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11.08.2023@630 Regular
Wednesday, November 8, 2023 6:30 PM City of South San Francisco P.O. Box 711 South San Francisco, CA Library Parks & Recreation Building, Council Chambers 901 Civic Campus Way, South San Francisco, CA City Council BUENAFLOR NICOLAS, Mayor (District 3) MARK NAGALES, Vice Mayor (District 2) MARK ADDIEGO, Councilmember (District 1) JAMES COLEMAN, Councilmember (District 4) EDDIE FLORES, Councilmember (District 5) ROSA GOVEA ACOSTA, City Clerk FRANK RISSO, City Treasurer SHARON RANALS, City Manager SKY WOODRUFF, City Attorney Regular Meeting Agenda 1 November 8, 2023City Council Regular Meeting Agenda How to observe the Meeting (no public comment, including via Zoom): 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 3) Zoom meeting (viewing/listening only): https://ssf-net.zoom.us/j/88636346631(Enter your email and name) Webinar ID: 886 3634 6631 Join by Telephone: +1 669 900 6833 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 4:30 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: COMMENTS ARE LIMITED TO THREE (3) MINUTES PER SPEAKER During a meeting, comments can only be made in person: Complete a Digital Speaker Card located at the entrance to the Council Chambers. Be sure to indicate the Agenda Item # you wish to address or the topic of your public comment. When your name is called, please come to the podium, state your name and address (optional) for the Minutes. 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. Page 2 City of South San Francisco Printed on 11/7/2023 2 November 8, 2023City Council Regular Meeting Agenda CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE AGENDA REVIEW ANNOUNCEMENTS FROM STAFF PRESENTATIONS Proclamation Celebrating November 14, 2023, as Ruby Bridges Day. (Flor Nicolas, Mayor) 1. Proclamation Recognizing November as Native American Heritage Month. (Flor Nicolas, Mayor) 2. Proclamation Celebrating Small Business Saturday. (Flor Nicolas, Mayor)3. Presentation of Medal of Valor to Sergeant Chris Devan and Officer Matt Zander for their bravery and courage saving two passengers in a vehicle fire. 4. PUBLIC COMMENTS Under the Public Comment section of the agenda, members of the public may speak on any item not listed on the Agenda and on items listed under the Consent Calendar. Individuals may not share or offer time to another speaker. Pursuant to provisions of the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The City Council may direct staff to investigate and/or schedule certain matters for consideration at a future Council meeting . Written comments on agenda items received prior to 4:00 p.m. on the day of the meeting will be included as part of the meeting record but will not be read aloud. 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 Matters under the Consent Calendar are considered to be routine and noncontroversial. These items will be enacted by one motion and without discussion. If, however, any Council member (s) wishes to comment on an item, they may do so before action is taken on the Consent Calendar. Following comments, if a Council member wishes to discuss an item, it will be removed from the Consent Calendar and taken up in order after adoption of the Consent Calendar. Page 3 City of South San Francisco Printed on 11/7/2023 3 November 8, 2023City Council Regular Meeting Agenda Motion to approve the Minutes for October 23, 2023, October 25, 2023 and November 1, 2023. (Rosa Govea Acosta, City Clerk) 5. Report regarding a resolution approving the amendments to the City Council Procedures and Protocols Handbook. (Rosa Govea Acosta, City Clerk and Sky Woodruff, City Attorney) 6. Resolution approving amendments to the City of South San Francisco City Council Procedures and Protocols Handbook Resolution. 6a. Report regarding a resolution authorizing the acceptance of $9,465.62 in grant funding from the Department of Justice for soft armor vests for the South San Francisco Police Department and approving Budget Amendment 24.017. (Ken Chetcuti, Police Lieutenant) 7. Resolution authorizing the acceptance of $9,465.62 in grant funding from the Department of Justice for soft armor vests for the South San Francisco Police Department and approving Budget Amendment 24.017. 7a. Report regarding a resolution approving Program Guidelines for a new Small Business Post-Pandemic Recovery Grant Program for businesses in South San Francisco. (Ernesto Lucero, Economic Development Manager) 8. Resolution approving Program Guidelines for a new Small Business Post-Pandemic Recovery Grant Program for businesses in South San Francisco. 8a. Report regarding a resolution awarding a construction contract to Burke Construction of Chowchilla, California for an amount not to exceed $397,489.00, and to Draeger, Inc. of Houston, Texas in an amount not to exceed $507,433.00 for the Training Tower Maintenance Project (pf1704) and approving a 20% contingency to each contract for a total construction budget of $1,085,906. (Lawrence Henriquez, Senior Civil Engineer) 9. Resolution awarding construction services agreements to Burke Construction in an amount not to exceed $397,489.00 and to Draeger for an amount not to exceed $507,433.00 for work associated with the Training Tower Maintenance Project (pf1704); approving a 20% contingency to each contract; authorizing a total construction budget of $1,085,906.00; and authorizing the City Manager to execute the agreements on behalf of the City. 9a. Page 4 City of South San Francisco Printed on 11/7/2023 4 November 8, 2023City Council Regular Meeting Agenda Report regarding a resolution awarding a construction contract to Raposo Engineering Inc. of Hayward, California for the Karyl Matsumoto Plaza Project (Project No. ST1603) in an amount not to exceed $540,523.10, authorizing a total construction budget of $621,601.57, and authorizing the City Manager to execute agreements on behalf of the City and approving Budget Amendment #24.018. (Philip Vitale, Deputy Director of Capital Projects) 10. Resolution awarding a construction contract to Raposo Engineering Inc. of Hayward California for the Karyl Matsumoto Plaza Project (Project No. ST1603) in an amount not to exceed $540,523.10 and authorizing a total construction budget of $621,601.57. 