, including anticipated after-school care for new TK students • Summer care • Care for children with special needs 2.4d. Support the development by parents of cooperative child care (no cost) and playgroups within SSF. 2.4e. Outreach to all SSF employers on how they can support the child care needs of employees, as well as information on existing family support policies, including family leave provisions, access to family benefits and other family friendly actions. 2.4f. Cultivate a network of family, friends and neighbor caregivers and parents with specific outreach events and opportunities for socialization for the adults and children in care. 2.4g. Proactive supports to families to encourage the family, friends and neighbors caring for their children to become licensed if interested and to participate in training, support opportunities and networks. 2.5. Support the provision of additional child care subsidies, at all age levels: 2.5a. Address the current gap for infant care for subsidized or reduced fee care for 361 infants of low-moderate income families. 2.5b. Address the current gap for preschool care for subsidized or reduced fee care for 157 preschoolers of low-moderate income families – ensure that Transitional Kindergarten is structured to address this gap. 2.6. Address the current shortage of child care resources for children of all ages west of El Camino Real, and in the Westborough, Buri Buri and Winston Manor neighborhoods: 2.6a. Support community solutions to current preschool, infant/toddler, school-age gaps in child care availability in specific neighborhoods listed. Solutions must include a mixed service option including full-fee and reduced fee options. 2.7. Inclusion of parents and guardians of young children as a priority group in the 2021 SSF Racial and Social Equity Plan based on disproportionate impacts faced by families: 2.7a. Include parents with children as equity focus population by creating opportunities for all parents to gather to support parenting practices, child care information, resource sharing, engage in peer mentoring opportunities and share supports. 2.8. Ensure that as Transitional Kindergarten is expanded throughout South San Francisco for all 4-year-olds, that: 2.8a. A collaborative, community-based planning process is utilized to maximize TK participation by all families. That after-school care is available and appropriate for all 4-year-olds and is available to meet the needs of working parents (to 6PM). 2.8b. That a mixed delivery system offered in partnership with existing providers is prioritized. 251 115 SSF: CHILD CARE MASTER PLAN WHAT WILL SUCCESS LOOK LIKE? 8 Recommendations for Assessing and Addressing Future Child Care Needs Based on City Growth Projections 2.9. Provide incentives for locating child care in Lindenville and East of 101 in both residential and business complexes immediately, due to the length of time to build out, construct or renovate facilities. 2.10. Address projected long-term gaps in child care resources in Lindenville, East of Hwy 101, by exploring child care development in adjacent city-owned facilities. For facilities in the Downtown area (such as Civic Center Annex), traffic impacts, noise mitigation from playground use, and mixed- age delivery requirements need to be considered. 2.11. Current needs in Downtown area include child care for infants and toddlers (including those of SSF employees), heavily subsidized infant, toddler and preschool offerings for income eligible families in the area, and reduced cost child care services for moderate income families. Future needs include all fee option services for commuting employees (transportation considerations for those East of Hwy 101) and for new residents of Lindenville and adjacent properties. Current and future needs are not necessarily aligned but a common denominator is to develop and build-out a multi-age facility for infants, toddlers and preschool-age children specifically, with vendor requirements for subsidy levels. 2.12. Subsidize land costs for child care facilities and conduct a land survey of publicly owned parcels that can be utilized for child care in high growth areas. 2.13. Ensure that a percentage of future housing units are appropriate for licensed family child care with ground floor access, fenced outdoor space, designated entryways and mitigating sound barriers, indoor and outdoor space appropriate for numbers of children served. 2.14. Create child care that is walkable from either home or work or located at major transportation hubs (BART, CALTRAIN, FERRY, etc.) and consider the feasibility of walking based on weather, items that must be transported or carried, and ages and portability of children when delivering children to school or child care. Minimizing traffic impacts related to child care pick-up and delivery requires consideration of how far parents can or will walk with young children or infants in tow. 2.15. Utilize the Joint Advisory Committee of the Child Care Master Plan (as described in Section 9 – Rec. 1) to discuss transportation, traffic impacts, child care and public school needs for an additional projected 1,200 –1,500 children residing East of Hwy 101 or in Lindenville by 2030 (within newly created housing). Elementary school locations and assignments impact child care choices. 2.16. Utilize the Joint Advisory Committee of the Child Care Master Plan, JACCCMP (as described in Section 9 – Rec. 1) to review total growth projections which include an additional 2,000 children under 12 years old residing in all neighborhoods throughout SSF AND the commuter patterns of employees with young children (infants to 4 years especially) who commute to child care near workplaces. With explosive employment growth projected in this area, accommodations for the children of employees need to be considered immediately. If only 1% of the projected workforce commutes with their young children to work, an additional 1000 child care slots will be needed by 2030, predominantly for infants and toddlers. 252 116 SSF: CHILD CARE MASTER PLAN WHAT WILL SUCCESS LOOK LIKE? 8 Section 3: Overview of SSF from a Child Care Lens – Recommendations for Improving Child Care Landscape in SSF Items that are HIGHLIGHTED are priorities for 2022–2023. 3.1. Address the following gaps in child care corroboratively utilizing community input and resources including the City of SSF, SSFUSD, private child care providers, community organizations, parents and county and local support agencies. As funds become available or are currently available utilize to: 3.1a. Fund subsidized or reduced fee infant care for 361 infants of low-moderate income families. 3.1b. Fund subsidized or reduced fee preschool care for 157 preschoolers of low-moderate income families. 3.1c. Fund school-age care (full fee and subsidized) for 957 school age children, 727 spaces to be reduced cost or subsidized. This represents the greatest service gap at this time. Prioritize on-site or near site locations and prioritize providing child care through the 5th grade to ensure that children have adequate supervision and access to support, resources and caring adults. 3.2. Aggressively plan for Transitional Kindergarten and (UPTK) implementation in SSF. Led by the SSFUSD, convene a community collaborative, representative of all key players (SSF city representatives, private child care providers, family child care, parents, higher education partners (Skyline, SMCCD), community organizations providing supportive services, SM County Office of Education, etc.) to develop a TK plan for SSF by June 2022, that will meet developmental needs of young children and help to alleviate the preschool gap. Ensure that TK site locations include geographic areas with low-moderate income families (Downtown, Paradise Valley to El Camino especially), provide appropriate after-school care options and as appropriate, utilize existing preschools and programs to provide integrated offerings. Begin to notify parents immediately of the planning efforts. Ensure that families can plan for TK enrollment with sufficient lead time and can participate in the planning process. Integrate planning process with the JACCCMP (as described in Section 9-1). 3.3. Address child care needs projections and conduct and maintain child care facilities inventory in SSF annually when reviewing CCMP SSF. Publish availability of child care spaces and locations on city website for future and current provider expansion. 3.4. Provide information, incentives and supports to employers, developers and real estate professionals on the need for child care in SSF. Include information on elements of assessing facility suitability and the need for development supports to meet future workforce demands. Encourage facility construction and build out within pipeline projects, including residential and commercial. Utilize list begun in the CCMP SSF as a starting point. 3.5. Support the renewal of an MOU and joint powers agreement through 2030 between SSFUSD and City of SSF P&R for shared facility, land and programming uses, including joint child care offerings. Ensure that the needs of TK students are considered in space projections. Strongly consider utilizing middle, high school and under-utilized locations for child care spaces. Integrate child care programs into the curriculum of the hosting sites at all facilities. 3.6. Consider implementing a Child Care Renovation and Repair Program to fund emergency, moderate cost and one-time child care repairs, renovations, emergency building needs or contract with the Low-Income Investment Fund, Child Care Facilities Fund in San Francisco (which manages a similar project for San Francisco). Goals of program include, preserving and supporting existing child care, increasing numbers of children served, addressing facilities needs that impact child care quality, supporting women-owned small business survival. 3.7. Establish a Joint Advisory Committee of the Child Care Master Plan (JACCCMP) in South San Francisco (as described in Section 9 – Rec. 1). 253 . 117 SSF: CHILD CARE MASTER PLAN WHAT WILL SUCCESS LOOK LIKE? 8 3.8. Seek funding to improve the elementary school enrollment process and integrate city, private provider and SSFUSD child care offerings to provide parents with children entering elementary school access to child care information and concurrent registration (including in TK). 3.9. Seek funding to improve availability of updated child care information in SSF. Work with 4Cs San Mateo County to ensure that their child care referral system is easily accessed. Encourage SSF providers to develop a process to improve self-reporting of child care openings, advertise the availability of non-traditional care and services and provide assistance in marketing local child care providers in SSF. 3.10. Provide services, equipment, materials and training for providers interested in caring for children with special needs. Develop a grant program to support increasing services to children with a range of developmental needs (including to children in diapers). 3.11. Work with SSF Economic and Community Development Office, 4Cs, the Renaissance Center and other economic development initiatives to launch child care business support networks for licensed family child care providers. Link to entrepreneurship and economic & small business incubator efforts in SSF. Develop opportunities for unlicensed family, friend and neighbor caregivers to become licensed and obtain supports for quality improvement. 3.12. Develop start-up child care guides, including regulations, requirements and local resources for establishing and expanding child care centers and family child care homes in SSF and make available via website, at the SSF Library and in appropriate city departments (Planning, Economic and Community Development, Small Business Incubator efforts etc.). Utilize the Build Up, San Mateo County; Establishing a Child Care Facility handout for general information and the City of San Mateo Child Care Start Up Guide when published (2022) as a template. 3.13. Seek to quantify and inventory family, friend and neighbor child care in SSF for the purposes of providing supports and resources. 3.14. Highlight child care providers in city publications, media, on the website and in press releases. Consider creating a provider recognition award or event to elevate visibility and value of child care in the community. 254 118 SSF: CHILD CARE MASTER PLAN WHAT WILL SUCCESS LOOK LIKE? 8 Section 4: Recommendations for Addressing Child Care Workforce Shortages in South San Francisco Items that are HIGHLIGHTED are priorities for 2022–2023. 4.1. Begin all child care and educational program expansion discussions with the questions, “Where will the teachers come from? How will we staff this program? Who will we hire?” and commit to a city-wide commitment to value, support and validate teaching careers at all levels and support actions that build a workforce pipeline. 4.2. Develop a shared understanding across all decision makers that the teacher shortage in SSF impacts ALL career sectors, ALL employee recruitment efforts, and is preventing growth by limiting preparation program availability. Teacher shortages at all levels also impact the viability and availability of biotech pathways, health care pathways, engineering pathways, IT pathways and STEM career preparation. Developing future teachers is linked to providing meaningful and supportive pathways throughout the Early Care and Education continuum. Teacher recruitment at all levels needs to be coordinated, prioritized and valued. 4.3. View child care as infra-structure; our economy is dependent on child care in the same way that roads, plumbing and the internet are foundational to the workplace. Ensure that child care teachers and providers are compensated commensurate with their education, experience, value and responsibility. 4.4. Develop local solutions to the wage inequities in the child care field. Include child care providers at all levels in SSF Equity Plan and Equity goals. Utilize JACCCMP to recommend actions. 4.5. Improve wages across all employers in SSF to build a competitive edge in the labor market AND to lift wages in surrounding communities. Review the incentive programs available in neighboring cities, including the Compensation and Retention Early Educator Stipend, CARES3, which the Office of Early Childhood Education (OECE) in San Francisco distributes to eligible child development staff to increase wages. Over 30 million dollars over 3 years is available (at about $4,000/person) to increase retention, attract workforce and address area high cost of living. A significant increase in the stipend was recently announced in 2022, of up to $30,000 per staff member. Support the ELC San Mateo County Stipend Program and share information. 4.6. Increase access to benefits for all child care teachers and caregivers. Consider shared benefit pools and improving access to benefits for all part-time and full-time workers, especially to those without health care. All employees working with children in SSF should either have health care or be able to obtain it at low cost, especially during a pandemic. 4.7. Increase the provision of employee child care benefits at public and private SSF work sites to support working parents with child care costs and access. Provide platforms for technical support to area employers on implementing family friendly policies. Outreach to employers in the child care industry to ensure representation. Include expectations and financing models for all providers of child care in SSF to provide child care services for their own employees and explore costs and financing of this expectation. 4.8. Sponsor local job fairs for SSF child care employers. Consolidate efforts and host a shared job search and posting service for the SSF child care community to share. 4.9. Commit to a “Grow Your Own” model of child care, educator and school-based career development with a goal of 10% of SSF high school graduates returning to fill jobs in the ECE/EDU and related sectors in SSF. Ensure that local talent and specifically, local young people in SSF are offered opportunities to consider careers with children and youth and develop workplace competencies. Pair college success, academic planning, counseling and project-based learning starting in the 8th grade with “Careers in Education” exploration opportunities. Support both SSFUSD and SSF private schools in their efforts to engage in career exploration. 4.10. Link social justice and equity goals in SSF to careers in teaching. Social justice is exemplified in equitable and expanded educational opportunities for all. Ensure that SSF young people envision themselves as “difference makers” and “change agents” for the next generation of young people and that the role that child care and education plays in achieving equity is lifted. Create equity goals for children and youth that include having access to teachers at all levels who reflect their language, culture and ethnicity and model inclusive practices. 255 119 SSF: CHILD CARE MASTER PLAN WHAT WILL SUCCESS LOOK LIKE? 8 4.11. Skyline College, which is the California Community College that serves South San Francisco, has expressed interest in the following programs that would enhance Early Childhood and Education Pathway Pipelines: 4.11a. Offering “Dual Enrollment” (college credit for work experience, internships, college courses, cooperative work experience and programs) and promote “Middle College” opportunities in the Early Care and Education sector as well as in general education for high school students in SSF. 4.11b. Develop or implement an existing pre- apprenticeship for high school and apprenticeship program for adults in partnership with SSF employers, the SSFUSD and the City of SSF, Parks and Recreation Department 4.11c. Develop City of SSF Parks and Recreation child care sites as intern training sites and offer college cooperative work experience credit. 4.11d. Utilize SMCOE, K-12 Strong Workforce funds to specifically support the 40.8% of the South San Francisco Unified School District students who are from families with limited financial means, and the 80.3% students of color, to access the opportunities and careers in early care and education and bring critically needed language diversity to jobs with children and youth. 4.11e. In San Mateo County, 46% of high school completers attend a community college and 24% do not show up in post-secondary education the year after completion. Identify and specifically target this population in SSF to enter the ECE/EDU pathways. 4.11f. Bring community college workforce development funds into the ECE/EDU sector workforce preparation plans. 4.12. Link employment in school-age, summer and after-school programs in SSFUSD, SSF P&R and private programs to Apprenticeship, Teacher Residency and Teacher Fellowship opportunities and pathways as a means to support employee interest is careers in teaching. Utilize CAI, SAEEI and other available apprenticeship funds. Secure to launch. 4.13. Locate preschool classrooms on the El Camino High School and SSF High School sites and offer Skyline College dual enrollment and “Middle College” courses in related content. 4.14. Create an ECE/EDU pipeline program at Baden Continuation School with existing on-site child care programs as laboratory and internship sites and offer Skyline College dual enrollment and “Middle College” courses. 4.15. Replicate the Oceana Early Childhood Dual Enrollment Pathway in a South San Francisco high school and link to internships, cooperative work experience and paid positions. Explore replication of the SMCUHSD CTE Pathway Program at Hillsdale High School which includes dual-enrollment courses with Canada College, https:// www.smuhsd.org, and the on-site Hillsdale Nursery School, https://hhsnurseryschool.weebly.com. 4.16. Seek workforce development, youth employment and prevention funds to support paid youth employment in elementary school, after-school and child care facilities and pair with college credit courses. Others programs are using ELO-P funds for high school staff. Explore this option. 4.17. Launch a High School Future Teacher Club in partnership with the California Teachers Association (CTA), the Student CTA Chapter, with Skyline College and SSF high schools. 4.18. Develop an 8th grade career exploration model at Westborough Middle School and consider locating an expanded preschool at that school location. Provide internship and co-curricular opportunities between Westborough Middle School and the current Westborough P&R Preschool. 4.19. Ensure that SSF Parks and Recreation Summer Camps offer Intern Programs for high school students with paired dual-enrollment courses, stipends and work-based learning opportunities. 4.20. Provide or invite organized community service opportunities for middle and high school students in all SSF child care programs. Provide college credit through cooperative work experience and internship courses. 4.21. Work with Human Resources in SSF to develop youth Intern stipend program, youth apprenticeship and adult apprenticeship wage scales to allow for payment of youth interns and apprentices. 256 120 SSF: CHILD CARE MASTER PLAN WHAT WILL SUCCESS LOOK LIKE? 8 4.22. Actively support parents enrolled in SSFUSD schools who are seeking employment to obtain college courses and prerequisites needed to fill current vacancies, by sharing job openings, co-locating required community college courses (in English and Spanish) at local schools and offering employment workshops specifically for parents. Recruit and prepare from the current parent pool. 4.23. Develop shared hiring practices in SSF to “blend” part- time jobs into full-time opportunities. Consider blending PT SSFUSD and SSF P&R after-school jobs with similar responsibilities. 4.24. Cross-reference employee and workforce support found in “Human Resources” section of this report and consider implementing policies and practices that provide health care and medical benefits to all SSF staff working with children. Provide college and educational supports to SSF child care staff (especially as coursework completion also leads to improved outcomes for children) and extended COVID related paid leaves and extended sick leaves, especially for part- time staff impacted by quarantines, COVID exposures, program closures or family responsibilities. These efforts are meant to increase retention and preserve existing workforce. 4.25. Link Adult Education Bridge Programming to Careers in Early Childhood and Education and pair English language classes, GED, college success courses and career planning in the sector. Ensure that entry level teacher aide, early childhood, recreation and after-school career information is accessible and available in one location in SSF and integrated into the shared job/career posting service. 4.26. Consider the development or support of a city-wide substitute pool for child care staffing. Link pool to community college pathway training efforts to support members earning child development permits and course completion. Provide specific training or coursework on the competencies needed as a substitute and job expectations. Explore area substitute pool models including the Kai Ming STEP program in San Francisco. 4.27. Implement a substitute pool for city child care programs and ensure that salaries reflect higher wage levels based on schedule flexibility and availability, travel, health protocols, exposures to larger groups of children and levels of responsibility. 4.28. Develop a system of family child care providers with a CBO (such as Renaissance) that can mentor peers and support Family, Friends and Neighbors (FFNs) to obtain family child care licenses. Refer FFNs to the Child Care Initiative Project (CCIP) offered through the Child Care Resource and Referral Networks to provide FFN quality supports, access to training, access to Trustline fingerprinting services and professional development. Consider hiring an Early Care and Education Workforce Recruiter and serve all sector employers in SSF including the City of SSF, SSFUSD, private child care centers and family child care homes in securing employees. Provide employment development, Including job postings, career and college preparation and permit, credential and licensing support to potential workforce. 4.29. Utilize JACCCMP (as described in Section 9–Rec. 1) to explore impacts of wage and salary increases for staff in TK and preschool classrooms and other programs with wage subsidies to assess and address worsening workforce shortages in non-supported child care programs for infants, toddlers, school-age programs and others with disproportionate salaries. Reduce turnover by addressing salary inequities prior to program implementation. 257 121 SSF: CHILD CARE MASTER PLAN WHAT WILL SUCCESS LOOK LIKE? 8 Section 5: Recommendations for Relief of COVID Pandemic Child Care Needs Items that are HIGHLIGHTED are priorities for 2022–2023. 5.1. Develop and support a Child Care Information page on the SSF website and immediately share Child Care COVID Resources, to support and stabilize the SSF child care community and facilitate accessing and locating resources efficiently, including those listed under COVID PANDEMIC Resources in the “Resources” section of this report. 5.2. Identify local funding sources (ARPA grants, Silicon Valley Community Fund6 etc.) to provide small emergency grants to initiate a South San Francisco Child Care Provider COVID Care Grant Program for child care providers (both child care centers and licensed family child care homes) to cover the costs of: 5.2a. COVID pandemic supplies, such as, pediatric and adult masks, distribution of handouts and posting of signage, cleaning supplies, use of disposable paper goods as needed during the pandemic. 5.2b. Access to local resources for health-related questions. 5.2c. Items to improve ventilation and access to the outdoors (screens, operable windows, outdoor shade covers, fencing, etc.). 5.2d. Utilities and other regular and ongoing expenses that may be difficult to pay due to reduced revenue. 5.2e. Help providers shift COVID pandemic related costs for parents by assistance with providing diapers, infant supplies and consumables. 5.2f. Child care based food distribution and food bank services for parents and staff in need. 5.2g. Provide COVID relief funds for the workforce to address gaps in employment due to COVID quarantine mandates, provide paid sick leave to child care staff and providers that do not have access to leaves or have used all leave time and to bridge financial shortfalls impacting staff of child care programs due to serving fewer children based on reduced ratios and smaller group sizes as required for health and safety requirements. Include essential worker pandemic “hazard pay” stipends to support high risk workforce. 5.2h. COVID testing for children and adults. 5.3. Provide technical assistance to child care workforce in applying for recently signed SB 114 legislation extending COVID sick leave through September 2022 in CA. 5.4. Local declaration that child care providers and early childhood education teachers are considered “essential” to the city in South San Francisco and are critical to the economic recovery. 5.5. Implement recommendations found in the, “Workforce” section and “Legislation, Policies and Funding” sections of the CCMP SSF to ameliorate impacts of COVID 19 and address historical wage inequities in the field. 5.6. Improve communication between child care providers, ECE staff, SSFUSD and private school TK and K-5 teachers to address the following: 5.6a. Share the emerging needs of young children as they transition from preschool and child care to TK and Kindergarten. 5.6b. Offer specific joint-meetings in SSF related to COVID pandemic learning loss, sharing information on obtaining Individualized Educational Plans, (IEPs) and better understanding the Transitional Kindergarten and Kindergarten school and child care registration processes. 5.6c. Provide ongoing joint training on health and safety regulations, protocols, changing regulations and safety measures for children in group settings. 5.6d. Unify messaging so that families with children in different settings and schools receive the same messages about COVID practices and requirements. 5.7. Re-establish a SSF Family Child Care Network. Work in partnership with 4C San Mateo County, Renaissance SSF, and neighboring Family Child Care Associations to support the formation of English, Spanish and Asian language networks specifically to support family child care providers as they navigate the COVID pandemic and better access available resources. 258 122 SSF: CHILD CARE MASTER PLAN WHAT WILL SUCCESS LOOK LIKE? 8 5.8. Commit to provide community support for meeting the emotional and mental health needs of children, parents, caregivers and teachers as they all emerge from the pandemic and include in the new SSF Equity Plan, a provision for parents and guardians as a disproportionately impacted group in need of targeted services, and supportive resources. 5.9. Support child care provider and COVID immunization efforts for children in SSF as a shared city and school district message with public service messages and local recommendations to promote healthy environments in child care and reduce spread. 5.10. Due to a rise in the use of unregulated child care due to the COVID pandemic, expand training, outreach, resources and services to include unregulated child care providers, defined as “Family, Friend and Neighbor” to ensure that SSF children in unregulated child care experience practices and environments that support healthy caregiving and are responsive to COVID Pandemic needs. 259 123 SSF: CHILD CARE MASTER PLAN WHAT WILL SUCCESS LOOK LIKE? 8 Section 6: Recommendations for Increasing Family Support for Employees Items that are HIGHLIGHTED are priorities for 2022–2023. 6.1. The inclusion of a family-friendly statement in employee recruitment and job posting materials used to attract new talent including: • That SSF values families and has many family-friendly benefits and supports. • A statement on why child care is critical in attracting, supporting and retaining key talent and the ongoing commitment to addressing child care needs. • A summary of key benefits. • Explicit links to benefit provisions online on city HR website. 6.2. Implement recommendations listed under (Section 5: Relief of COVID Pandemic Child Care Needs) as relevant for SSF employees. 6.3. Expand supports for elder-care that support the family caregiving spectrum, to increase benefit equity by supporting non-parents including exploration of expanded Magnolia Center use. 6.4. The inclusion of child care benefit payments or reimbursements within the Discretionary Benefit Option Program (cafeteria benefit) for employees with existing medical coverage (such as spouse or parental coverage). 6.5. A back-up/emergency child care bank program for employees in need of such short-term care. 6.6. Support for breastfeeding mothers as they return to work (lactation room, information, support) including access to listed baby changing facilities and family friendly areas in employee and public city spaces exceeding code requirements in ( Labor Code Section 10308 – Lactation Accommodations). 6.7. Available family leave policies clearly described, regularly updated and outlined in an accessible format (like in an FAQ) including information on family leaves, including the use of Kin-care and Paid Sick Care, the California Paid Family Leave, the Healthy Workplaces-Healthy Families Act, the School-related Activities Leave and the Disciplinary Hearing/Meeting Leave (school related), maternity and paternity and other parenting adult leaves and how to access and utilize to meet family needs (such as an FAQ sent with a “New Baby Guide” for new parents in the SSF employee family). 6.8. The inclusion of adoption support for employees adopting children and the inclusion of adoption events and leave eligibility descriptors. 6.9. Offer health benefits for employees providing child care (esp. part-time employees) due to national and local crisis in recruiting staff and the ongoing pandemic/ endemic. Commit to ensuring health care access, current coverage or provided coverage for all child care workers (especially in light of COVID and increased exposure risk). Facilitate health care access for this employee group. Pro-actively provide health care information, resources and access to state, federal and local health care plans to ensure that part-time child care staff have access to affordable and accessible health care plan options. Provide coverage to those that are not eligible for other sources. Access essential worker, ARPA funds, and other employee funds to support essential worker status of child care employees within SSF workforce. 6.10. Increasing the number of full-time positions in the child care services area to ensure reduced turnover and access to full benefits. 6.11. Continue to explore increasing salary classification and placement levels within the city structure for child care staff that are commensurate with educational requirements, training levels and college program completion and link increasing salaries with college degree attainment or completion. 260 124 SSF: CHILD CARE MASTER PLAN WHAT WILL SUCCESS LOOK LIKE? 8 6.12. Create and develop structured pipelines to mitigate staffing shortages in child care jobs, including: • Intern positions and job classifications for high school- age youth. • Explicit pipelines into city employment for high school and college students. • Creation of formal apprenticeship and pre- apprenticeship structure in ECE/EDU. • Encourage partnerships with SSFUSD Career Technical Education (CTE) and Skyline College Apprenticeship Program for pathways to employment that include additional entry level classifications. • Incentivize pipelines that include college credit, paid internships, Child Development Permit acquisition, and are paired with entry level job opportunities and lead to increasing career options within the city. 6.13. Exploration of implementing 529 College Savings Plans and other incentives. 6.14. Inclusion of Parks and Recreation courses (virtual and in- person) on topics for all interested SSF parents (including employees) and promote as part of employee meetings, emails and informational sessions such as: • Choosing Child Care in SSF • New Baby 101 • Parenting 101 • Accessing Family Benefits 6.15. Consider implementing a Student Loan contribution program in which employers can contribute up to $5,250/ year towards student loans. 261 125 SSF: CHILD CARE MASTER PLAN WHAT WILL SUCCESS LOOK LIKE? 8 Section 7: Recommendations: Legislation, Policies and Funding 135 https://www.smcoe.org/about/child-care-partnership-council/ Items that are HIGHLIGHTED are priorities for 2022–2023. 7.1. Actively follow federal developments related to the American Families Plan and track elements that may be approved. It will be critical to blend funds should they be available. Advocate for the continued inclusion of universal preschool, family leaves, child tax credits and a federal child care policy. 7.2. Ensure that families in SSF are aware of federal and state tax credits available to parents and guardians with children. While some tied to the American Rescue Plan have ended, families can still collect when filing 2021 taxes in 2022 and state and federal child care credits as well as earned income credits are often unclaimed and under-utilized. Conduct outreach in Spring 2022, to ensure that families are aware. Tax credits are an important part of increasing family budgets, especially when paying for child care. 7.3. Support the expansion of designated personnel at the city level and at SSFUSD to ensure that collaborative planning, program expansions, workforce development and facilities needs for incoming funding can be executed thoughtfully and with shared purpose. Consider a shared position between the city and SSFUSD to manage child care issues. 7.4. Consider the ECE/EDU Sector workforce for all workforce development opportunities in SSF. Work with local workforce development boards such as NovaWORKS and also with SAMCEDA, local Chambers of Commerce, EDD, Department of Industrial Relations, local unions representing child care employees, California Teachers Association, community resource agencies and local child care employers, to develop support for addressing workforce shortages with a collaborative approach. Ensure that as funding becomes available for high need sectors, this one is prioritized. 7.5. Utilize available WIOA funds to support the development of model pipelines, apprenticeships and pre- apprenticeships for youth to create “Grow Your Own” Programs, as described in the “Workforce” section of this report, and utilize available California Apprenticeship Initiative grant funds available in partnership with Skyline Community College, SSFUSD and the SMCOE to create a SSF Child Care Apprenticeship program and a Pre- Apprenticeship for SSF youth. Target disproportionately impacted youth and seek matching funds from the American Relief Plan and other workforce stabilization sources Including SMCOEs, K-12 SWP, SAEEI. Other programs are utilizing ASES expansion ELO-P funds to pay high school interns in after-school programs. 7.6. Stay informed and become involved in the Early Care and Education for All-SSF Campaign to fund universal preschool in SSF. 7.7. As funds from the current and proposed Governor’s budget for child care expansion become available utilize recommendations in the “COVID Impacts”, “Legislation and Funding”, and “Overview from a Child Care Lens”, sections of this report related to supporting child care providers in obtaining renovation and repair funds for child care facilities to support child care centers in expanding to secure additional subsidy slots through renovation, materials purchases and repairs. 7.8. Ensure that currently funded CDE/CSPP, CDSS/CCTR, Headstart, Alternative Payment Programs and other state and federal child care subsidy programs currently being provided in South San Francisco are supported in applying for and securing additional available subsidy slots. Support new applicants should they become eligible. Based on the gap between supply and need for subsidized preschool and school age care, by zip code, 94080, SSF is one of the nine SMC CCPC135 Priority 1 (one) zip codes for developing and needing new child care spaces in San Mateo County (highest priority). Zip codes are ranked with #1 being the most critical in terms of child care needs. NEW RFP released from CDE Feb. 2022 for CSPP EXPANSION: The California Department of Education (CDE), Early Education Division (EED) has released Management Bulletin (MB) 22-02 which includes CSPP and facilities funding. Coordinate with SMCOE and SSFUSD. 262 126 SSF: CHILD CARE MASTER PLAN WHAT WILL SUCCESS LOOK LIKE? 8 7.9. Utilize community and county experts in accessing subsidized child care slots from CDE, CDSS and Headstart as expansion funds become available. Most first-round expansions will be available through local LEAs (SMCOE, etc.) through direct or CBO sub-contracts. TK and ASES expansions managed through SSFUSD. While more than $7–8 million in CDE, Headstart and CDSS child care subsidy funds were contracted in SSF in 19–20, with an additional $4–5 million in recent COVID relief and local funding, additional work is needed to ensure all funds are expended. Ensure SSF staff participation in and receive announcements from: 7.9a. CDE, Early Childhood Education136; SSF contract programs include: California State Preschool Programs – most administered through LEAs (CSPP), Transitional Kindergarten (TK)137, Expanded Learning/After- School138 – ELOP and ASES 7.9b. CDSS, Child Care and Development139; SSF contract programs include: General Child Care (CCTR), Alternative Payment, (CAPP), Child Care Food Program (CCFP), Early Headstart, CalWORKS Child Care 7.10. Track and support recent funding available to LEAs for the support of Community Schools. The elements of community schools include the support of after-school and summer programs, enrichment, parental involvement as well as other health, nutrition and academic supports. 7.11. Implement recommendations in “Needs” section of report related to ensuring that families have access to and understand how to obtain and utilize subsidized care in SSF and better understand how to assess and select child care that suits family needs. 136 https://www.cde.ca.gov/sp/cd/re/cddeceplan.asp 137 https://www.cde.ca.gov/ci/gs/em/kinderfaq.asp 138 https://www.cde.ca.gov/ls/ex/elopinfo.asp 139 https://www.cdss.ca.gov/inforesources/cdss-programs/calworks-child-care/child-care-transition 140 https://www.cde.ca.gov/fg/fo/profile.asp?id=5771&recID=5771 141 https://www.cdss.ca.gov/inforesources/child-care-and-development/infrastructure-grant-program 142 https://eda.gov/arpa/good-jobs-challenge/ 143 https://caihub.foundationccc.org/Resources 144 https://www.cccco.edu/About-Us/Chancellors-Office/Divisions/Workforce-and-Economic-Development/Strong-Workforce-Program 145 https://www.newamerica.org/education-policy/partnership-advance-youth-apprenticeship/ 146 https://sites.google.com/view/busmc-infant-toddler-grant/home 147 https://www.ctc.ca.gov/educator-prep/grant-funded-programs/teacher-residency-grant-program 7.12. Develop a local collaborative and coordinated response to the following open, recently closed and not yet awarded funding opportunities including: • The California Department of Education (CDE) Early Education Teacher Development Grant Program140 (LEA and school district applicants) • CDSS – Renovation and Repair Grants141 – up to $249,000 currently available for child care and FCC applicants for minor repairs and major construction funds to be released Spring 2022 • Good Jobs Challenge142 – Regional responses to employment and training needs • California Apprenticeship Grants, CAI143 • CCCCO – Strong Workforce and K-12 Strong Workforce Community College Workforce Grants144 • PAYA – Partnership to Advance Youth Apprenticeship145 • Build Up – Infant Toddler Expansion Grants146 – December 2021 • California Commission on Teacher Credentialing – Teacher Residency Capacity Grants147 • CSPP Expansion and Facilities Grants – CDE 22-02 • ELO-P After-School Expansion Grant • ARPA – San Mateo County Grant – Child Care Allocation for COVID related disruptions, support, expansions, etc. • Apprenticeship Building America – 2022 • Closing the Skills Gap – Federal – 2022 263 127 SSF: CHILD CARE MASTER PLAN WHAT WILL SUCCESS LOOK LIKE? 8 7.13. Participate and represent SSF in key coordination, advocacy and support efforts in San Mateo County and CA including: • San Mateo County Office of Education, Child Care Partnership Council (SMC CCPC)148 • First 5 San Mateo County149 • Build Up San Mateo County150 • Early Edge151 • Children NOW; 2021 Pro-Kid Agenda152 • SAMCEDA • CA Employment Training Panel153 7.14. Explore the proposal by the Advancement Project to create and utilize a Whole Child Family Wellness Equity Index in SSF to address Educational Equity in a range of services including child care154 7.15. Maintaining, sharing and promoting a land inventory within SSF of available spaces and locations that may be suitable for child care. Utilize the facility list created in the “Overview” section as well as the general guidelines as a basis for development. 