10a. Report regarding a resolution awarding a construction contract to EPS Inc., dba Express Plumbing of San Mateo, California for an emergency storm drain repair (sd2002) in an amount not to exceed $250,000.00. (Alex Henry, Public Works Program Manager) 11. Resolution awarding a construction contract to EPS Inc., dba Express Plumbing of San Mateo, California for an emergency storm drain repair (sd2002) in an amount not to exceed $250,000.00 and authorizing the City Manager to execute the agreement on behalf of the City 11a. ADMINISTRATIVE BUSINESS Report regarding adoption of a resolution approving contract amendments with Kimley-Horn and Associates, Inc. and Zoon Engineering, Inc., and approving a contingency increase for the contract with Econolite Systems, Inc., for the Smart Corridor South San Francisco Expansion Project. (Angel Torres, Senior Civil Engineer) 12. Resolution approving a contract amendment with Kimley-Horn and Associates, Inc. for an additional $80,000 in contingency budget, approving a contract amendment with Zoon Engineering, Inc. for an additional $180,000 in contingency budget, and approving a contingency increase for the contract with Econolite Systems, Inc. for an additional $500,000 in contingency budget, all for the Smart Corridor South San Francisco Expansion Project (Project No. tr2002). 12a. Report regarding a resolution authorizing the City Manager to execute a Second Amendment to the Purchase and Sale Agreement with Eden Housing for the former City-owned parcel at 201 Baden Avenue. (Nell Selander, Economic & Community Development Director) 13. Page 5 City of South San Francisco Printed on 11/7/2023 5 November 8, 2023City Council Regular Meeting Agenda Resolution authorizing the City Manager to execute a Second Amendment to the Purchase and Sale Agreement with Eden Housing for the former City-owned parcel at 201 Baden Avenue. 13a. ITEMS FROM COUNCIL – COMMITTEE REPORTS AND ANNOUNCEMENTS ADJOURNMENT Page 6 City of South San Francisco Printed on 11/7/2023 6 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:23-976 Agenda Date:11/8/2023 Version:1 Item #:1. Proclamation Celebrating November 14, 2023, as Ruby Bridges Day.(Flor Nicolas, Mayor) City of South San Francisco Printed on 11/3/2023Page 1 of 1 powered by Legistar™7 Dated: November 8, 2023 RECOGNITION OF NOVEMBER 14, 2023, AS RUBY BRIDGES WALK TO SCHOOL DAY IN SOUTH SAN FRANCISCO WHEREAS, Ruby Bridges is an American civil rights activist who, at the age of six, was the first African American child to desegregate an all-white William Frantz Elementary School in Louisiana during the New Orleans school desegregation crisis in 1960; and WHEREAS, Ruby Bridges, walked to school almost every day, and on her first day at William Frantz Elementary School was escorted by four federal marshals and spent the entire day in the principal’s office as angry parents marched into the school to remove their children; and WHEREAS, Ruby Bridges’ first day of school experience, as a result of the court order of Judge J. Skelly Wright, U.S. Circuit Judge of the U.S. Court of Appeals for the District of Columbia Circuit, was commemorated by Norman Rockwell in his painting, “The Problem We all Live With”; and WHEREAS, Ruby Bridges persevered, attending integrated schools through high school graduation and becoming an advocate for equal rights for all students; and WHEREAS, Ruby Bridges founded the Ruby Bridges Foundation in 1999 to promote, “the values of tolerance, respect, and appreciation of all differences”; and WHEREAS, the scholars of Deborah Carlino’s fifth-grade class from Martin Elementary School in the South San Francisco Unified School District learned about the life of Ruby Bridges, and as a way to honor the Civil Rights Activist, proudly will participate in “Ruby Bridges Walk to School Day’; and WHEREAS, at the request of Martin Elementary School of the South San Francisco Unified School District, the San Mateo County Board of Education and Superintendent of Schools adopted a Resolution No. 18-52 on October 17, 2018, creating Ruby Bridges Walk to School Day in San Mateo County to be honored annually on November 14. NOW, THEREFORE, BE IT RESOLVED that Mayor Buenaflor Nicolas and the City Council of South San Francisco do hereby proclaim November 14, 2023, as “Ruby Bridges Walk to School Day” in South San Francisco and commend Deborah Carlino and the scholars of her fifth-grade class for participating in this significant day to honor the Civil Rights Activist. ________________________________ Buenaflor Nicolas, Mayor ________________________________ Mark Nagales, Vice Mayor ________________________________ Mark Addiego, Councilmember ________________________________ James Coleman, Councilmember ________________________________ Eddie Flores, Councilmember 8 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:23-978 Agenda Date:11/8/2023 Version:1 Item #:2. Proclamation Recognizing November as Native American Heritage Month.(Flor Nicolas, Mayor) City of South San Francisco Printed on 11/3/2023Page 1 of 1 powered by Legistar™9 Dated: November 8, 2023 RECOGNITION OF NOVEMBER AS NATIONAL NATIVE AMERICAN HERITAGE MONTH WHEREAS, long before European explorers set foot on the North American continent, this great land was cultivated and cherished by generations of Native Americans; and WHEREAS, the first American Indian Day was celebrated in May 1916 in New York, culminating an effort by Red Fox James, a member of the Blackfeet Nation, who rode across the nation on horseback seeking approval from 24 state governments to have a day to honor “American Indians”; and WHEREAS, it was not until seven decades later in 1990 that President George H.W. Bush signed a joint congressional resolution designating the month of November “National American Indian Heritage Month,”; and WHEREAS, we celebrate the 574 federally recognized tribes in the United States and the 9.7 million Native American and Alaska Natives for their contributions to the rich cultural tapestry of the United States; and WHEREAS, this month, we especially recognize the valuable contribution of the hundreds of thousands of American Indians and Alaska Natives who serve in the Armed Forces at five times the national average, greater than any group in the United States; and WHEREAS, we celebrate the contributions of Elouise Cobell, who fought for Native American rights in land and resource management, and Wilma Mankiller, the first female Principal Chief of the Cherokee Nation, who exemplify determination and leadership within Native American communities; and WHEREAS, during National Native American Heritage Month we celebrate the rich history, the generosity, and the extensive contributions, both historical and current, of our indigenous people and we recognize their stories as inextricably woven into the history of this county and city. NOW, THEREFORE, BE IT RESOLVED that Mayor Buenaflor Nicolas and the City Council of the City of South San Francisco remain committed to preserving and protecting Native American cultures, languages, and history, while ensuring prosperity and opportunity for all Native Americans. ________________________________ Buenaflor Nicolas, Mayor ________________________________ Mark Nagales, Vice Mayor ________________________________ Mark Addiego, Councilmember ________________________________ James Coleman, Councilmember ________________________________ Eddie Flores, Councilmember 10 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:23-981 Agenda Date:11/8/2023 Version:1 Item #:3. Proclamation Celebrating Small Business Saturday.(Flor Nicolas, Mayor) City of South San Francisco Printed on 11/3/2023Page 1 of 1 powered by Legistar™11 Dated: November 8, 2023 Recognition of November 25, 2023 as Small Business Saturday WHEREAS, the City of South San Francisco celebrates our local small businesses and the contributions they make to our local economy and community; and WHEREAS, according to the U.S. Small Business Administration, there are 33.2 million small businesses in the United States: small businesses represent 99.7% of firms with paid employees, small businesses are responsible for 62.7% of net new jobs created since 1995, and small businesses employ 46.4% of the employees in the private sector in the United States; and WHEREAS, 68 cents of every dollar spent at a small business in the United States stays in the local community and every dollar spent at small businesses creates an additional 48 cents in local business activity as a result of employees and local businesses purchasing local goods and services; and WHEREAS, 72% of consumers reported that Small Business Saturday 2022 made them want to shop and dine at small, independently-owned retailers and restaurants all year long; and WHEREAS, the City of South San Francisco supports our local businesses that create jobs, boost our local economy, and preserve our communities; and WHEREAS, advocacy groups, as well as public and private organizations, across the country have endorsed the Saturday after Thanksgiving as Small Business Saturday; and WHEREAS, urge the residents of our community, and communities across the country, to support small businesses and merchants on Small Business Saturday and to Shop Small throughout the year. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of South San Francisco hereby does proclaim November 25, 2023 as Small Business Saturday and encourages our community to support small businesses and merchants. ________________________________ Buenaflor Nicolas, Mayor ________________________________ Mark Nagales, Vice Mayor ________________________________ Mark Addiego, Councilmember ________________________________ James Coleman, Councilmember ________________________________ Eddie Flores, Councilmember 12 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:23-923 Agenda Date:11/8/2023 Version:1 Item #:4. Presentation of Medal of Valor to Sergeant Chris Devan and Officer Matt Zander for their bravery and courage saving two passengers in a vehicle fire. City of South San Francisco Printed on 11/3/2023Page 1 of 1 powered by Legistar™13 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:23-965 Agenda Date:11/8/2023 Version:1 Item #:5. Motion to approve the Minutes for October 23, 2023, October 25, 2023 and November 1, 2023. (Rosa Govea Acosta, City Clerk) City of South San Francisco Printed on 11/3/2023Page 1 of 1 powered by Legistar™14 CALL TO ORDER Mayor Nicolas called the meeting to order at 6:30 p.m. ROLL CALL Councilmember Addiego, present Councilmember Coleman, present Councilmember Flores, present Vice Mayor Nagales, present Mayor Nicolas, present AGENDA REVIEW None. PUBLIC COMMENTS – comments are limited to items on the Special Meeting Agenda. No public comments. ADMINISTRATIVE BUSINESS 1. Study Session regarding proposed amendments to the City Council Handbook. (Sky Woodruff, City Attorney and Rosa Govea Acosta, City Clerk) City Clerk Govea Acosta presented the report. The Council engaged in discussion and proposed revision to a portion of the City Council Handbook. ADJOURNMENT Being no further business Mayor Nicolas adjourned the meeting at 8:25 p.m. Submitted by: Approved: Jazmine Miranda Buenaflor Nicolas Assistant City Clerk Mayor Approved: / / MINUTES SPECIAL MEETING CITY COUNCIL CITY OF SOUTH SAN FRANCISCO MONDAY, OCTOBER 23, 2023 6:30 p.m. City Hall - City Manager Conference Room 400 Grand Avenue, South San Francisco, CA 15 CALL TO ORDER Mayor Nicolas called the meeting to order at 6:30 p.m. ROLL CALL Councilmember Addiego, present Councilmember Coleman, present Councilmember Flores, present Vice Mayor Nagales, present Mayor Nicolas, present PLEDGE OF ALLEGIANCE Mayor Nicolas requested Rafael Ponce to lead the pledge. AGENDA REVIEW City Manager Ranalas requested Announcements from Staff be moved after Presentations. PRESENTATIONS 1. Presentation celebrating Fire Prevention Poster Contest Winners. (Ian Hardage, Fire Marshall) Fire Marshall Hardage announced the recipients of the 2023 Poster Contest Winners to include the following: Martin Elementary School students Ayden Alvarez and Jennessy Ponce, Buri-Buri Elementary School students Isabella Chang and Usmaan Abdullah Noor, All Souls Catholic School students Valeria Gutierrez and Pedro DosSantos, Sunshine Elementary School students Mia Vaughan and Peyton Mayorga Anderson, Ponderosa Elementary School student Ava Marie Ramirez, St. Veronica Catholic School students James “Jamie” Francis and Quinn, Mills Montessori School students Daniel Zhou and Analyn Dinglasan, Monte Verde Elementary School students Jalen Yat Tom and Joshua Pang, Los Cerritos Elementary School students Nabil Khan and Evelyn Garcia, and Hillside Christian Academy student Benjamin Batlik. Mayor Nicolas presented a plaque of recognition to each student for their participation in the program and noted that their artwork was displayed at City Hall for public viewing. MINUTES REGULAR MEETING CITY COUNCIL CITY OF SOUTH SAN FRANCISCO WEDNESDAY, OCTOBER 25, 2023 6:30 p.m. Municipal Services Building, Council Chambers 33 Arroyo Drive, South San Francisco, CA Via Zoom 16 REGULAR CITY COUNCIL MEETING OCTOBER 25, 2023 MINUTES PAGE 2 2. Presentation recognizing CORA and the Speak-up program during domestic violence prevention month. (Karen Ferguson, Chief Executive Officer of Community Overcoming Relationship Abuse) Chief Executive Officer Karen Ferguson of Community Overcoming Relationship Abuse (CORA) presented an overview of the program and recognized the City of South San Francisco for being the first to join the SPEAK UP program. 