7.16. Investigate the New Market Tax Credit Program155 for community development and investments in distressed communities. Specifically investigating Census Tracts # 06081602200 and 06081602100 as an NMTC and/or Opportunity Zones and redevelopment funds as they were utilized in 2004 to build the site of the Peninsula YMCA, Gateway Child Development Center on Gateway. 7.17. Encourage and incentivize developer build out of child care shells, employer build out of child care for employees, expansion of existing child care programs East of Hwy 101, and inclusion of family child care suitable facilities in housing developments (as described in “Needs“ section of CCMP SSF). 148 https://www.smcoe.org/about/child-care-partnership-council/ 149 https://first5sanmateo.org 150 https://buildupsmc.com 151 https://earlyedgecalifornia.org 152 https://www.childrennow.org/portfolio-posts/the-2021-pro-kid-policy- agenda/ 153 https://etp.ca.gov 154 https://www.advancementprojectca.org 155 https://www.cdfifund.gov/programs-training/programs/new-markets-tax-credit 7.18. Investigate the following child care financing options to support expanding facilities to meet projected growth needs and support existing efforts to designate additional funds for child care: • Sales Tax Add-Ons – which require two-thirds voter approval • Parcel Taxes – which require two-thirds voter approval, and a simple majority for a citizen initiative such as the current proposed effort in SSF • Developer Impact Fees – In place in SSF • Employer-Based Care – privately funded • Grants and Foundations – charity based • State Child Care Facilities Revolving Fund – no-interest loans to Providers with contracts with the California Department of Education to provide subsidized child care (moved to CDSS – temporarily halted) • Community Benefits Programs (CBP) – new development – optional for developers • Development Agreements – new development – optional for developers 7.19. Implement CCMP SSF recommendations in “COVID Impacts” and “Needs” sections of the CCMP SSF as related to stated uses of Child Care Impact Fees, including family child care home grant programs, and facilities collaborations with SSFUSD. Utilize renovation and repair grants to support conversion of small family child care homes based on the Skinner Bill 234 which allows large family child care homes as residential use effective January 2020. Review slot development in conjunction with CCMP SSF review. 7.20. Consider adding teacher housing and child care housing provisions to new development. Increase low to low- moderate housing limits to ensure sector workforce can remain in SSF near employment sites. 264 128 SSF: CHILD CARE MASTER PLAN WHAT WILL SUCCESS LOOK LIKE? 8 7.21. Support and advocate for additional funding, changes in the funding formula and strategies to fund growing child care demands and under-funded mandates at SSFUSD. Explore seeking funding for additional staff positions to meet multiple planning needs in 2022–2023 in the areas of facilities coordination and growth, TK implementation and after-school expansion. Explore creative responses to Basic Aid and community-funded district limitations. 7.22. Develop partnerships with higher education and the San Mateo County Office of Education to implement workforce pathways utilizing Strong Workforce funds. SWP and K-12 SWP can be utilized to develop workforce for target populations. Braid workforce development funds with SWP to create model job training and employment pipelines. Utilized Centers of Excellence Data156 on the ECE/EDU sector to support grant proposals and funding requests. 7.23. Consider utilizing one-time, San Mateo County ARPA Funds (to be released 2/22) on efforts to support and retain staff, kick-starting the collaborative activities between SSFUSD and SSF P&R, funding the planning for the implementation of items within the CCMP SSF, supporting collaborative and community efforts to plan for TK in SSF and planning for after-school expansion, facilities needs and shared programming possibilities to serve a goal of 50% of enrolled elementary school students through the 5th grade. 7.24. Track SB 1289 and SB 1289 as related to license exemptions for recreation programs, summer programs and private recreation activities as they could impact after-school and summer programming and locations. 156 https://sites.google.com/baccc.net/coe/home 265 Section 9: Creating a Living Plan – Recommendation for Evaluating the SSF Child Care Master Plan Items that are HIGHLIGHTED are priorities. 9.25. Create a Joint Advisory Committee to the CCMP SSF (JACCCMP) consisting of representation from City Council, P&R Commission, SSFUSD Board, private providers and community resource groups. city staff and parents. The JACCCMP: 9.1a. Meets monthly to advise on CCMP SSF implementation and review, revise and update recommendations. 9.1b. Administers parent/guardian survey every 2–3 years to assess ongoing needs, changes in priorities and shifts in opinions and publish survey results. 9.1c. Administers child care provider survey annually, to assess needs, changes, priorities, and workforce stability. 9.1d. Reviews survey findings, departmental recommendations and advise on actions related to child care. 9.1e. Review SHAPE SSF elements when released in 2022 and ensure fidelity between CCMP SSF findings, and updated goals related to child care and implementation strategies. 9.1f. Consider topical recommendations designated for the JACCCMP throughout the CCMP SSF such as: TK expansion in SSF, workforce stability, wage impacts, pipelines, COVID impacts on child care, gaps in services and neighborhoods, long term growth and child care impacts east of Hwy 101, facilities inventory, etc. 9.2. Identify lead webmaster and implement web-related recommendations throughout CCMP SSF, including adding child care specific landing pages, adding child care language and resources across city informational sites, making additions to specific city web pages, integrating and cross-linking city sites and developing a regular updating schedule. 9.3. Designate key city staff from the Parks & Recreation, Planning, Economic Development, Human Resources Departments, as identified leads in CCMP SSF implementation and point of contact within their departments to coordinate responses to child care planning needs, updates and findings. 9.4. Create a staffing model that allows for the development of a “point person” in child care within the city structure that coordinates and supports the work of the Joint Advisory Committee of the Child Care Master Plan (JACCCMP), provides recommendations based on the updated CCMP SSF findings to SSF administration and leadership, and interfaces with: • South San Francisco Unified School District • San Mateo County Child Care Partnership Council (SMC CCPC) • SSF Departments impacting child care development • Funding and contracting opportunities with CDE, CDSS, WIB, federal, state and local sources, etc. • Federal, state and local private child care funding and policy organizations 129 SSF: CHILD CARE MASTER PLAN WHAT WILL SUCCESS LOOK LIKE? 8 266 130 SECTION 9Creating a Living Plan 267 131 SSF: CHILD CARE MASTER PLAN CREATING A LIVING PLAN 99 Guiding Future Action The Child Care Master Plan for South San Francisco (CCMP SSF) is meant to assist city administrators, elected officials, the child care community and community partners in assessing current and projected child care needs and implementing policies and actions that will ensure that those that live or work in South San Francisco have access to quality, affordable, accessible and available child care services for a range of purposes and needs. It serves as a 10-year plan (2020-2030), with supply and demand data and targeted recommendations extending out through 2030. It should be viewed as a living plan; one that is re-visited annually, and updated as conditions change. While the plan describes current child care conditions and was released in 2022, the environment in 2022 was quite volatile, due to the ongoing COVID pandemic and the significant resulting disruptions to child care, work expectations, employment, TK-12 school operations and parental needs. An annual re-visit is critical, at least through 2025 or until the pandemic impacts on child care and life for families with young children begins to stabilize. It is suggested that the recommendations at the end of each section be reviewed annually and either implemented, eliminated, carried over or noted as accomplished. It will be critical to decide which entity holds the work of re- visiting the SSF CCMP as recommendations are specific to a range of city departments and external partners, and how responses will be communicated. Communicating decisions related to child care and resulting from the SSF CCMP will need to be communicated to families residing and working in SSF (as well as those attending SSFUSD schools). Parents and guardians should be part of the process of providing input, evaluating and supporting the actions contained within the plan. Families should be supported to be engaged advocates for child care in their community. 268 132 SSF: CHILD CARE MASTER PLAN CREATING A LIVING PLAN 9 Section 9: Creating a Living Plan – Recommendation for Evaluating the SSF Child Care Master Plan Items that are HIGHLIGHTED are priorities. 9.1. Create a Joint Advisory Committee to the CCMP SSF (JACCCMP) consisting of representation from City Council, P&R Commission, SSFUSD Board, private providers and community resource groups. city staff and parents. The JACCCMP: 9.1a. Meets monthly to advise on CCMP SSF implementation and review, revise and update recommendations. 9.1b. Administers parent/guardian survey every 2–3 years to assess ongoing needs, changes in priorities and shifts in opinions and publish survey results. 9.1c. Administers child care provider survey annually, to assess needs, changes, priorities, and workforce stability. 9.1d. Reviews survey findings, departmental recommendations and advise on actions related to child care. 9.1e. Review SHAPE SSF elements when released in 2022 and ensure fidelity between CCMP SSF findings, and updated goals related to child care and implementation strategies. 9.1f. Consider topical recommendations designated for the JACCCMP throughout the CCMP SSF such as: TK expansion in SSF, workforce stability, wage impacts, pipelines, COVID impacts on child care, gaps in services and neighborhoods, long term growth and child care impacts east of Hwy 101, facilities inventory, etc. 9.2. Identify lead webmaster and implement web-related recommendations throughout CCMP SSF, including adding child care specific landing pages, adding child care language and resources across city informational sites, making additions to specific city web pages, integrating and cross-linking city sites and developing a regular updating schedule. 9.3. Designate key city staff from the Parks & Recreation, Planning, Economic Development, Human Resources Departments, as identified leads in CCMP SSF implementation and point of contact within their departments to coordinate responses to child care planning needs, updates and findings. 9.4. Create a staffing model that allows for the development of a “point person” in child care within the city structure that coordinates and supports the work of the Joint Advisory Committee of the Child Care Master Plan (JACCCMP), provides recommendations based on the updated CCMP SSF findings to SSF administration and leadership, and interfaces with: • South San Francisco Unified School District • San Mateo County Child Care Partnership Council (SMC CCPC) • SSF Departments impacting child care development • Funding and contracting opportunities with CDE, CDSS, WIB, federal, state and local sources, etc. • Federal, state and local private child care funding and policy organizations 269 133 SECTION 10Resources 270 134 SSF: CHILD CARE MASTER PLAN RESOURCES 10 COVID Pandemic Resources for the Child Care Community SB 114 – Covid sick leave extension legislation, 2022 – https://leginfo.legislature.ca.gov/faces/billNavClient. xhtml?bill_id=202120220SB114 https://www.smcgov.org/press-release/county-moves- expand-covid-19-vaccinations-eligible-essential-workers https://buildupsmc.com/covid-19/covid-19-guidance-for- operating/ https://sanmateo4cs.org/covid-19-vaccination-information/ https://www.smcoe.org/for-communities/covid-19-resources/ https://earlyedgecalifornia.org/wp-content/uploads/2020/04/ COVID-19-Guidance-regarding-Emergency-Childcare- Services-1.pdf https://www.childcareaware.org/coronavirus-hub/ coronavirus-landing-page/state-policies-and-ratio-changes- during-covid-19/ https://www.smcoe.org/for-communities/covid-19-resources/ covid-19-school-plans-and-data.html https://first5sanmateo.org/covid-19-information-resources/ https://www.smchealth.org/pedsvaccine https://www.smchealth.org/vaccines https://www.cdss.ca.gov/inforesources/cdss-programs/ community-care-licensing/child-care-licensing/covid-19- child-care-resources https://covid19.ca.gov https://www.sba.gov/funding-programs/loans/covid-19- relief-options/eidl https://toolkit.covid19.ca.gov https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/ Guidance.aspx https://www.smcgov.org/press-release/county-moves- expand-covid-19-vaccinations-eligible-essential-workers https://www.sba.gov/funding-programs/loans/covid-19- relief-options/paycheck-protection-program SSF Resources SHAPE SSF – https://shapessf.com City of SSF – https://www.ssf.net South San Francisco – Establishing a Child Care Facility; Land Use and Zoning – https://buildupsmc.com/projects- page/land-use-study/ San Mateo County Needs Assessment SMC CCPC/South San Francisco – https://www.smcoe.org/assets/files/About_FIL/ Child%20Care%20Partnership%20Council_FIL/Needs%20 Assessment_FIL/CCPC_Needs_Assessment_South_San_ Francisco_11-17.pdf SSF Unemployment Data – https://ycharts.com/indicators/ south_san_francisco_ca_unemployment_rate SSF Racial and Social Equity Plan 2021 – https://www.ssf.net/ home/showpublisheddocument/24373/637653319103000000 “SSF Parent/Family Survey” 2021 – https://www.ssf.net/ home/showdocument?id=26458&t=637878735536903597 “SSF Child Care Provider Survey” – https://www.ssf.net/ home/showdocument?id=26460&t=637878736167532836 Early Care and Education for All-SSF-Parcel Tax – https:// ece4allssf.org/our-plan/ San Mateo County Data, Resources and Press SSF Human Resources – https://www.ssf.net/departments/ human-resources/job-resources/benefits San Mateo County Child Care Partnership Council (SMC CCPC) – https://www.smcoe.org/about/child-care- partnership-council/ California Department of Social Services, Community Care Licensing, Child Care Licensing Division – San Bruno Office – https://cdss.ca.gov/inforesources/child-care-licensing Solving San Mateo Counties Child Care Problems – https:// www.smdailyjournal.com/opinion/guest_perspectives/ solving-the-county-s-child-care-and-preschool-shortage/ article_54a1bba8-04b0-11ea-be49-07bf22da5f05.html San Mateo County – San Mateo Child Care Portfolio – R&R Network 2019 – https://rrnetwork.org/assets/general-files/ San-Mateo.pdf 271 135 SSF: CHILD CARE MASTER PLAN RESOURCES 10 High Cost of Living in the Bay Area – United Way – https:// www.uwba.org/homepage/our-impact/the-real-cost- measure-2021 San Mateo All Together – https://www.smcalltogetherbetter. org/demographicdata?id=7691 Child Care Subsidy Pilot – San Mateo Count, 2016-2017 – https://www.smcoe.org/assets/files/About_FIL/Child%20 Care%20Partnership%20Council_FIL/Child%20Care%20 Subsidy%20Program_FIL/AB1326_FY1617_Annual_Report_ FINAL.pdf Child Care in San Mateo County Still Recovering – https:// www.smdailyjournal.com/news/local/san-mateo-county- child-care-industry-recovering/article_2581e272-87fc-11ec- bf0a-cb077d885b83.html?utm_source=smdailyjournal. com&utm_campaign=%2Fnewsletters%2Fheadlines% 2F%3F-dc%3D1644246018&utm_medium=email&utm_ content=headline Data on Subsidized Preschool, 2021 – SMC CCPC – https://www.smcoe.org/about/child-care-partnership- council/child-care-subsidy-program.html Brion Early Learning Facilities Study for San Mateo County – https://first5sanmateo.org/wp-content/uploads/2017/06/ Brion-Executive-Summary-Early-Learning-Facilities- Study-2016.pdf Talent Forward/US Chamber – San Mateo County – https://www.forwardontalent.org/stories/buildup-smc/ Economic Impacts of Child Care in San Mateo County – http://www.buildingchildcare.net/uploads/pdfs/ca-county- eirs/SMC.economic_impact_2010.pdf Build Up San Mateo County – https://buildupsmc.com San Mateo County – All Together Better – https://www. smcalltogetherbetter.org EDD Data – Labor Market/ San Mateo County – https://www. labormarketinfo.edd.ca.gov/geography/sanmateo-county.html Skyline College Program Review Data https://www. skylinecollege.edu/programreview/cpr/assets/2019-2020/ EDUCD-CPR-2019-20.pdf San Mateo County Teacher Salaries – https://www. smdailyjournal.com/ Community Equity Collaborative – https://www. communityequitycollaborative.org/ Other City/County Data, Resources and Press Low Income Investment Fund – Child Care Facilities Fund – https://www.liifund.org/products/grants/grants-for-child- care/ccff/ SF Bay Region – Teacher Prep Program Educator Sector Occupations Data – http://teacherprepprogram.org/wp- content/uploads/2020/01/COE-report-TeacherOccupations- BayRegion-web-August2019.pdf COVID Pandemic Teacher Shortages – Bay Area – https:// abc7news.com/teacher-shortage-bay-area-school-districts- covid-19-impact-on-education-not-enough-teachers-in- schools/10915397/ Bay Area School Districts – COVID Impacts – Teacher Shortage – https://abc7news.com/teacher-shortage-bay- area-school-districts-covid-19-impact-on-education-not- enough-teachers-in-schools/10915397/ Bay Area – Child Care on the Brink – COVID 19 – https://cscce. berkeley.edu/california-child-care-at-the-brink-covid-19/ City of Redwood City Child Care Information and Resource Site – https://www.redwoodcity.org/residents/child-care City of San Mateo Child Care Development Fee – https:// www.cityofsanmateo.org/4162/Mitigation-Fee-Act-Reports City of Palo Alto Child Care Resource Data – https://www. cityofpaloalto.org/Departments/Community-Services/ Human-Services/Child-Care-Resource City of Milpitas Child Care Master Plan – https://www. ci.milpitas.ca.gov/_pdfs/child_care_master_plan.pdf City of San Francisco Office of ECE – https://sfoece.org City of San Mateo Child Care Start –up Guide https://www. cityofsanmateo.org/DocumentCenter/View/150/Child-Care- Start-Up-Guide?bidId= San Francisco OECE Needs Assessment – https://sfoece.org/ wp-content/uploads/2018/08/Needs-Assessment-2017-FINAL. pdf SF Bay Area College Going Rate – https://www.ppic.org/data- set/maps-of-college-enrollment-rates-in-californias-counties/ Kai Ming STEP Program – https://www.kaiming.org/ projects/1 272 136 SSF: CHILD CARE MASTER PLAN RESOURCES 10 30 million to be distributed to early childhood educators in SF – https://ecesf.org/30-million-for-cares-2-0-stipends/ Centers of Excellence Data for Labor Market Research – https://sites.google.com/baccc.net/coe/home NOVAWORKS – https://novaworks.org/about/novaworks/ overview California Data, Resources and Press California Department of Education – https://www.cde. ca.gov State of CA - Governor’s Budget – 2022-2023 – https://www. ebudget.ca.gov/FullBudgetSummary.pdf California Department of Social Services – Child Care – https://cdss.ca.gov/inforesources/child-care-and- development Making Ends Meet – 2017 – https://calbudgetcenter.org/ resources/making-ends-meet-much-cost-support-family- california/ Types of Subsidized Child Care – https://laborcenter. berkeley.edu/wp-content/uploads/2019/05/ECE_Table1-01. png Investing in Early Care and Education – https://laborcenter. berkeley.edu/investing-early-care-education-economic- benefits-california/ ECEPTS Fact Sheet – https://ecepts.org/wp-content/ uploads/2021/02/Fact-Sheet-CA.pdf EdSource – Local Control Funding Data – https://edsource. org/local-control-funding-formula-database/basic_aid.html How Important is Preschool in California – https://www. ppic.org/blog/seven-in-ten-californians-support-state- funded-preschool/ Local Child Care Waitlists Long – https://krcrtv.com/news/ local/local-childcare-waitlists-longer-than-a-year-daycares- in-need-of-qualified-teachers California’s Expanded Learning Workforce – https://static1. squarespace.com/static/59f76b95268b96985343bb62/t/ 603ff28232f79c463ded419e/1614803593798/ Expanded+Learning+Workforce+Fact+Sheet+-+02-24-21.pdf CCIP Expansion Grant – https://rrnetwork.org/publications/ ccip-expansion-2020 Benefits of Universal Preschool (TK) - Benefits of UPK – https://www.newamerica.org/the-thread/ the-universal-benefits-of-universal-pre-k/?utm_ medium=email&utm_campaign=Early%20%20 Elementary%20Ed%20Update%20616&utm_ content=Early%20%20Elementary%20Ed%20Update%20 616+CID_8065c9a59dd581a7874311342e629395&utm_ source=Campaign%20Monitor%20Newsletters&utm_ term=The%20Universal%20Benefits%20of%20Universal%20 Pre-K Seven in Ten Californians Support State-funded Preschool – https://www.ppic.org/blog/seven-in-ten-californians- support-state-funded-preschool/ Developing Pathways for Expanded Learning Professionals into Teaching – CAN – https://www.afterschoolnetwork.org/ paving-way-pathways-exl-educators-teaching Child Care and Transit – http://s3.amazonaws. com/mildredwarner.org/attachments/000/000/392/ original/51f727e204cba4cee9db9c5a38c1b8d8 CSCEE – Size of California’s Early Learning Workforce – https://cscce.berkeley.edu/estimated-size-of-the-california- ece-workforce/ CA Expanded Learning – https://www.afterschoolnetwork. org/sites/main/files/file-attachments/can_sots_expanded_ learning_2018-2019-a11y.pdf?1582667975 Guide to California’s Early Learning Workforce – https:// edsource.org/2020/quick-guide-the-california-teacher- workforce/636231 Early Educators Equipped to Teach TK in CA – https://cscce. berkeley.edu/early-educators-equipped-to-teach-tk/ CA R&R Network – CA Assets – https://rrnetwork.org/assets/ general-files/California.pdf CDE – Commission of Teacher Credentialing Agenda – https://www.ctc.ca.gov/docs/default-source/commission/ agendas/2021-09/2021-09-2a.pdf?sfvrsn=14b325b1_2 Paving the Way – Pathways to Teaching – https://www. afterschoolnetwork.org/paving-way-pathways-exl-educators- teaching CA R&R Network- Becoming Licensed – https://rrnetwork. org/provider-services/become-a-licensed-provider 273 137 SSF: CHILD CARE MASTER PLAN RESOURCES 10 EDD – Disability Benefits Eligibility – https://edd.ca.gov/ disability/Am_I_Eligible_for_PFL_Benefits.htm DIR – Lactation Accommodation – https://www.dir.ca.gov/ dlse/Lactation_Accommodation.htm Teacher Shortages During the Pandemic – How Districts are Responding – https://learningpolicyinstitute.org/product/ california-teacher-shortages-response-report Study Examines California’s Landmark Paid Family Leave Program Over 20 years – https://www.bayareacouncil.org/ press-releases/new-study-examines-californias-landmark- paid-family-leave-program-over-20-years/ CDE Preschool through Grade 3 – Alignment – https://www. cde.ca.gov/ci/gs/p3/ Child Care Law Center – Child Care in the State Budget – https://childcarelaw.salsalabs.org/takeaction_copy1_ copy1_copy2_copy1_copy1_copy2_copy1_copy1_copy1_ copy1?wvpId=d530c8e2-3453-11e8-afff-1225a4090e86 Demographics of the California ECE Workforce – https:// cscce.berkeley.edu/demographics-of-the-california-ece- workforce/ Workforce Development Boards and Child Care – https:// strategies.workforcegps.org/resources/2019/12/27/18/41/ Local-Workforce-Development-Boards-and-Child-Care Developing Pathways for Expanded Learning Professionals into Teaching – CAN – https://www.afterschoolnetwork.org/ paving-way-pathways-exl-educators-teaching CA Teacher Capacity Grants – https://www.ctc.ca.gov/ educator-prep/grant-funded-programs/teacher-residency- grant-program The State of Expanded Learning in California – https:// www.afterschoolnetwork.org/sites/main/files/file- attachments/can_sots_expanded_learning_2018-2019-a11y. pdf?1582667975 Boosting California’s Recovery Through Equitable Apprenticeships – https://www.irvine.org/insights/boosting- californias-recovery-through-equitable-apprenticeship/ UTK Compendium – https://www.cde.ca.gov/ci/gs/p3/ documents/upkteachercompendium.pdf CA Health and Human Services Agency, Master Plan for Early Learning and Care – https://www.chhs.ca.gov/home/master- plan-for-early-learning-and-care Seven in Ten Californians Support Preschool – https:// www.ppic.org/blog/seven-in-ten-californians-support-state- funded-preschool/ Planning for Child Care in California; Anderson, Kristen – https://solano.com/products/planning-for-childcare-in- california Early Edge – https://earlyedgecalifornia.org The 2021 Pro-Kid Agenda – https://www.childrennow.org/ portfolio-posts/the-2021-pro-kid-policy-agenda/ Join The Children’s Movement™ – https://www.childrennow. org/ CDSS; Child Care and Development – https://www.cdss. ca.gov/inforesources/cdss-programs/calworks-child-care/ child-care-transition CDE – Universal Transitional Kindergarten (UTK) FAQ – https://www.cde.ca.gov/ci/gs/em/kinderfaq.asp Good Jobs Challenge – https://eda.gov/arpa/good-jobs- challenge/ California Apprenticeship Initiative – https://foundationccc. org/What-We-Do/Workforce-Development/Workforce- Services/California-Apprenticeship-Initiative CDSS Child Care Infrastructure Grant Program – https:// www.cdss.ca.gov/inforesources/child-care-and-development/ infrastructure-grant-program Governor’s Master Plan for Early Learning; California for all Kids – https://www.gov.ca.gov/2020/12/01/governor- newsom-releases-the-master-plan-for-early-learning-and- care-california-for-all-kids/ CDE Early Childhood Education – https://www.cde.ca.gov/sp/ cd/re/cddeceplan.asp Early Educator Teacher Development Grant Program – https://www.cde.ca.gov/fg/fo/profile. asp?id=5771&recID=5771 Strong Workforce Funds – CA Community Colleges – https:// www.cccco.edu/About-Us/Chancellors-Office/Divisions/ Workforce-and-Economic-Development/Strong-Workforce- Program Employment Training Panel – CA – https://etp.ca.gov 274 138 SSF: CHILD CARE MASTER PLAN RESOURCES 10 California Scorecard – Children Now – CA First 5 – https:// first5sanmateo.org/wp-content/uploads/2021/06/Ted- Lempert_Children-Now_2021-Budget-Presentation.pdf The California Children’s Report Card – https://www. childrennow.org/portfolio-posts/20-report-card/ County Scorecard of Children’s Well-Being – https://www. childrennow.org/portfolio-posts/2021-california-county- scorecard-of-childrens-well-being/ Advancement Project –Educational Equity /Child Care – https://www.advancementprojectca.org Community Schools – CDE – https://learningpolicyinstitute. org/product/ca-community-schools-partnership-brief CCCC Academic Senate – https://asccc.org/sites/default/ files/Resolutions%20Spring%202021%20For%20Review%20 Period--To%20Send%20%20Out_0.pdf Federal Data, Resources and Press Three Reasons Why Everyone is Quitting Their Jobs – https://www.businessinsider.com/3-reasons-everyones- quitting-great-resignation-biden-labor-secretary-2022-1 US Chamber of Commerce Foundation, COVID IMPACT on Child Care Report, 2020 – https://www. uschamberfoundation.org/reports/covid-19-impact-childcare Why is Child Care so Expensive – https://www.theatlantic. com/ideas/archive/2019/11/why-child-care-so- expensive/602599/ Burned Out – Why Women Won’t Return to the Job Market – https://www.usnews.com/news/business/ articles/2021-11-04/burned-out-why-wont-more-women- return-to-the-job-market US Chamber Foundation – COVID Pandemic Child Care Impacts Report; 2020 – https://www.uschamberfoundation. org/reports/covid-19-impact-childcare COVID 19: Essential Workers in the States – https://www. ncsl.org/research/labor-and-employment/covid-19-essential- workers-in-the-states.aspx I am not the only mom unable to return to work because of child care – https://www.seattletimes.com/opinion/im-not- the-only-mom-unable-to-return-to-work-because-of-child- care/ Parents are Keeping their Kids out of Daycare to Save Money, but is it working? – https://www.parents.com/ toddlers-preschoolers/childcare/daycare/parents-keeping- kids-out-of-daycare-to-save-money/ Delta May Worsen the Child Care Shortage; The Atlantic – https://www.theatlantic.com/family/archive/2021/08/delta- child-care-shortage-unvaccinated-kids/619919/ Child Care: The Federal Role During World War II – https:// www.everycrsreport.com/reports/RS20615.html Child Care Came at a Steep Cost During COVID – https:// www.cnbc.com/2021/08/13/for-working-parents-child-care- came-at-a-steep-cost-during-covid.html Build Back Better Act: November 2021 – https://www. newamerica.org/education-policy/edcentral/build-back- better-whats-in-it-for-education/?utm_medium=email&utm_ campaign=EdCentral%20633&utm_content=EdCentral%20 633+CID_c092f30c6edea3e48a1c3be856e5a928&utm_ source=Campaign%20Monitor%20Newsletters&utm_ term=Build%20Back%20Better%20Act%20BBB Build Back Better a Game Changer – https://www.usnews. com/news/education-news/articles/2021-11-19/build-back- better-act-a-game-changer-for-early-childhood-education Employment Projections: 2020-2030 Summary – Bureau of Labor Statistics – https://www.bls.gov/emp/tables/ employment-by-major-industry-sector.htm The Power of Family Friendly and Inclusive Cities – https:// www.forbes.com/sites/carmenniethammer/2021/02/27/ managing-childcare-the-power-of-family-friendly-and- inclusive-cities/?sh=3dbd5a6018e7 Teachers are not Okay, Even Though We Need Them to Be – https://www.edweek.org/teaching-learning/teachers-are- not-ok-even-though-we-need-them-to-be/2021/09 Characteristics of Home-Based Early Care and Education Providers: Initial Findings from the National Survey of Early Care and Education – https://www.acf.hhs.gov/sites/default/ files/documents/opre/characteristics_of_home_based_early_ care_and_education_toopre_032416.pdf Demographics of FFN Care in the US – https://www.nccp.org/ publication/demographics-of-family-friend-and-neighbor- child-care-in-the-united-states/ Funding Universal Child Care – https://newrepublic.com/ article/163991/funding-universal-prek-childcare US Base Year Employment Data – https://www.bls.gov/news. release/ecopro.nr0.htm 275 139 SSF: CHILD CARE MASTER PLAN RESOURCES 10 White House - The Economics of Early Childhood Investments; 2015 – https://obamawhitehouse.archives.gov/ sites/default/files/docs/early_childhood_report_update_ final_non-embargo.pdf White House – Federal Build Back Better Plan – https://www. whitehouse.gov/build-back-better/ Labor and Employment – US Essential Workers – https:// www.ncsl.org/research/labor-and-employment/covid-19- essential-workers-in-the-states.aspx COVID Triggered Parental Stress – https://people.com/ human-interest/covid-wave-triggering-parent-stress/ America’s Approach to Early Childhood Education is Unsustainable – https://www.latimes.com/opinion/ story/2022-02-12/early-education-childcare-workers-wages- too-low Child Care Workers are Vanishing and it is Hurting the Entire Economy – https://www.cnn.com/2022/01/28/economy/child- care-labor-force-declines/index.html Child Care Economics Weigh on Recovery – https://www. axios.com/child-care-economics-recovery-e96df4ec-e78b- 4b47-9fbe-40a13297e5cb.html Day Care Centers Struggle to Rehire – https://www.cnbc. com/2021/07/29/day-care-centers-struggle-to-rehire-worry- many-have-left-the-industry.html Funding Universal Pre-K and Not Child Care Would be a Disaster – https://newrepublic.com/article/163991/funding- universal-prek-childcare The High Price of Parenting – https://www.fastcompany. com/90686678/the-high-price-of-parenting Pandemic Worker Shortage Hits Day care and Parents are Struggling – https://news.yahoo.com/day-care-centers-t- enough-223900781.html Biden’s Build Back Better on Ice – https://www.cnn. com/2021/12/20/politics/joe-biden-build-back-better- setback-explained/index.html Paid Family Leave and Medical Leave – Family Values – https://familyvaluesatwork.salsalabs.org/tweetatcongress/ index.html?eType=EmailBlastContent&eId=0e5e0c14-165e- 4c06-b75c-5f9a7535528f Families Spending Big Money on Child Care – https://www. americanprogress.org/article/working-families-spending-big- money-child-care/ What if Child Care Was Free? – https://www.vox.com/the- goods/22360152/child-care-free-public-funding Employment Projections: 2020-2030 Summary – https:// www.bls.gov/emp/tables/employment-by-major-industry- sector.htm Funding the Next Generation – https://www. fundingthenextgeneration.org Early Care and Education is in Crisis – Biden can Intervene – https://cscce.berkeley.edu/ece-is-in-crisis-biden-can- intervene/ Local Workforce Development Boards and Child Care – https://strategies.workforcegps.org/ resources/2019/12/27/18/41/Local-Workforce-Development- Boards-and-Child-Care Good Jobs Challenge – https://eda.gov/arpa/good-jobs- challenge/ Home-based Child Care Emergency Fund Tool Kit – https:// www.reinvestment.com/wp-content/uploads/2020/03/Home- Based-Child-Care-Emergency-Fund-A-Toolkit-for-Funders.pdf WIOA Funds – https://workforce.urban.org/strategy/ workforce-innovation-and-opportunity-act Headstart – https://www.acf.hhs.gov/ohs/about/history- head-start Federal Apprenticeship – Building America – https://www. grants.gov/web/grants/view-opportunity.html?oppId=336694 PAYA – Partnership to Advance Youth Apprenticeship – https://www.newamerica.org/education-policy/press- releases/paya-grantee-announcement/ NDLC – https://community-wealth.org/content/national- economic-development-and-law-center US New Market Tax Credit Program – https://www.cdfifund. gov/programs-training/programs/new-markets-tax-credit 276 The Child Care Master Plan for South San Francsico represents the commitment of city officials, administrators, and staff to provide a comprehensive vision for child care services with actionable recommendations and an integrated city perspective. Many thanks to the CCMP SSF advisory team of Sharon Ranals, Greg Mediati, Laura Armanino, Angela Duldulao, Kimberly Morrison, and Kelli Jo Cullinan for their advice, support, and guidance during the nine month process. Their regular meetings and ongoing availability were essential to this process. The SSF Parks & Recreation Department exemplifies a group of employees who practice the public mission of caring, responsive, and compassionate service delivery. It has been a pleasure to work with this team. Thank you also to the many experts in the field of early care and education in San Mateo County. This master plan was built on the excellent foundation created by the San Mateo County Office of Education, the Child Care Partnership Council, Build Up San Mateo County, Child Care Coordinating Council of San Mateo County, the child care and planning leadership of the cities of Redwood City and San Mateo, and the supportive philanthropic community in the county. Also, in recognition of the past and present local leaders who have shaped child care policies and gone on to impact state and federal landscapes, a heartfelt thank you. And finally, to the parents, guardians, and child care providers that together, with the City of South San Francisco and the South San Francisco Unified School District, make up the child care landscape, thank you for your thoughtful input and support during this process. It has been a privilege to share your needs, concerns, and strengths. For questions about the development or implementation of the Child Care Master Plan for South San Francisco, contact us at childcareplan@ssf.net or (650) 829-3800. THE 2022 CHILD CARE MASTER PLAN FOR SOUTH SAN FRANCISCO Please visit the City of South San Franciso Child Care Master Plan page at: ssf.net/childcareplan Please visit the interactive map of SSF Child Care Facilities at: ssf.net/childplan 277 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-441 Agenda Date:6/8/2022 Version:1 Item #:12a. Resolution adopting The 2022 Child Care Master Plan for South San Francisco: A Plan for 2020-2030. WHEREAS,the City Council recognized the need to plan for the near,mid-term,and long-term child care needs of residents and employers in South San Francisco,and authorized funding to develop a Child Care Master Plan (CCMP) in fiscal year 2021-22; and WHEREAS,the purpose of the master plan is to improve and expand the reach,quality,and impact of early childhood education programs,child care,and youth services for South San Francisco residents,and will be used as a resource for guiding future operations,priorities and the development and location of child care programs through 2030; and WHEREAS,Kathleen White,a child care consultant was selected to assist staff in crafting a comprehensive Child Care Master Plan; and WHEREAS,project methodology involved a mixed method of quantitative data analysis and qualitative findings,which included researching local and regional publications,conducting two community surveys, taking inventory and mapping child care programs within the city,reviewing population projections, interviewing key child care community leaders, and current economic factors; and WHEREAS,alignment with the City’s updated General Plan,SHAPE SSF,was coordinated and cross- referenced in both Plans; and WHEREAS,the draft Child Care Master Plan was agendized for consideration and approved by the Parks and Recreation Commission on April 19,2022,with public and Commission comments incorporated into the final draft; and WHEREAS,the Master Plan has been completed at a time of great promise and possibility in which significant federal,state,county,and local funds will continue to be available through 2025 and beyond,as California ramps up efforts to implement Transitional Kindergarten (Universal TK)for all four-year-olds and income eligible three-year-olds;these initiatives also provide for a significant expansion of extended learning (after school)program funding and expanded workforce development efforts,specifically prioritizing the education sector; and WHEREAS,the plan includes over one hundred recommendations,the implementation of which,if done in collaboration and alignment,can maximize funding opportunities and can result in improved outcomes for South San Francisco’s children and families. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of South San Francisco that the City Council hereby adopts The 2022 Child Care Master Plan for South San Francisco: A Plan for 2020-2030. City of South San Francisco Printed on 6/9/2022Page 1 of 2 powered by Legistar™278 File #:22-441 Agenda Date:6/8/2022 Version:1 Item #:12a. ***** City of South San Francisco Printed on 6/9/2022Page 2 of 2 powered by Legistar™279 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-442 Agenda Date:6/8/2022 Version:1 Item #:13. Report regarding approving on-call consulting services agreements with CSG Consultants,Inc.,DKS Associates,Gannet Fleming,Inc.,Gray-Bowen-Scott,Michael Baker International,Inc.,Swinerton Management &Consulting,TRC Engineers,Inc,and West Coast Code Consultants,Inc.for on-call municipal engineering services for the City of South San Francisco’s Capital Improvement Program in an amount not to exceed $4,500,000 for each firm,for a total contract authority amount of $36,000,000 for a three year term,and authorizing the City Manager to execute the agreements on behalf of the City.