3. Thrive Alliance, 2023 Regional Nonprofit Landscape Report for San Mateo and Santa Clara Counties. (Georgia Demetra Farooq, Executive Director, Thrive Alliance) Executive Director Georgia Farooq presented an overview of the 2023 regional data for San Mateo County and expressed her appreciation to Council for their support of local nonprofits. Councilmember Flores noted the lack of nonprofits and wanted to highlight how the city can step up. Councilmember Coleman stated he wanted to explore how to attract nonprofits in South San Francisco and expand office space that is affordable. 4. Proclamation celebrating Extra Mile Day in South San Francisco, November 1, 2023. (Flor Nicolas, Mayor) Mayor Nicolas declared November 1, 2023 as Extra Mile Day and recognized Dan and Ruth DeNardo with a proclamation. Ruth thanked the Council their acknowledgment and shared that they were both grateful for the recognition. 5. Presentation from the Commission on Equity and Public Safety advocating for the City’s Community Wellness and Crisis Response Team (Krystle Cansino, Chair and Salvador Delgadillo, Commissioner) Chair Cansino and Commissioner Delgadillo of the Commission on Equity and Public Safety presented an overview of the Community Wellness and Crisis Response Team. They acknowledged Diversity, Equity, and Inclusion Officer Stenhouse, former Management Fellow Ferguson, City Manager Ranals, Police Chief Campbell, and Captain Plank for all their efforts. The Council thanked the commission for their hard work, highlighted the importance of dialogue surrounding mental health, and shared they are hopeful to be an example for other cities. ANNOUNCEMENTS FROM STAFF • Sharon Ranals, City Manager • Rich Lee, Assistant City Manager PUBLIC COMMENTS – NON-AGENDA ITEMS The following individual(s) addressed the City Council: • Denise COUNCIL COMMENTS/REQUESTS Councilmember Flores shared he held a community conversation with the Housing Authority and thanked the residents, Police Department, and Fire Department for attending. He also highlighted the district 5 mixer held in partnership with the Chamber of Commerce at La Nueva Perla. He provided 17 REGULAR CITY COUNCIL MEETING OCTOBER 25, 2023 MINUTES PAGE 3 an overview of the events he attended to include the ribbon cutting for the Waster Quality Control Plant, ribbon cutting for the new field at Orange Memorial Park, SAMCEDA’s community conversation, and the Filipino Pride flag raising. He invited the community to attend the San Mateo County Health Forum: Sana Sana Colita de Rana hosted at South San Francisco High School on November 4, 2023. Councilmember Coleman shared he attended the National Alliance on Mental Illness (NAMI) 5k walk. He also attended the West Winston Manor Association meeting, thanked staff for attending, and addressed resident concerns regarding traffic safety. Councilmember Addiego highlighted the Orange Memorial Park ballfield opening and thanked staff for their dedication. He stated he toured the Ramada Inn as purchased by San Mateo County who will be working with Episcopal Community Services to provide housing and assistance to homeless individuals. He shared he was pleased with the professionalism and commitment of the SMC group of individuals managing the activities and services. He also requested the Traffic Advisory Committee work with Caltrans to review the timing of light signalization on El Camino Real and Chestnut Ave. Vice Mayor Nagales also highlighted the Orange Memorial Park ballfield opening and expressed his appreciation for the field. He requested the Traffic Advisory Committee review Westborough Square traffic regarding concerns in the plaza, pedestrian access, and sign replacement on Galway Drive. Mayor Nicolas shared that she attended several local schools to include Westborough Middle School. She thanked Francis Drake Lodge for recognizing Bill Stridbeck for his work on our Junior Giants program. She also expressed her gratitude to those who made out 3rd annual Flu Clinic happen at our City Hall parking lot. She also highlighted several community events to include the Halloween Extravaganza, Citizen’s Academy, Water Quality Control Plant ribbon cutting, and Filipino Flag Raising event. She invited all to attend the Library Parks and Recreation Center opening. She requested the meeting be adjourned in memory of Mauricio Fandino, Ruben Liwanag and Stephen Tarampi. CONSENT CALENDAR The City Clerk duly read the Consent Calendar, after which Council voted and engaged in discussion of specific item as follows. 6. Motion to approve the Minutes for October 11, 2023. (Rosa Govea Acosta, City Clerk) 7. Report regarding Resolution No. 159-2023 authorizing the acceptance of donations from various local partners valued at $7,286 used as table and appreciation gifts, door prize opportunities, and in-kind services for the August 26, 2023 South San Francisco Women’s Leadership Conference. (Valerie Sommer, Library Director) 8. Report regarding Resolution No. 160-2023 approving a Professional Services Agreement with Du-All Safety for a total amount Not to Exceed $360,000 from October 1, 2023 through September 30, 2026 for safety consulting services. (Leah Lockhart, Human Resources Director) Motion – Vice Mayor Nagales /Second – Councilmember Coleman: To approve Consent Calendar 6- 8, by roll call vote: AYES: Councilmembers Addiego, Coleman, Flores, and Vice Mayor Nagales, and Mayor Nicolas; NAYS: None; ABSENT: None; ABSTAIN: None 18 REGULAR CITY COUNCIL MEETING OCTOBER 25, 2023 MINUTES PAGE 4 ADMINISTRATIVE BUSINESS 9. Report regarding Resolution No. 161-2023 approving an agreement with Orege North America and authorizing the City Manager to execute the agreement on behalf of the City of South San Francisco not to exceed Seven Hundred Thousand Dollars ($700,000). (Brian Schumacker, Water Quality Control Plant Superintendent) Superintendent Schumacker presented the report. Mayor Nicolas inquired about the length of the testing period. Superintendent Schumacker stated the testing period would be about 90 days, Motion – Councilmember Coleman/Second – Councilmember Flores: To approve Resolution No. 161-2023 approving an agreement with Orege North America and authorizing the City Manager to execute the agreement on behalf of the City of South San Francisco not to exceed Seven Hundred Thousand Dollars ($700,000) by roll call vote: AYES: Councilmembers Addiego, Coleman, Flores, and Vice Mayor Nagales, and Mayor Nicolas; NAYS: None; ABSENT: None; ABSTAIN: None 10. Report regarding Resolution No. 162-2023 adopting the draft Sign Hill Open Space Master Plan. (Joshua Richardson, Parks Division Manager) Parks Division Manager Richardson introduced John Baas and Robin Graham with WRA Environmental Consultants and Daniel Shafir-School with gates + associates who presented the report. The Council inquired about the possibility of adding additional benches. Presenters noted the trails are currently conceptual and that designated areas for benches would be explored. Motion – Vice Mayor Nagales/Second – Councilmember Coleman: To approve Resolution No. 162- 2023 adopting the draft Sign Hill Open Space Master Plan., by roll call vote: AYES: Councilmembers Addiego, Coleman, Flores, and Vice Mayor Nagales, and Mayor Nicolas; NAYS: None; ABSENT: None; ABSTAIN: None 11. Consideration regarding Resolution No. 163-2023 and approval of a First Addendum to the 2023-2031 Adopted Housing Element to incorporate comments from the Department of Housing and Community Development (Tony Rozzi, Deputy Economic and Community Development Director) Deputy ECD Director Rozzi presented the report and highlighted the addendums. Vice Mayor Nagales inquired about the timeline for certification. Deputy Director Rozzi indicated that the response should be a couple of weeks. The following individual(s) addressed the City Council: In Person: • Matthew Beeston The Council inquired about prioritizing prequalification’s and incentives. City Manager Ranals stated additional information would be provided. They also engaged in discussion surrounding edits to the addendum. City Attorney Woodruff provided guidance as to approval of the first addendum of the housing addendum and administratively incorporate a section of the text presented subject to review and approval from the City Attorney. 19 REGULAR CITY COUNCIL MEETING OCTOBER 25, 2023 MINUTES PAGE 5 Motion – Councilmember Flores/Second – Councilmember Coleman: To approve Resolution No. 163-2023 and approval of a First Addendum to the 2023-2031 Adopted Housing Element to incorporate comments from the Department of Housing and Community Development, by roll call vote: AYES: Councilmembers Addiego, Coleman, Flores, and Vice Mayor Nagales, and Mayor Nicolas; NAYS: None; ABSENT: None; ABSTAIN: None 12. Report regarding Resolution No. 164-2023 approving and authorizing the City Manager to execute a legal services agreement with Sher Edling LLP regarding PCB litigation (Sky Woodruff, City Attorney) City Attorney Woodruff presented the report. Motion – Councilmember Addiego/Second – Councilmember Coleman: To approve Resolution No. 164-2023 approving and authorizing the City Manager to execute a legal services agreement with Sher Edling LLP regarding PCB litigation, by roll call vote: AYES: Councilmembers Addiego, Coleman, Flores, and Vice Mayor Nagales, and Mayor Nicolas; NAYS: None; ABSENT: None; ABSTAIN: None CLOSED SESSION Entered into Closed Session: 8:44 p.m. 13. Conference with Real Property Negotiators (Pursuant to Government Code section 54956.8) Property: Vacant Property on Sylvester Rd. north of Associated Rd., APN 015031090 Agency negotiators: Nell Selander, Economic & Community Development Director and Adena Friedman, Chief Planner Negotiating parties: Unknown at this time. Property is subject to tax sale by San Mateo County. Under negotiation: Price and terms 14. Closed Session: Conference with Real Property Negotiators (Pursuant to Government Code Section 54956.8) Property: 201 Baden Avenue (APN 012-335-100 and APN 012-335-110) Agency Negotiators: Nell Selander, Economic & Community Development Director and Danielle Thoe, Housing Manager Negotiating Parties: Eden Housing, Inc Under Negotiation: Price and terms Resumed from Closed Session 9:13 p.m Report out of Closed Session by Mayor Nicolas: Direction given. No reportable action. ITEMS FROM COUNCIL – COMMITTEE REPORTS AND ANNOUNCEMENTS Councilmember Flores stated the Council of Cities would be taking place on October 27, 2023. Councilmember Coleman requested the meeting be adjourned in memory of Ricardo Palomino and Burton Conrad. 20 REGULAR CITY COUNCIL MEETING OCTOBER 25, 2023 MINUTES PAGE 6 Mayor Nicolas requested the meeting be adjourned in memory of Donald Jacobberger. Vice Mayor Nagales noted that this was the last meeting to be held at the Municipal Services Building and stated all future meetings would be held at the Library Parks and Recreation Center. ADJOURNMENT Being no further business Mayor Nicolas adjourned the City Council meeting at 9:14 p.m. *** Adjourned in Memory of Mauricio Fandino, Ruben Liwanag, Stephen Tarampi, Ricardo Palomino, Burton Conrad, and Donald Jacobberger. *** Submitted by: Approved by: Jazmine Miranda Buenaflor Nicolas Assistant City Clerk Mayor Approved by the City Council: / / 21 CALL TO ORDER Mayor Nicolas called the meeting to order at 6:30 p.m. ROLL CALL Councilmember Addiego, present Councilmember Coleman, present Councilmember Flores, present Vice Mayor Nagales, present Mayor Nicolas, present AGENDA REVIEW None. PUBLIC COMMENTS – comments are limited to items on the Special Meeting Agenda. No public comments. PRESENTATION 1. 2023 State of the City Update. (Flor Nicolas, Mayor) Mayor Nicolas delivered the State of the City address and highlighted the opening of the Library Parks and Recreation Center. ADJOURNMENT Being no further business Mayor Nicolas adjourned the meeting at 7:09 p.m. Submitted by: Approved: Jazmine Miranda Buenaflor Nicolas Assistant City Clerk Mayor Approved: / / MINUTES SPECIAL MEETING CITY COUNCIL CITY OF SOUTH SAN FRANCISCO WEDNESDAY, NOVEMBER 01, 2023 6:30 p.m. Library Parks and Recreation Center, Council Chambers 901 Civic Campus Way, South San Francisco, CA 22 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:23-975 Agenda Date:11/8/2023 Version:1 Item #:6. Report regarding a resolution approving the amendments to the City Council Procedures and Protocols Handbook.