(Matthew Ruble,Principal Engineer) RECOMMENDATION It is recommended that the City Council adopt a resolution approving on-call consulting services agreements with CSG Consultants,Inc.,DKS Associates,Gannet Fleming,Inc.,Gray-Bowen-Scott, Michael Baker International,Inc.,Swinerton Management &Consulting,TRC Engineers,Inc,and West Coast Code Consultants,Inc.for on-call municipal engineering services for the City of South San Francisco’s Capital Improvement Program in an amount not to exceed $4,500,000 for each firm,for a total contract authority amount of $36,000,000 for a three year term,and authorizing the City Manager to execute the agreements on behalf of the City. BACKGROUND/DISCUSSION The City of South San Francisco (“City”)Public Works Department is responsible for developing, implementing and delivering the Capital Improvement Program (CIP)and providing land development engineering on a timely basis and within the approved budgets.The CIP projects vary in scope and breadth from street improvements,parks,playgrounds,bicycle and pedestrian improvements,utilities,Water Quality Control Plant (WQCP) improvements and various City-owned building/facility improvements. The adopted fiscal year (FY)2022-23 CIP is the largest and most diverse CIP in City’s history with one hundred and thirty (130)projects and a total value of $301 million.Delivery of a large CIP will require consultant support for the management,delivery,and implementation of the projects on a timely basis.The following table shows the last four fiscal years and the increasing value and complexity of the Capital Improvement Program: Fiscal Year # of Projects Total CIP Appropriations 2018-2019 81 $152.0M 2019-2020 90 $101.2M 2020-2021 103 $195.3M 2021-2022 122 $284.1M Future 2022-2023 130 $301.0M City of South San Francisco Printed on 6/3/2022Page 1 of 4 powered by Legistar™280 File #:22-442 Agenda Date:6/8/2022 Version:1 Item #:13. Fiscal Year # of Projects Total CIP Appropriations 2018-2019 81 $152.0M 2019-2020 90 $101.2M 2020-2021 103 $195.3M 2021-2022 122 $284.1M Future 2022-2023 130 $301.0M The Engineering Division currently has four (4)licensed engineers,with one vacancy,managing the CIP.Each engineer oversees an average of fourteen (14)CIP projects concurrently,as well as accommodating the needs of the public and other City departments,such as plan checking from the Planning and Building Divisions,staff support for the Oyster Point Development and Measure W Projects,committees,additional non-CIP projects assigned to the Engineering Division,and addressing public traffic calming requests.Providing sufficient resources for the CIP and other assignments is difficult with the current staffing level.As a comparison,the City of San Mateo’s CIP for fiscal years 2022-26 is $273M;however,they have twenty-two (22)engineers working on projects. By continuing to utilize a model whereby a consultant assists in management of all aspects of project delivery, Public Works will be able to more efficiently deliver the volume of CIP projects approved by City Council.City staff will still manage the projects and provide direction but using one-stop-shopping consultants will provide better overall coordination and accountability from one consultant team rather than the previously utilized approach of using multiple consultants on each project.Without augmenting City engineering staff as proposed, CIP projects will be delayed as existing City staff cannot effectively manage the required volume of work.The alternative to using outside contractors would be to issue request for proposals for the various services needed for each individual project,significantly delaying the CIP project delivery process,increasing the coordination complexity of each project and cost. THE RFQ PROCESS The CIP projects have competing priorities and require an extensive amount of engineering and management resources over and above the existing staffing.In order to move projects from preliminary studies and design to construction,staff sought proposals from firms to provide a well-qualified,multi-disciplinary and success- oriented team to deliver comprehensive municipal engineering services to support the City’s CIP.Municipal engineering services encompass multi-disciplinary engineering design and construction services to match each project’s specific requirements. Selection of consulting services is not based on the lowest bidder,but on the firm’s expertise,experience and references.Once the most qualified firms are determined,staff negotiates a fee proposal and any changes deemed necessary to obtain a reasonable cost for the scope of work.Because these projects are locally funded, City of South San Francisco Printed on 6/3/2022Page 2 of 4 powered by Legistar™281 File #:22-442 Agenda Date:6/8/2022 Version:1 Item #:13. there are no Disadvantaged Business Enterprise (DBE) requirements. Staff issued a Request for Proposals (RFP)for municipal engineering services on April 13,2022,on the OpenGov (formerly ProcureNow)website.Eight proposals were received on the due date of April 29,2022.A review panel was created consisting of members from Public Works:Matt Ruble,Principal Engineer;Jason Hallare,Senior Civil Engineer;and Bianca Liu,Senior Civil Engineer.The eight proposals were from the following firms: ·CSG Consultants, Inc. (CSG) ·DKS Associates (DKS) ·Gannett Fleming, Inc. (GF) ·Gray-Bowen-Scott (GBS) ·Michael Baker International, Inc. (MBI) ·Swinerton Management & Consulting (SMC) ·TRC Engineers, Inc. (TRC) ·West Coast Code Consultants, Inc. (WC3) Based on the qualifications submitted,all eight firms demonstrated staffing availability and expertise to provide the municipal engineering services that the Engineering division needs for effective CIP project delivery and land development engineering.Due to the large volume of projects and private developments,staff recommends that all eight firms undertake the municipal engineering services based upon the firms’experience, resources,familiarity of South San Francisco,and positive references.All eight firms currently provide services to the City. City staff reviewed the current CIP and created a list of projects for the eight consulting teams to manage and deliver.Staff will issue individual task orders for the various CIP projects and related tasks assigned to the consultant based on each firms’strengths and ability to deliver projects.All eight consultant teams have dedicated the resources to perform multi-disciplinary engineering design and construction services throughout design and construction period,as well as inspection services during construction in order to deliver all projects on the list in a timely manner.Based on the anticipated workload,staff recommends executing a consultant agreement with each consultant firm in an amount not to exceed $4,500,000 over the three-year length of the contract.Firms will be paid based upon the work assigned and completed,not on any retainer basis or guarantee of work or payment.The overall length of the consultant agreements is three years,from July 1, 2022, to June 30, 2025. The total amount of consultant work to be requested and performed during the term for each consultant will be determined on an on-call basis as defined by the City on a project-by-project basis through individual work orders with specifically defined scope and schedule.There is no city obligation to expend any funds under these agreements. City of South San Francisco Printed on 6/3/2022Page 3 of 4 powered by Legistar™282 File #:22-442 Agenda Date:6/8/2022 Version:1 Item #:13. FUNDING There are sufficient funds allocated in the CIP projects to cover the municipal engineering costs. No compensation beyond the not to exceed amount will be authorized without a mutually agreed upon level of effort and corresponding contract amendment.The Engineering Division will be overseeing the program management,and the cost of administration will be charged to each corresponding CIP project.The proposed cost estimate is shown below: Municipal Engineering Services (CSG)$ 4,500,000 Municipal Engineering Services (DKS)$ 4,500,000 Municipal Engineering Services (GF)$ 4,500,000 Municipal Engineering Services (GBS)$ 4,500,000 Municipal Engineering Services (MBI)$ 4,500,000 Municipal Engineering Services (SMC)$ 4,500,000 Municipal Engineering Services (TRC)$ 4,500,000 Municipal Engineering Services (WC3)$ 4,500,000 Total $ 36,000,000 RELATIONSHIP TO STRATEGIC PLAN The municipal engineering services agreements are consistent with the City’s Strategic Initiative to improve and maintain quality of life. CONCLUSION Staff recommends the City Council adopt a resolution authorizing the City Manager to execute consulting services agreements with CSG Consultants,Inc.,DKS Associates,Gannet Fleming,Inc.,Gray-Bowen-Scott, Michael Baker International,Inc.,Swinerton Management &Consulting,TRC Engineers,Inc,and West Coast Code Consultants based on their qualifications,experience,references and understanding of the projects. Award of this agreement will support the delivery of the CIP program. Attachments: 1.Evaluation Summary 2.Consultant Profiles and Staffing City of South San Francisco Printed on 6/3/2022Page 4 of 4 powered by Legistar™283 City of South San Francisco Public Works/Engineering Division Matthew Ruble, Principal Engineer 400 Grand Ave, South San Francisco, CA 94080 EVALUATION TABULATION Municipal Engineering Services for Fiscal Years 2022-23, 23-24, and 24-25 EVALUATORS Name Title Jason Hallare Senior Engineer Bianca Liu Senior Engineer Matthew Ruble Principal Engineer EVALUATION CRITERIA Criteria Description Scoring Method Weight (Points) Familiarity and Understanding of the City Based on the information provided by the City and past experience in South San Francisco, does the consultant understand the unique nature of City’s neighborhoods and the City’s CIP processes? Does the consultant have familiarity with the City and the area required to successfully execute the CIP programs? How close are the consultant’s permanent offices to the area? (Preference is to local or near-local consultants). Points Based 10 (16.7% of Total) Staffing Do assigned personnel and subconsultants have requisite education, experience, and professional qualifications? Are the qualifications of the consultant’s personnel suitable for the execution of programs; and, does the consultant’s organizational structure show sufficient depth for its present workload? Points Based 20 (33.3% of Total) Relevant Experience Has the consultant demonstrated the ability to successfully provide services for projects of a similar complexity and nature as described herein? Was this experience in the City of South San Francisco or nearby or similar agencies? Points Based 20 (33.3% of Total) Specific Management Approach How does the consultant intend to achieve the City’s budget and time goals for projects? How will the consultant apply its management techniques and resources? Does the consultant have E-Builder experience? Points Based 10 (16.7% of Total) 284 EVALUATION TABULATION RFP No. RFP_MuniEngSrvc_22-25 Municipal Engineering Services for Fiscal Years 2022-23, 23-24, and 24-25 EVALUATION TABULATION Request for Proposals - Municipal Engineering Services for Fiscal Years 2022-23, 23-24, and 24-25 Page 2 AGGREGATE SCORES SUMMARY Vendor Evaluator 1 Evaluator 2 Evaluator 3 Total Score (Max Score 60) CSG Consultants, Inc. 57 59 55 57.00 DKS Associates 56 56 52 54.67 Gannett Fleming, Inc. 58 55 51 54.67 Gray-Bowen-Scott 56 55 56 55.67 Michael Baker International, Inc 51 49 52 50.67 Swinerton Management and Consulting 60 60 52 57.33 TRC Engineers, Inc. 57 53 50 53.33 West Coast Code Consultants, Inc. 56 56 52 54.67 VENDOR SCORES BY EVALUATION CRITERIA Vendor Familiarity and Understanding of the City 10 Points Staffing 20 Points Relevant Experience 20 Points Specific Management Approach 10 Points Total Score (Max Score 60) CSG Consultants, Inc. 9.7 19.3 20 8 57.00 DKS Associates 8.3 18.7 18.7 9 54.67 Gannett Fleming, Inc. 9 18.7 17.3 9.7 54.67 Gray-Bowen-Scott 9.3 18.7 18.7 9 55.67 Michael Baker International, Inc 7.7 18 16.3 8.7 50.67 Swinerton Management and Consulting 9.7 19 19.3 9.3 57.33 TRC Engineers, Inc. 8 18 17.7 9.7 53.33 West Coast Code Consultants, Inc. 8.7 19.3 18.3 8.3 54.67 285 286 CSG STATEMENT OF QUALIFICATIONS TO THE CITY OF SOUTH SAN FRANCISCO MUNICIPAL ENGINEERING SERVICES 3 Brief History of Firm COMPANY PROFILE CSG Consultants, Inc. (CSG) is an employee-owned California company with its local office and headquarters in Foster City, CA. Additional support is available from our other offices in San Jose, Pleasanton, Sacramento, Newman, Fresno, and Orange. Founded in 1991, CSG performs work solely for public agencies, eliminating the potential for conflicts of interest between developers and agencies. In this way, we can focus exclusively on the specific needs of our municipal clients. NAME OF FIRM: CSG Consultants, Inc. POINT OF CONTACT Hatem Ahmed, PE, PMP | Vice President, Engineer (408) 504-8234 | hatem@csgengr.com HEADQUARTERS & LOCAL OFFICE: 550 Pilgrim Drive, Foster City, CA 94404 (650) 522-2500 phone • (650) 522-2599 fax www.csgengr.com • csgstaff@csgengr.com REGIONAL OFFICES: 3150 Almaden Expressway, #255, San Jose, CA 95118 1303 J Street, #270, Sacramento, CA 95814 3875 Hopyard Road, Suite 141, Pleasanton, CA 94588 930 Fresno Street, Newman, CA 95360 5151 N. Palm Avenue, Suite 530, Fresno, CA 93704 3707 W. Garden Grove Boulevard, Suite 100, Orange, CA 92868 YEARS IN BUSINESS: 30 • Founded in 1991 OWNERSHIP: Employee-Owned EMPLOYEES: 300+ (Company Wide) TYPE OF BUSINESS: California Corporation • Incorporated June 15, 2000 • Federal ID: 91-2053749 Services Composition CIVIL & STRUCTURAL DESIGN Capital Improvement Project Design: Transportation/Roadway, Bridges, Water and Sewer Utilities, Traffic Engineering DEVELOPMENT & MAP REVIEW Development Review, Plan Check, Surveying, City Surveyor and Mapping, Storm Water Program Compliance (NPDES, QSP/QSD) CONSTRUCTION MANAGEMENT & INSPECTION Contract Administration, including: Resident Engineer Oversight, Inspection and Construction Management Constructability/Bidability Reviews Cost and Schedule Control Claims Avoidance PROGRAM & PROJECT MANAGEMENT Capital Improvement Program Development and Implementation Federal and State Grant Administration Rule 20A Undergrounding Staff Augmentation Including: Design Consultant Coordination, Project Scoping, RFP Preparation . B S E C T I O N 287 CSG STATEMENT OF QUALIFICATIONS TO THE CITY OF SOUTH SAN FRANCISCO MUNICIPAL ENGINEERING SERVICES 4 Project Team / Staffing PROPOSED STAFFING & ORGANIZATIONAL CHART Below is CSG’s proposed organizational structure for the City’s review. Based on the needs of the City, CSG will provide the appropriate personnel to ensure the request is met. Key personnel are identified with an (*). The key personnel are fully committed to performing work under this contract. Resumes for key staff members are provided on the following pages. C S E C T I O N Hatem Ahmed, PE, PMP* CONTRACT MANAGER PROJECT MANAGEMENT David Bishop, PE, NASSCO* Hal Williams, PE* Julie Behzad, PE* Matthew Pi, PE, NASSCO* Robert Hahn, PE* Ferd Del-Rosario, PE Tom Walker, PE* Mario Camorogan, PE, QSD/P, CFM* Cesar Caronongan, NASSCO Husam Aburabi, EIT Jen Chen, NASSCO* ENGINEERING SUPPORT Ed Slintak, PE Charles Lee, PE Sophie Truong, PE, PLS, QSD/P Michael Fisher, PE, QSD/P Stephen Tovmassian, PE Son Hoang, EIT, NASSCO Allan Simeon, EIT Heba Masri, EIT Jeff Lee, EIT Jay Gonzales, EIT Jen Chen, NASSCO 288 3CITY OF SOUTH SAN FRANCISCO MUNICIPAL ENGINEERING SERVICES FOR FISCAL YEARS 2022-23, 23-34, AND 24-25 SECTION B  BRIEF HISTORY OF THE FIRM DKS, an S Corporation, provides comprehensive services spanning transportation planning, traffic engineering, and design for all modes of ground transportation. The main purpose of this on-call is to provide South San Francisco the project management services necessary to take projects from inception to completion with oversight from City staff. DKS has extensive experience with providing staff in responsible charge to supporting public agencies. We are currently providing these services to the Napa Valley Transportation Authority (NVTA), City of San Mateo, Caltrans, and Solano Transportation Authority. We bring a strong understanding of procedures followed by Federal agencies and requirements (FHWA, FTA and NEPA), Caltrans and the City. The key to managing these projects to successful completion is having a strong understanding of the Federal and State process, strong relationships with both SSF and its community, responsiveness to the needs of stakeholders, and an understanding of the critical aspects of managing risk and priorities to deliver projects on-schedule and on-budget. David Mahama, PE1970 Broadway Suite 740, Oakland, CA 94612P:510.763.2061F:510.268.1739DCM@dksassociates.comwww.dksassociates.com Founded in 1979 (43 years) ActiveWayz Engineering is a small transportation and civil engineering consulting firm that provides technical services to cities, counties, and other public agencies in planning and designing transportation projects cost-effectively. ActiveWayz offers its clients the expertise that can be found with large consulting firms, yet with the nimbleness and accessibility of a small firm. The firm brings state of the art practices in transportation solutions, and works diligently to continuously improve internal processes that lead to gains in efficiency and quality that our clients expect and deserve.Admas Zewdie, PE408.219.56782170 The Alameda, Ste 200San Jose, CA 95126Admas@ActiveWayzEngineeringwww.activewayzengineering PROJECT MANAGEMENT & STAFF AUGMENTATION STAFF AUGMENTATION SUPPORT Established in 2013, UNICO Engineering is a certified DBE firm that is fully committed to providing high quality construction management, engineering, and land surveying services to public and private clients. UNICO serves clients throughout Northern California with a current staff of over 70 from our corporate office located in Folsom, and branch offices in Sacramento, Woodland, Oakland, and San Diego. Our success is measured by the success of our clients, our responsiveness, and the quality and value of our work. We provide value to our clients by sharing their goal of effectively managing the costs of the projects which we are assigned. UNICO offers: Construction Management, Bridge, Roadway, Electrical, Facilities, Water and Sewer Inspection, Value Engineering, Office Engineering and Labor Compliance, Construction Staking and Verification, and Drone Surveying UNICO has provided construction management and inspection services for local agencies throughout Northern California. Tasks have ranged from providing a single inspector to a full construction management team. UNICO can provide construction management support in the form of Resident Engineers, Assistant Resident Engineers, Structures Representatives, ITS Specialists, Office Engineers, Surveyors, and SWPPP professionals, as needed. Carlos Melendez, PE916.900.6623 337 17th Street, Suite 206, Oakland, CA 94612cmelendez@unicoengineering.com www.unicoengineering.com PROJECT MANAGEMENT SUPPORT 289 4CITY OF SOUTH SAN FRANCISCO MUNICIPAL ENGINEERING SERVICES FOR FISCAL YEARS 2022-23, 23-34, AND 24-25 SECTION C  PROJECT TEAM/STAFFING David Mahama, PE Project Manager Terry Klim, TE Principal-in-Charge Meron Shiferaw, PE, PTOE Project Engineer Alex Zhu, PhD, PE, PTOE Project Engineer Gurbir Antaal, PEng Project Engineer Erin Vaca, TE, AICP Project Engineer Admas Zewdie, PE (AE) Staff Augmentation Support Carlos Melendez, PE (UE) Project Management Support *AE - ActiveWayz Engineering *UE - UNICO Engineering DKS Associates (DKS) will be the prime consultant to provide municipal engineering services including program management for capital improvement program (CIP) and traffic projects. We have included Unico Engineering to add staff resource capacity and support the Project Management tasks. We also have ActiveWayz Engineering onto the DKS team to assist with the staff augmentation tasks. The Municipal Engineering Services contract will be managed by David Mahama as the Contract Manager, and Terry Klim as the Principal-in-Charge. As illustrated in our organizational chart, David and Terry will be supported by a well-qualified team of civil and traffic engineering professionals. As Contract Manager/Project Manager, David’s responsibility will be to meet with City of South San Francisco staff to discuss upcoming needs and where assistance can be provided. Terry’s primary responsibility is to ensure that DKS delivers services to the highest quality. Carlos Melendez will provide support for the Program Management for the Capital Improvement Program (CIP). Admas Zewdie will support staff augmentation services. Other staff listed will be available to support David, Carlos, Meron, and Admas in delivering cost effective and timely municipal services. All our proposed staff are registered traffic/civil engineers with ability to sign and stamp design plans. Below are brief summaries of the skills and history of key staff members that will be providing the staff augmentation services. Hossein Naghibzadeh (UE) Project Management Support Stuart Hodgkins, PE (UE) Project Management Support 290 CITY OF SOUTH SAN FRANCISCO Request for Proposals/QualificationsMunicipal Engineering Services for Fiscal Years 2022-23, 23-24, and 24-25 C. Project Team / Staffing | 4 C. Project Team / Staffing We built this team based on their individual expertise with ADA curb ramps, pavement rehabilitation, street striping, public outreach and communication, and coordination and collaboration with outside agencies. Together, this team has the breadth and depth of expertise and personnel to seamlessly handle any challenges on this assignment. Moreover, this team includes former Caltrans employees and individuals that thoroughly understand the Local Assistance Procedures and Local Assistance Program Guidelines Manuals (LAPM). We have included brief resumes for all team members to include office location and their role on the project. PRINCIPAL IN CHARGERany Chek, PE, QSD PROJECT / CONTRACT MANAGER Christopher McCarty PROJECT MANAGERCIVIL Maurice El-Hage, PE PROJECT MANAGER WATER / WASTEWATER Ed Durazo, CPM RESIDENT ENGINEER Mohamed Taleb, PE, PMI ENVIRONMENTALAhmad El-Aassar WATER / WASTEWATERJennifer Saldivar SCHEDULINGJim Gallego, PE PROJECT ENGINEERS Shu-Jon Mao, PE Mary Lou Masko Kellen MacPhee, PE Cecilia Zamora, PE Kitt Tongthaworn, PE, SE CONSTRUCTION INSPECTORS Brian Barcelona Mohammad Alazzah, PE Bill Fernandez William Saumier Kevin Vasquez OFFICE ENGINEERMario Figueroa SUPPORT STAFF Our technical expertise, combined with the personal attention that Gannett provides for each project, results in unparalleled service, reduced costs, and expedited project delivery. To successfully support the City’s engineering needs, we are proposing a project team consisting of professionals who have successfully worked together on dozens of previous projects. This team includes all of the technical knowledge and project management skills required to respond quickly and successfully deliver task orders on an on-call basis. Following the organizational chart are brief profiles of key project team members that summarize their background, experience, and credentials. 291 City of South San Francisco | RFP/Q – Municipal Engineering Services FY 22-25 BRIEF HISTORY OF FIRM Our Firm Gray-Bowen-Scott is a transportation consulting and strategic project planning firm that provides project management services to a variety of public and private clients. We are known for our ability to develop technically feasible and politically acceptable project delivery strategies. We are leaders who work collaboratively with stakeholders to deliver projects that have win-win-win outcomes. Established in 1984 as William R. Gray and Company, Gray-Bowen-Scott is a California Corporation and certified microbusiness. Our single office is located in Walnut Creek, California, and is home base to our 21 staff members. Gray-Bowen-Scott specializes in serving public and private clients while working in close association with civil, traffic, and environmental firms, as well as agencies such as the California Department of Transportation (Caltrans), the California Transportation Commission (CTC), and the Federal Highway Administration (FHWA). The breadth of our projects span from Agency Administration for Transportation Management Associations, high profile highway, freeway and HOV/HOT lanes, and intermodal transit stations including rail to bicycle/pedestrian trails. One of Gray-Bowen-Scott’s strengths is strong relationships based on solid trust, respect, and an insider's insight of the process with Caltrans, the California Transportation Commission (CTC), Federal Highways Administration, and Federal Transit Administration. Throughout our 35+ year history, Gray-Bowen-Scott has delivered “outside of the box” transportation solutions for our clients ranging from grants to permits and projects to programs. We have done this by hiring highly competent and respected leaders with demonstrated abilities to identify and implement creative, effective solutions to the challenges that arise in the delivery of projects. As a team of 21, we are currently providing leadership to our clients in a wide range of ways, as project managers, as funding strategists, as Local Assistance and Federal Aid administrators, and as transit managers. We are successful because we work to secure a result that our clients desire to reach – delivered projects and programs. Our Contact Information William R. Gray and Company, Inc., DBA Gray-Bowen-Scott 1211 Newell Avenue, Suite 200 Walnut Creek, CA 94596 Phone (925) 937-0980 www.graybowenscott.com 1 292 MARGARET STRUBEL EBUILDER LEAD ERICKA LEIVA GRANT SUPPORT LEO SCOTT PRINCIPAL IN CHARGE MATTHEW TODD PROJECT / CONTRACT MANAGER CITY OF SOUTH SAN FRANCISCO BRIAN STEWART SENIOR PROJECT MANAGER ORGA NIZATIONAL CHAR T SHEENA PATEL, KEY STAFF PROJECT MANAGEMENT LEAD PROGRAM MANAGER ARON ZEREZGHI PROJECT MANAGER CHRIS DOERKSEN PROJECT MANAGER CHRIS DOERKSEN PROJECT MANAGER ERIN HELTNE, KEY STAFF PROJECT CONTROLS LEAD MARGARET STRUBEL, KEY STAFF EBUILDER LEAD DEBBY CHERNILA EBUILDER SUPPORT MATTHEW TODD, KEY STAFF STRATEGIC SERVICES LEAD GRANTS, FUNDING & PERMITS MARGARET STRUBEL, KEY STAFF GRANT SUPPORT KEITH ROBINSON GRANT SUPPORT NORMA ORTEGA INDUSTRY ADVISOR TERRY BOWEN INDUSTRY ADVISOR CARL HAACK INDUSTRY ADVISOR 2 293 CITY OF SOUTH SAN FRANCISCO ▬ MUNICIPAL ENGINEERING SERVICES ▬ FISCAL YEARS 2022-23, 23-24, AND 24-25 ▬ PAGE 1 B. BRIEF HISTORY OF THE FIRM B. BRIEF HISTORY OF THE FIRM The City will benefit from the local design experience that Michael Baker brings to this contract. With no learning curve, the Michael Baker Team can hit the ground running. With 82 years in business and more than 3,000 employees, Michael Baker International, Inc. (Michael Baker) is a leading engineering consultant with nearly 20 years of serving communities in the Bay Area. We provide a wide range of services related to development review, writing staff reports, Resolutions and Conditions or Approval, and working with developers to design projects consistent with the City’s goals and objectives as well as on-site staff augmentation services. This allows us to identify complex issues that go beyond the established standards to provide time and cost-saving recommendations. Michael Baker is an Industry Leader. Michael Baker is recognized in the professions of highway and roadway design, traffic studies, flood control engineering, water quality, survey/mapping, water resources, environmental engineering, and regulatory permit services throughout the State. Michael Baker is supporting public agencies (including San Mateo County, Caltrans, the counties of Contra Costa, Alameda, and Santa Clara, to name a few) in the areas of staff augmentation, Roadway Design, Flood Control, Survey/Mapping, Water Resources, Environmental Engineering, and Watershed Management. Michael Baker possesses the full range of disciplines necessary to provide staff augmentation for a wide range of public works projects. Over 85% of Michael Baker’s work is for repeat clients, which is testimony to the firm’s client service capabilities. LEADERS IN DESIGN AND ENGINEERING UNRIVALED EXPERIENCE 5 fully staffed offices located within 30 miles of the City 75+ Caltrans Design Reports Prepared 3,000 professional staff in 100+ offices Full-service multi- disciplined firm 75+ years on call contracts in California 505 14th Street, Suite 900 Oakland, CA 94612 T: 510-879-0950 F: 510-879-0969 11 294 CITY OF SOUTH SAN FRANCISCO ▬ MUNICIPAL ENGINEERING SERVICES ▬ FISCAL YEARS 2022-23, 23-24, AND 24-25 ▬ PAGE 2 C. PROJECT TEAM / STAFFING C. PROJECT TEAM / STAFFING The City will receive reliable, efficient solutions by selecting the Michael Baker team. Michael Baker is a full-service engineering firm with experience that spans the project life cycle, giving us the ability to quickly deploy resources to accelerate the schedule. With the addition of subconsultants brought on for their expertise in specific subject areas, we will have a full team of experienced staff to address all required disciplines. Michael Baker offers an engineering and planning team with unmatched experience on municipal projects. Our team can also access additional support from our qualified national staff. This experience and depth provides City staff with the assurance that our team understands your needs and will see your projects through to successful completion. We have assembled a team that has the perfect mix of experience to provide this project with the necessary oversight. The mix of individuals is directly related to our approach. Mr. Porter is a results-oriented leader with a background in large agency infrastructure management and federal and state policy development. He brings more than 35 years of engineering experience working on both sides of the counter to the City in his role as project manager. Most recently, Mr. Porter served as the Director of Public Works for the county of San Mateo. He oversaw a staff of more than 300 and performed a wide array of design, construction, construction administration, operations and maintenance services involving the county's transportation systems, buildings, general aviation airports, flood control and stormwater management, sewer collection, water distribution, lighting districts, parks, solid waste and recycling program management, energy conservation programs and environmental stewardship. With this understanding, along with his deep and long standing excellent relationships, Mr. Porter will have hands-on involvement throughout this assignment to assist the City by collaborating with all stakeholders involved. Comparable Experience: ▬Public Works Director. San Mateo County. ▬Public Works Director. City of Los Altos. ▬EOC Planning Chief. San Mateo County. ▬Senior Civil Engineer. Daly City. Jim Porter, PE, TE PROJECT MANAGER LENGTH OF TIME WITH FIRM: <1 YEAR Subconsultants: Advance Mobility Group (AMG): 2999 Oak Road, Suite 420 Walnut Creek, CA 94597 Apex Strategies (Apex): 510 41st Ave., Santa Cruz, CA 95062 BSK Associates (BSK): 399 Lindbergh Avenue, Livermore, CA 94551 Ghirardelli Associates (Ghirardelli): 2990 Lava Ridge Ct. Ste 120, Roseville, CA 95661 Towill, Inc. (Towill): 505 14th Street Suite 1400, Oakland, CA 94612 Engineering & Planning Nabaz Saieed Environmental Richard Beck, CEP, PWS, CPESC, CERP Landscape Cathy Johnson, PLA Grant Writing & Funding Derek Wong, AICP Hydrology/Drainage Karin Peternel, CFM, QSD, QSP, CPSWQ Public Outreach Eileen Goodwin (Apex) Geotechnical Cristiano Melo, PE, GE (BSK) Survey Frank Borges, PLS (Towill) Construction Inspections Jaime Heredia, PE (Ghirardelli) Traffic Joy Bhattacharya, PE, PTOE (Advance Mobility Group) SUPPLEMENTAL SUPPORT PERSONAL (AS NEEDED) 1) ORGANIZATION CHART PROJECT MANAGER Jim Porter, PE #48056, TE #1844 Availability: 60% 2) KEY PERSONNEL & QUALIFICATIONS 295 Swinerton | Brief History of Firm 02 BRIEF HISTORY OF FIRM STABILITY AND FINANCIAL STRENGTH Throughout Swinerton’s history, we are proud to say that Swinerton has remained strong and steadfast. Thanks to the Company’s robust financial health and our breadth of work within multiple market sectors, we are achieving remarkable success in the industry across a wide range of markets. We can serve projects of all sizes and complexities with no project too small or too big. Swinerton today is one of America’s most stable Construction Service companies. The Swinerton Family of Companies revenues were over $4 Billion in 2020. DEPTH OF ORGANIZATION - EMPLOYEE RESOURCES Swinerton currently employs over 4,200 employees, with offices in 20 major cities nation wide. As owners of the company, Swinerton’s employees have a vested interest in outstanding performance. Their personal sense of ownership generates extra effort, dedication, and a collaborative team attitude that delivers significant value to clients — going well beyond just dollars and cents. All resources of the Swinerton Group are available to support the project team in any and all disciplines. IN-HOUSE RESOURCES All resources of the Swinerton family are available to support our project teams in any and all disciplines, including: Estimating, LEED | Sustainability, Solar Solutions, HazMat, Constructability Reviews, Risk Management, Safety | Environmental, BIM | VD&C, Community Outreach and MEP Coordination. TRUSTED PARTNER Since our inception in 1888, we remain a forward-thinking company operating on accountability and integrity. The Swinerton Family of Companies, established in 1888, has remained a forward-thinking company operating on accountability and Integrity. Throughout the years, the Company has established its identity and reputation for high quality construction and professional services,, integrity, customer satisfaction, financial stability and project team excellence. The family spirit and values of the Swinerton Companies has been the keystone of our successful 133-year history. These values are still apparent, having provided a consistent theme to successive generations of management, and are deeply embedded in the culture of the Company today. Clients benefit from the continuity of knowledge and experience represented by the many employees who have lengthy tenure with the company. Our coast-to-coast geographic reach and diversity of talent further solidifies the value we deliver to our clients. DELIVERING PROFESSIONAL SERVICES IS NOT JUST WHAT WE DO; IT’S WHO WE ARE As construction projects became increasingly more complex and expensive, clients found it imperative to ensure their projects were better planned, designed and executed. Swinerton, Inc. responded to these needs in 1994 by consolidating all Program and Construction Management and Consulting services into one Division. This Division has evolved into Swinerton Management & Consulting (Swinerton). As a 100% employee-owned company, pride of ownership drives us to deliver innovative solutions that go beyond the expected. Our seamless integration into the greater project team maintains transparency, communication, and quality. Every day we earn our stripes because we thrive on making things better than before for every client and opportunity. Clients and project partners gain peace of mind through our collaborative collection of ideas, solutions and problem- solving efforts with all team members contributing their collective knowledge and understanding to every project. Our open and intentional communication, intensive planning and diligent execution drive our teams to excellence. 134 YEARS IN BUSINESS PEACE OF MIND 100% EMPLOYEE OWNED 4,200+ EXPERTS 20 OFFICES NATIONWIDE 296 LISETTE MORALES, EIT, LEED APOSCAR ZHAO, PEHANY GAD, LEED AP PROJECT MANAGER | ASSISTANT PROJECT MANAGERS 23 ADDITIONAL RESOURCESWINERTON RESOURCES OTHER STAKEHOLDERS City StaffUtilitiesOther AgenciesBusiness CommunityCity CouncilGenentech PROJECT ADVISORY COMMITTEE Best Practices Collaboration Operations Reviews Audits Lessons Learned SUPPORT SPECIALISTS RAMTIN MALEK SWINERTON SENIOR SCHEDULER RICH HOWELL SWINERTON REGIONAL SAFETY MANAGER PROJECT “CORE” ORGANIZATION CHART Estimating Scheduling Document Control MEP Constructability Review Value Engineering Quality Control Commissioning Information Systems / Website Intern Program Financial Green / Sustainability Project Labor Agreement Community Relations Building Information Insurance Accounting Risk Management Safety, Environmental SWINERTON - PROJECT TEAM | STAFFING PETER VORAMETSANTI, PE, CCM PROJECT EXECUTIVE JORGE BERMUDEZWING WONG, PE SENIOR PROJECT MANAGERS JEFF GEE, AIA PRINCIPAL-IN-CHARGE MUNICIPAL ENGINEERING SERVICES FISCAL YEARS 2022 -2023 | 2023 - 2024 | 2024 - 2025 297 1 PROPOSAL/QUALIFICATIONS FOR MUNICIPAL ENGINEERING SERVICES FY 2022-23, 23-24, AND 24-25 PROJECT MANAGEMENT AND STAFF AUGMENTATION B. Brief History of Firm The world is advancing. We are advancing how it gets planned and engineered. Founded in 1969, TRC is a global consulting, engineering, and construction management firm that provides technology-enabled solutions to the infrastructure, energy, and environmental markets. Firm Name and Local Office TRC Engineers, Inc. (TRC) 1850 Gateway Blvd., Suite 1000 Concord, CA 94520 510.431.8383 Point of Contact Raphael Garcia, PLA, PMP Program Manager/Contract Manager M (415) 450-5700 RGarcia@trccompanies.com TRC – Your Value-Added Consultant A pioneer in groundbreaking scientific and engineering developments since the 1960s, TRC is a C-corporation global consulting, engineering, and construction management firm that provides technology-enabled solutions to the power, oil and gas, environmental, and infrastructure markets. TRC serves a broad range of public and private clients, steering complex projects from concept to completion to help solve the toughest challenges. TRC is ranked #19 on ENR’s list of Top 500 Design Firms in the United States. TRC has been providing program/project management services for 53 years. Our professional staff consists of experienced project managers, schedulers, project analysis, risk specialists, and construction managers who have been responsible for some of the largest roadway and bridge construction projects in California. We bring the right resources to provide the services and qualified staff to meet the City’s needs and offer value- added services to be a true partner to the City. We specialize in the provision of program/project management services for transportation and other infrastructure-related projects. Our services include: • Agency coordination, processing, and approvals – working in partnership with transportation agencies, to meet requirements for obligated federal funds programmed to projects • Project management – proactively manage the scope, budget and schedule to meet or exceed the goals of the CIP • Project schedules and controls – including analysis of plan vs. actual, earned value analysis, top-down estimating validation, historic trends, formal change control reviews and approval, and risk management – qualitative and quantitative analysis • Retention of project consultants • Detailed funding plans – cost estimates for project development and capital costs, strategies to optimize use of fund sources • Right-of-way certification for review and acceptance by Caltrans • DBE reporting • QA/QC – documented procedures, templates, independent reviews, and lessons learned. Caltrans Preferred Provider TRC has a proven track record of providing superior project management services, including statewide programs, for Caltrans Headquarters and Districts 2, 4, 6, 8, 10, 11, 12, and 44. Expertise with Federally Funded Projects TRC has delivered multiple projects constructed through federal (fully and partially). We understand the ins and outs of tracking work and separating information needed for auditing, pay estimates, and materials testing. Our policies and procedures meet the requirements of multiple federal agencies; thus, our projects are always in compliance and funding is never jeopardized. TRC is aware there are different protocols for managing and reporting disbursements and expenditures of these sources. We have been routinely involved in managing projects for both state and local agencies with multiple funding sources and have developed systems that not only manage these multiple funding sources but do so in full compliance with the Federal Acquisition Regulations (FAR) and Caltrans Local Assistance guidelines. Our systems are capable of segregating and tracking the funds all the way down to the item level. TRC administrative and managerial staffs are familiar with the AASHTO Uniform Audit & Accounting Guide as well as Caltrans Local Assistance Procedures Manual (LAPM). Ability to Meet Your Three-Year CIP and On-Call Expertise The TRC team is able to meet all of the identified projects in your CIP. Whether it’s new construction or renovating an existing facility, TRC’s construction management, quality control experts and engineers can make sure that the work taking place is proceeding according to specification and design – and that you are getting what you pay for from contractors. Our staff have work as general contractors and provide a unique perspective on CIP work. In addition, local staff provide civil and bridge design, power sector design, and environmental services. 