(Rosa Govea Acosta, City Clerk and Sky Woodruff, City Attorney) RECOMMENDATION It is recommended that the City Council adopt a resolution approving the amendments to the City Council Procedures and Protocols Handbook (Handbook). BACKGROUND/DISCUSSION On August 25,2021,the City Council updated the handbook to reflect current Council policy and legislation changes.The City Council reviewed proposed amendments to the Handbook on April 4, 2023,and October 23,2023,Special meetings.A redline version of the handbook and appendices are included as an attachment for review. The purpose of the handbook is to outline the fundamental responsibilities of the City Council members and to memorialize Council policies regarding a number of issues,including Mayoral rotation,meeting procedures,and appointments to advisory bodies.The city intends for the handbook to orient new Council Members and serve as a point of reference in the event questions arise.The handbook is not all-inclusive,nor does the city intend for it to supersede any local,state,or federal laws.The city intends for the handbook to be a dynamic document,and it will be amended as needed. CONCLUSION Upon review of the revisions set forth,it is recommended that the City Council approve the amendments to the Handbook. Attachments 1.2023 City Council Procedures and Protocols Handbook and appendices City of South San Francisco Printed on 11/3/2023Page 1 of 1 powered by Legistar™23 CITY OF SOUTH SAN FRANCISCO CITY COUNCIL PROCEDURES AND PROTOCOLS Prepared by: Office of the City Clerk Rosa Govea Acosta, City Clerk Adopted on August 25, 2021, Resolution No. 155-2021 24 1 | Page Table of Contents INTRODUCTION............................................................................................................. 3 MISSION STATEMENT ................................................................................................. 3 VALUES ............................................................................................................................ 3 GUIDING PRINCIPLES ................................................................................................. 4 CITY SEAL ....................................................................................................................... 4 CITY COUNCIL ............................................................................................................... 4 CITY COUNCIL-MANAGER FORM OF GOVERNMENT ...................................... 5 ROLES AND RESPONSIBILITIES ............................................................................... 6 CONCURRENT ROLES ................................................................................................. 9 COUNCIL COMMITTEE ASSIGNMENTS ................................................................. 9 ROLES IN DISASTER................................................................................................... 10 COUNCIL REORGANIZATION ................................................................................. 14 ELECTED SEAT VACANCIES ................................................................................... 16 COMPENSATION ......................................................................................................... 16 TRAINING EXPENSES ................................................................................................ 17 EQUIPMENT AND SUPPLIES .................................................................................... 18 QUORUM ........................................................................................................................ 18 SUBPOENAS................................................................................................................... 18 CONDUCT OF MEETINGS ......................................................................................... 19 COUNCIL CONDUCT WITH STAFF ........................................................................ 19 BROWN ACT.................................................................................................................. 20 ROSENBERG RULES OF ORDER ............................................................................. 23 ABSENCES AND REMOTE ATTENDANCE ............................................................ 23 LEGISLATIVE ACTIONS ............................................................................................ 26 VOTING .......................................................................................................................... 28 BASIC PROCEDURES – MAIN MOTIONS .............................................................. 29 REQUESTS FOR AGENDA ITEMS, ORDINANCES, OR LEGAL OPINION ..... 30 MEETINGS ..................................................................................................................... 30 AGENDA ORDER .......................................................................................................... 32 PUBLIC HEARINGS ..................................................................................................... 35 PUBLIC PARTICIPATION .......................................................................................... 36 25 2 | Page MEETINGS – VIDEO STREAMED AND BROADCAST ........................................ 41 MINUTES ........................................................................................................................ 41 BOARDS AND COMMISSIONS .................................................................................. 42 STAFF ASSISTANCE .................................................................................................... 45 COUNCIL MAIL ............................................................................................................ 46 CONFLICT OF INTEREST .......................................................................................... 47 POLICY ON EXPRESSION OF CITY OR COUNCIL POSITIONS ...................... 48 POLICY ON COMMUNITY FUNDING ..................................................................... 49 POLICY ON DEDICATION OF CITY FACILITIES ............................................... 50 26 3 | Page INTRODUCTION The City of South San Francisco is a municipal corporation. South San Francisco is a general law city, established pursuant to California law, with a City Council-City Manager form of government. In order to collect and clarify its procedures and policies, and as provided by Government Code Section 36813, the City Council establishes this handbook. The Handbook is intended to assist Councilmembers in carrying out their roles, as well as to provide useful information to prospective Councilmembers and other interested citizens. Through the agreement of the City Council and staff to adhere to these practices, the effective administration of City Council affairs is greatly enhanced. Councilmembers will be provided a copy of and be familiar with the Handbook. The City Council will conduct its meetings in accordance with the guidance in the Handbook. The City Clerk shall be responsible for the maintenance of the Handbook and for making it available to the public. It is anticipated that this Handbook will be reviewed at least biennially, in order to reflect either changes in the law or City Council procedure or policy. This handbook is not intended to be a legal statement and is not written in legal terms. MISSION STATEMENT The City of South San Francisco’s mission is to provide a safe, attractive, and well-maintained city through excellent customer service and superior programs, and a work ethic that will enhance the community’s quality of life. To that end, we will strive to nurture a partnership with the community by recruiting a diverse, inclusive, and highly skilled workforce, being an active partner in quality education, and attracting and retaining a prosperous business community, all of which will foster community pride and understanding. South San Francisco is a place where everyone can thrive. Its high quality of life, diverse and inclusive community, livable neighborhoods, excellent services, culture of innovation, and environmental leadership ensure all people have the opportunity to reach their full potential. VALUES As an organization we are committed to: • Diversity and Inclusion • Livability • Sustainability • Innovation GUIDING PRINCIPLES • Affordable, Safe, Attractive Amenity-Rich Neighborhoods • High-Qual ity and Accessible Services, Facilities, and Amenities for Residents at All Stages of their Lives • A Safe, Convenient, and Accessible Transportation Network w ell-connected to the Region • A Resilient Community • A Prosperous Downtown and Local Economy 27 4 | Page CITY SEAL The term "city seal" is used to refer to two different items: the official corporate seal and the city logo which appears on business cards, letterhead, and so forth. The corporate seal, which is in the custody of the City Clerk, is a stamp which leaves a visible and tactile impression upon a document. The seal is circular, has a two-inch diameter and the words "Seal of the City of South San Francisco Incorporated September 19, 1908". Use of the corporate seal is mostly a matter of custom and ceremony. The city logo appears frequently and is what most people identify as the city seal. It is circular, exists in a variety of sizes, says "City of South San Francisco California" and has a detailed rendering of city scenes in the center. It is used to associate items and materials with the City and is not to be used in any manner which would imply the official sanction of the City when such is not the case. For other than official city business or city-related activities, the logo/seal may not be used to imply that a user represents or is in any way officially associated with the City except by specific written authorization of the City Manager. Councilmembers who abuse the use of the city seal in intentional political and campaign activities, such as paid campaign advertisements, shall apologize publicly over their abuse of city resources. The councilmembers will also do whatever is in their power to cease and desist the spread and distribution of such campaign materials. CITY COUNCIL As a general law city, South San Francisco derives its authority from and is subject to the general laws of the State of California. Its authority to regulate is limited to those powers authorized by the State of Constitution and laws adopted by the State Legislature. South San Francisco has a five-member City Council elected at district-level seats by each of the City’s five (5) districts to four-year terms on a staggered biennial basis. Councilmember terms are staggered so that a measure of continuity is maintained in the transition from one City Council to the next. The powers of a City Council in California to establish policy are quite broad. Essentially, councils may undertake any action related to city affairs other than those forbidden or preempted by state or federal law. Specifically, the City Council shall have the power, in the name of the city, to do and perform all acts and things appropriate to a municipal corporation and the general welfare of its inhabitants, which are not specifically forbidden by the Constitution and laws of the State of California. The South San Francisco City Council acts as a body. While the Mayor has some additional ceremonial and administrative responsibilities, no Councilmember has any power or additional votes beyond those of the other members or the Mayor. In the establishment of policy, voting and in all areas except those identified below, all members are equal. Except where the law requires a certain number of affirmative votes, a majority vote of the City Council establishes policy and makes decisions for the City. While an individual member may disagree with a decision of the City Council, a decision of the majority does bind the City Council to a course of action. In turn, it is the city staff’s responsibility to ensure that the policy of the City Council is implemented. Actions by city staff to implement a decision of the City Council do not reflect any bias against a Councilmember who held a minority view on that issue. 28 5 | Page Appointment of City Manager and City Attorney The City Council appoints two positions within the city organization: the City Manager and the City Attorney (currently a contract attorney). Both positions serve at the will of the City Council as a body. The City Attorney serves as parliamentarian during City Council meetings. The role of the parliamentarian is advisory and consultative; the chair has the power to rule on questions of order. CITY COUNCIL-MANAGER FORM OF GOVERNMENT Role of the City Manager The City Manager is an employee of the City and has an employment agreement that specifies certain terms of employment including an annual performance evaluation by the City Council. The City Manager is responsible for all other personnel appointments within the City with the exception of the City Attorney’s office. The employment relationship between the City Council and the City Manager honors the fact that the City Manager is the Chief Executive Officer of the City who works for five independently elected officials. The City Council and City Manager should be a participatory team. Councilmembers should avoid situations that can result in the City staff being directed by one or two members of the Council. Regular communication between the City Council and the City Manager is important in managing open communications. All dealings with the City Manager, whether in public or private, should respect the authority of the City Manager in administrative matters. The City Council evaluates the performance of the City Manager on an annual basis to ensure that both the City Council and the City Manager