298 2 PROPOSAL/QUALIFICATIONS FOR MUNICIPAL ENGINEERING SERVICES FY 2022-23, 23-24, AND 24-25 PROJECT MANAGEMENT AND STAFF AUGMENTATION C. Project Team/Staffing Organizational Chart The TRC team has worked in on-call and staff augmentation capacities in the past and understands the challenges involved. We have therefore provided the City with a proposed organizational structure that is strong in construction management, inspection, and engineering to respond to a wide variety of task orders delivering municipal engineering services for various programs and projects meeting stringent contract requirements and tight timetables. We are well known for our ability to foresee obstacles, work collaboratively, and provide creative solutions, learned from our previous work experience. This directly translates into cost-effective solutions and minimized risk. The following organization chart outlines the structure of our proposed team, and their roles and respective responsibilities. Our key team members are denoted by and will be committed for the entire project. TRC will not substitute team members without City approval. CONSTRUCTION INSPECTORS Tracy Steverson Andrew Nowshadi Eric English Michael Dickson City of South San Francisco Omar Khatib Angela Smith, EIT Michelle Barnett Safiuddin Adil Mohammed, PE, LEED AP ASSISTANT PROJECT MANAGERS/ ASSISTANT RESIDENT ENGINEERS Chad Stone Thieu Nguyen DOCUMENT CONTROL/ OFFICE ENGINEERS Dagher Dagher, PE, PSP, PMP SCHEDULER Bonaventure Ezeji, PE, MSCM, QSD Kirk Brandt, PMP Gareth Gill, PE, QSD/P Lou Melendez, PE, PMP PROJECT MANAGERS/ RESIDENT ENGINEERS Michael Couacaud, PE PRINCIPAL-IN-CHARGE Raphael Garcia, PLA, PMP PROGRAM MANAGER/ CONTRACT MANAGER 299 Teaming with Your Community to Make a Difference | www.WC-3.com 2 Certification HighlightsFirm Overview West Coast Code Consultants, Inc. (WC3) is a code consulting firm, specializing in comprehensive plan review, inspection and staff augmentation services for municipalities, jurisdictions and government entities. Founded by Giyan Senaratne in 2006, WC3 has experienced steady growth over the past 16 years and evolved from a small central team in California to an industry leader throughout the western United States. WC3 serves clients with 11 office locations in six states and over 135 employees. Our Oakland office location will primarily service this City of South San Francisco contract. WC3 Office Submitting the Proposal Maurice Kaufman, PE, LS Civil Division Manager / Sr. Project Manager Oakland Regional Office 1144 65TH Street Oakland, CA 94608 P: (925) 275-1700 | C: (925) 548-2648 MauriceK@WC-3.com COMMUNICATION Good communication is a top priority in providing good service. WC3 staff members assigned to City of South San Francisco projects will be responsive and easy to contact by email or phone. Our qualified team performs a variety of timely plan reviews, including: Residential Developments Commercial Occupancies Tenant Improvements Institutional Facilities Essential Service Buildings Medical Labs & Facilities Public Works & More WC3 has been providing plan review services and more for over a decade. Each team member working on City of South San Francisco projects has obtained all requisite certifications and licensing. Founded Staff Entity 2006 135+ California S-Corp Corporate Office 5000 Executive Parkway, Suite 510 San Ramon, CA 94583 P: (925) 275-1700 | F: (925) 275-0600 Regional | Satellite Offices Oakland, CA; South San Francisco, CA; Irvine, CA; Fairfield, CA; Lynnwood, WA; Layton, UT; Sandy, UT; Henderson, NV; Sparks, NV; Meridian, ID; Frederick, MD Recognition & Accomplishments • ICC Preferred Education Provider (#1129) • AIA Education Provider (#-38839994) • 2021 ICC Plumbing Code Essentials • 2021, 2019 & 2015 ICC Chapter Education Awards • 2019 ICC Chapter Permit Tech of the Year • 2021 & 2018 IBC Handbook Co-Author • 2021 Plumbing Code Essentials Handbook Author • 2018 IEBC Handbook Author • 2018 IRC Plan Review Course Developer • 2018 IBC Structural/Non-Structural Plan Review Course Developer • 2014 & 2010 ICC Industry Awards for Excellence ON-TIME PLAN REVIEW QUALIFIED B. Brief History of Firm 300 Teaming with Your Community to Make a Difference | www.WC-3.com 5 C. Project Team / Staffing (Continued) WEST COAST CODE CONSULTANTS, INC. (WC3)Giyan Senaratne, PE, SE, LEED APPrincipal / CEO PROJECT MANAGEMENT Civil Division Manager / Client Manager Maurice Kaufman, PE, LS Organization Chart Maurice Kaufman, PE, LS Senior Project Manager Ray Towne, PE Senior Project Manager James Chu, PE, QSD Project Manager Tam Thanh Nguyen, PE, TE Project Manager Andrea Arrojado Assistant Engineer Giyan Senaratne, PE, SE, LEED AP Principal-in-Charge / CEO • Registered PE: CA 46194 • Registered SE: 4457 • LEED AP Credential • Former Certified Access Specialist Maurice Kaufman, PE, LS Senior Project Manager • Registered PE: CA 43680 • Registered LS: CA 7256 • MS Structural Engineering • 33+ Years Industry Experience Ray Towne, PE Senior Project Manager • Registered PE: CA 28431 • 40+ Years Industry Experience • Expertise Serving Bay Area Jurisdictions James Chu, PE, QSD Project Manager • Registered PE: CA 43641 • 37+ Years Industry Experience • Registered CA Qualified SWPPP Developer Tam Thanh Nguyen, PE, TE Project Manager • Registered PE: CA 69679 • Registered TE: CA 2396 • 25+ Years Industry Experience Andrea Arrojado Assistant Engineer • BS in Civil Engineering University of California, Davis • 2+ Years Industry Experience Qualifications & Experience 301 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-443 Agenda Date:6/8/2022 Version:1 Item #:13a. Resolution approving on-call consulting services agreements with CSG Consultants,Inc.,DKS Associates, Gannet Fleming,Inc.,Gray-Bowen-Scott,Michael Baker International,Inc.,Swinerton Management & Consulting,TRC Engineers,Inc,and West Coast Code Consultants,Inc.for on-call municipal engineering services for the City of South San Francisco’s Capital Improvement Program in an amount not to exceed $4,500,000 for each firm,for a total contract authority amount of $36,000,000 for a three year term,and authorizing the City Manager to execute the agreements on behalf of the City. WHEREAS,the City of South San Francisco (“City”)Public Works Department is responsible for developing, implementing and delivering the Capital Improvement Program (CIP)on a timely basis and within the approved budgets; and WHEREAS,the CIP projects vary in scope and breadth from street improvements,parks,playgrounds,bicycle and pedestrian improvements,utilities,Water Quality Control Plant improvements and various City-owned building/facility improvements; and WHEREAS,the CIP fiscal year (FY)2022-23 CIP is one of the largest and most diverse CIPs in City’s history with one hundred and thirty (130) projects and a total value of $301 million; and WHEREAS,these CIP projects have competing priorities and require an extensive amount of engineering and management resources over and above the existing staffing; and WHEREAS,in order to deliver a majority of the CIP projects in this FY,staff sought proposals from firms to provide a well-qualified,multi-disciplinary,and success-oriented team to deliver comprehensive program management services to support the City’s CIP; and WHEREAS,the municipal engineering services agreements will help facilitate the City of South San Francisco’s 2022-23 Capital Improvement Program and engineering private development permit reviews and inspection; and City of South San Francisco Printed on 6/9/2022Page 1 of 3 powered by Legistar™302 File #:22-443 Agenda Date:6/8/2022 Version:1 Item #:13a. WHEREAS,on April 13,2022,city staff issued a Request for Proposals (RFP)for the selection of firms to undertake the municipal engineering services; and WHEREAS,on April 29,2022,staff received proposals from eight (8)firms:CSG Consultants,Inc.(CSG), DKS Associates (DKS),Gannett Fleming,Inc.(GF),Gray-Bowen-Scott (GBS),Michael Baker International, Inc.(MBI),Swinerton Management &Consulting (SMC),TRC Engineers,Inc.(TRC),and West Coast Code Consultants, Inc. (WC3); and WHEREAS,selection of consulting services is not based on the lowest bidder,but on the firm’s expertise, experience and references; and WHEREAS,a review panel was created consisted of members from Public Works:Matt Ruble,Principal Engineer; Jason Hallare, Senior Civil Engineer, and Bianca Liu, Senior Civil Engineer; and WHEREAS,after reviewing proposals of said eight (8)firms -CSG,DKS,GF,GBS,MBI,SMC,TRC,and WC3 -all eight (8)were selected based on their experience,resources,familiarity of South San Francisco and positive references; and WHEREAS,all eight (8)consultant teams have dedicated the resources to perform multi-disciplinary engineering design and construction services throughout design and construction period,as well as inspection services during construction in order to deliver all projects on the list in a timely manner; and WHEREAS,the consultants will work on an on-call basis as defined by the City on a project-by-project basis and all work performed under the agreements will be pursuant to individual work orders that will have a specifically defined scope and schedule that will be negoticated on a project-by-project basis; and WHERAS,the individual agreements will acknowledge that the individual work orders will dictate the work done under each agreement, up to the not to exceed amount; and WHEREAS,these costs would be charged against the various projects through their sources of funding and there is no City obligation to expend any funds under these agreements. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of South San Francisco,that the City Council hereby approves the form consulting services agreement,attached herewith as Exhibit A,for municipal engineering services for the City of South San Francisco’s Capital Improvement Program in an amount not to exceed $4,500,000 per firm for three year terms beginning July 1,2022,for a total amount of $36,000,000, conditioned on CSG Consultants,Inc.,DKS Associates,Gannett Fleming,Inc.,Gray-Bowen-Scott,Michael Baker International,Inc.,Swinerton Management &Consulting,TRC Engineers,Inc.,and West Coast Code Consultants,Inc.timely execution of the consultant services agreement and submission of all required documents,including but not limited to,certificates of insurance and endorsements,in accordance with the City of South San Francisco Printed on 6/9/2022Page 2 of 3 powered by Legistar™303 File #:22-443 Agenda Date:6/8/2022 Version:1 Item #:13a. agreement documents. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the agreements and any other related documents on behalf of the City upon timely submission by CSG Consultants,Inc.,DKS Associates,Gannett Fleming,Inc.,Gray-Bowen-Scott,Michael Baker International,Inc.,Swinerton Management &Consulting,TRC Engineers,Inc.,and West Coast Code Consultants,Inc.signed contracts and all other documents, subject to approval by the City Attorney. ***** City of South San Francisco Printed on 6/9/2022Page 3 of 3 powered by Legistar™304 Consulting Services Agreement between [Rev:2.13.2014] **EFF DATE**, 2022 City of South San Francisco and **FIRM** Page 1 of 16 ON CALL CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND **FIRM** THIS AGREEMENT for on-call consulting services is made by and between the City of South San Francisco (“City”) and ________________ (“Consultant”) (together sometimes referred to as the “Parties”) as of **EFF DATE**, 2022 (the “Effective Date”). Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide consulting services on an on-call basis to City as described in the Scope of Work attached hereto and incorporated herein as Exhibit A, at the time and place and in the manner specified by the respective executed Task Orders, a sample of is attached hereto and incorporated herein as Exhibit B. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, and/or and any executed Task Orders, the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on ___________, 2025, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as provided for in Section 8. 1.2 Task Order. Prior to execution of a Task Order, the City shall request a Task Order Scope Proposal from the Consultant. Consultant shall provide the City with a Task Order Scope Proposal, and if satisfactory, the City and Consultant shall execute a Task Order. Upon an executed Task Order, Consultant shall perform the services listed in the Task Order and in a manner consistent with this Agreement. 1.3 Standard of Performance. Consultant shall perform all work required by this Agreement in a substantial, first-class manner and shall conform to the standards of quality normally observed by a person practicing in Consultant's profession. 1.4 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1.5 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.3 above and to satisfy Consultant’s obligations hereunder. 1.6 Public Works Requirements. Because the services described in Exhibit A may include “work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work,” the services may constitute a public works within the definition of Section 1720(a)(1) of the California Labor Code. As a result, EXHIBIT A - DRAFT AGREEMENT DRA F T 305 Consulting Services Agreement between [Rev:2.13.2014] **EFF DATE**, 2022 City of South San Francisco and **FIRM** Page 2 of 16 Consultant is required to comply with the provisions set forth in Exhibit E, which is attached hereto and incorporated herein. Section 2. COMPENSATION. This On-call Services Agreement does not guarantee any amount of work for the Consultant. Task Orders will be developed and executed as needed and provided for in this Agreement. The Consultant shall be paid by the City only for completed services rendered under each approved individual Task Order. Such payment shall be full compensation for payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment and incidentals necessary to complete the work stated in the Task Order. Notwithstanding the foregoing, Consultant shall not receive total compensation under this Agreement in an amount over **CITY COUNCIL AUTHORIZED LIMIT AMOUNT** Dollars ($____________). In the event of a conflict between this Agreement and Consultant’s proposal, regarding the amount of compensation, the Agreement shall prevail. The payments for completed work under an executed Task Order shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Consultant shall not bill City for duplicate services performed by more than one person. Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the Parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 2.1 Invoices. Consultant shall submit invoices, not more often than once per month during the term of this Agreement, based on the cost for all services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain all the following information:  Serial identifications of progress bills (i.e., Progress Bill No. 1 for the first invoice, etc.);  The beginning and ending dates of the billing period;  A task summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;  At City’s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense;  The total number of hours of work performed under the Agreement by each employee, agent, and subcontractor of Consultant performing services hereunder;  Consultant shall give separate notice to the City when the total number of hours worked by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds eight hundred (800) hours within a twelve (12)- month period under this Agreement and any other agreement between Consultant and City. Such notice shall include an estimate of the time necessary to complete DRA F T 306 Consulting Services Agreement between [Rev:2.13.2014] **EFF DATE**, 2022 City of South San Francisco and **FIRM** Page 3 of 16 work described in Exhibit A and the estimate of time necessary to complete work under any other agreement between Consultant and City, if applicable.  The amount and purpose of actual expenditures for which reimbursement is sought;  The Consultant’s signature. 2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant. Each invoice shall include all expenses and actives performed during the invoice period for which Consultant expects to receive payment. 2.3 Final Payment. City shall pay the five percent (5%) of the total sum due pursuant to this Agreement within sixty (60) days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed. 2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment. 2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the compensation schedule attached hereto and incorporated herein as Exhibit C. 2.6 Reimbursable Expenses. Reimbursable expenses, as specified in Exhibit D, attached hereto and incorporated herein, shall not exceed Five Thousand Dollars ($5,000). Expenses not listed below are not chargeable to City. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded. 2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor represents and warrants that Contractor is a resident of the State of California in accordance with California Revenue & Taxation Code Section 18662, as it may be amended, and is exempt from withholding. Contractor accepts sole responsible for verifying the residency status of any subcontractors and withhold taxes from non-California subcontractors. 2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as DRA F T 307 Consulting Services Agreement between [Rev:2.13.2014] **EFF DATE**, 2022 City of South San Francisco and **FIRM** Page 4 of 16 of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets to verify costs incurred to that date. 2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. 2.10 False Claims Act. Presenting a false or fraudulent claim for payment, including a change order, is a violation of the California False Claims Act and may result in treble damages and a fine of five thousand ($5,000) to ten thousand dollars ($10,000) per violation. Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities. Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work to the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s). Consultant shall maintain all required insurance listed herein for the duration of this Agreement. 4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than $1,000,000 per accident. In the alternative, Consultant may rely on a self- insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator, as defined in Section 10.9. The insurer, if insurance DRA F T 308 Consulting Services Agreement between [Rev:2.13.2014] **EFF DATE**, 2022 City of South San Francisco and **FIRM** Page 5 of 16 is provided, or the Consultant, if a program of self-insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement. 4.2 Commercial General and Automobile Liability Insurance. 4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than One Million Dollars ($1,000,000) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles. 4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 or GL 0002 (most recent editions) covering comprehensive General Liability Insurance and Services Office form number GL 0404 covering Broad Form Comprehensive General Liability on an “occurrence” basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (most recent edition). No endorsement shall be attached limiting the coverage. 4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy: a. The Insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. b. Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers. 4.3 Professional Liability Insurance. 4.3.1 General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than One Million Dollars $1,000,000 covering the licensed professionals’ errors and omissions. Any deductible or self-insured retention shall not exceed one hundred fifty thousand dollars ($150,000) per claim. DRA F T 309 Consulting Services Agreement between [Rev:2.13.2014] **EFF DATE**, 2022 City of South San Francisco and **FIRM** Page 6 of 16 4.3.2 Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form: a. The retroactive date of the policy must be shown and must be before the date of the Agreement. b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement or the work, so long as commercially available at reasonable rates. c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant shall purchase an extended period coverage for a minimum of five (5) years after completion of work under this Agreement or the work. The City shall have the right to exercise, at the Consultant’s sole cost and expense, any extended reporting provisions of the policy, if the Consultant cancels or does not renew the coverage. d. A copy of the claim reporting requirements must be submitted to the City for review prior to the commencement of any work under this Agreement. 4.3.3 Additional Requirements. A certified endorsement to include contractual liability shall be included in the policy 4.4 All Policies Requirements. 4.4.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A: VII. 4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Consultant shall furnish City with complete copies of all policies delivered to Consultant by the insurer, including complete copies of all endorsements attached to those policies. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Consultant beginning work, this shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time. 4.4.3 Notice of Reduction in or Cancellation of Coverage. A certified endorsement shall be attached to all insurance obtained pursuant to this Agreement stating that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. In the event that any DRA F T 310 Consulting Services Agreement between [Rev:2.13.2014] **EFF DATE**, 2022 City of South San Francisco and **FIRM** Page 7 of 16 coverage required by this section is reduced, limited, cancelled, or materially affected in any other manner, Consultant shall provide written notice to City at Consultant’s earliest possible opportunity and in no case later than ten (10) working days after Consultant is notified of the change in coverage. 4.4.4 Additional insured; primary insurance. City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Consultant, including the City’s general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by the Consultant in the course of providing services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers. A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that no insurance or self-insurance maintained by the City shall be called upon to contribute to a loss under the coverage. 4.4.5 Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. Further, if the Consultant’s insurance policy includes a self-insured retention that must be paid by a named insured as a precondition of the insurer’s liability, or which has the effect of providing that payments of the self-insured retention by others, including additional insureds or insurers do not serve to satisfy the self-insured retention, such provisions must be modified by special endorsement so as to not apply to the additional insured coverage required by this agreement so as to not prevent any of the parties to this agreement from satisfying or paying the self-insured retention required to be paid as a precondition to the insurer’s liability. Additionally, the certificates of insurance must note whether the policy does or does not include any self-insured retention and also must disclose the deductible. During the period covered by this Agreement, only upon the prior express written authorization of Contract Administrator, Consultant may increase such deductibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Consultant procure a bond, guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them. 4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each DRA F T 311 Consulting Services Agreement between [Rev:2.13.2014] **EFF DATE**, 2022 City of South San Francisco and **FIRM** Page 8 of 16 subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 4.4.7 Wasting Policy. No insurance policy required by Section 4 shall include a “wasting” policy limit. 4.4.8 Variation. The City may approve a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that the City’s interests are otherwise fully protected. 4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; b. Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or c. Terminate this Agreement. Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES. Consultant shall, to the fullest extent allowed by law, with respect to all Services performed in connection with this Agreement, indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance (“Claims”), to the extent caused, directly or indirectly, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the gross negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. 5.1 Insurance Not in Place of Indemnity. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, DRA F T 312 Consulting Services Agreement between [Rev:2.13.2014] **EFF DATE**, 2022 City of South San Francisco and **FIRM** Page 9 of 16 Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. 5.2 PERS Liability. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. 5.3 Third Party Claims. With respect to third party claims against the Consultant, the Consultant waives any and all rights of any type of express or implied indemnity against the Indemnitees. Section 6. STATUS OF CONSULTANT. 6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. 6.2 Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent to bind City to any obligation whatsoever. Section 7. LEGAL REQUIREMENTS. 7.1 Governing Law. The laws of the State of California shall govern this Agreement. 7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all federal, state and local laws and regulations applicable to the performance of the work hereunder. Consultant’s failure to comply with such law(s) or regulation(s) shall constitute a breach of contract. DRA F T 313 Consulting Services Agreement between [Rev:2.13.2014] **EFF DATE**, 2022 City of South San Francisco and **FIRM** Page 10 of 16 7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals, including from City, of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. 7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby. Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. 7.6 Contractor’s Residency and Tax Withholding Contractor declares that Contractor is a resident of the State of California in accordance with the California Franchise Tax Board form 590 (“Form 590”), as may be amended, attached hereto and incorporated herein as Exhibit F. Unless provided with valid, written evidence of an exemption or waiver from withholding, City may withhold California taxes from payments to Contractor as required by law. Contractor shall obtain, and maintain on file for three (3) years after the termination of the Contract, Form 590s from all subcontractors. Contractor accepts sole responsibility for withholding taxes from any non-California resident subcontractor and shall submit written documentation of compliance with Contractor's withholding duty to City. Section 8. TERMINATION AND MODIFICATION. 8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. DRA F T 314 Consulting Services Agreement between [Rev:2.13.2014] **EFF DATE**, 2022 City of South San Francisco and **FIRM** Page 11 of 16 Consultant may cancel this Agreement for cause upon thirty (30) days’ written notice to City and shall include in such notice the reasons for cancellation. In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of notice of termination; City, however, may condition payment of such compensation upon Consultant delivering to City all materials described in Section 9.1. 8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require Contractor to execute a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period. 8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties. 8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not assign or subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator. 8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement. 8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following: 8.6.1 Immediately terminate the Agreement; 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; 8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or DRA F T 315 Consulting Services Agreement between [Rev:2.13.2014] **EFF DATE**, 2022 City of South San Francisco and **FIRM** Page 12 of 16 8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work. Section 9. KEEPING AND STATUS OF RECORDS. 9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both Parties except as required by law. 9.2 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. 9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds ten thousand ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement. 9.4 Records Submitted in Response to an Invitation to Bid or Request for Proposals . All responses to a Request for Proposals (RFP) or invitation to bid issued by the City become the exclusive property of the City. At such time as the City selects a bid, all proposals received become a matter of public record, and shall be regarded as public records, with the exception of those elements in each proposal that are defined by Consultant and plainly marked as “Confidential,” "Business Secret" or “Trade Secret." The City shall not be liable or in any way responsible for the disclosure of any such proposal or portions thereof, if Consultant has not plainly marked it as a "Trade Secret" or "Business Secret," or if disclosure is required under the Public Records Act. DRA F T 316 Consulting Services Agreement between [Rev:2.13.2014] **EFF DATE**, 2022 City of South San Francisco and **FIRM** Page 13 of 16 Although the California Public Records Act recognizes that certain confidential trade secret information may be protected from disclosure, the City may not be in a position to establish that the information that a prospective bidder submits is a trade secret. If a request is made for information marked "Trade Secret" or "Business Secret," and the requester takes legal action seeking release of the materials it believes does not constitute trade secret information, by submitting a proposal, Consultant agrees to indemnify, defend and hold harmless the City, its agents and employees, from any judgment, fines, penalties, and award of attorneys’ fees awarded against the City in favor of the party requesting the information, and any and all costs connected with that defense. This obligation to indemnify survives the City's award of the contract. Consultant agrees that this indemnification survives as long as the trade secret information is in the City's possession, which includes a minimum retention period for such documents. Section 10 MISCELLANEOUS PROVISIONS. 10.1 Attorneys’ Fees. If a Party to this Agreement brings any action, including arbitration or an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that Party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 10.2 Venue. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Mateo or in the United States District Court for the Northern District of California. 10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties. 10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. 10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant DRA F T 317 Consulting Services Agreement between [Rev:2.13.2014] **EFF DATE**, 2022 City of South San Francisco and **FIRM** Page 14 of 16 in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000, et seq. Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090, et seq. Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve (12) months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code §1090, et seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California. 10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials. 10.9 Contract Administration. This Agreement shall be administered by Eunejune Kim, City Engineer/Public Works Director ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee. Further, the Contract Administrator has authority to approve Task Orders under this Agreement. 10.10 Notices. All notices and other communications which are required or may be given under this Agreement shall be in writing and shall be deemed to have been duly given (i) when received if personally delivered; (ii) when received if transmitted by telecopy, if received during normal business hours on a business day (or if not, the next business day after delivery) provided that such facsimile is legible and that at the time such facsimile is sent the sending Party receives written confirmation of receipt; (iii) if sent for next day delivery to a domestic address by recognized overnight delivery service (e.g., Federal Express); and (iv) upon receipt, if sent by certified or registered mail, return receipt requested. In each case notice shall be sent to the respective Parties as follows: Consultant ____________________ ____________________ ____________________ DRA F T 318 Consulting Services Agreement between [Rev:2.13.2014] **EFF DATE**, 2022 City of South San Francisco and **FIRM** Page 15 of 16 City NOTICES INVOICES City Clerk Engineering City of South San Francisco City of South San Francisco 400 Grand Avenue 315 Maple Ave South San Francisco, CA 94080 South San Francisco, CA 94080 10.11 Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example. _________________________________________ Seal and Signature of Registered Professional with report/design responsibility. 10.12 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A, B, C, D, E, and F represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral pertaining to the matters herein. Exhibit A Scope of Services Exhibit B Task Order Exhibit C Compensation Schedule Exhibit D Reimbursable Expenses Exhibit E Public Works Requirements Exhibit F Form 590 10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. 10.14 Construction. The headings in this Agreement are for the purpose of reference only and shall not limit or otherwise affect any of the terms of this Agreement. The parties have had an equal opportunity to participate in the drafting of this Agreement; therefore any construction as against the drafting party shall not apply to this Agreement. 10.15 No Third Party Beneficiaries. This Agreement is made solely for the benefit of the Parties hereto with no intent to benefit any non-signatory third parties. The Parties have executed this Agreement as of the Effective Date. DRA F T 319 Consulting Services Agreement between [Rev:2.13.2014] **EFF DATE**, 2022 City of South San Francisco and **FIRM** Page 16 of 16 CITY OF SOUTH SAN FRANCISCO CONSULTANT ____________________________ ______________________________ Charles M. Futrell, City Manager **FIRM AUTHORIZED SIGNER** Attest: ____________________________ Rosa Acosta, City Clerk Approved as to Form: ____________________________ City Attorney DRA F T 320 Consulting Services Agreement between **EFF DATE**, 2022 City of South San Francisco and **FIRM** - Exhibit A - Page 1 of 2 EXHIBIT A SCOPE OF SERVICES Task 1 – Project Management  Provide start to finish CIP project delivery with oversight from City staff.  Utilize E-Builder for project management, coordination, processing, and up-to- date record/status tracking.  Obtain current City CIP related project files from City staff  Prepare and present staff reports and resolutions to City Council  Project document and record management  Scope refinement and cost control  Develop and manage Project budgets with cash flow analysis system with regular updates.  Manage project grant funding applications, processing, and reimbursements  Review each project for missing information, update costs, schedule, funding, status, phasing, etc.  Identify for each project critical external factors (regulations, permits, right of way); constraints (environmental, funding); and stakeholders (transit, other departments, property owners).  Permit acquisition and interagency coordination  Contract and oversee environmental review/studies  Meetings and coordination with local community in relation to projects  The Program Manager (the specific consultant staff person) will be required to learn City of South San Francisco’s purchasing and procurement rules; the City’s standard plans and specifications; and the City’s processes for obtaining approvals and permits. The goal is to have an independent, self-reliant Program Manager to the maximum extent possible.  Bid document preparation  Evaluate bids and recommend award  Utilize OpenGov (formerly ProcureNow) for bid posting and procurement.  Host kickoff meetings with key City staff and consultant management team to confirm procedures, communication, documentation, reports, deliverables, etc.  Construction inspection and administration  Review and track submittals  Process consultants pay requests  Manage / evaluate contract change orders  Keep construction records (daily logs, inspection reports, etc.)  Close out project record files and record drawing submittal DRA F T 321 Consulting Services Agreement between **EFF DATE**, 2022 City of South San Francisco and **FIRM** - Exhibit A - Page 2 of 2  Prepare notices of completion In addition to the City’s CIP, the selected professional engineering consultants may also be tasked with augmenting staff with certain tasks including but not limited to: Task 2 – Staff Augmentation  Assemble a revised CIP list as the foundation of the program.  Review all projects in the CIP to prioritize where project delivery effort will be placed. Combine projects into reasonable design packages. Identify small projects that may lend themselves to design on informal process (or through on-call services contract). Generally, develop an overall delivery Master Schedule for all projects.  Apply for, track, and oversee funding grants.  Prepare a Project Summary Sheet for all new projects and for older projects missing summary sheets.  Meet with City to agree on project review and approval process.  Assemble library of City documents, design standards, specifications, etc. for teams’ ongoing reference.  Create (or update) a boilerplate RFQ and RFP for use on the CIP program. Staff Augmentation to manage or meet with programs such as Traffic Advisory Committee and Construction Coordination Committee DRA F T 322 Consulting Services Agreement between **EFF DATE**, 2022 City of South San Francisco and **FIRM** - Exhibit B- Page 1 of 1 EXHIBIT B TASK ORDER On-Call Consulting Services Agreement Date Name, Title Company Street Address City, CA ##### Subject: Project # Project Title Authorization and Notice-to-Proceed for Services per Agreement per Resolution No. XXXXX Between the City of South San Francisco and Consultant Company. Dear Mr/s. Last Name: This letter shall serve as written authorization for Task Order No. XX (Description of Task order) and Notice-to-Proceed for the work and the cost associated with Consultant Company (Company) to [describe work here]. This work shall be done under the Agreement between Consultant and the City of South San Francisco executed on Month Day, YYYY per City Council Resolution No. XXXX. The Not-to-Exceed amount for Task Order. XX shall be $X,XXX.XX, based on the authorized tasks in the attached proposal dated Month Day, YYYY. A breakdown of this work and the work authorized to date under this Agreement is as follows: Work Authorized for Agreement (Agreement NTE Amount $XXXXXX) Date Authorized Amount Authorized Task Order No. 1 (Description of Task Order) X/X/2016 $XXXX Task Order No. 2 (Description of Task Order) [If applicable] X/X/2016 $XXXX Task Order No. 3 (Description of Task Order) [If applicable] X/X/2016 $XXXX Total Authorized (All Task Orders) $XXXX Amount Remaining in Agreement $XXXX If you have any questions or need additional information, please contact (Project Manager) by phone at (###) ###-#### or via email at name@ssf.net. Sincerely, Name, P.E. Senior Civil Engineer Attachment: DRA F T 323 Consulting Services Agreement between **EFF DATE**, 2022 City of South San Francisco and **FIRM** - Exhibit C - Page 1 of 1 EXHIBIT C COMPENSATION SCHEDULE **INSERT FIRM’s FEE SCHEDULE** DRA F T 324 Consulting Services Agreement between **EFF DATE**, 2022 City of South San Francisco and **FIRM** - Exhibit D - Page 1 of 1 EXHIBIT D REIMBURSABLE EXPENSES Reimbursable Expenses. The following constitute reimbursable expenses authorized by this Agreement: mileage, parking, tolls, printing, out of area travel, conference calls, postage, express mail, and delivery. Reimbursable expense shall be attached by the Consultant for approval by the City and shall not exceed Five Thousand Dollars ($5,000). Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded. DRA F T 325 Consulting Services Agreement between **EFF DATE**, 2022 City of South San Francisco and **FIRM** - Exhibit E - Page 1 of 2 EXHIBIT E PROVISIONS REQUIRED FOR PUBLIC WORKS CONTRACTS I. HOURS OF WORK: A. In accordance with California Labor Code Section 1810, eight (8) hours of labor in performance of the services described in Exhibit A shall constitute a legal day’s work under this contract. B. In accordance with California Labor Code Section 1811, the time of service of any worker employed in performance of the services described in Exhibit A is limited to eight (8) hours during any one (1) calendar day, and forty (40) hours during any one calendar week, except in accordance with California Labor Code Section 1815, which provides that work in excess of eight (8) hours during any one (1) calendar day and forty (40) hours during any one calendar week is permitted upon compensation for all hours worked in excess of eight (8) hours during any one (1) calendar day and forty (40) hours during any one (1) calendar week at not less than one-and- one-half (1.5) times the basic rate of pay. C. The Consultant and its subcontractors shall forfeit as a penalty to the City twenty five dollars ($25) for each worker employed in the performance of the services described in Exhibit A for each calendar day during which the worker is required or permitted to work more than eight (8) hours in any one (1) calendar day, or more than forty (40) hours in any one (1) calendar week, in violation of the provisions of California Labor Code Section 1810, et seq.. II. WAGES: A. In accordance with California Labor Code Section 1773.2, the Contractor and any subcontractors shall pay not less than the general prevailing wages for each craft or type of work needed for completion of the services described in Exhibit A, as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research. A copy of this publication is on file in the City Public Works Office and shall be made available on request. B. Pursuant to Labor Code Section 1775, Contractor may be subject to a penalty of up to two hundred dollars ($200) per day for each worker engaged in the performance of the services described in Exhibit A that the Consultant or any subcontractor pays less than the specified prevailing wage. The Consultant or subcontractor shall also pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate. C. Consultant shall comply with all of the following requirements: 1. contracts between the Consultant and the subcontractor for the performance of part of the services described in Exhibit A shall include a copy of the provisions of California Labor Code Sections 1771, 1775, 1776, 1777.5, 1813, and 1815. DRA F T 326 Consulting Services Agreement between **EFF DATE**, 2022 City of South San Francisco and **FIRM** - Exhibit E - Page 2 of 2 2. The Consultant shall monitor payment of the specified general prevailing rate of per diem wages by the subcontractor by periodic review of the subcontractor’s certified payroll records. 3. Upon becoming aware of a subcontractor’s failure to pay the specified prevailing rate of wages, the Consultant shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for performance of the services described in Exhibit A. 4. Prior to making final payment to the subcontractor, the Consultant shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages for employees engaged in the performance of the services described in Exhibit A and any amounts due pursuant to California Labor Code Section 1813. D. In accordance with California Labor Code Section 1776, the Consultant and each subcontractor engaged in performance of the services described in Exhibit A shall keep accurate payroll records showing the name, address, social security number, work, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in performance of the services described in Exhibit A. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: 1. The information contained in the payroll record is true and correct. 2. The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by the employer’s employees on the public works project. The payroll records required pursuant to California Labor Code Section 1776 shall be certified and shall be available for inspection by the City and its authorized representatives, the Division of Labor Standards Enforcement, the Division of Apprenticeship Standards of the Department of Industrial Relations and shall otherwise be available for inspection in accordance with California Labor Code Section 1776. E. In accordance with California Labor Code Section 1777.5, the Consultant, on behalf of the Consultant and any subcontractors engaged in performance of the services described in Exhibit A, shall be responsible for ensuring compliance with California Labor Code Section 1777.5 governing employment and payment of apprentices on public works contracts. DRA F T 327 Consulting Services Agreement between **EFF DATE**, 2022 City of South San Francisco and **FIRM** - Exhibit F - Page 1 of 1 EXHIBIT F FORM 590 DRA F T 328 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-464 Agenda Date:6/8/2022 Version:1 Item #:14. Report regarding adoption of a resolution awarding a construction contract to CF Contracting,Inc.for the Grand Avenue and Airport Boulevard Streetscape Improvements Project (No.st1801,Bid No.2657)in an amount not to exceed $3,188,285,authorizing a total construction contract authority budget of $3,825,942. (Jeffrey Chou, Associate Civil Engineer) RECOMMENDATION Staff recommends that the City Council adopt a resolution awarding a construction contract to CF Contracting,Inc.of San Francisco,California for Grand Avenue and Airport Boulevard Streetscape Improvements Project (No.st1801,Bid No.2657)in an amount not to exceed $3,188,285,authorizing a total construction contract authority budget of $3,825,942,and authorizing the City Manager to execute the agreement on behalf of the City. BACKGROUND/DISCUSSION The Grand Avenue and Airport Boulevard Streetscape Improvements Project (Project)is part of a larger effort undertaken by the City to improve pedestrian and bicycle accessibility and safety for neighborhoods within the project's vicinity and the City’s downtown area. The Project will construct pedestrian and bicycle improvements that will close the gap between the West Plaza of the new South San Francisco Caltrain station and the pedestrian and bicycle connections in the City’s downtown areas. At the intersection of Grand Avenue and Airport Boulevard,the project will improve pedestrian and bicyclist safety by: ·Removing the concrete islands and “slip lane”and eliminating a free right turn movement at the southeast corner, which will require a “stop-on- red” before allowing vehicle to turn right; ·Installing curb extensions and ADA curb ramps at the southwest and southeast corners,which will shorten the crossing distance for pedestrians and improve the visibility of pedestrians and vehicles; and ·Replacing the existing standard crosswalk at the southern leg with high visibility striping and duo pedestrian and bicycle crosswalks. Along Airport Boulevard,the project will install dedicated Class II bike lanes in both directions from the Airport Boulevard &Miller Avenue intersection and connecting to the existing bike lane along eastbound Airport Boulevard. The project will close a significant gap in the City’s Bicycle and Pedestrian Master Plan,will improve safety for all users through a combination of off-street bicycle and pedestrian paths,and intersection,traffic signal and on road bicycle lanes improvements.Additional description regarding the bicycle and pedestrian improvements is also included in the attached Public Works Memo. Overview of City’s Procurement Process The City’s procurement process is governed by both state and local law.State law requires contracts for City of South San Francisco Printed on 6/3/2022Page 1 of 5 powered by Legistar™329 File #:22-464 Agenda Date:6/8/2022 Version:1 Item #:14. The City’s procurement process is governed by both state and local law.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 the “lowest responsible bidder”after providing notice in accordance with law. (Pub. Contract Code §§ 20162, 20164.) However,in awarding contracts for the purchase of 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 as long as they are consistent with applicable state law.(Gov.Code §54202.)Chapter 4.04 of the Municipal Code and the City’s Purchasing Procedures (Administrative Instruction Section IV,No.1)govern the City’s purchasing policies and contract procurement processes. 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 requires staff to utilize open market 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. Federally Funded Procurements for Vendors (Supplies and Equipment) City of South San Francisco Printed on 6/3/2022Page 2 of 5 powered by Legistar™330 File #:22-464 Agenda Date:6/8/2022 Version:1 Item #:14. Contracts that receive federal funding are required to incorporate and comply with additional terms and conditions.The City’s Purchasing Procedures also provide guidance on procuring supplies and equipment contracts that are federally funded.Federally funded procurements also require a written procedure for conducting evaluations and for selecting recipients and awarding the contract to the responsible firm whose proposal is most advantageous to the City with price being only one factor.It is also important to note that federally funded procurements do not include state or local geographical preferences unless specifically authorized by federal law.Each evaluation is a non-discrimination and equal opportunity for all vendors. 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 Project: Grand Avenue and Airport Boulevard Streetscape Improvements Project, ST1801, Bid No. 2657 This project falls under Procurement Type 1: Competitive Bidding for Construction Projects. Staff advertised a notice inviting bids for the project on March 22,and March 29,2022.On May 3,2022,staff received four (4)bid proposals in response to the notice inviting bids.Staff reviewed all bid proposals and identified that the lowest responsible bidder was CF Contracting,Inc.of San Francisco,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. On May 18, 2022, the City received a Bid Advisory Letter from the Foundation for Fair Contracting regarding SF Contracting, Inc. in relation to the Grand Ave and Boulevard Streetscape Improvement Project bid, asserting that “the bid provided to the City by CF [Contracting] signifies that the contractor would not be able to successfully perform its duties on the . . . project, while fulfilling its obligations with the Rules and Regulations Governing the Payment of Prevailing Wages, at the bid amount provided” due to ongoing violations of prevailing wage laws resulting in wage theft, failure to comply with workforce development and formal apprenticeship programs, and failure to provide required apprenticeship training fund contributions. CF Contracting responded to the Bid Advisory Letter and denies the allegations. CF Contracting has been responsive to staff inquiries into the Bid Advisory Letter and the City Attorney’s Office has confirmed that CF Contracting is cooperating with the Department of Industrial Relations investigation into CF Contracting payroll records. A responsible bidder is one who is able to perform the contract if awarded. To be considered responsible, the bidder must demonstrate the attributes of trustworthiness, quality, fitness, capacity, and experience to satisfactorily perform the public works contract. (Public Contract Code Section §1103). A range of factors may be used to determine bidder responsibility, including performance history, reliable financial information, bonding and insurance capacity, public works experience, personnel, litigation history, and others. For purposes City of South San Francisco Printed on 6/3/2022Page 3 of 5 powered by Legistar™331 File #:22-464 Agenda Date:6/8/2022 Version:1 Item #:14. of the Grand Ave and Boulevard Streetscape Improvement Project bid, the issues raised by the Bid Advisory Letter are not “responsibility” considerations under the Public Contract Code. Thus, City Council may elect to either award the project to CF Contracting, or reject all bids for the project and re-advertise the project if Council desires not to move forward with CF Contracting for this project. Pursuant to Public Contract Code Section 20166, City Council is authorized to reject all bids without having to give a reason. The following is a summary of all bids received: Rank Contractor "Base Bid" Schedule Results 1 CF Contracting, Inc. of San Francisco, CA $3,188,285.00 2 Redgwick Construction Co. of Oakland, CA $3,456,161.00 3 Interstate Grading & Paving, Inc. of South San Francisco, CA $3,641,027.80 4 Ghilotti Bros, Inc. of San Rafael, CA $4,075,437.00 Engineers Estimate (BKF Engineers)$2,750,000.00 The project was advertised with a “Base Bid”schedule only with no alternatives.The selection of award of a contract is based on the lowest responsive bid for the Base Bid schedule. CF Contracting,Inc.’s bid of $3,188,250 is approximately 16%higher than the Engineers Estimate.The higher cost can be attributed to the rapid rise in material and fuel costs as well as overall inflation in the construction industry. The proposed project construction budget is: CF Contracting Inc. Construction Contract $ 3,188,285 Construction Contingency (20%)$ 637,657 Total Project Construction Budget $ 3,825,942 The construction contingency will be used for any additional costs related to design changes during the construction operations. FISCAL IMPACT This project (CIP No.ST1801)is included in the City of South San Francisco’s fiscal year 2021-2022 Capital Improvements Program.There are sufficient funds in FY 2021-2022 to cover the total construction contract costs. RELATIONSHIP TO STRATEGIC PLAN Approval of this action will contribute to the City’s Strategic Plan outcome of improved Quality of Life by maintaining and improving infrastructure to serve the public. CONCLUSION Awarding the construction contract to CF Contracting,Inc.of San Francisco,California,for the Grand Avenue and Airport Boulevard Streetscape Improvements Project will improve pedestrian and bicycle connections and safety from the West Plaza of the new South San Francisco Caltrain Station to Grand Avenue and the downtown City of South San Francisco Printed on 6/3/2022Page 4 of 5 powered by Legistar™332 File #:22-464 Agenda Date:6/8/2022 Version:1 Item #:14. safety from the West Plaza of the new South San Francisco Caltrain Station to Grand Avenue and the downtown area. Attachments: 1.Vicinity Map 2.Presentation 3.Bid Advisory Letter 4.CF Contracting Response Letter 5.PW Memo to Council City of South San Francisco Printed on 6/3/2022Page 5 of 5 powered by Legistar™333 334 GRAND AVENUE & AIRPORT BLVD STREETSCAPE IMPROVEMENTS PROJECT May 25, 2022 335 2 IMPROVEMENTS N AIRPORT BLVD 336 3 VIEW FROM SE CORNER ( CALTRAIN PLAZA ) 337 4 VIEW FROM SW CORNER ( GAS STATION ) 338 5 VIEW FROM NW CORNER ( PEET’S COFFEE ) 339 6 CONTRACTOR BASE BID RANKING Engineer’s Estimate $2,750,000.00 X CF Contracting, Inc. $3,188,285.00 1 Redgwick Construction, Co. $3,456,161.00 2 Interstate Grading & Paving, Inc. $3,641,027.80 3 Ghilotti Bros, Inc. $4,075,437.00 4 BID RESULTS 6 Competitive Bidding for Construction Projects Cost is generally the sole determining factor 340 7BUDGET AND SCHEDULE Construction Contract $3,188,285 Construction Contingency (20%)$637,657 Total Project Construction Budget*$3,825,942 Contract Award Contract Executed NTP & Construction Start (Approx. Summer 2022) Construction Complete (Approx. Summer 2023)7 341 8 OUTREACH Spring 20210101 NOTIFICATIONS DURING DESIGN Summer 20220202 CONSTRUCTION ADVANCE NOTIFICATIONS Summer 20230303 CONSTRUCTION COMPLETE 342 Thank you! 99 343 255 SHORELINE DRIVE SUITE 200 REDWOOD CITY, CA 94065 (650) 482-6300 www.bkf.com PEDESTRIAN BICYCLE ENHANCEMENTS GRAND AVE - AIRPORT BLVD, SOUTH SAN FRANCISCO A A B C D D E F G G H I J K 344 VIA EMAIL – Jeffrey.chou@ssf.net May 17, 2022 Jeffrey Chou City of South San Francisco 315 Maple Avenue South San Francisco, CA 94083 RE: BID ADVISORY Low Bidder: CF Contracting, Inc. Awarding Agency: City of South San Francisco Project: Grand Ave and Airport Boulevard Streetscape Improvement Project FFC Case No.: 1007SJ Dear Mr. Chou: Please enter this formal bid advisory against the above-noted contractor as a matter of public record and circulate to all City Councilmembers. We respectfully request that CF Contracting, Inc. (CF) bid be rejected. The bid provided to the City by CF signifies that the contractor would not be able to successfully perform its duties on the above project, while fulfilling its obligations with the Rules and Regulations Governing the Payment of Prevailing Wages, at the bid amount provided due to the following: •ONGOING VIOLATIONS OF PREVAILING WAGE LAWS RESULTING IN WAGE THEFT CF has numerous infractions/violations which have resulted in willful circumvention of the Laws and Regulations Governing the Payment of Prevailing Wages, including, but not limited to, violations resulting in wage theft and non-compliance with apprenticeship laws. CF engaged in this pattern of unlawful activity on various public works prevailing wage projects. Civil Wage and Penalty Assessments have been issued to CF by the State of California, Division of Labor Standards Enforcement (DLSE), Labor Commissioner’s office. We have provided supporting documentation for your review. Furthermore, CF is currently under investigation by our offices and the State of California, Division of Labor Standards Enforcement (DLSE), Labor Commissioner’s office in connection with issues provided below. We have provided supporting documentation for your review. ▪Misclassifications resulting in underpayments. ▪Failure to comply with overtime requirements. ▪Failure to comply with apprenticeship requirements. ▪Failing to report all workers on certified payrolls. Government Code Section 54957.5 SB 343 Agenda: 5/25/2022 Reg CC Item # 10 345 Jeffrey Chou City of South San Francisco May 17, 2022 Page 2 • FAILURE TO COMPLY WITH WORKFORCE DEVELOPMENT AND FORMAL APPRENTICESHIP PROGRAMS CF has not made a good faith effort to participate and invest in Local Workforce Development, nor have they participated in local hiring of workers in the community through formal and recognized pre-apprenticeship programs and formal apprenticeship programs for specific apprenticeable crafts. They have failed to request, employ, train, and pay the proper prevailing wages to apprentices. • FAILURE TO PROVIDE REQUIRED APPRENTICESHIP TRAINING FUND CONTRIBUTIONS CF has failed to comply with the requirements set forth in Labor Code § 1777.5(m)(1) by omitting payments to either the California Apprenticeship Council or a state approved apprenticeship program. We have provided supporting documentation for your review. Please contact our office with questions, comments, or clarifications. Sincerely, Jesse Jimenez Executive Director Case: 1007SJ cc: City of South San Francisco – City Council Mark Nagales – Email: mark.nagales@ssf.net Buenaflor Nicolas – Email: flor.nicolas@ssf.net Mark Addiego – Email: mark.addiego@ssf.net James Coleman – Email: james.coleman@ssf.net Eddie Flores – Email: eddie.flores@ssf.net 346 347 Labor Commissioner, State of California Department of Industrial Relations Division of Labor Standards Enforcement Bureau of Field Enforcement- Public Works TEL: (916) 263-3305 EMA[L: Srustdir.ca.gov DATE: Gavin Newsom, Governor 44 ypo.141" In Reply Refer to Case No; CIVIL WAGE AND PENALTY ASSESSMENT Awarding Body City and County of San Francisco - Dept, of Public Works " Work Performed in Count)' of ALAMEDA Project Name Panhandle Playground Renovation Project No, DtR: 278136 DIR Project ID Io. 275136 Prime Contractor CF Contracting Inc ' ,r ' . CSLB License No, 967497 Contractor Registration (PWCR) No, 10000010918 Subcontractor(s) , CSLB License No. Contractor Registration (PWCR) No, Second orTtord-tter Subcontractor, if applicable . CSLB License No. Contractor Registration (PWCR) No. After an investigation concerning the payment of wages to workers employed in the execution of the contract for the above-named public works project, compliance with the apprenticeship standards found in Labor Code section 1777.5, or compliance with the registration requirements set forth in Labor Code section 1725.5, the Labor Commissioner has determined that violations of the California Labor Code have been committed by the contractor and/or subcontractor(s) identified above. In accordance with Labor Code section 1741, the Labor Commissioner hereby issues this Civil Wage and Penalty Assessment. I TOTAL ASSESSMENT: $4,670.40 I The nature of the violations of the Labor Code and the basis for the assessment are as follows: Wage Violations: Violation of Labor Code 1774 for failure to pay correct prevailing wages including predetermined increases effective 7/1/19 for 2018-2 wage determination for Northern California. Penalty assessed under LC §1775 at $40 per violation. The attached Audit Summary further details the basis for this Assessment and itemizes the calculation of wages and penalties due under Labor Code sections 1775 and 1813, if applicable. The Labor Commissioner has determined the total amount of wages due is: $1,310.40 The Labor Commissioner has determined the amount of penalties assessed under Labor Code section 1775 is: $3.360.00 The Labor Commissioner has determined the amount of penalties assessed under Labor Code section 1813 is: $O.O rM -1 (continued on next page) 00 STATE LABOR COMMISSIONER / By/-/1 , Susan Rust Auditor 1 Y h ' U1 - PW[ 373 Ownod- 12 16,19) c-n Page 1 of 6 348 Apprenticeship Violations: Failure to submit DAS 140 to the applicable apprentices/up commnioees on this project. 22/ days of DAS 140 violations. Applicable committees - Northern California District Council of Laborers and Associaled Builders & Comflmacios N. California U.A.C. The Labor Commissioner has determined the amount of penalties assessed under Labor Code section 1777.7 is: $0.00 Labor Code Section 1776 Violations: The Labor Commissioner has determined the amount of penalties assessed under Labor Code section 1776(h) against is: $0.00 Public Works Contractor Registration Violations: The Labor Commissioner has determined the amount of penalties assessed under Labor Code section 1771.1 against General contractor Subcontractor Second-tier subcontractor Third-tier subcontractor, if applicable Please refer to page 6 for specific withholding obligations pertaining to these amounts. (continued on next page) Page 2 of 6 is: $0.00 is: $0.00 is: $0.00 is: $0.00 349 Notice of Right to Obtain Review - Formal Hearing In accordance with Labor Code section 1742, an affected contractor or subcontractor may obtain review of this Civil Wage and Penalty Assessment by transmitting a written request to the office of the Labor Commissioner that appears below within 60 days after service of the assessment. To obtain a hearing, a written Request for Review must be transmitted to the following address: Labor Commissioner - State of California Civil Wage and Penalty Assessment Review Office P0 Box 255809 2801 Arden Way Sacramento, CA 95825 A Request for Review either shall clearly identify the Civil Wage and Penalty Assessment from which review is sought, including the date of the assessment, or it shall include a copy of the assessment as an attachment, and shall also set forth the basis upon which the assessment is being contested. In accordance with Labor Code section 1742, the contractor or subcontractor shall be provided an opportunity to review evidence to be utilized by the Labor Commissioner at the hearing within 20 days of the Labor Commissioner's receipt of the written Request for Review. Failure by a contractor or subcontractor to submit a timely Request for Review will result in a final order which shall be binding on the contractor and subcontractor, and which shall also be binding, with respect to the amount due, on a bonding company issuing a bond that secures the payment of wages and a surety on a bond. Labor Code section 1743. In accordance with Labor Code section 1742(d), a certified copy of a final order may be filed by the Labor Commissioner in the office of the clerk of the superior court in any county in which the affected contractor or subcontractor has property or has or had a place of business. The clerk, immediately upon the filing, shall enter judgment for the State against the person assessed in the amount shown on the certified order. (continued on next page) Page 3 of 6 350 Payment of Civil Wage and Penalty Assessment Payment of the assessed wages and/or penalties, including interest on all due and unpaid wages pursuant to Labor Code section 1741(b), must be made by check or money order payable to the Division of Labor Standards Enforcement and mailed to the following address along with a copy of this Civil Wage and Penalty Assessment: State of California - Department of Industrial Relations Division of Labor Standards Enforcement - Cashiering Unit 2031 Howe Avenue, Suite 100 Sacramento, CA 95825-0196 Opportunity for Settlement Meeting In accordance with Labor Code section 1742.1(c), the Labor Commissioner shall, upon receipt of a request from the affected contractor or subcontractor within 30 days following the service of this Civil Wage and Penalty Assessment, afford the contractor or subcontractor the opportunity to meet with the Labor Commissioner or his or her designee to attempt to settle a dispute regarding the assessment. The settlement meeting may be held in person or by telephone and shall take place before the expiration of the 60-day period for seeking a hearing as set forth under the heading Notice of Right to Obtain Review. No evidence of anything said or any admission made for the purpose of, in the course of, or pursuant to, the settlement meeting is admissible or subject to discovery in any administrative or civil proceeding. This opportunity to timely request an informal settlement meeting is in addition to the right to obtain a formal hearing, and a settlement meeting may be requested even if a written Request for Review has already been made. Requesting a settlement meeting, however, does not extend the 60-day period during which a formal hearing may be requested. A written request to meet with the Labor Commissioner or his or her designee to attempt to settle a dispute regarding this assessment must be transmitted to Susan Rust at the following address: State of California - Department of Industrial Relations Division of Labor Standards Enforcement - Public Works Unit 2031 Howe Avenue, Suite #100 Sacramento, CA 95825 (continued on next page) Page 4 of 6 351 Liquidated Damages In accordance with Labor Code section 1742.1(a), after 60 days following the service of this Civil Wage and Penalty Assessment, the affected contractor, subcontractor, and surety on a bond or bonds issued to secure the payment of wages covered by the assessment shall be liable for liquidated damages in an amount equal to the wages, or portion that still remain unpaid. If the assessment subsequently is overturned or modified after administrative or judicial review, liquidated damages shall be payable only on the wages found to be due and unpaid. Notwithstanding the above, in accordance with Labor Code section 1742.1(b), there shall be no liability for li qu id a t e d damages if the full amount of the assessment or notice, including penalties, has been deposited with the Department of Industrial Relations, within 60 days following service of the Assessment or Notice, for the Department to hold in escrow pending administrative and judicial review. The Department shall release such funds, plus any interest earned, at the conclusion of all administrative and judicial review to the persons and entities who are found to be entitled to such funds. The full amount of the assessment that should be deposited is: $4,670.40 Deposits must be made by check or money order payable to the Department of Industrial Relations with a cover letter and a copy of the Civil Wage and Penalty Assessment and mailed to: Department of Industrial Relations Attention Cashiering Unit P.O. Box 420603 San Francisco, CA 94142 (continued on next page) Page 5 of 6 352 Statutory Withholding Obligations 1.Awarding Body Withholding Obligations In accordance with Labor Code section 1727(a), before making payments to the contractor of money due under a contract for public work, the awarding body shall withhold and retain therefrom all amounts required to satisfy this Civil Wage and Penalty Assessment. The amount required to satisfy this Civil Wage and Penalty Assessment shall not be disbursed by the awarding body until receipt of final order that is no longer subject to judicial review. The amount which must be withheld and retained by the awarding body pursuant to this Civil Wage and Penalty Assessment is: Wages Due: $1,276.80 Training Funds Due: $33.60 Penalties Due Under Labor Code section 1775: $3,360.00 Penalties Due Under Labor Code section 1813: $0.00 Penalties Due Under Labor Code section 1777.7: $0.00 Penalties Due Under Labor Code section 1776(h) $0.00 Penalties Due Under Labor Code section 1771.1: $0.00 Total Withholding Amount: $4,670.40 2.Prime Contractor Withholding Obligations: In accordance with Labor Code section 1727(b), if the awarding body has not retained sufficient money under the contract to satisfy this Civil Wage and Penalty Assessment based on a subcontractor's violations, the contractor shall, upon the request of the Labor Commissioner, withhold sufficient money due the subcontractor under the contract to satisfy the assessment and transfer the money to the awarding body. This amount shall not be disbursed by the awarding body until receipt of a final order that is no longer subject to judicial review. FX]1f this box is checked, the Labor Commissioner hereby requests that the prime contractor withhold the following amount from money due the subcontractor and transfer the money to the awarding body to satisfy this assessment: Wages Due: Training Funds Due: Penalties Due Under Labor Code section 1775: Penalties Due Under Labor Code section 1813: Penalties Due Under Labor Code section 1777.7: Penalties Due Under Labor Code section 1776(h): Penalties Due Under Labor Code section 1771.1: Total Withholding Amount: Distribution: Awarding Body Surety(s) on Bond Prime Contractor Subcontractor(s) $1,276.80 $33.60 $3,360.00 $0.00 $0.00 $0.00 $0.00 $4,670.40 Page 6 of 6 353 354 PUBLIC WORKS AUDIT WORKSHEET TOTAL AMOUNT DUE/OWING 4670.40 EMPLOYER! FIRM DEPUTY OFFICE WAGES DUE AND OWING CF Contracting Inc Susan Rust Sacramento 127680 ADDRESS CITY PENALTIES DUE AND OWING 850 S. Van Ness Ave. #2 San Francisco, CA 94110 3360.00 PROJECT AWARDING BODY PRIME CASE NUMBER TRAINING FUND DUE/OWING Panhandle Playground R City and County of San Francin CF Contracting Inc 40-69973-678 33.60 PERIOD HOURS WORKED OTHER TOTAL PREVAILING WAGE REQUIREMENTS AMOUNT OWING PENALTIES 1PENALTIES TRNG. TOTAL EMPLOYEE CLASSIFICATION WORKED ST. 01. D. T. WAGES PAID WAGES PAID OTHER TOTAL WAGES AND UNPAID LC 177-; ILC 1813 FUND AMOUNT DUE 07119/19 - Hector Acosta Predetermined Increa 11/15/19 336 0 0 0.00 15191.04 0.00 18529.44 638.40 1680.00 0.00 16.80 2335.20 07119/19 - Juan EsguivelAndrade Predetermined Increa 11/15/19 336 0 0 0.00 18191.04 0_00 18829.44 638.40 1680.00 0.00 16.80 2335.20 01/01/18 - 06/24/19 0 0 0 0_00 0_00 0.00 0.00 0_00 0_00 0_00 0.00 0.00 01/01/18 - 06125/18 01 0 01 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0_00 0_00 01/01/18 - 06/25/18 0 0 0 0.00 0.00 0_00 0.00 0.00 0_00 0.00 0.00 0_00 01/01/18 - 06125/18 0 0 0 0.00 0_00 0.00 0.00 0.00 0_00 0.00 0_00 0.00 01/01118 - 06/25/18 0 0 0 0.00 0.00 0.00 0.00 0.00 0_00 0.00 0_00 0_00 01101/18 - 06/25118 01 o 01 0_00 0.00 0_00 0_00 0_00 0_00 0.00 0_00 0_00 01/01/18 - 06/25/18 0 0 0 0_00 0.00 0.00 0.00 0.00 0.00 0.00 0_00 0.00 01/01/18 - 06/25118 0 0 0 0.00 0.00 0.00 0_00 0_00 0.00 0.00 0.00 0.00 01/01/18 - 06125/18 0 0 0 0.00 0.001 0_00 0.00 0.00 0.00 0_00 0.00 0_00 01/01/18 - 06125118 0 0 01 0.00 0_00 0.00 0.00 0.00 0.00 0_00 0.00 0.00 01/01/18 - 06/25/18 0 0 0 0_00 0.00 0.00 0.00 0.00 0_00 0.00 0.00 0.00 01/01118 - 06125/18 0 0 0 0.001 0.00 0_00 0.00 0.001 0_00 0_00 0.00 0.00 01/01/18 - 06125/18 01 0 0 0.00 0.00 0.00 0.00 0.00 0.00 0_00 0.00 0.00 01/01/18 - 06/25/18 0 0 0 0.00 0.00 0.00 0.00 0.00 0_00 0_00 0_Do 0.00 Balance Brought forward from aud1t3 Summary - - 0_00 0_00 0_00 0.00 0.00 0.00 0_00 0.001 0.00 The following entries represent the amounts relied upon for O.00F 36382-081 0.00 37658.88 1276.80 3360.00 0.00 33.60 $4,670.40 calculating Labor Code 1775 and 1613 penalties. 11776 (h) Penalty Due I $ - I 1775 40.00 Per Day 1813 25.00 Per Day 11777.7 Penalty Due I $ - I 1776(h) 100.00 Per Day 17777 80.00 Per Day CiviIWage and Penalty Assessment Total Amount $4,670.40 I I 1777.7 221 Days I Summary Page 1 355 PREVAILING WAGE DETERMINATION SUMMARY CODE HOURLY HOLIDAY TRAVEL & Other hourly NO. CLASSIFICATION Effective Date RATE Contributions TRAiNING TIME 1/2 SUNDAY SUBSISTENCE Requirements IlLaborer Grp 2 Area 1 8/22/2018 30.640 23.500 0.450 45.960 61.280 II ININ [I l'IlilllI IIIi III 2 Predeterrmnod Increase 71 l,.1D 19 31,640 L4 4 00 0.500 47.460 6328 ill filF I I Ir IIII ILL WAGE DETERMINATION INFORMATION CODE NO. CLASSIFICATION WAGE DETERMINATION NO. I Laborer Grp 2 Area 1 NC-23-102-1-2018-2 2 Predetermined Increase I NC-23-102-1-2018-2 356 STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS - DIVISION OF LABOR STANDARDS ENFORCEMENT CERTIFICATION OF SERVICE BY MAIL (C.C.P. 1013a) OR CERTIFIED MAIL I, Susan Rust do hereby certify that I am a resident of or employed in the County of Sacramento over 18 years of age, and not a party to the within action, and that I am employed at and my business address is: Division of Labor Standards Enforcement Bureau of Field Enforcement 2031 Howe Ave. Suite 100 Sacramento, CA. 95825 On January 22, 2021 , I served the within: (1) Civil Wage and Penalty Assessment by placing a true copy thereof in an envelope addressed as follows: Francisco - Dept. of Public Works CF Contracting Inc 1155 Market Street 4th Floor, 850 S. Van Ness Ave. #21 San Francisco,CA 94103 San Francisco, CA 94110 lAttention: Jacob Friedman RMO and then sealing the envelope and with postage and certified mail fees (if applicable) thereon fully prepaid, and then depositing it in the United States mail in Sacramento by: X Ordinary first class mail X Certified mail Registered mail I certify tinder penalty of perjury that the foregoing is true (111(1 correct Executed , at January 22, 2021 , at SIGNATURE STATE CASE NO. 40-69973-678 P \V 34 (Rid 4/2/2/22) Sacramento , County of Sacramento , California 357 5/17/22, 3:59 PM California Apprenticeship Council - Public works training fund contributions https://www.dir.ca.gov/CAC/TrainingFund/TFLetter.asp 1/1 STATE OF CALIFORNIA Gavin Newsom, Governor CALIFORNIA APPRENTICESHIP COUNCIL P.O. Box 420603 San Francisco, CA 94142-0603 (415) 703-4920 To whom it may concern: According to transactions recorded as of May 16, 2022, no contributions have been received for Contractors License number 967497 in the past four years. If you have any questions please contact the Division of Apprenticeship Standards. trainingfund@dir.ca.gov Glen Forman for the Secretary, California Apprenticeship Council 358 545337.1 415.956.2828 (t) Robert Dollar Building 415.956.6457 (f) 311 California Street, 10th Flr. San Francisco CA 94104 202.777.8950 (t) 1500 K Street, NW, Suite 800 202.347.8429 (f) Washington DC 20005 www.rjo.com ROGERS JOSEPH O'DONNELL May 20, 2022 VIA EMAIL & OVERNIGHT MAIL Jeffrey.Chou@ssf.net Jeff Chou, P. E. Associate Engineer City of South San Francisco, Engineering Division 315 Maple Avenue South San Francisco, CA 94080 Re: Grand Avenue and Airport Blvd Streetscape Improvement Project PROJECT NO. ST1801, BID NO. 2671 RESPONSE TO MAY 17 LETTER Dear Mr. Chou: We represent CF Contracting (CFC) related to this matter. As you know, CFC was the lowest responsive bidder, and the City of South San Francisco was intending to award the Project to CF Contracting next week. There were no bid protests within the allotted time allowed by the specifications, and therefore the City should ignore the allegations made by the letter received from The Foundation for Fair Contracting (FFC), and award the contract to CFC as the lowest responsive, responsible bidder. I.ARGUMENT According to its own specifications, the City must award this project to the lowest responsive, responsible bidder. Notice Inviting Bids; #5 (Bids will be publicly opened, examined, and declared in accordance with item 1, and thereafter referred to the City Council for award, at a regular scheduled meeting, to the lowest responsive and responsible bidder, based on the Total Base Bid Price.”)(emphasis added). There is no question that CFC’s bid was responsive; thus, the only question before the City is whether CFC is a responsible contractor – whether it can “perform the contract as promised.” Taylor Bus Service, Inc. v. San Diego Bd. of Education (1987) 195 Cal.App.3d 1331, 1341. FFC makes baseless allegations without any documentary support – because mere allegations without evidence are impossible to rebut, the City should ignore the baseless claims. If the City has any doubt that CFC is a responsible contractor, I request that CFC be allowed to present evidence of its responsibility and to rebut any claims on which the City is relying. A Professional Law Corporation Richard M. Harris 415.365.5306 (d) rharris@rjo.com Government Code Section 54957.5 SB 343 Agenda: 5/25/2022 Reg CC Item # 10 359 www.rjo.com ROGERS JOSEPH O'DONNELL Jeffrey Chou Associate Engineer City of South San Francisco, Engineering Division May 20, 2022 Page 2 545337.1 A Professional Law Corporation FFC only provides documentation for three specific allegations – these are the only allegations to which CFC can directly respond. A review of the documents shows that none of these would cause any doubt that CFC can perform the contract as promised. As requested, I provide details on these allegations below. A. The March 2022 Case Assignment Letter FFC attaches a “case assignment letter” from March 2022 related to a project in Sausalito. This is the first that CFC has heard of any investigation (possibly because the investigator has found no merit to the allegations), and believes it appropriately paid all workers on that project. Curiously, FFC does not provide the underlying allegations; only a document stating that as of two months ago, an investigation is ongoing. CFC is confident that workers were paid correctly on the Sausalito project, and will respond to the investigation if the labor commissioner investigator believes the allegations rise to the level of requiring a response from CFC. This is no basis to believe that CFC will not complete the City’s project as expected. B. Penalty Assessment from February 2021 In 2020, due to a minor oversight, CFC failed to update the wages of certain employees on a single project. Upon becoming aware of the issue, CFC quickly paid both the back wages and the penalty. Note that in the decades of public work that CFC has completed, this is the only reference that FFC could find claiming that CFC failed to pay correct wages. This one error that was rectified upon notice is no basis to deny CFC a finding of responsibility. C. Alleged Failure to Pay Apprenticeship Fees Contrary to FFC’s claims, CFC is connected with a certified apprenticeship program through the Association of Building Contractors and the Operating Engineer’s trust fund. CFC, therefore, does not pay apprenticeship fees to the California Apprenticeship Council directly. Thus, FFC’s letter from the California Apprenticeship Council provides no evidence that CFC is not responsible; CFC’s fees are required to go to a different organization per Cal. Lab. Code § 1777.5(m) (payments can be made to the California Apprenticeship Council or an “approved apprenticeship program”). None of this bears any weight on whether CFC can complete the work of the project as promised. 360 www.rjo.com ROGERS JOSEPH O'DONNELL Jeffrey Chou Associate Engineer City of South San Francisco, Engineering Division May 20, 2022 Page 3 545337.1 A Professional Law Corporation II. CONCLUSION FFC’s letter is untimely, it makes unsupported allegations, and it relies on documents which do not support its position. The City is therefore left with its original position: CFC is a responsive, responsible bidder, and the City should award the project. Argonaut Insurance Company agrees, and has provided a performance bond for the work and a payment bond for subcontractors. I trust that the City will award the project to CFC and receive a successful project as required by the specifications and the law. Please contact me if you have any questions. Very truly yours, Richard M. Harris RMH:sci Enclosure 361 CITY OF SOUTH SAN FRANCISCO INTER OFFICE MEMORANDUM DATE: June 2, 2022 TO: Mayor, Vice Mayor, and Councilmembers FROM: Eunejune Kim, Director of Public Works/City Engineer SUBJECT: Public Works Department Update Grand Avenue and Airport Blvd Streetscape Improvement Project (Content provided by Jeffrey Chou, Associate Engineer) The Grand Avenue and Airport Boulevard Streetscape Improvements Project (Project) is part of a larger effort undertaken by the City to improve pedestrian and bicycle accessibility and safety for neighborhoods within the project's vicinity and the City’s downtown area. The design of the project was also reviewed and approved by Caltrans. The Project will construct pedestrian and bicycle improvements that will close the gap between the West Plaza of the new South San Francisco Caltrain station, while further connecting bicyclist from the northern limits of the city to the downtown area and the new Caltrain station. The progress of the Project was previously shared at a January 15th, 2020, City Council Meeting with the preliminary conceptual design and in a Thursday Memo to Council with an updated progress design on April 1st, 2021. City staff has also presented the progress design of the Project to the City’s Bicyclist and Pedestrian Advisory Commission (BPAC) in 2021. Key features include: City’s first combination two-way pedestrian/bike crossing of Airport Boulevard at Grand Avenue. This exciting new feature includes an enlarged refuge area in the median which helps to serve the Caltrain station and downtown area with increased safety. Removal of the channelized right turn lane from northbound Airport Boulevard to eastbound Grand Avenue. The existing channelized right turn lane promotes higher speed vehicular travel and reduces pedestrian safety. Removal of this feature permits additional space for Caltrain station entry plaza, slows traffic, increases bike/ped safety, and does not affect traffic level of service. New Airport Boulevard dedicated bike lanes in both directions of Airport Boulevard between Grand and Miller. Currently this area is missing bike lanes. Per council feedback, we will work with the designer to add delineators at the buffer striping locations and include this new scope of work as a change order with the selected contractor. See note G below for more information. New Airport Boulevard dedicated bike lanes in both directions between Grand and Baden. Currently this area is missing bike lanes. The proposed green bike lane layout is a traffic engineering best practice utilized in areas of traffic weaving. The separated bike lane aligned on the left side of the vehicular right turn lane will eliminate the critical conflict of cars turning across bike traffic. Many traffic collisions are caused by a motorist’s improper turn and not yielding the right-of-way to the bicyclist or caused when the bicyclist is in the driver’s blind spot. The southbound right turn lane from Airport Boulevard to westbound 362 Public Works Department Update June 2, 2022 Page 2 of 5 Baden Avenue is required due to high vehicular volumes. See note E for more information. The pedestrian and bicyclist safety improvements include (please refer to the Pedestrian Bicycle Enhancements map with the “lettered” annotated notes below): (Attachment 1) A. Creating protected intersections at the southeast and southwest corners to enhance pedestrian and bicycle experience by providing refuge areas for bicyclists and pedestrians outside of vehicular travel way B. Reducing the length of the bicycle and pedestrian crossing by more than 50 feet across Airport Boulevard, which minimizes the amount of time pedestrian interface with vehicular traffic C. Removing the free right turn onto eastbound Grand Avenue to slow traffic and providing a bulb-out and refuge area for pedestrians and bicyclists separate of the vehicular travel way D. Installation of striped dedicated Class 2 bicycle lanes and dashed conflict zones (i.e., intersection crossings, driveways, bus stops, etc.) along Airport Blvd between Baden Ave and Miller Ave with green paint to increase visibility of bicycle facilities for vehicles. 363 Public Works Department Update June 2, 2022 Page 3 of 5 Green paint bike facility benefits: Promotes the multi-modal nature of a corridor. Increases the visibility of bicyclists. Increases bicyclist comfort though clearly delineated space. Increases motorist yielding behavior. Discourages illegal parking in the bike lane. Helps reduce bicycle conflicts with turning motorists. When used in conflict areas, raises motorist and bicyclist awareness to potential areas of conflict. Reinforces that through bicyclists have priority over turning vehicles or vehicles entering the roadway (from driveways or cross streets). Guides bicyclists through the intersection in a straight and direct path. The use of green striping and pavement markings is supported by the National Association of Transportation Officials (NACTO) as well. E. Between Grand Avenue and Baden Avenue in the southbound Airport Boulevard direction, the standard design from the Manual on Uniform Traffic Control Devices (MUTCD) indicates that bicycle traffic shall transition to the space between a dedicated right turn lane and thru lane where bicyclists continue straight through an intersection. Although, the bike lane weaving cannot be avoided, it is made safer with the proposed striping by increasing the awareness of the right-turning motorists to the presence of bicycles, by slowing motor vehicle traffic and by directing bicyclists to the correct position from which to ride through the intersection. Alternatively, moving the bike lane to the curb line will discourage the bicycle thru movement across the Baden intersection and will pose a conflict with the right turn vehicles turning across bike traffic at the intersection as many traffic collisions are caused by a motorist’s improper turn and not yielding the right-of-way to the bicyclist or caused when the bicyclist is in the driver’s blind spot. In turn, this alternative would direct bicyclists to turn right onto Baden Avenue and head in the eastbound direction along Baden in lieu of continuing southbound on Airport Boulevard. F. At the intersection of Miller Ave and Airport Blvd, new bike lanes and dashed conflict striping are extended across this intersection, guiding bicyclists, providing enhanced visual cues to vehicles of the presence of a bicycle facility, and connecting to the existing bike lanes along Airport Blvd. G. Installation of buffer striping, of typically 3 feet or more, between the bicycle and vehicular lanes for additional separation between cars and bikes where additional space is available in the existing street width and geometry (southbound Airport Boulevard between Miller 364 Public Works Department Update June 2, 2022 Page 4 of 5 Avenue and Grand Avenue; northbound Airport Boulevard between Baden Avenue and Grand Avenue). Buffered bike lane benefits: Provides greater shy distance between motor vehicles and bicyclists. Provides space for bicyclists to pass another bicyclist without encroaching into the adjacent motor vehicle travel lane. Provides a greater space for bicycling without making the bike lane appear so wide that it might be mistaken for a travel lane or a parking lane. Appeals to a wider cross-section of bicycle users. Encourages bicycling by contributing to the perception of safety among users of the bicycle network. Delineators or Safe hit post may be added at select locations where conflicting vehicle movements (i.e., driveways, bus stops, parking strips, truck movements for delivery vehicles, etc.) are not anticipated in the striped bicycle buffer zones as a means of providing an additional visual cue to drivers to avoid encroaching into adjacent bicycle facilities. Maintenance considerations such as difficulty of street sweeping and the frequency for repairs or replacement of the barriers should be considered when installing delineators. H. Installation of new traffic signal modifications with a new bicycle and pedestrian phase, inclusive of a bicycle-specific signal head, in the east-west direction across Airport Boulevard. While the bicycle and pedestrian phases are active, a red right turn arrow is active for vehicles waiting to complete right-turn movements from eastbound Grand Avenue on to southbound Airport Boulevard. This mitigates potential right-turn vehicle conflicts with bicyclists and pedestrians. I. Installation of a new traffic signal modification to include a new bicycle phase in the north- south direction across Grand Avenue. While the bicyclists are crossing Grand Avenue in the northbound direction, a red right turn arrow is active for vehicles in the right-turn lane on Airport Boulevard leading to eastbound Grand Avenue. This mitigates potential right- turn vehicle conflicts with bicyclists and pedestrians. J. At the US-101 and Airport Boulevard intersection north of Grand Avenue, the following improvements, visual cues, crossing reduction length solutions, and bicycle facility enhancements are included in the design: Reduction of the travel lane widths to 11 feet (standard lane widths are typically 12 feet) and pulling back and reducing the existing island to accommodate a dedicated bike lane. Green conflict zone skip boxes are also included across the US-101 intersection with Airport Boulevard to provide enhanced visual cues to vehicles of the presence of a bicycle facility through the off-ramp. 365 Public Works Department Update June 2, 2022 Page 5 of 5 Cross-hatch white striping was included on the existing US-101 on-ramp to visually narrow the length of the bicycle crossing and provide a larger refuge area for bicyclists moving the middle of the intersection. Please also note that these improvements were reviewed and approved by Caltrans. K. To further the larger connectivity goals planned for future project phases, designs have been carefully planned to align with the future bicycle lane along the southern side of Grand Avenue within minimal impacts to improvements proposed as part of this project. As this is the initial phase of the larger Grand Avenue Streetscape vision, the Project’s goal is to enhance the streetscape at this gateway intersection and provide immediate improvements to better link the downtown Grand Avenue district with the new Caltrain Station and Caltrain Plaza. If you have any questions, please feel free to contact Jeffrey Chou, Associate Engineer at jeffrey.chou@ssf.net. 366 CITY OF SOUTH SAN FRANCISCO INTER OFFICE MEMORANDUM DATE: June 2, 2022 TO: Mayor, Vice Mayor, and Councilmembers FROM: Eunejune Kim, Director of Public Works/City Engineer SUBJECT: Public Works Department Update Grand Avenue and Airport Blvd Streetscape Improvement Project (Content provided by Jeffrey Chou, Associate Engineer) The Grand Avenue and Airport Boulevard Streetscape Improvements Project (Project) is part of a larger effort undertaken by the City to improve pedestrian and bicycle accessibility and safety for neighborhoods within the project's vicinity and the City’s downtown area. The design of the project was also reviewed and approved by Caltrans. The Project will construct pedestrian and bicycle improvements that will close the gap between the West Plaza of the new South San Francisco Caltrain station, while further connecting bicyclist from the northern limits of the city to the downtown area and the new Caltrain station. The progress of the Project was previously shared at a January 15th, 2020, City Council Meeting with the preliminary conceptual design and in a Thursday Memo to Council with an updated progress design on April 1st, 2021. City staff has also presented the progress design of the Project to the City’s Bicyclist and Pedestrian Advisory Commission (BPAC) in 2021. Key features include: City’s first combination two-way pedestrian/bike crossing of Airport Boulevard at Grand Avenue. This exciting new feature includes an enlarged refuge area in the median which helps to serve the Caltrain station and downtown area with increased safety. Removal of the channelized right turn lane from northbound Airport Boulevard to eastbound Grand Avenue. The existing channelized right turn lane promotes higher speed vehicular travel and reduces pedestrian safety. Removal of this feature permits additional space for Caltrain station entry plaza, slows traffic, increases bike/ped safety, and does not affect traffic level of service. New Airport Boulevard dedicated bike lanes in both directions of Airport Boulevard between Grand and Miller. Currently this area is missing bike lanes. Per council feedback, we will work with the designer to add delineators at the buffer striping locations and include this new scope of work as a change order with the selected contractor. See note G below for more information. New Airport Boulevard dedicated bike lanes in both directions between Grand and Baden. Currently this area is missing bike lanes. The proposed green bike lane layout is a traffic engineering best practice utilized in areas of traffic weaving. The separated bike lane aligned on the left side of the vehicular right turn lane will eliminate the critical conflict of cars turning across bike traffic. Many traffic collisions are caused by a motorist’s improper turn and not yielding the right-of-way to the bicyclist or caused when the bicyclist is in the driver’s blind spot. The southbound right turn lane from Airport Boulevard to westbound 367 Public Works Department Update June 2, 2022 Page 2 of 5 Baden Avenue is required due to high vehicular volumes. See note E for more information. The pedestrian and bicyclist safety improvements include (please refer to the Pedestrian Bicycle Enhancements map with the “lettered” annotated notes below): (Attachment 1) A. Creating protected intersections at the southeast and southwest corners to enhance pedestrian and bicycle experience by providing refuge areas for bicyclists and pedestrians outside of vehicular travel way B. Reducing the length of the bicycle and pedestrian crossing by more than 50 feet across Airport Boulevard, which minimizes the amount of time pedestrian interface with vehicular traffic C. Removing the free right turn onto eastbound Grand Avenue to slow traffic and providing a bulb-out and refuge area for pedestrians and bicyclists separate of the vehicular travel way D. Installation of striped dedicated Class 2 bicycle lanes and dashed conflict zones (i.e., intersection crossings, driveways, bus stops, etc.) along Airport Blvd between Baden Ave and Miller Ave with green paint to increase visibility of bicycle facilities for vehicles. 368 Public Works Department Update June 2, 2022 Page 3 of 5 Green paint bike facility benefits: Promotes the multi-modal nature of a corridor. Increases the visibility of bicyclists. Increases bicyclist comfort though clearly delineated space. Increases motorist yielding behavior. Discourages illegal parking in the bike lane. Helps reduce bicycle conflicts with turning motorists. When used in conflict areas, raises motorist and bicyclist awareness to potential areas of conflict. Reinforces that through bicyclists have priority over turning vehicles or vehicles entering the roadway (from driveways or cross streets). Guides bicyclists through the intersection in a straight and direct path. The use of green striping and pavement markings is supported by the National Association of Transportation Officials (NACTO) as well. E. Between Grand Avenue and Baden Avenue in the southbound Airport Boulevard direction, the standard design from the Manual on Uniform Traffic Control Devices (MUTCD) indicates that bicycle traffic shall transition to the space between a dedicated right turn lane and thru lane where bicyclists continue straight through an intersection. Although, the bike lane weaving cannot be avoided, it is made safer with the proposed striping by increasing the awareness of the right-turning motorists to the presence of bicycles, by slowing motor vehicle traffic and by directing bicyclists to the correct position from which to ride through the intersection. Alternatively, moving the bike lane to the curb line will discourage the bicycle thru movement across the Baden intersection and will pose a conflict with the right turn vehicles turning across bike traffic at the intersection as many traffic collisions are caused by a motorist’s improper turn and not yielding the right-of-way to the bicyclist or caused when the bicyclist is in the driver’s blind spot. In turn, this alternative would direct bicyclists to turn right onto Baden Avenue and head in the eastbound direction along Baden in lieu of continuing southbound on Airport Boulevard. F. At the intersection of Miller Ave and Airport Blvd, new bike lanes and dashed conflict striping are extended across this intersection, guiding bicyclists, providing enhanced visual cues to vehicles of the presence of a bicycle facility, and connecting to the existing bike lanes along Airport Blvd. G. Installation of buffer striping, of typically 3 feet or more, between the bicycle and vehicular lanes for additional separation between cars and bikes where additional space is available in the existing street width and geometry (southbound Airport Boulevard between Miller 369 Public Works Department Update June 2, 2022 Page 4 of 5 Avenue and Grand Avenue; northbound Airport Boulevard between Baden Avenue and Grand Avenue). Buffered bike lane benefits: Provides greater shy distance between motor vehicles and bicyclists. Provides space for bicyclists to pass another bicyclist without encroaching into the adjacent motor vehicle travel lane. Provides a greater space for bicycling without making the bike lane appear so wide that it might be mistaken for a travel lane or a parking lane. Appeals to a wider cross-section of bicycle users. Encourages bicycling by contributing to the perception of safety among users of the bicycle network. Delineators or Safe hit post may be added at select locations where conflicting vehicle movements (i.e., driveways, bus stops, parking strips, truck movements for delivery vehicles, etc.) are not anticipated in the striped bicycle buffer zones as a means of providing an additional visual cue to drivers to avoid encroaching into adjacent bicycle facilities. Maintenance considerations such as difficulty of street sweeping and the frequency for repairs or replacement of the barriers should be considered when installing delineators. H. Installation of new traffic signal modifications with a new bicycle and pedestrian phase, inclusive of a bicycle-specific signal head, in the east-west direction across Airport Boulevard. While the bicycle and pedestrian phases are active, a red right turn arrow is active for vehicles waiting to complete right-turn movements from eastbound Grand Avenue on to southbound Airport Boulevard. This mitigates potential right-turn vehicle conflicts with bicyclists and pedestrians. I. Installation of a new traffic signal modification to include a new bicycle phase in the north- south direction across Grand Avenue. While the bicyclists are crossing Grand Avenue in the northbound direction, a red right turn arrow is active for vehicles in the right-turn lane on Airport Boulevard leading to eastbound Grand Avenue. This mitigates potential right- turn vehicle conflicts with bicyclists and pedestrians. J. At the US-101 and Airport Boulevard intersection north of Grand Avenue, the following improvements, visual cues, crossing reduction length solutions, and bicycle facility enhancements are included in the design: Reduction of the travel lane widths to 11 feet (standard lane widths are typically 12 feet) and pulling back and reducing the existing island to accommodate a dedicated bike lane. Green conflict zone skip boxes are also included across the US-101 intersection with Airport Boulevard to provide enhanced visual cues to vehicles of the presence of a bicycle facility through the off-ramp. 370 Public Works Department Update June 2, 2022 Page 5 of 5 Cross-hatch white striping was included on the existing US-101 on-ramp to visually narrow the length of the bicycle crossing and provide a larger refuge area for bicyclists moving the middle of the intersection. Please also note that these improvements were reviewed and approved by Caltrans. K. To further the larger connectivity goals planned for future project phases, designs have been carefully planned to align with the future bicycle lane along the southern side of Grand Avenue within minimal impacts to improvements proposed as part of this project. As this is the initial phase of the larger Grand Avenue Streetscape vision, the Project’s goal is to enhance the streetscape at this gateway intersection and provide immediate improvements to better link the downtown Grand Avenue district with the new Caltrain Station and Caltrain Plaza. If you have any questions, please feel free to contact Jeffrey Chou, Associate Engineer at jeffrey.chou@ssf.net. 371 255 SHORELINE DRIVE SUITE 200 REDWOOD CITY, CA 94065 (650) 482-6300 www.bkf.com PEDESTRIAN BICYCLE ENHANCEMENTS GRAND AVE - AIRPORT BLVD, SOUTH SAN FRANCISCO A A B C D D E F G G H I J K 372 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-466 Agenda Date:6/8/2022 Version:1 Item #:14a. Resolution awarding a construction contract to CF Contracting,Inc.of San Francisco,California for the Grand Avenue and Airport Boulevard Streetscape Improvements Project (No.ST1801,Bid No.2657)in an amount not to exceed $3,188,285,authorizing a total construction contract authority budget of $3,825,942,and authorizing the City Manager to execute the agreement on behalf of the City. WHEREAS,the Grand Avenue and Airport Boulevard Streetscape Improvements Project (“Project”)will improve pedestrian and bicycle connections and safety from the West Plaza of the new South San Francisco Caltrain Station to Grand Ave and the Downtown area; and WHEREAS,the City issued a notice inviting bids for the project on March 22,and March 29,2022,and on May 3, 2022, staff received four (4) bid proposals in response; and WHEREAS, CF Contracting, Inc. of San Francisco, California was the lowest responsible bidder and provided competitive unit prices; and WHEREAS, staff recommends awarding the construction contract to CF Contracting, Inc. of San Francisco, California in an amount not to exceed $3,188,285, which is the total for the base bid; and WHEREAS, staff also requests the City Council to authorize a construction contract authority budget of $3,188,285, with additional $637,657 contingency, totaling a construction budget of $3,825,942 for the Project; and WHEREAS, the Project is included in the City of South San Francisco’s fiscal year (FY) 2021-22 Capital Improvement Program (Project No. ST1801) with sufficient funds in FY 2021-2022 to cover the initial construction costs through the end of the current fiscal year. NOW,THEREFORE,BE IT RESOLVED,by the City Council of the City of South San Francisco that the City Council hereby awards a construction contract,a draft of which is attached hereto and incorporated herein as Exhibit A,for the Grand Avenue and Airport Boulevard Streetscape Improvements Project to CF Contracting, Inc.of San Francisco,California,in an amount not to exceed $3,188,285 conditioned on CF Contracting,Inc.’s 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. BE IT FURTHER RESOLVED the City Council authorizes a total construction contract authority budget of $3,825,942 and authorizes the City Manager to utilize unspent amount of the total Project budget,if necessary, towards additional construction contingency budget. BE IT FURTHER RESOLVED that the City Engineer is hereby authorized to approve the plans and City of South San Francisco Printed on 6/9/2022Page 1 of 2 powered by Legistar™373 File #:22-466 Agenda Date:6/8/2022 Version:1 Item #:14a. BE IT FURTHER RESOLVED that the City Engineer is hereby authorized to approve the plans and specifications for said project on behalf of the City. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the construction contract in substantially the same form as Exhibit A and any other related documents on behalf of the City upon timely submission by CF Contracting,Inc.of the signed contract 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 staff report or resolution. ***** City of South San Francisco Printed on 6/9/2022Page 2 of 2 powered by Legistar™374 EXHIBIT A – DRAFT AGREEMENT FOR PUBLIC IMPROVEMENTS Page A-1 of 12 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 CF CONTRACTING, 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 May 25th, 2022, 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. 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 GRAND AVENUE AND AIRPORT BLVD STREETSCAPE IMPROVEMENT PROJECT; PROJECT NO.ST1801; BID NO. 2671; 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 installed 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. 375 Page A-2 of 9 (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 October 15, 2021 (F) Part IV – Project Plans, approved March 22, 2022 (G) Administrative subsections of the State Standard Specifications dated 2018, as specifically referenced in contract Parts I-IV and as revised in RSS dated October 15, 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: GRAND AVENUE AND AIRPORT BLVD STREETSCAPE IMPROVEMENT PROJECT PROJECT NO.ST1801; BID NO. 2671 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 THREE MILLION ONE HUNDRED EIGHTY-EIGHT THOUSAND TWO HUNDRED EIGHTY-FIVE DOLLARS ($3,188,285). 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 it 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 such 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. 376 Page A-3 of 9 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 terminate 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 under 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. 377 Page A-4 of 9 (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: 378 Page A-5 of 9 (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 payments 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 under 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. 379 Page A-6 of 9 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 alleged 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". 380 Page A-7 of 9 (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 not 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 South 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 381 Page A-8 of 9 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. 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: _________________________________________________________________________ 14. 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 nine (9) pages (being pages A-1 through A 9), 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. 382 Page A-9 of 9 CITY: City of South San Francisco, CONTRACTOR:_CF Contracting, Inc._ a municipal corporation __________________________________ By: _____________________________ By:_______________________________ Mike Futrell, City Manager NAME AND TITLE (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 383 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" or “Owner,” 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. 384 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. 385 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 386 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-471 Agenda Date:6/8/2022 Version:1 Item #:15. Report regarding a resolution confirming the change in solid waste collection rates to be collected by the South San Francisco Scavenger Company effective July 1,2022.(Paul Harris,Financial Services Manager) RECOMMENDATION It is recommended that the City Council adopt a resolution confirming the change in solid waste collection rates to be collected by the South San Francisco Scavenger Company, effective July 1, 2022. BACKGROUND/DISCUSSION On July 9, 1997, the City Council approved a franchise agreement (“Franchise Agreement”) for collection and disposal of solid waste with the South San Francisco Scavenger Company (“SSFSC”). Under the terms of the Franchise Agreement, solid waste rates are adjusted every three years based on a rate survey of cities throughout the San Francisco Bay Area. For the two years following the survey year, rates are adjusted based on 80% change in Consumer Price Index for San Francisco- Oakland-Hayward published by United States Bureau of Labor Statistics. FY 2022-23 is year two of this three-year cycle. Based on data from United States Bureau of Labor Statistics, staff has confirmed that 80% of CPI change from February 2021 to February 2022 is 5.19% as presented in the documents submitted by SSFSC (see attachment 1). The CPI for this period is higher than in previous years due to inflationary pressures caused in part by continuing supply chain issues stemming from the COVID-19 pandemic which have resulted in increased energy prices and the cost of capital equipment and operating supplies. In addition, the continuing effects of labor shortages due to pandemic restrictions in the last couple years have increased labor costs and employee benefits. It is important to note that given that the CPI used in the calculation runs through February 2022, the effect of the Russian invasion of Ukraine, particularly in the energy sector, is yet to be felt in the CPI calculation. This will be seen in the rate adjustment next year and may well contribute to an adjustment in the same range. The Second Amendment to the Franchise Agreement, regarding the transport of sewage sludge, states that the tonnage rate is also subject to same increase based on 80% of CPI change. Therefore, the current rate of $63.29 per ton would increase to $66.57. The Fourth Amendment to the Franchise Agreement states that the monthly Source Reduction and Recycling Element Franchise fee (“SRRE fee”) that SSFSC pays to the city is subject to the same increase based on the 80% of CPI and would therefore increase from $17,435.36 per month to $18,340.26 per month. The next rate survey is due on March 31, 2024. City of South San Francisco Printed on 6/3/2022Page 1 of 2 powered by Legistar™387 File #:22-471 Agenda Date:6/8/2022 Version:1 Item #:15. FISCAL IMPACT The City will receive an additional $10,858.80 SRRE fee, over the course of the next fiscal year, from SSFSC to support landfill monitoring, landfill remediation and reducing the City’s stream of solid waste within the city boundaries. A copy of the full rate proposal is attached for Council’s information (Attachment 1) along with the Franchise Agreement (Attachment 2). CONCLUSION Adopting the associated resolution will confirm that the Scavenger’s proposed adjustments to solid waste rates satisfy the terms of the Franchise Agreement with the City. Attachments: 1. Rate Application Letter and Calculation from South San Francisco Scavenger Company including Rate Schedule 2. Franchise Agreement and all Amendments between City and South San Francisco Scavenger Company 3. SSF Scavenger Company Presentation City of South San Francisco Printed on 6/3/2022Page 2 of 2 powered by Legistar™388 389 390 391 392 393 AGREEMENT FOR THE COLLECTION AND DISPOSAL OF SOLID WASTE MATTER IN THE CITY OF SOUTH SAN FRANCISCO This A~eement, dated JU.~ 'i , , 1 997, is made by and between the City of South San Francisco, a municipal coq~oration (hereinafter "City"), and South San Francisco Scavenger Company, Inc., a California corporation (hereinafter "Scavenger Company''), with reference to the following: WHEREAS, the Integrated Waste Management Act of 1.989 ("AB 939") requires that City divert fifty percent (50%) of its waste stream from landfills by the year 2000; and WHEREAS, City and Scavenger Company have determined that the primary method for City to satisfy this requirement will be to increase the recycling and reuse of materials otherwise disposed of in landfills; and WHEREAS, the most contemporary public education and recycling pro~ams, and a modem materials recovery facilit)' capable of diverting greater amounts of solid waste, will be needed to accomplish such result; and WHEREAS, such new programs and facility will entail a significant, long-term financial investment; and WHEREAS, City desires for Scavenger Company to assume, and Scavenger Company is willing to assume, the obligation to ensure that compliance with the requirements of AB 939 is achieved, subject to the terms and conditions in this Agreement and applicable law; and WHEREAS, City desires, and Scavenger Company is willing to provide, an indemnity, on the terms and conditions in tfiis Agreement, against penalties assessed for failure to meet the 50% diversion requirement under AB 939; and WHEREAS, City desires to provide adequate, ongoing service revenues to fund the required programs and facilities while assurmg City's residents and businesses of service rates that are competitive with those charged in neighboring communities; and WHEREAS, Scavenger Company currently collects and disposes of solid waste matter accumulated in the City pursuant to an exclusive franchise agreement with City entitled AGREEMENT FOR THE COLLECTION AND DISPOSAL OF SOLID WASTE REFUSE IN THE CITY OF SOUTH SAN FRANCISCO and dated August 1, 1990 (hereinafter the "Prior Franchise Agreement"); and WHEREAS, Scavenger Company currently collects and sells recyclable materials generated in City pursuant to an exclusive franchise agreement with City entitled AGREEMENT TO PROVIDE RECYCLING SERVICES and dated July 20, 1989 (hereinafter the "Prior Recycling Agreement"); and Attachment 2 1 of 40 394 WHEREAS, the parties wish to assure the health, safety anci public welfare of the City's residents andbusinesses by providing efficient services for recycling and the collection and disposal of all solid waste generated in the City pursuant to the terms of a long-term agreement providing for competitive service rates; NOW, THEREFORE, the parties agree as follows: 1. Franchise Grant. I. I City hereby gi::ants to Scavenger Company, and Scavenger Company hereby accepts from City, the exclusive franchise right and privilege, subject only to Section I .3 below, as City's Scavenger and Authorized Recycling Agent under applicable law, to collect, remove, transport, recycle, compost and dispose of all solid waste generated in City in accordance with the provisions of City's laws and regt!lations pertaining to the accumulation, collection and removal thereof and any applicable State and Federal statutes or administrative rules. I .2 All solid waste collected by Scavenger Company pursuant to this Agreement shall become the property of Scavenger Company upon its possession tnereof; provided that nothing in this section shall be deemed a waiver by City of its rights and duties under this .Agreement. (a) To the extent permitted by apRlicable law, City agrees to take such steps as may be reasonably necessary to protect Scavenger Company's ownership of sohd waste, including recyclable materials, placed at the curbside or designated collection location for collection by Scavenger Company under the terms of this Agreement. City and Scavenger Company shall also cooperate to protect Scavenger Company's exclusive rights to collect all solid waste, including recyclable materiafs, in accordance with the terms hereof, to the extent permitted by applicable law. I .3 The franchise to collect, remove, transport, recycle, compost and dispose of solid waste (including recyclable materials) granted to Scavenger Company hereunder shall, througfiout the term hereof and in all respects, 5e exclusive, except as otherwise provided by applicable law and as follows: (a) recyclable materials and salvageable materials generated at any residential, commercial and industrial or institutional property that are source separated may be transported personally by the generating person for donation to or collection by a collection or processing facility tnat has been duly approved and authorized as such by a governmental or other appropriate authority, including beverage containers recycled at authorized facilities under the California Beverage Container Recycling Litter Reduction Act; (b) recyclable materials and salvageable materials generated at any residential, commercial and industrial or institutional property tnat are source separated may be sold or donated by the generating person to any charitable entity; ( c ) recyclable materials and salvageable materials generated at any residential, commercial and industrial or institutional property that are source separated may be accumulated by the generating person fur collection and collected 2 2 of 40 395 by licensed junk collectors; (d) solid waste generated at any residential, commercial and industrial, or institutional property may be personally transported by the person generating same to any transfer station or materials recovery facility; (e) yard waste removed from a residential, commercial and industrial or institutional property by a gardening, landscaping or tree trimming contractor as an incidental part of a comprenensive service offered by such contractor, rather than as a hauling service, may be oisposed of by such contractor at any licensed landfill, transfer station or materials recovery facility; (f) construction debris and demolition debris removed from a residential, commercial and industrial or institutional property by a licensed construction or demolition contractor using its own employees and equipment as an incidental part of a comprehensive service offered by such contractor, rather than as a hauling service, may be oisposed of by such contractor at any transfer station or materials recovery facility; and (g) hazardous waste and household hazardous waste may be disposed of in any lawful manner. 1.4 Except as expressly provided herein, this Agreement shall supersede the Prior Franchise Agreement and tile Prior Recycling Agreement as of the effective date set forth in Section 3 below, when such Prior A~eements shall cease to have any effect (except for periods prior to such effective oate). In particular, the amount remaining in the oalancing account under the Prior Francfiise Agreement as of the effective aate of the new franchise granted hereunder shall be eliminated without cost to City. 2. Definitions. 2.1 "Charitable entity" means any not-for-profit organization or entity maintained for community service, education or the public good, including service clubs, scouting organizations, religious and educational organizations and recognized charities. 2.2 "Collect" or "collection" means the collection, transportation, and removal of solid waste within and from City. 2.3 "Commercial and industrial property" means property upon which business activity is conducted, including out not limited to retail sales, services, wholesale operations, manufacturing ano industrial operations, but excluding businesses conducted upon residential property whicfi are permitted under applicable zoning regulations and are not the primary use of the property. 2.4 "Construction debris" means construction materials generated during the construction or renovation of a residential, commercial and industrial or institutional property. 3 3 of 40 396 2.5 "Containers" means any and all types of solid waste receptacles including but not limited to rectangular bins, cylindrical containers commonly available at retail stores for residential use, and any and all other kinds of receptacles, irrespective of size or shape. 2.6 "Demolition debris" means used construction materials generated during the razing or renovation of a residential, commercial and industrial or institutional property. 2. 7 "Hazardous waste" means all substances defined as hazardous waste, acutely hazardous waste or extremely hazardous waste by the State of California, or identified as hazardous waste by the U.S. Environmental Protection Agency, under applicable laws or regulations. 2.8 "Household hazardous waste" means hazardous household waste generated at residential properties within the City. 2.9 "Institutional property" means the premises or site of any governmental entity, including city, county, state and/or federal buildings, public schools, colleges, and public recreational sites. 2.10 "Licensed junk collector" means a person that is licensed with City to collect source separated recyclable materials and source separated salvageable materials from the person generating such materials in accordance with applicable law. 2.11 "Recyclable materials" means solid waste which may be reused or processed into a form suitable for reuse through reprocessing or remanufacture consistent with the requirements of AB 939, including, without limitation, paper, newsRrint, printed matter, pasteboard, paper containers, cardboard, glass, aluminum, PET, HOPE, and other plastics, beverage containers, compostable materials (including yard waste), and wood, bricl< and stone in reusable size and condition. Recyclabfe materials shall include those items of construction debris and demolition debris which are described in this Section 2.11. 2.12 "Residential property" means property used for residential purposes, irrespective of whether such dwelling units are rental units or are owner-occupied. Complexes of four or more units, wfiether in a single structure, or connected structure, or series of structures may be subject to procedures and rates which differ from other lower density residential properties. 2.13 "Salvageable materials" means used articles capable of being restored or resold for reuse, in either case without reprocessing or remanufacture, including antiques, used building supplies and automobiles and automobile parts. Salvageable materials shall include those items of construction debris and demolition debris which are described in this Section 2.13. 2.14 "Solid waste" means all putrescible and nonputrescible residential refuse, commercial solid waste, institutional solid waste, garbage, yard waste and rubbish as defined in Public Resources Code Section 40191, mcluaing, without limitation, for 4 4 of 40 397 the purposes of this Agreement construction debris, demolition debris, recyclable materials and salvageable materials, but excluding hazardous waste and household hazardous waste. 2.15 "Source separated," as to recyclable materials, means recyclable materials that have been separatea from solid waste that is not recyclable material and from all other types of recyclable materials by the person generating such solid waste or recyclable materials at the residential, commerciaf and industrial or institutional property where such solid waste or recyclable materials are generated to form one readily identifiable category of recyclable material as set forth in Section 2.11 above that is saleable without 1urther sorting. "Source separated," as to salvageable materials, means salvageable materials that have been separated from solid waste that is not salvageable material by the person generating sucli solid waste or salvageable materials at the residential, commercial and industrial or institutional property where such solid waste or salvageable materials are generated. (For example, cari:lboard that has been separated by a 5usiness from glass, PET plastic and wet garbage is source separated so long as the separation is accomplisheo by the generator at the commercial and industrial property where all of such items are generated and all of such items are generated by such business.) 2.16 "Yard waste" means tree trimmings, grass cuttings, dead plants, leaves, branches and dead trees (not more that six (6} inches in diameter) ano similar materials generated at a residential, commercial and industrial or institutional property. 3. Term. 3.1 The term of the franchise shall be for a period of twenty (20) years, commencing on the effective date of November 1, 1 g97 and ending October 31, 2017. 3.2 Subject to Section I 0.2 of this Agreement, Scavenger Company shall have one ( 1) option to extend this Agreement and the franchise granted hereunder on the terms and conditions herein for a period of ten ( 10) years commencing November 1, 2017 and ending October 31, 2027. Notice of Scavenger Company's exercise of such option must oe g_!ven at least six (6) months prior to October 31, 2007. City shall endeavor to notify Scavenger Company in writing of this deadline at least nine (9) months prior to October 31, 2007, provided that City's failure to do so shall not serve to extend the deadline. The option to extend hereunder may not be exercised unless Scavenger Company shall be in material compliance with the terms of this Agreement at the time of exercise and on October 31, 2017. 3.3 Prior to Scavenger Company's exercise of its option to extend, the parties shall meet to review the terms and conditions of this Agreement in light of changes in circumstances and conditions affecting the subject matter hereof that have occurred since the date hereof. Each party hereby agrees to use its best efforts to identify and agree to any modifications in such tem1s and conditions needed to fairly and reasonably address any such changes in circumstances and conditions. 5 5 of 40 398 4. Franchise Fee. 4.1 On or before the twentieth (20th) day of each month during the term of this franchise, Scavenger Company shall remit to City a sum of money equal to seven percent (7%) of the gross revenues collected by Scavenger Company from customers within the City limits during the preceding calendar month as a franchise fee. If the franchise fee is not paid on or before the twentieth (20th) day of any month, a late payment fee in an amount equal to eighty-three one-hundredths of a percent (0.83%) of the amount owing per month will tie charged for each thirty (30) day period the franchise fee remains unpaid. 4.2 Each monthly remittance to City shall be accompanied by a statement detailing gross revenue of Scavenger Company from customers for the period covered from operations conducted or permitted pursuant to this Agreement. In addition, Scavenger Company shall maintain copies of all billings and collection records for three (3) years following the date of billing for inspection and verification by City. 5. Services. 5 .1 Solid Waste. Scavenger Company shall collect and dispose of all solid waste (other than source separatea recyclaole materials, which are subject to Section 5.2 below) generated by any person at every residential, commercial and industrial, and institutional property within City at least once each week on a regularly scheduled day in accordance with this Agreement. 5 .2 Re~clable Materials. Scavenger Company shall collect all source separated recyclale materials generated by any person at every residential property (excluding multiple-unit residences) within City at least once each week on a re~larly scheduled day in accordance with this Agreement, except that yard waste shall be collected from such properties at least once every two weeks. Scavenger Company shall collect all source separated recyclable materials generated by any person at every commercial and industrial, institutional and multiple-unit residential property withm City upon a schedule established between Scavenger Company and each generating person (or the owner, landlord or property manager, in the case of multiple-unit residential properties), but not less frequently than is required to expeditiously collect sucn recyclable materials, without creating storage, health, or safety hazards. (a) Scavenger Company may refuse to collect recyclable materials generated by, and shall not be obligated to continue to provide any recxcling receptacle or container to, any person who after reasonable warning, fails to sort recyclable materials properly, or fails or refuses to allow Scavenger Company to collect, on an exclusive basis, said person's recyclable materials. Scavenger Company shall report to City any warning notices issued by Scavenger Company for this purpose, and City shall investigate same to determine whether the person receiving the notice has violated the applicable ordinance. 5.3 Changes: Missed Pick-Ups. Scavenger Company shall not alter or adjust collection services without providing prior notice to all service addresses, and any schedule modifications shall not resuft in reduced service frequency to any customer. 6 6 of 40 399 Scavenger Companl. shall collect and remove solid waste and recyclable materials from any premises 'missed" or "skipped" during the re~larly scheduled time, within one (I) working day after demand for collection is made by the customer or City. 5.4 Containers-Solid Waste. Scavenger Company shall collect solid waste from containers of a size and weight customarily sold for use upon residential property and which, when filled, are safely capable of being handled by one person, provided that such containers have lids capable of preventing solid waste from spilling out under normal circumstances. Nothing in this section shall be deemed to precluae the use of bins or other containers of a size and shape acceptable to Scavenger Company and, in the event City and Scavenger Company shall institute new programs hereunder which require bins or other containers of a particular size and Shape, customers on residential properties shall use bins or other containers meeting such requirements. 5.5 Containers-Recyclable Materials. (a) Single Unit Residential. Scavenger Company shall provide and distribute one set of residential recycling containers, at no cost in addition to the monthly rates, to each residential property (other than multiple-unit residential properties) in City. The recycling containers are those contamers described in the attached Schedule 1, entitled "Recycling Containers," or other similar containers mutually agreed upon by Scavenger Company and City. The cost of supplying such recycling containers shall be borne by Scavenger Company, at no cost in addiuon to the monthly rates. (i) Replacement of Containers. The 2arties acknowledge that from time to time a single unit residential generator may aamage or destroy the recycling containers supplied by Scavenger Company, and that such unusual loss or damage would not be considered within the reasonable control of the residential generator. Scavenger Company agrees that it will encourage the residential generator to replace said recycling containers at the expense of the residential generator. To this end, Scavenger Company shall make sets of three (3) such recycling containers available for purchase by any single unit residential generator at a price not to exceed the prevailing cost to Scavenger Company. The parties also acknowledge that from time to time residential recycling containers may be stolen from the cuib. When notified of such occurrence, Scavenger Company shall rerlace, at no charge to the single unit residential generator, not more tnan a reasonable number of times, the stofen container(s). Tile frequency with which this shall occur shall be determined mutually between City and Scavenger Company. Following the distribution of a recycling container to each single unit residential property, -Scavenger Company shall not be required to purchase or provide additional recycling containers to such property unless requested to do so by City, or as replacement containers are needed by a residential generator because of unusual loss or damage beyond the reasonable control of the resident as described above. In the event City requests Scavenger Company to provide additional single unit residential recycling containers, th.e cost of the containers and the distribution thereof shall be borne by City, except as provided above. (b) Multiple-Unit Residential. Commercial and Institutional. Scavenger Company shall also make available recycling containers for each 7 7 of 40 400 multiple-unit residential, each commercial and industrial and each institutional property, within City of a size and shape suitable for each such location. The cost of supplying, repairing, and replacing such recycling containers shall be borne by Scavenger Company. ( c ) Ownership. The ownership of all recycling containers purchased b_y Scavenger Company under this Agreement shall be and remain with Scavenger Company. 5.6 Personnel and Equipment. Scavenger Company shall furnish the personnel, labor and equipment required for the collection, removal, handling and oisposal of all solid waste generateo within the corporate limits of the City. 5. 7 Disposal Facilities. Scavenger Company shall haul all solid waste collected by it in City to the existing transfer station operated by Blue Line Transfer, Inc., a related party entity. As soon as the Blue Line Transfer, Inc. relocated transfer station and materials recovery facility referred to in the Recitals above are operational, Scavenger Company shall haul all solid waste collected by it in City to such facility. All of such sohd waste that is neither recyclable nor salvageable shall be hauled to a licensed and suitable disposal facility (i.e., landfill) located outside City selected by Scavenger Company. In the event that such a disposal facility is not readily available due to no fault of Scavenger Company, or due to events beyond the control of Scavenger Company, such as acts of God,~public emergency, strike or lockout by employees of another entity, Scavenger Company shall use its best efforts to locate such a disposal facility, but shall not be held liable to the extent that such lack of disposal facility prevents the hauling of solid waste to a site outside City. 5.8 Local Office. Scavenger Company shall maintain an office where service may be apflied for and complaints made. The address and telephone number of such office shal re~larly be included in customer billin~s and service information distributed to the public. Scavenger Company's office shall have a responsible individual available daily between the hours of eight o'clock a.m. and five o'clock p.m., excepting Saturday, Sunday and holidays. Calls for "missed" collections shall be received 24 hours per day. 5.9 Pick-Ups at City Facilities. Scavenger Company shall remove, without charge, all solid waste generated at all City facilities (of the nature and in the amounts currently collected) at least once per week, but Scavenger Company may charge all other public agencies for services rendered at the same rates and on the same basis as pnvate firms or individuals are charged for similar services. 5.10 Annual Ci~de Clean-Up. Scavenger Comr.any shall provide one annual free all purpose ltY-wide collection, at wnich it Will accept all nature of solid waste, except hazardous waste and household hazardous waste. The dates for such collections shall be publicized in advance by Scavenger Company. The collection shall be made each year throughout the term of this franchise in accordance with R_ractices and procedures established by Scavenger Company, and approved by the City Manager. 5.11 Additional Services. Scavenger Company shall provide additional 8 8 of 40 401 services upon request of City, or UJ?On the proposal of Scavenger Company as approved by City pursuant to Section 5.13 below, subject, if tbe costs incurred by 5cavenger Company to provide such services increase, to the establishment by mutual written agreement of a reasonable rate therefor. 5.12 Permits and Licenses. Scavenger Company shall obtain and maintain throughout the term of the franchise all permits, licenses and approvals necessary or required for Scavenger Company to 2erform the work and services described herein. City shall cooperate with Scavenger Comfany in connection with such permits, licenses and approvals, and shall renew al such permits, licenses and approvals issued by City, proviaed that Scavenger Company is not in material breach of this Agreement and provided Scavenger Company shall have fulfilled all existing requirements for the renewal of such permits, licenses and approvals. 5.13 Diversion Requirement. (a) Pro r m ··AB 3 Co · I emnification. In order to achieve compliance wit the fifty percent ( 0%) or, if applicable, lesser diversion requirement of AB 939, Scavenger Company shall propose and implement various recycling, solid waste reduction, public education and reporting programs for City and its residents, including the basic elements set forth in Exhibit "A" attached to this Agreement. (Scavenger Company shall continue to propose and implement new or improved pro~ams tor so long as compliance with AB 939's diversion requirements is legally requirea.) Subject to tfie conditions set forth in Section 5.13(b) below, Scavenger Company hereby agrees (I ) to divert the percentage of the City's solid waste, and perform such other actions, as necessary to achieve compliance with the requirements of AB 939 as it may be amended from time to time; and (ii) to protect, defend and indemnify City and its Council, boards, commissions, officers, agents, representatives and employees against all fines or penalties imposed, after reasonable contest, by the California Integrated Waste Management Board as the result of the failure to meet such 50% or, if applicable, any lesser percentage diversion requirement imposed under AB 939 as it may be amended from time to time; provided, that Scavenger Company is given the opportunitx to jointly control the contest of any such fines and/or penalties so imposed with City. (b) City Responsibilities. Other Factors. Notwithstanding any other provision in this Agreement, Scavenger Company's obligations pursuant to Section 5.13(a), above, relating to AB 939 compliance and indemnification shall depend upon: (I) City taking all actions necessary to implement programs and adopt reasonable rate increases as proposed by Scavenger Company in accordance herewith; (ii) City considering, enacting, administering, and enforcing approJ?riate laws, regulations, incentives and sanctions necessary to assure the exclusive nature of Scavenger Company's franchise rights hereunder and to gain the waste diversion participation of residential properties, commercial and industrial properties and instituuonal properties withm City as deemed reasonably necessary to ensure diversion goal compliance; (iii) The fines or penalties which give rise to such indemnification obligations, or the failure to achieve AB 939 compliance, not 9 9 of 40 402 resulting from the negligent or willful acts or omissions of City (excluding for this pmyose any neg~igent or willful acts or omissions by Scavenger Company that would be imputed to City); (iv) Scavenger Company not being required by City or by a change in applicable law or regulation to cease performing any of its recycling or other services which contribute to landfill diversion; and (v) There being no change in any applicable law or re~lation which materially impairs Scavenger Company's ability to find bona fide end users of recyclable materials. ( c ) Unforeseeable Circumstances. In the event that Scavenger Company shall have used its best efforts consistent with Exhibit "A" to ensure that the 50% (or lesser) diversion requirement of AB 939 is achieved, but shall determine that such requirement may nonetheless not be satisfied, Scavenger Company shall give City prompt written notice of such determination. City ano Scavenger Company shall then meet promptly to decide whether to increase rates beyond the rates calfed for in Section 6 below to fund additional efforts which were unforeseeable on the date hereof and which Scavenger Company has reasonably not undertaken to date (excluding any residential yard waste program, and excluding the construction and operation of a new materials recovery facility in a commercially reasonable manner for the purpose of achieving compliance with AB 939's diversion requirements) to satisfy such diversion requirement, provided that, if City is unwilling to do so, Scavenger Company snail be relieved of its AB 939 compliance and indemnification obligations set forth in Section 5.13(a) above. 6. Rates. 6.1 Establishment of Rates. The maximum service rates specified in Exhibit "B" to this Agreement have been agreed upon by City and Scavenger Company and shall take effect on the effective date of d'ie franchise as set forth m Section 3 above. Such maximum service rates shall be subject to review and revision as set forth in Sections 6.2, 6.3 and 6.4 below. Scavenger Company shall not charge any amount in excess of the approved rates for services required by or permitted unaer this Agreement. 6.2 Modification Based on Consumer Price Index. The maximum rates specified under this Agreement shall be increased July 1st every year (beginning in 1998, but excluding tfie year 2000 and every third year thereafter) by an amount equal to eighty percent (80%) of the percentage increase, if any, in the Consumer Price Index for Urban Wage Earners and Clencal Workers, as published and maintained by the United States Bureau of Labor Statistics for the San Francisco-Oakland Metropolitan Area (1982-84= 100), for the prior year, using the Index most recently published before March 31st of such year and before the prior March 31st; providea, however, that, in 1998, the maximum rates set forth on Exhibit "B" snail be adjusted by the percentage increase in the Index for the prior seventeen (I 7) months, using the Index most recentl~ published before March 31, 1998 and before November I, 1996. The procedure for rate adjustments under this Section 6.2 shall be as follows. (a) Not later than March 31st of each year that is subject to a rate increase under this Section 6.2, Scavenger Company snail file with City a written 10 10 of 40 403 Notice of Intention to adjust each of the then current maximum rates effective as of Julx 1st of the same year by the above-specified percentage of the percentage increase in the Index for the applicable period. (b) Within thirty (30) days of the filing of the Notice of Intention, the City Manager shall review the Notice of Intention, and either confirm that the proposed maximum rates are within the limit of Section 6.2(a) above or establish by mutual agreement with Scavenger Company any necessary changes to the proposed maximum rates to make such confirmation. (c) The City Manager shall immediately inform the City Council in writing of the new maximum rates determined in accordance with this Section 6.2 and, not later than June 30th of the year of the Notice of Intention, the City Council shall act upon the new maximum rates as appropriate, with any new maximum rates to become effective on July 1st of the same year. (d) In the event that the Consumer Price Index described in Section 6.2(a) above shall be discontinued or materially modified during the term of the franchise, the parties shall use their best efforts to substitute a replacement index and/or otherwise change Section 6.2(a) above so as to replicate, as nearly as possible, the mutual intention of the parties to rely on the results of the Consumer Pnce Index described in Section 6.2(a) as in effect on the date hereof. 6.3 Extraordinary Items. In addition to adjustments under Sections 6.2 above and 6.4 below, the maximum rates hereunder shall be subject to increase or decrease to reflect extraordinary increases or decreases in Scavenger Company's costs of providing services hereunder, such as landfill or disposal costs, costs mandated by governmental action or judicial decisions, franchise fees and similar items. Increases or decreases in maximum rates pursuant to this Section 6.3 shall take effect so as to eliminate, to the maximum extent possible, Scavenger Company's loss or gain of revenue and/or frofit resulting from the extraordinary increase or decrea~e in costs from the date(s such increase or decrease first occurred. 6.4 Modification Based on Neighboring Cities' Rates. Irrespective of any adjustments to maximum rates pursuant to Sections 6.2 and/or 6.3 above, every maximum service rate applicable under this Agreement shall be adjusted effective as of July 1 in each of the years 2000 and every third _year thereafter (I) in the case of each of the service categories set forth in Exhibit "C" attached to this Agreement, not to exceed ninety-five percent (95%) of the average of the most current rates for such service category charged in the jurisdictions set forth in Exhibit "D", and (ii) in the case of every other service category not set forth on Exhibit "C", to equal an amount reasonably arrived at by extrapolating from the new rates determined in accordance with Sect10n 6.4(I) above. Tfie most current rate charged in each jurisdiction listed in Exhibit "D" for a service category listed in Exhibit "C" shall mean the rate that applies as of the date Scavenger Company files the Notice of Intention described in 5ection 6.4(a), below, and sllall be based on the actual published rate for a period including such date. The average of the most current rates for a particular service category listed on Exhibit "C'' sfiall be determined by adding all the most current rates for such service category, and dividing by the number of junsdictions set forth in Exhibit "D". The procedure for rate aojustments under this Section 6.4 shall be as follows. (a) Not later than March 31st of each year that is subject to a rate adjustment under this Section 6.4, Scavenger Company shall file with City a written 11 11 of 40 404 Notice of Intention to adjust, effective as of July 1st of the same year, each of the then current maximum service rates in accordance with Section 6.4 above. ( 1) An example of such calculation for an Exhibit "C" service category and for a related service category not listed in Exhibit "C' is as follows: if the total of the most current rates in the applicable jurisdictions, which number thirty-two (32), for weekly 2-yard commercial front end loader service per month as of March 31, 2000 were $4,480, Scavenger Company's Notice of Intention for July 1, 2000 would specify $133 [$4,480 dividea by 32 multiplied by .95] as the new maximum rate for such service category, and could specify $266 for weekly 4-yard commercial front end loader service per month. (b) Within thirty (30) days of the filing of the Notice of Intention, the City Manager shall review the Notice of Intention, and either confirm that the proposed maximum rates conform with Section 6.4 above, or meet with Scavenger Company to establish by mutual agreement with Scavenger Company any necessary changes to the proposed maximum rates to make such confirmation. ( c ) The City Manager shall immediately inform the City Council in writing of the new maximum rates determined in accordance with this Section 6.4 and, not later than June 30th of the year of the Notice of Intention, the City Council shall act upon the new maximum rates as appropriate, with any new maximum rates to become effective on July 1st of the same year. (d) From time to time during the term of the franchise, but at least every seven (7) years after the beginning of such term, City and Scavenger Company shall meet to review the list of jurisdictions set forth in Exhibit 11 0" for tbe purpose of assuring that the services and rate structures in such jurisdictions are comparable to those of Scavenger Company in City. Such comparison shall take into account such factors as each party reasonably believes to be relevant, including those set forth in Exhibit "E" attached to this Agreement. Any change to the jurisdictions set forth in Exhibit "011 shall require the consent of eacn party, which consent shall not be unreasonably withheld. 7. Provisions Applicable to Equipment and Personnel. 7.1 Scavenger Company shall use in connection with transportation of solid waste modern motor dump trucl<s with water tight bodies, sufficient in number and capacity to efficiently perform the work requirea by the Agreement. Scavenger Company shall keep tne outside of the trucl< bodies free from dirt and filth, and shall clean the inside of the trucks in a sanitary manner on a regular basis. Suitable measures shall be taken to prevent refuse from falling into public streets or places. Scavenger Company shall I<eep all trucks freshly painted in a uniform manner, and the firm name, telephone number, and truck number of each truck shall appear on each side thereof in a conspicuous manner. Scavenger Company shall keep all trucks in good maintenance and repair, re~larly inspect same, and keep accurate records of all vehicle maintenance. Scavenger Company shall also be responsible for causing Blue Line Transfer, Inc. to maintain all of its equipment and vehicles in safe and sanitary condition in accordance with the standaras set forth for Scavenger Company's vehicles in this Section 7 .1. 7 .2 Scavenger Company shall not litter premises in the process of making collections nor allow refuse to blow or fall from any vehicle used for collections. Scavenger Company shall clean-up any and all spills, including oil and debris on the 12 12 of 40 405 streets, resulting from its operations. Should Scavenger Company fail to promptly clean up such spills resulting from its operations after notice from City, Scavenger Company shall be liable to City for all reasonable costs incurred by City in doing so. 7 .3 Scavenger Company shall provide suitable operational and safety training for all of its employees who utilize or operate venicles or equipment for collection of solid waste or who are otherwise directly involved in sucl:i collection. Scavenger Company shall use its best efforts to assure that all emplo:xees present a neat appearance, conduct themselves in a courteous manner, and perform the work as quietly as possible. Scavenger Company shall also designate one or more qualified employees as supervisors of field operations, who will devote a substantial portion of their ume in the field checking on collection operations, including responding to complaints. 8. Records. Reports and Audited Statements. 8.1 Scavenger Company shall keep and maintain accurate books and records clearly showing its revenues and expenses in connection with the operations provided for in this Agreement. 8.2 Each fiscal year of Scavenger Company, commencing with fiscal year 1997-98, Scavenger Company shall provide City, within ninety (90) days of Scavenger Company's fiscal year-end, a cop:x of its annual audited financial statements and management letter for that fiscal year, provided the City Manager may grant an extension of thirty (30) days. Such financial statements shall include a suppfemental combining schedule showing Scavenger Company's results of operations by franchise area, including the specific revenues and expenses in connection with the operations provided for in this Agreement and others included in such financial statements. The financial statements and supplemental schedule shall be prepared in accordance with generally accepted accounting principles (GMP) and audited, in accordance with g_enerally accepted auditing standards (GAAS), by a certified public accountant (CPA) licensed (in good standing) to practice public accounting in the State of California as determined by the State of California Department of Consumer Affairs Board of Accountancy. The CPA's opinion on Scavenger Company's annual financial statements and supplemental schedule shall be unquahfied, except as to uncertainties for which the ultimate outcome cannot be determined by the date of the CPA's opinion. Scavenger Company shall, in its agreement with the CPA performing its annual audit referred to above, have its CPA make available to City (or City's designated representative) such CPA's working papers related to the audit. Scavenger Company shall make available to City such of its additional records, information or reports, as requested by City from time-to-time upon reasonable notice by City. 8.3 Scavenger Company a~ees that the records of any and all related party entities including but not limited to Blue Line Transfer, Inc. but excluding Royal Salvage Company shall be made available to City (or City's desig!_lated representative) so long as the related party entity does business with Scavenger Company and, in 13 13 of 40 406 general, is associated with the removal and disposal of solid waste or recyclable materials. As part of the annual audit requirement described in Section 8.2, Scavenger Compan~ shall provide City, within ninety (90) days of Blue Line Transfer, Inc.'s fiscal year-end, a copy of Blue Line Transfer, Inc.'s annual audited financial statements and management letter for that fiscal year, provided the City Manager may grant an extension of thirty (30) days. The financial statements shall be prepared m accordance with GAAP and audited, in accordance with GMS, by a certified public accountant (CPA) licensed in the State of California as determined by the State of California Department of Consumer Affairs Board of Accountancy. The CPA's opinion on Blue Line Transfer, Inc.'s annual financial statements shall be unqualified, except as to uncertainties for which the ultimate outcome cannot be determined by the date of the CP A's opinion. Blue Line Transfer, Inc. shall, in its agreement with the CPA performing its annual audit referred to above, have its CPA make available to City (or City's designated representative) such CPA's working papers related to the audit. For purposes of this Section 8.3, "related party entity" shall mean any entity the majority of which is owned or effectively controlled by one or more of the present and former shareholders, directors, officers or senior management employees of Scavenger Company or their families. 8.4 Every three (3) months during the period from the commencement of the franchise through the date which applies for purposes of measuring compliance with the diversion requirements of AB ~39, Scavenger Company shall supply City with a written report setting forth Scavenger Company's best estimate of tne diversion rate as of the end of the most recent month. Scavenger Company shall also supply Cit)'.: with such related information as City may reasonably request and as Scavenger Company possesses concerning such estimate. 9. Hold Harmless and Insurance. 9.1 Scavenger Company shall indemnify and hold harmless City, its Council, boards, commissions, officers, agents, representatives and employees from any and all actions, claims or damages brought for or on account of in1uries to or death of any person or damage to property resulting from or arising out of the operations o1Scavenger Company, its officers, agents, employees or servants pursuant to this Agreement. The duty of Scavenger Company to indemnify and hold narmless shall include the duty to defend as set rorth in California Civil Code Section 2778. 9.2 Scavenger Company shall have in effect during the term of the franchise, workers' compensation and employer liability insurance providing full statutory coverage. In signing this Agreement, Scavenger Company makes the following certification required by Section 1861 of the California Labor Code. "I am aware of the provisions of Section 3 700 of the California Labor Code which require every employer to be insured against liability of workers' compensation or to undertake self-insurance in accordance with the provisions of the code, and I will comply with such provisions before commencing fue performance of the work of this Agreement." 14 14 of 40 407 9.3 Scavenger Company shall take out and maintain during the term of the franchise liability insurance for the following types and minimum amounts: (a) General liability, including comprehensive form, premises operations, products/completed operations,nazard, contractual insurance, broad form property damage, independent contractors and personal liability, with limits for bodily and property damage combined of $500,000 each occurrence and $500,000 aggregate. (b) Automobile liability, including comprehensive form, owned, hired and non-owned, with a limit of $1,000,000 for bodily injury and property damage combined. (c) Excess liabili~. umbrella form, with a limit for bodily injury and property damage combined of $5,000,000 each occurrence and $5,000,000 aggre_gate. Insurance certificates evidencing the required coverage shall be filed witfi City and shall be subject to approval by the City Attorney. City, its City Council, boards, commissions, officers, agents and employees shall be named as additional insureds on any such policies of insurance which shall also contain a provision that the insurance afforded tnereby shall be primary. No such policy shall 5e canceled or modified except upon thirty (30) days' prior written notice to City. 10. Franchise Termination. 10.1 In the event Scavenger Company defaults in the performance of any of the duties to be performed by it under the tem1s of this Agreement, City shall give Scavenger Company written notice, either by mail orb):' personal service, setting forth tile defauft. Scavenger Company shall correct such default within fifteen ( 15) daxs after receipt of such notice unless the default cannot, by its nature, be cured within said penod, in which case the cure period shall be extended for such additional ume as is reasonably necessary to effect a cure, provided that Scavenger Company shall commence efforts to effect a cure as soon as practicable and shall diligently pursue the cure. If Scavenger Compan):' fails, neglects or refuses for the applicable cure period to correct anx aefault which constitutes a material breach of tfus A&!"eement, then City, without further notice and without suit or other proceeaings, may cancel and annul the rights and privileges of the franchise grant. Nothing in this section shall prohibit the parties from meeting to discuss ways to resolve ihe issue. 10.2 Notwithstanding Section I 0.1, above, the sole remedy for Scavenger Company's failure to divert the percentage of the City's solid waste, and/or perform such other actions, as necessary to achieve compliance with the requirements of AB 939 as it may be amended from time to time, shall be as set forth in this Section 10.2. Provided that all the conditions to Scavenger Company's AB 939 compliance obligation set forth in Section 5.13(b), above, sfiall have been satisfied, and City shall have suffered material harm as the result of such failure by Scavenger Company to achieve compliance, Scavenger Company's ability to exercise its option to extend the term of this Agreement for an additional ten ( 10) years, under Section 3.2, shall be subject to approval by City, and such circumstances shall constitute the sole permissible ground for City to deny a requested extension of this Agreement under this Section I 0.2. 15 15 of 40 408 l 0.3 In the event of termination of this Agreement for default by Scavenger Company as above specified, City shall have the nght forthwith to grant a franchise to another scavenger service or to take possession of trucks and other equipment of Scavenger Company used to perform work under this Agreement. City shall have the right to retain possession of the trucks and equipment until other suitable trucks and equipment can be purchased or otherwise acquired by City for the purpose and City shalf pay Scavenger Company the reasonable rental value of such trucks and equipment, and I<e~p them in good maintenance and repair, during the time the same are used by City. City shall also have access to Scavenger Company's records for the purpose of billing service accounts during the period City is i:>rovidmg the services aescribed in this Agreement, and shall retain all fees collectea for such services. 10.4 In the event of any dispute arising between the parties under this A~eement, the parties shall first suomit such dispute to non-binding mediation before a recognized mediator having experience with contracts like the Agreement and that is mutually acceptable to tbe parties, provided that neither party shall unreasonably withliold its acceptance. If the parties are unable, after a period of thirty (30) days, to agree on a mediator, either party shall be entitled to petition a court of competent jurisdiction to appoint such a mediator for the parties. Each party shall bear its own costs, including attorney's fees, incurred in connection with the mediation. If the mediation does not result in a resolution of the dispute that is acceptable to both parties, either party may institute litigation. The prevailing party in such litigation snail be entitled to recover from the otfier party its reasonable attorney's fees, costs and necessary disbursements, including expert witness fees, incurred in such litigation. l 0.5 If Scavenger Company shall at any time during the term of this Agreement or any extension thereof, become insolvent, or if proceedings in bankruptcy shall be instituted by or against Scavenger Company, or ifScavenger Company shall be adjudged bankrupt or insolvent oy any Court, or if a receiver or trustee in bankruptcy or a receiver of any property by Scavenger Company shall be appointed in any suit or proceeding brought oy or against the Scavenger Company, or if Scavenger Company shall make an assignment for the benefit of creditors, then and in each and every such case, and provided that such proceedings, adjudication, appointment or assignment, as the case max be, continue in effect for ninety (90) days without being vacated, removed or withdrawn, this Agreement shall immediately cease and come to an end, and the rights and privileges granted shall immediately be canceled and annulled without notice or action reqmred on behalf of City. l 0.6 Notwithstanding any other provision herein, no default, delay or failure to perform on the I?art of either party shall be considered a breach hereunder if such default, delay or fatlure to perform is due to causes beyond such party's control, including, but not limited to, riots, civil disturbances, actions or inactions of governmental authorities, epidemic, war, embargoes, severe weather, fire, earthguake, acts of God, defaults by the other party, or defaults by carriers. In the event of any such default, delay or failure to perform, any dates or times by which the affected party otherwise is scheduled to perform shall be extended for a period of time equal m duration to the additional time required because of the excused default, delay or failure to perform. 16 16 of 40 409 11. Ac;signment. I I . I Scavenger Company shall not assign this Agreement, or any interest therein, without the written consent of the City Council. City may review the competency and financial integ!1ty of the proposed assignee. A consent to one assignment shall not be deemea to be a consent to any subsequent assignment. Any assignment without such consent and approv~l shall oe void and shall at the option of City, terminate this Agreement. City shall be notified of any stock transaction in which an existing stockholder transfers, sells or otherwise relinquishes majority interest in his or her stock in Scavenger Company. Any stock transaction involving transfer, sale or exchange of stock which results in a change in majority controI of Scavenger Company shall be subject to City review and approval. I2. Waiver. I2. I The waiver by either party of any breach or violation of any term or condition of this Agreement or of any provision of law by the other party, shall not be deemed to be a waiver of the tem1, condition or provision of law, or of any subsequent breach or violation of the same or any other term, condition or provision of law. The acceptance by City of anx franchise fee or other fee or other monies which may become due hereunder to City shall not be deemed to be a waiver of any preceding breach or violation by Scavenger Company. I3. Administration. I3.I The administration and enforcement of this Agreement shall be the responsibility of the City Manager or a designated representative of that office. This section is not intended to indicate or suggest the City Manager has the authority to grant, amend, or revoke the franchise. 13.5 Termination of Blue Line Transfer Station Within one year of commencement of operation of a new facility designed to handle waste transfer and AB 939 diversion requirements, including but not limited to a materials recovery facility or compliance with applicable divers10n requirements of AB 939 through actions other than construction of a new facility, whichever occurs first, Blue Line Transfer Incorporated shall terminate operation of the transfer station it operates on Oyster Point Boulevard in South San Francisco. 14. Independent Contractor. I 4.1 Scavenger Company, its employees and agents, are independent contractors and not employees or agents of City. 17 17 of 40 410 15. Notices. 15 .1 All notices required hereunder shall be in writing and shall be delivered in person or transmitted by the United States Postal Service, certified mail, postage prepaid, and addressed as follows: CITY: SCAVENGER COMPANY: City Manager City Hall P.O. Box 711 South San Francisco, CA 94083 President South San Francisco Scavenger Co. P.O. Box 348 South San Francisco, CA 94080 or to such other person or address as may be specified from time to time in writing by either party. EaCh such notice shall be deemed effective upon receipt or, if mailecf as aforesaid, three (3) days after so mailed. 16. Amendments. 16.1 This Agreement may be amended from time to time only by written agreement between the parties signed by an authorized representative of each party. 1 7. Successors and Assigns. 17.1 This Agreement shall be binding upon, and shall inure to the benefit of, each of the permittea successors and assigns of the parties. 18. Integration: Severability. 18.1 This Agreement, including the Exhibits hereto, constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements between the parties, whether written or oral, relating to such subject matter. If a court finds any provision of this Agreement invalicf or unenforceable as applied to any circumstance, the remainder of this Agreement and the apRlication of such provision to other persons or circumstances sliall remain in effect. The parties .furtner agree to replace such void or unenforceable provision with a valid and enforceable provision whicb will achieve, to the extent possible, the economic, business and other purposes of the void or unenforceable provision. 18 18 of 40 411 IN WITNESS WHEREOF, the parties have executed th is Agreement. ATTES T : SOUTH SAN FRANCISCO SCAVENGER COMPANY, INC. ~ ( -----, / By 01 " 7 0c-)?'~e::__- , CITY OF SOUTH S~p By:~ cttyManager c~a~ APPROVED AS TO FORM: S !:eu..an T ~ /~ City Attorney 7 19 19 of 40 412 SCHEDULE 1 SINGLE-UNIT RESIDENTIAL RECYCLING CONTAINERS Scavenger Company shall provide to each residential unit, a set of three (3) recycling containers, specially made of rigid plastic construction for stacking into each otner, to assist residents in participating m the recycling program. One container is used to store glass; one container is used to store newspapers; and the third container is used to store metal food and beverage containers as well as PET plastic beverage containers. Each container shall be respectively identified with contrasting lettering appropriately denoting: "glass", "newspapers", and "cans". The distribution of the recycling containers shall be the responsibility of Scavenger Company, and the ownership of the recycling containers shall remain in Scavenger Company. Similar alternative containers may be provided upon mutual agreement between City and Scavenger Company. 20 20 of 40 413 EXHIBIT A DIVERSION PROGRAM YEAR 2000 DIVERSION PROGRAM In 1989, the California State Legislature passed Assembly Bill 939 which mandates that all cities and counties in the state divert 25% of their waste by 1995, and 50% by the year 2000. In 1990, when an initial survey was conducted, South San Francisco had a diversion rate of 11 %. Through a variety of new pro~ams, however, the City of South San Francisco has surpassed the 1995 goaf, with a diversion rate of 25.31 %. Although this is an important achievement, the City must continue to be aggressive in its diversion efforts in order to reach the goal of 50%. New programs Will need to be implemented to reach 50%, and existing programs will need to be expanded aggressively. These new programs will take additionaf resources, yet they are important in order to reach the state mandated goals. Below is an overview of existing programs and possible new pro~ams that can bring South San Francisco above the 50% aiversion rate goal. Much of the additional diversion will need to come from the commercial industrial sector, as a majority of the waste in the City comes from this sector. To achieve 50% will not only require strengthening existing programs and implementation of new programs, but also the construction of new sorting lines in order to extract additional materials from the waste stream. Expanding education, in both the residential and commerciaVindustrial sectors, stressing the importance of participating in the programs is also critical, and will represent a cost effective way to increase diversion. The tonnage that is currently hauled and disposed of by non-franchised haulers is also extremely im£ortant. Because of the amount being disposed by these haulers (estimated to be 22 M> of existing generated tonnage), it woulcfbe unlikely that the 50% diversion goal could be aclueved without recovery of this tonnage. The diversion estimates listea in the program categories below are calculated based on the amount of material currently being nauled by South San Francisco Scavenger Company (SSFSC) and self-haulers, without the non-franchised hauler tonnage. The additional diversion that might be achieved as a result of recovery of the materials currently being hauled by non-franchised haulers is considered separately in Section 7. Since the 1990 Source Reduction and Recycling Element (SRRE) was based on a subset of total tonnage which did not include non-franchised haulers, we made a conservative estimate that the initial waste characterization applies to non-franchised haulers as well, even though non-franchised hauler tonnage is disproportionately in the commercial sector as compared to tonnage in the SRRE. 1. Yard Waste Currently the South San Francisco Scavenger Company picks up yard waste once per month from residential customers. There are two trucl<.s picking up material each morning before continuing with other assignments. Because of the lack of regular exposure to the program, residents do not utilize the service to its fullest potential. In order to achieve maximum utilization from the yard waste program, a 21 21 of 40 414 greater degree of exposure and publicity is necessary. Currently SSFSC is diverting about 65 tons per month from the yard waste program, which translates to 6.8 pounds per housenold per month. An informal survey of Bay Area communities reveals that there is an average of about 40 pounds per household per month collected from their yard waste programs. Because of the smaller lot sizes in SSF than in some of the surrounding communities, we are using a 20 pound per household per month fi~re as a reasonaole estimate for yard waste colfection. Usin@ this figure would result in an additional yearly diversion of approximately 2 Yo. Additional yard waste can also be diverted upon the completion of new sorting lines and transfer stations in South San Francisco. As in the case with construction and demolition debris recovery, as well as yard waste, designing a line specifically for recovery of targeted materials can greatly increase diversion rates. The amount of yard waste generated by the commercial/industrial sector in South San Francisco is about four times that produced by the residential sector, and although little is currently diverted, most of this will be captured over an improved sorting line. If 50% of the commercial/industrial yard waste (based on SRRE tonnage adjusted to 1995) is diverted, it would add approximately 2.0% to the diversion total. Because the SRRE was done during a drought, the tonnage in the SRRE is most likely underestimated, thus making the 50% diversion of the original SRRE a very achievable goal. Prior to implementation of a yard waste program, as well as any other new services, the SSF Scavenger Company will undertal<e a public awareness campaign to explain the program, as well as die benefits of participating in the program. 2. Construction & Demolition Debris (C&D) and Wood Waste Presently, there is no formal program in South San Francisco to recycle C & D debris and wood waste. The material that is currently diverted is generally from construction companies that rent debris boxes for their waste, and the tonnage amounts from these construction customers is relatively small. The amount of these materials in the overall waste stream is significant, however, comprising 12. 7% of the generated waste tonnage in South San Francisco. As a result, recovery of these materials is essential itthe goal of 50% is to be realized. In order to make diversion of these materials successful, resources must be employed to educate generators about the materials, as well as to increase recovery at the transfer station. Source separation at construction sites is an important part of any building material diversion program. Companies that do large scale projects, as well as those that do smaller projects such as remodeling, need to be made aware of the importance of diverting tnese materials from the landfill, as well as the laws that require the city to do so. Financial incentives can be very helpful, and an explanation of the costs and benefits associated with separating materials at the job site could help gain the participation of contractors. A tiered hauling (or disposal, for self haul) fee may be considered for certain materials in order to increase tonnage diverted. A separate wood waste collection program for businesses could also be considered at least on an "on call" basis. 22 22 of 40 415 It is important to work closely with the contractors in order to maximize diversion. Site visits for large projects in order to discuss disposal options may be an important step. As each project is different, with different quantities of materials bemg disposea, so are the possible disposal options. A quick waste audit and training of the crew will go a long way in maximizing diversion. Also helpful are printed materials, such as a booKlet explaining the ortions for recycling building materials, which has been shown to be an effective too for increasing recycling. It can also be effective in creating a relationship with the local building industry association in order to distribute information and to become known as a resource for the industry. The status of the market can also be an important criteria, as low value materials may be handled differently than high value ones. C & D recycling is growing, however, and markets for the materials have been expanding over the last several years, making the future promising. There has also been an increase in re-use of building materials, as several stores exist in the Bay Area that sell previously-used building materials. In order to implement the above programs and maximize diversion of the materials, a new sortmg line designed for these materials must be considered. Recovery at Material Recovery Facilities (MRF's) has consistently proven to be an important step in the diversion of C&D and wood debris. Althougn source separation of all materials at job sites is not realistic, a combination of customer education and increased recovery at the MRF can significantly increase diversion. If 40% of the material is recovered with dedicated lines as sP.ecified in the SRRE, consistent with documented ex~erience at other MRF facilities, this will increase diversion by approximately 3.8 M> annually. 3. Food Waste Currently there is no fom1al program in South San Francisco to divert food waste from the commercial sector, although commercial food waste constitutes 6% of the waste stream (according to the SRRE). In various areas of the country there has been increased collection and composting of food waste for the last several years. These programs tend to concentrate on the large quantity generators, such as larger restaurants and grocery stores. Large grocery stores tend to produce the most compostable waste and there are different issues that need to be addressed when composting restaurant waste, as compared to produce waste. As a result, impf ementation of food waste programs may be facilitated by first concentrating on produce waste, and then expanding to other organics. The issue of composting this material will have to be discussed with the compost facility operator, but collection and composting of these materials has been shown to be botfi economically and technologically feasible. In order to get cooperation of the producers, a lower rate for collection of these materials may be necessary. It is anticipated that a food waste program would divert an additional (approximately) 1.5%. 4. Residential Recycling The current residential curbside recycling program in South San Francisco is comprehensive, collecting all paper, cardboard, glass, tin, aluminum, PET and HOPE plastics. Although the material types collected are varied, there still is potential for 23 23 of 40 416 increased diversion through higher participation in the existing program. As paper is a majority of the materiaf recycled, it is also an area where the most potential diversion exists. Participation is not the only indicator of the success of a residential program, however. It is also important to ensure that those participating in the programs are efficient in their recycling, and are keeping their recyclabfe material out orthe garbage cans. Generally a cost-effective way to increase residential tonnage is mcreased information and education. Mailings to customers, as well as presentation to citizen and neighborhood groups can help to increase diversion. If recovery of residential paper and cardboard eventually reached 70% (a realistic goal) which is consistent with some estimates for potential diversion, an additional 770 tons 4.1 % total (2.1 % additional) could be recovered. 5. Commercial Recycling Commercial recycling is an area that has substantial potential for increased diversion. There are several programs that could be implemented to increase diversion. Increase Education and Information -Similar to residential recycling, a cost effective way to increase particiJ?ation and diversion rates in commercial recycling is by increasing communication With customers, both by mailing educational matenals and conductmg site visits. Speaking to Business Groups -This is often an efficient wa~ to meet with many businesses leaders and owners at one time. Workshops can be held for businesses to help with waste management. Target Largest Producers -There are often a few large commercial customers that produce a significant portion of the waste stream. Inspection of these generators, as well as site visits (in order to conduct waste audits) can help to increase recycling. Small Business "Strip" ReITTcling -It is often cost effective to identify areas with large concentrations of smalbusinesses that can cooperatively participate in recycling programs. This may also require site visits. Award a Yearly "Recycler of the Year" -This can help to increase awareness and participation. Recyclable paper and cardboard from the commerciaVindustrial sector is 15.5% of the generated waste, in which recyclable glass is 1.2% and metals are 5.0%. If 50% of the recoverable ceaper, metals, and glass are recycled, 11.14 tons will be diverted (an additional 7 .1 ffi). If commercial recycling programs fail to demonstrate such a Rerformance it is very unlikely that diversion goals could be reached, and as a result, this should be considered a critical area. 24 24 of 40 417 6. New Sorting Lines New sorting lines with better designs and increased capacity can achieve additional diversion beyond yard waste and C & D, many additional materials can be recovered from the waste stream with sorting lines that have increased capacity and sorting ability. The ability of having flexibility in sorting is a major reason that many of the programs listed above can succeed. There are other matenals, not included above, that may be able to be recovered from the waste stream as a result of increased sorting capabihtv. A reasonable estimate of increased diversion beyond the programs listed above is 3%. 7. Increased Recycling Due to Tonnage Recovered from Non-Franchised Haulers As mentioned above, haulers servicing customers in South San Francisco contrary to the franchise are disposing of a significant portion of the waste in the City, and it is felt that there are materials being landfilled that could be recycled if they were collected through the franchised hauler. Recovery of this material is an important part of increasing diversion in the City. If SSFSC was hauling this material per the franchise agreement, there would be increased tonnages in all of the above programs, and thus increased diversion. Some of this material would likely end up in source separated recycling programs, while other material would go to the transfer station, witb an additional opportunity for recovery. We believe ti.fat an additional 5% of the waste stream could be diverted from the landfill through the recovery of this tonnage. 8. Increased Educational and Outreach Efforts Although increased education and outreach is not a separate diversion category for the purposes of this study, it is an essential part of all diversion efforts. As a result, oelow is a summation of the education and outreach efforts suggested for the above programs, as well as additional educational outreach. Yard Waste -Mailings to customers explaining the benefits of the program, as well as newspaper articles and other media. Food Waste -Public education targeted at large restaurants, supermarkets, and produce stores may help to maximize participation in the program. Construction and Demolition Debris -On site visits to construction projects in order to educate the crew on material separation can be beneficial. Printed materials reviewing disposal options have been shown to be successful. Meeting with industry groups to educate th.em on the benefits of recycling can also be useful. Residential Re{bclin/i: -Mailings to customers, as well as newspaper articles and media advertising can e e ective methods. An audit of participation m the programs can allow educational efforts to be more directed, ancf henceforth more cost-effective. Commercial Recycling -Speaking with staff of large commercial customers in order to educate them about programs and the benefits of recycling can help to 25 25 of 40 418 increase participation and diversion. Building relationships with business groups is a cost effective method to get educational information to customers and can also be useful. School Programs -Sponsoring special events and/or curriculum, for primary and secondary scnools can be an eftecuve educational tool, as well as field trips to the transfer station/MRF facility. Conclusion In summary, we've discussed an overview of existing pro~ams and possible new programs that can bring South San Francisco above tfie 50 *> diversion rate goal. As presented, additional diversion must come from the commerciaVindustrial sector, as a majority of the waste in the City comes from this sector. We have the ability to reach 50%, but it will require strengthening existing programs and the implementation of new programs. It will also necessitate the construction of new sorting lines in order to extract additional materials from the waste stream. A crucial factor is the expansion of education in both the residential and commercial/industrial sectors regarding the importance of participating in recycling programs. With the assistance of the City, tnere is the af>ility to comply with AH 939 and meet the mandated diversion goals. 26 26 of 40 419 EXHIBIT B MAXIMUM SERVICE RATES Effective November 1, 1 997 1. Residential Can Service (Per Month) -includes curbside recycling A. Service Level by Container Volume 20 Gallons (Senior Citizen) 30 Gallons 32 Gallons 64 Gallons 96 Gallons 128 Gallons or more $ 11.28 13.22 14.10 31.02 48.65 67.68 2. Commercial and Institutional Can Service (Per Month) -no charge for source separated recyclable materials 30 Gallons 32 Gallons 40 Gallons 45 Gallons 55 Gallon Drum $ 14.36 15.31 19.14 21.53 26.32 3. Commercial and Institutional Compactor Service Per Cubic Yard $ 28.81 4. Debris Box Service, Residential and Commercial and Institutional Temporary I One Time Use 5 Yard Mini-Box 7 Yard 14 Yard 20 yard 30 Yard $ 106.87 233.52 233.52 317.95 458.67 Rental Charge (per day, over 3 days for 5 Yard and over 7 days for others) $ 8. 79 Permanent Commercial Use 7 Yard 14 Yard 20 Yard 30 Yard Overweight Charge $ Content Weight in excess of 3 tons, per ton $ 27 197.01 197.01 281.44 422.16 55.02 27 of 40 420 5. Commercial and Institutional Bin Service -no charge for source separated recyclable materials A. Regular Pick-Up (Per Month) 1 -Yard Container $ 2 -Yard (Front End Loader Bin) 3 -Yard (Front End Loader Bin) 4 -Yard (Front End Loader Bin) 5 -Yard (Front End Loader Bin) 6 -Yard (Front End Loader Bin) B. On Call Pick-Up, Per Yard Per Pick-Up, Per yard $ Plus Container Rental Per Month Rental Charges: 1 Yara Container 2 Yard Container 3 Yard Container 4 Yard Container 5 Yard Container 6 Yard Container 28 85.46 128.14 192.22 256.29 320.37 384.43 14.79 $ 22.38 24.29 26.08 27.99 31.70 33.62 28 of 40 421 EXHIBITC SERVICE CATEGORIES TO BE BENCHMARKED Residential Can Service: 20 Gallons (Senior Citizen) 32 Gallons Commercial and Institutional Can Service: 32 Gallons Commercial and Institutional Compactor Service: Per Cubic Yard Debris Box Service: 14 Yard Commercial and Institutional Bin Service-Regular Pick-Up: 2 -Yard (Front End Loader Bin) 29 29 of 40 422 Alameda Burlingame Campoell Castro Valley Cupertino Daly City El Cerrito El Sobrante Fremont Gilroy Hayward Hercules Los Altos Los Gatos Martinez Menlo Park Millbrae Monte Sereno Morgan Hill Palo Alto Piedmont Pinole Pittsburg Richmond San Bruno San Leandro San Mateo San Pablo Saratoga Sunnyvale Union City Woodside EXHIBITD BENCHMARIGNG JURISDICTIONS 30 30 of 40 423 EXHIBIT E NON-EXCLUSIVE FACTORS AFFECTING CHOICE OF JURISDICTIONS Container size Franchise fees Disposal fees Haul distance to the disposal site Billin!!/Collection Francnise exclusivity Level of service provided (e.g., materials collected) Frequency of collection Location of containers Provision of containers Recycling program -frequency and commodities Recycling programs -separate rates or charges Topograpfiy and geography Nature of streets ancf ease of access Potential for commercial subsidy Demographic information Revenue mfom1ation J:\WPD\MODEM\FRAGSF.JNK 31 31 of 40 424 AMEl\lDMENT TO THE AGREEMENT FOR THE COLLECTION Al'\JD DISPOSAL OF WASTE MATTER IN THE CITY OF SOUTH SAN FRANCISCO This Al11endment , dated 5/;l~. 2001, is made by and between the City of South San Franc isco ("City"), a municipal corpo ration , and South San Francisco Scav enge r Co ., Inc., a C al iforni a corporation ("Scavenger Company"), with reference to the followin g: WHEREAS , Scavenger Company operates a franchise within the City for the co ll ection o f waste and disposal and recycl in g of same pursuant to th at ce rt a in Agreement For Th e C ollection And Disposal Of Sol id Waste Matter In Th e City Of South San Francisco dated <oj.;.5 , 1997 ; and , WHEREAS , City and Scavenger wish to amend the Agreement to allow g reater n exibility in conducting the annual c lean up required under the Agreement; NOW, THEREFORE , the parties agree as follows: I. Section 5.10 of the Ag reement is deleted in its enti rety and the following language is to be inserted as the new section 5.10 and is effective as of the date of this Amendment: "Citywide Cle an-Up: Scavenger Company shall sch edu le up to two (2) special pick-ups per calendar year, at no cost to the resident or City, for each resident of the City of South San Francisco. A resident may call and schedu le a special pick-up at any time during the course of the ca lendar year on the resident's regular service clay of the week and Scavenger Company sha l I arra nge for service at the co nvenience of th e resident. Scavenger sha ll accept a ll nature of solid waste, excep t hazardous waste and hou se hold hazardous waste . The on ly limitation upon receiving service from Scavenger Company is residents requ esting this service must adhere to the published re gu lations regarding materia l amounts for each pick-up scheduled. The twice annua l collections shall be made each year throu g hout th e term of this franchi se in accordance w ith practices and procedures establi s hed by Scavenger Company, and approved by the City Manager." 2. All other tem1s and conditions of the Agreement shall remain in full force and effect. lN WITNESS WHEREOF, the parties have executed this Amendment. SOUTH SAN FRANCISCO SCAVENGER CO., TNC. B y ~litedb~ ATTEST: CITY OF SOUTH SAN FRANCISCO By Mi~:!(.~n~nagcr APPROVED AS TO FORM J :\ \:VP D\Mnrsw\4 0 5\00 I \AG R EE\200 IV anuary\sca vengcr _amc nd_O I 17 .doc 32 of 40 425 SECOND AMEND1\.1ENT TO THE AGREE1\.1ENT FOR THE COLLECTION AND DISPOSAL OF SOLID WASTE MATTER IN THE CITY OF SOUTH SAN FRANCISCO This Second Amendment (the "Amendment"), dated May 9, 2002, is made by and between the City of South San Francisco, a municipal corporation ("City"), and South San Francisco Scavenger Co., Inc., a California corporation ("Scavenger Company"), with reference to the following: WHEREAS, Scavenger Company operates a franchise within City for the collection of waste and disposal and recycling of same pursuant to that certain Agreement For The Collection And Disposal Of Solid Waste Matter In The City Of South San Francisco dated July 9, 1997, as previously amended by that certain Amendment dated May 25, 2001 (the "Agreement"); and WHEREAS, Scavenger Company has, since July 1, 2001, been collecting and disposing of City-generated sewage sludge for a fee; and WHEREAS, City and Scavenger Company wish to amend the Agreement to provide for Scavenger Company's collection and disposal of City-generated sewage sludge on the terms herein; NOW, THEREFORE, the parties agree as follows: 1. Section 5.9 of the Agreement is amended, effective as of the date of this Amendment, to insert a new subsection (a) at the end thereof, as follows: "(a) Sewage Sludge: Throughout the term of this Agreement, Scavenger Company shall have the right to, and shall, collect and dispose of all sewage sludge generated at treatment facilities owned by, or operated by or for, City ("Sludge") in accordance with the terms of this Section 5.9(a). Scavenger Company's right to collect Sludge shall be exclusive, subject to the following exceptions: (i) City may dispose of Sludge which constitutes recyclable materials within the meaning of Section 2.11 above in accordance with any of the exceptions to Scavenger Company's exclusive franchise hereunder set forth in Section 1.3 above; and (ii) City may dispose of Sludge which constitutes hazardous waste within the meaning of Section 2.7 above as City desires and Scavenger Company may refuse to collect such Sludge. (1) Scavenger Company shall collect Sludge on a schedule that is sufficient in frequency and volume to maintain the efficient operation of the applicable treatment facilities; provided, however, that City shall be solely responsible for designing, constructing and maintaining equipment at such facilities adequate to permit Scavenger Company to meet such collection responsibilities. Scavenger Company may dispose of Sludge collected by it as waste or recycle same in any lawful manner. Scavenger Company may assign its collection and disposal or recycling obligations hereunder to one or more subcontractors so long as each subcontractor complies with Sections 7, 8.1 and 9 below. (2) City shall pay Scavenger Company $38.05 for each wet ton of Sludge collected and disposed of hereunder (the ''Tonnage Rate"). The Tonnage Rate shall be subject to increase as of July 1 each year during the term of this Agreement (commencing with July l, 2002) in accordance with Section 6.2 below, and shall also be subject to adjustment in 33 of 40 426 accordance with Section 6.3 below. Scavenger Company shall bill City monthly for its services in collecting and disposing of Sludge. Each bill s hall be accompanied by a statement setting fo 11h the number of tons of Sludge collected by Scavenger Company for the previous calendar month. City shall pay the amount billed with in thirty (30) days after receipt. None of the amounts paid by City to Scavenger Company pursuant to this Section 5.9(a) shall be s u bject to the franchise fees described in Section 4 above . (3) To the extent Scavenger Company uses Sludge for land application , City shall provide Scavenger Company with such pe riodic certifications as to the content of Sludge and the levels of pathogen and vector attraction reduction achi eved as are reasonably necessary to permit compliance with 40 C.F.R. 503. (4) In the event of any conflict between thi s Section 5.9(a) and any other provis ion in thi s Ag reement, thi s Section 5.9(a) shall prevail." 2 . All other tenns and conditions of the Agreement shall remain in full force and effect. 1N WITNESS WHEREOF, che parties have executed this Amendment. SOUTH SAN FRANCISCO SCAVENGER CO., lNC. By ~/ ~ lYltw,,ib\,__ ATTEST: mp;~ CITY OF SOUTH SAN FRANCISCO STOFORM 2 34 of 40 427 TIIlRD AMENDMENT TO THE AGREEMENT FOR THE COLLECTION AND DISPOSAL OF SOLID WASTE MATTER IN THE CITY OF SOUTH SAN FRANCISCO This Third Amendment to the Agreement for the Collection and Disp Waste Matter in the City of South San Francisco made and entered into as of_,__......,..--~ __ , 2003 by and between the City of South San Francisco, a municipal c (hereinafter "City"), and South San Francisco Scavenger Company, Inc. corporation (hereinafter "Scavenger Company"), bears the following recitals: A. On July 9, 1997, the parties entered into an Agreement for the Collection and Disposal of Solid Waste Matter in the City of South San Francisco. B. The parties now desire to amend the Agreement as hereinafter provided. NOW, THEREFORE, the parties hereto agree as follows: Section 4.1 of the Agreement is amended to state as follows in its entirety and the following language is to be inserted as Section 4.1 and is effective as of the date of this Amendment: 4.1 "Franchise Fee: On or before the twentieth (20th) day of each month during the term of this franchise, Scavenger Company shall remit to City a sum of money equal to ten percent (10%) of the gross revenues collected by Scavenger Company from customers within the City limits during the preceding calendar month as a franchise fee. If the franchise fee is not paid on or before the twentieth (20th) day of any month, a late payment fee in an amount equal to eighty-three one hundredths of a percent (0.83%) of the amount owing per month will be charged for each thirty (30) day period the franchise fee remains unpaid." Section 5.9 of the Agreement is amended to state as follows in its entirety and the following language is to be inserted as Section 5.9 and is effective as of the date of this Amendment: 5.9 "Pick Up at City Facilities: Scavenger Company shall remove, without charge, all solid waste generated at all City facilities (of the nature and in the amounts collected as of the commencement of this franchise agreement) at least once per week, but Scavenger Company may charge all other public agencies for services rendered at the same rates and on the same basis as private firms or individuals are charged for similar services. As of July 1, 2003, Scavenger may charge the City for removal of solid waste generated by the City's Water Quality Control Plant in accordance with rates, terms and conditions charged to other public agencies or other comparable rate categories operating within the City of South Solid Waste Collection and Disposal Amendment Page I of2 35 of 40 428 ..... San Francisco. No other City facility will be subject to a charge for the removal of solid waste." IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year first above written. DATED:. ____ _ BY: ATTEST: CITY OF SOUTH SAN SOUTH SAN FRANCISCO SCAVENGER COMPANY, INC. C:\Third Amendment 10 Scave nger Agree ment -SSF.DO C So lid Waste Collec ti o n and Dispos al Amendment Pag e 2 of2 36 of 40 429 Exhibit A FOURTH AMENDMENT TO THE AGREEMENT FOR THE COLLECTION AND DISPOSAL OF SOLID WASTE MATTER IN THE CITY OF SOUTH SAN FRANCISCO This Fourth Amendment dated February 13, 2013 is made by and between the City of South San Francisco, a municipal corporation (hereinafter "City"), and South San Francisco Scavenger Company, Inc., a California corporation (hereinafter "Scavenger Company"), and amends that certain Agreement for the Collection and Disposal of Solid Waste in the City of South San Francisco dated July 9, 1997 by and between the City and the Scavenger Company, as previously amended (hereinafter the "Franchise Agreement"), with reference to the following: WHEREAS, the current term of the Franchise Agreement ends on October 31, 2017; and WHEREAS, there is a single optional extension provision in the Franchise Agreement which could extend its term for an additional ten years but which has not yet been exercised; and WHEREAS, the Scavenger Company has embarked upon a number of large capital projects which City and Scavenger Company believe will be of benefit to the citizens of South San Francisco and in some cases, are required by changes in state law; and WHEREAS, the Scavenger Company will need to seek a substantial amount of financing for those capital projects; and WHEREAS many of those capital projects have useful lives extending for many years beyond the current term of the Franchise Agreement even should it be extended as described above; and WHEREAS financing for such capital projects with principal repayment prov1s1ons extending through a term closer to those usefol lives will keep the annual cost of financing those projects as low as possible for the Scavenger Company and the ratepayers of the City; and WHEREAS bank underwriting criteria generally requires that the term of any financing for solid waste, recycling and similar projects cannot extend past the expiration of any such exclusive franchise; and WHEREAS the parties hereto have determined that in order to allow development of the various capital projects described above and to assist the Scavenger Company in obtaining the lowest possible annual cost of financing therefore and resulting beneficial effect on the City's ratepayers, that the term of the Franchise Agreement should be extended and structured so as to provide the Scavenger Company and its lender with the ability to finance its beneficial projects now and in the future over periods closer to the useful lives of those projects; and WHEREAS the parties are not changing the provisions in Section I 0 of the Franchise Agreement with respect to rights to terminate with cause, which provide ratepayers and customers adequate protections, even with the Franchise Agreement extension. THEREFORE, the City and the Scavenger Company in consideration of the above and other valuable consideration, receipt of which is hereby acknowledged do agree as follows: 37 of 40 430 A. Section 3 of the Franchise Agreement is hereby amended by striking it and replacing it in its entirety with the following: 3 .1 The term of the Franchise Agreement shall be for a period of twenty (20) years, commencing on November 1, 2012 and ending on October 31, 2032 .. 3.2 Provided that Scavenger Company is in material compliance with the terms of this Franchise Agreement, the tenn of this Franchise Agreement shall be annually extended for one (1) additional year on October 31, 2013, and on October 31 of each succeeding year as determined by the City so that the remaining term of this Franchise Agreement shall be twenty (20) years. 3.3 The annual one (1) year extension described in Section 3.2 above may be terminated by either party in its sole discretion, without cause, by providing written notice to the other party ("Notice of Non-Extension''). Such Notice of Non-Extension shall cause the one year extension described in Section 3.2 to not occur. Accordingly, the term of the Franchise Agreement shall end twenty (20) years from the date of the Notice of Non-Extension. B. Section 4 of the Franchise Agreement is hereby an1ended by adding the following Section 4.3 to read as follows: 4.3 Beginning July l, 2013, the Scavenger Company shall remit to the City $15,000 each month as a Source Reduction and Recycling Element franchise fee ("SRRE fee"), which the City may use for purposes related to, but not limited to, landfill monitoring, landfill remediation and/or reducing the City's stream of solid waste within the City of South San Francisco. (a) Each July 1 beginning on July 1, 2014, the $15,000 SRRE monthly fee will be adjusted by an amount equal to eighty percent (80%) of the percentage increase, if any, in the Consumer Price Index for Urban Wage Earners and Clerical Workers, as published and maintained by the United States Bureau of Labor Statistics for the San Francisco-Oakland Metropolitan Area ( 1982-84= 100) for the prior year, using the Index most recently published on or before March 31st of such year and on or before the prior March 31st. C. Section 6 of the Franchise Agreement is hereby amended by adding the following section 6.2(e) to read as follows: (e) Concurrently with the rate review materials submitted to the City as described in this Section, not later than March 31st, of each year that is subject to a rate increase, the Scavenger Company shall provide the City with an updated twenty (20) year capital master plan which outlines the Scavenger Company's capital investment needs and any other documents reasonably necessary to keep the City Council informed of the Scavenger Company's longer term investment plans consistent with the twenty (20) year Franchise Agreement term. D. Section 10 of the Franchise Agreement is hereby amended by striking Section 10.2 in its entirety and shall read as follows: 38 of 40 431 10.2 Reserved. As modified by this Fourth Amendment, the Franchise Agreement shall remain in full force and effect in accordance with its terms. In the event of any inconsistency between this Fourth Amendment and the Franchise Agreement, this Fourth Amendment shall prevail.. IN WITNESS WHEREOF, the parties have executed this Fourth Amendment effective as of the date first set forth above. SOUTH SAN FRANCISCO SCA VEN GER COMP ANY, INC. By: CITYlSF SOUTH SAN FRANCISCO APPROVED AS TO FORM: 2046302.1 39 of 40 432 RESOLUTION NO. 10-2013 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, ST ATE OF CALIFORNIA A RESOLUTION APPROVING THE FOURTH AMENDMENT TO THE AGREEMENT FOR THE COLLECTION AND DISPOSAL OF SOLID WASTE MATTER IN THE CITY OF SOUTH SAN FRANCISCO WHEREAS, on July 9, 1997) the City of South San Francisco (''City") and South San Fra11cisco Scavenger Company, Inc., entered into an agreement for collection and disposal of solid waste matter in the City ("Agreement"); and WHEREAS, in 2001, 2002 and 2003, respectively, the City and South San Francisco Scavenger have amended the Agreement; and WHEREAS, the City and South San Francisco Scavenger now desire to further amend the Agreement by extending the term of the Agreement to a twenty (20) year term, that automatically extends for one (1) year every year. NOW) THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby approves of the Fourth Amendment to the Agreement for the Collection and Disposal of Solid Waste Matter in the City of South San Francisco with South San Francisco Scavenger Company, Inc., as set forth in Exhibit A, attached hereto. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute the Fourth Amendment on behalf of City of South San Francisco, subject to approval as to fonn by the City Attorney. * * * I hereby certify that the foregoing R 1esolution was adopted by the City Council of the City of South San Francisco at a regular City Council meeting held on the 13 10 day of February, 20 l 3 by the following vote: AYES: Councilmembers Mark N. Addiego, Richard A Qarbarino, P:radeep Gupta, Mayor Pro Tern Karyl Matsumoto, and Mayor Pedro Gonzalez NOES: None "--'-"-=-------------·--------------- ABSTAIN: None ~---'------· ABSENT: 40 of 40 433 South San Francisco City Council Presentation 2022 434 Capital Investments Collection Fleet Renewable Natural Gas (RNG) Collection vehicles purchased since 2019: •4 Automated Side Loaders •1 Manual Commercial Side Loader •4 Front End Loaders •4 Roll Offs Our fleet is carbon negative! 435 Capital Investments Blue Line Transfer MRF Enhancements 436 Capital Investments Blue Line Transfer MRF Enhancements 437 SB 1383 Effective January 1, 2022 Enforceable January 1, 2024 438 Investments Ensure Compliance 439 •Service at citywide cleanups •Service at community events •Provision of transfer station vouchers for multifamily pilot program •Provision of kitchen pails for tenants of multifamily properties •Donation of compost for use in city parks •Ongoing collaboration with staff regarding legislative requirements and implementation •Ongoing creation and distribution of outreach to residents and businesses •Painting collection bins to ensure SB 1383 compliance Ongoing Efforts 440 Questions? 441 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-472 Agenda Date:6/8/2022 Version:1 Item #:15a. Resolution confirming the change in solid waste collection rates to be collected by the South San Francisco Scavenger Company effective July 1, 2022. WHEREAS,on July 9,1997,the City Council approved a franchise agreement for collection and disposal of solid waste with the South San Francisco Scavenger Company; and WHEREAS,under the terms the Franchise Agreement,every third year of the agreement the solid waste rates are adjusted based on a rate survey of cities throughout the San Francisco Bay Area,and adjusted by 80 percent of Consumer Price Index in the intervening years; and WHEREAS,the South San Francisco Scavenger Company submitted a timely notice of intent to adjust its rates for solid waste and sludge hauling for Fiscal Year 2022-23; and WHEREAS,the South San Francisco Scavenger Company’s proposed rate adjustment is consistent with the terms of the Franchise Agreement in that it is proposed to be increased by an amount equal to eighty percent (80%)of the percentage increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers, as published and maintained by the United States Bureau of Labor Statistics for the San Francisco-Oakland Metropolitan Area; and WHEREAS, City staff has reviewed and verified the data contained in the rate change calculation. NOW,THEREFORE,BE IT RESOLVED that the City Council of the City of South San Francisco does hereby confirm the solid waste fees charged by the South San Francisco Scavenger Company for Fiscal Year 2022-23 comply with the terms of the Franchise Agreement. BE IT FURTHER RESOLVED, that the changes in the solid waste fees charged by the South San Francisco Scavenger Company will become effective July 1, 2022. ***** City of South San Francisco Printed on 6/9/2022Page 1 of 2 powered by Legistar™442 File #:22-472 Agenda Date:6/8/2022 Version:1 Item #:15a. City of South San Francisco Printed on 6/9/2022Page 2 of 2 powered by Legistar™443 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-463 Agenda Date:6/8/2022 Version:1 Item #:16. Conference with Real Property Negotiators (Pursuant to Government Code Section 54956.8) Property: 109 Longford Drive Agency negotiators: Tony Rozzi, Acting ECD Director; Ashley Crociani, Economic Development & Housing Negotiating parties: Danielle Turner and William Turner, Raymond Cho, Brian Tran, and Brandon Tran Under negotiation: Price and terms City of South San Francisco Printed on 6/3/2022Page 1 of 1 powered by Legistar™444 Agenda Item 12. 22-423 Report regarding a resolution to adopt The 2022 Child Care Master Plan for South San Francisco: A Plan for 2020-2030. (Greg Mediati, Director of Parks and Recreation) Legislation Text City Council - SSF Child Care Master Plan Approval - June 8, 2022 Presentation_SRad SSF- Childcare-plan-v10-web 2 Public Comments Guest User at June 08, 2022 at 2:20pm PDT Support Honorable Mayor Nagales and Council, The Child Care Master Plan before you is based on a very comprehensive, well-researched and -written study of all the complex factors, challenges, and resources to be considered. The many recommendations for actions provide excellent direction for all stakeholders. I encourage you to adopt the Plan and to work with School District leaders to engage other sectors and community members to begin to implement priority recommendations. The City has been a leader on child care policy and services in the County for decades and the District operates long-standing model programs as well. However, the additional stressors on the child care/early education system (e.g. workforce shortages, covid impacts, TK rollout) and new opportunities (e.g. federal funding, state workforce and facilities grants) call for enhanced communication, common commitment, and engagement with the child care provider community. Having an outside facilitator for advisory committee meetings would be helpful, as would a jointly-funded, even part-time, coordinator to support the ongoing work and to represent the interests of the whole provider and parent community. As Redwood City’s child care coordinator for over 25 years, I was able to support the development and improvement of our local system of center- and home-based programs by facilitating the use and/or capture of available local, state and federal resources, affecting supportive policy changes in our city, and working directly with our community’s programs, churches, schools, etc. I’m proud to note that we have the largest percentage (of SMC cities) of centers that provide much-needed infant/toddler care, as well as preschool- age. Also, we have four new center facilities in the pipeline offered by private developers of mixed-use projects (despite no requirement or impact fee). Again, I encourage you to adopt the Plan and continue to address the needs of your community’s families. Sincerely, Kristen Anderson Child Care Planning and Policy Consultant Redwood City Guest User at June 08, 2022 at 10:58am PDT Support On behalf of the San Mateo County Child Care Partnership Council (CCPC), the publicly appointed, state- mandated local child care planning entity for San Mateo County, I am writing to voice support for the adoption of the 2022 Child Care Master Plan for South San Francisco: A Plan for 2020-2030. The CCPC applauds the City’s long-term leadership on planning for child care in your community. This new Child Care Master Plan will address critical gaps in child care services for working families in the City of South San Francisco, and hopefully inspire other cities in San Mateo County to develop similar plans. Thank you for addressing this critical issue for our community. Sincerely, Sarah Kinahan Coordinator, San Mateo County Child Care Partnership Council Agenda Item 14. 22-464 Report regarding adoption of a resolution awarding a construction contract to CF Contracting, Inc. for the Grand Avenue and Airport Boulevard Streetscape Improvements Project (No. st1801, Bid No. 2657) in an amount not to exceed $3,188,285, authorizing a total construction contract authority budget of $3,825,942. (Jeffrey Chou, Associate Civil Engineer) Legislation Text Attachment 1 - Vicinity Map Attachment 2 - Presentation Attachment 3 - Bid Advisory Letter Attachment 4 - CF Contracting Response Letter Attachment 5 - PW Memo to Council 1 Public Comment Guest User at June 08, 2022 at 3:37pm PDT Neutral Dear South City Council members and Department Staff, On behalf of Silicon Valley Bicycle Coalition (SVBC), a nonprofit creating a healthy community, environment, and economy through bicycling, we are writing to provide public comment on the Grand Avenue and Airport Boulevard Streetscape Improvements contract award. We are thrilled to see South City leaders support improvements to this busy corridor and prioritize bike facilities as a focal point of the development. However, creating more bike-friendly communities means investing in our infrastructure while respecting the rights of our environment, and the rights of workers. The allegations against CF Contracting Inc are concerning and we hope the council does its due diligence to understand the full scope of the alleged violations and ensure similar practices do not occur during the development of this project. Furthermore, we encourage the council and staff to take additional time to consider the following adjustments to the project design. We understand it may not be feasible within the timeline and budget allowance, but the inclusion of one or two of these measures can immensely improve safety for pedestrians and bicyclists. Generally, SVBC recommends protected bike lanes or at the very least bollards on all CLASS II Bike Lanes. Extending the median on the west portion of Grand Avenue along Airport Boulevard to include a diffuse island to calm traffic and ensure safe passage for bicyclists and pedestrians, especially those with disabilities and the elderly. SVBC recommends a sharper turn for vehicles traveling east on Grand Avenue turning south on Airport Boulevard. The current rounded design may lead to accelerated vehicle speeds. A rectangular shape promotes sharper turns, slowing traffic. Additionally, we hope a "no turn on red" signal will be added to this same turn. According to the National Association of City Transportation Officials' Urban Street Design Guide, Travel lane widths of 10 feet generally provide adequate safety in urban settings while discouraging speeding. The current design for this development has some lanes at 12 and 13 feet. If a redesign is possible at this stage, we do hope this is considered as a potential adjustment. Thank you for your leadership, time, and consideration. If you have any questions, please feel free to reach out to Anthony Montes at anthony@bikesiliconvalley.org Best, Anthony Montes | he/him/his North San Mateo County Community Organizer