are in agreement about performance and goals. As in any professional relationship, it is important that the City Manager keeps the City Council informed. The City Manager respects and is sensitive to the political responsibility of the City Council and acknowledges that the final responsibility for establishing the policy direction of the City is held by the City Council. The City Manager’s power and authority include the ability to: Review all agenda documents before preparing the agenda for any regular or special meeting of the City Council. Direct the work of all appointive City officers and departments that are the concern and responsibility of the City Council, except those that are directly appointed by or report directly to the City Council. Recommend to the City Council adoption of polices or procedures that the City Manager may deem necessary for the health, safety or welfare of the community. Conduct research in administrative practices in order to bring about greater efficiency in City government. Execute and issue letters of support in communication with the Mayor for funding support as directed by a majority of the City Council. 29 6 | Page ROLES AND RESPONSIBILITIES Councils are comprised of individuals with a wide variety of backgrounds, personalities, values, opinions, and goals. Despite this diversity, all have chosen to serve in public office in order to improve the quality of life in the community. In all cases, this common goal should be acknowledged even as the Council may "agree to disagree" on contentious issues. All members of the City Council, including those serving as Mayor and Vice-Mayor, have equal votes. No Councilmember has more power than any other Councilmember, and all should be treated with equal respect and provided with the same opportunities for discussion and dialogue during deliberations considered by the council. Mayor ∗ Is nominated and appointed on a special council meeting held after the final declaration of the results of the preceding Council election and prior to the first regular council meeting in December during election years, and on a special held council meeting prior to the first regular council meeting in December in non-election years. ∗ Serves as the presiding officer of the City Council, preserving strict order and decorum at all publicly noticed meetings of the City Council; announces City Council decisions on all subjects; and decides all questions of order, including items to be placed on the regular council meeting agenda in communication with the City Manager, City Attorney, and City Clerk, subject to modification by the City Council. ∗ Plans and organizes with City Manager and city staff the annual City Council strategic priorities retreat. ∗ Leads the City Council into an effective and cohesive working team. ∗ Is recognized as the ceremonial spokesperson for the City. ∗ Serves as the City Council’s spokesperson in the media. However, when a direct inquiry is made to Councilmembers from media, members should apprise the Mayor and City Manager of communications with any media outreach, interview or presentations, when possible and if timing permits. ∗ Selects a substitute for City representation when unable to attend and speak. ∗ May call for special meetings or council study sessions as necessary in response to the scope and timing of the City Council’s workload and schedule. ∗ Signs minutes or other required documents on behalf of the City when Mayor’s signature is required. ∗ Appoints other councilmembers to regional or county govt bodies, associations, boards, and commissions and checks in with them on their current assignments. ∗ Rotates the assignment of councilmembers to internal assigned committees that focus on direct internal city work. ∗ Responds to correspondence submitted to the full City Council on non-agenda items, regular mail or electronic communication. ∗ Oversees the administration of proclamations and plaques as adopted by the City Council. ∗ Issues proclamation and plaques as needed without formal action by City Council. 30 7 | Page However, any councilmember may submit a request to the Mayor for such items. Certificates of Recognition and Commendations may be issued by all members without formal approval action being taken. ∗ Coordinates the annual performance evaluation of the City Manager and City Attorney. ∗ Is entitled to vote on all matters and vote counts only once. Does not have veto power or ability to break any form of vote ties. ∗ Has the discretionary decision-making authority of time-allotment given to speakers or members of the public during special or regular council meetings. * The Mayor may require any person addressing the Council to be sworn in as a witness and to testify under oath and must so request if directed to do so by a majority of the Council. The Mayor may administer oaths. This rarely occurs. Appeals and revocation hearings are the most likely instances when testimony is taken under oath. Vice Mayor ∗ Serves as the presiding officer when the Mayor is absent. ∗ Performs all of the duties of the Mayor in the Mayor’s absence or specific duties at the request of the Mayor. ∗ Represents the City at ceremonial functions at the request of the Mayor. Councilmembers: ∗ Be responsible for the highest standards of respect, civility and honesty in ensuring the effective maintenance of intergovernmental relations. ∗ Serve as role models of leadership, public service and civility to the community. ∗ Inspire public confidence and respect in South San Francisco government. ∗ Respect the roles of all elected officials and City staff to ensure an open and effective government. ∗ Work for the common good, not personal interest. ∗ Participate in all scheduled City Council meetings in person or virtually as allowed by the Brown Act and in other public forums while demonstrating respect, consideration and courtesy to others. ∗ Demonstrate honesty and integrity in every action and statement. ∗ Comply with both the letter and spirit of the laws and policies affecting the operation of government. ∗ Prepare in advance of City Council meetings and be familiar with issues on the agenda. This includes making every effort to consult with the City Manager and ask questions with enough time for a response to be provided prior to the City Council meeting. ∗ Shall be respectful of other people’s time, stay focused and act efficiently during public meetings. ∗ Shall not represent publicly that they have authority to take action on behalf of the City in their capacity as an elected official or that they have authority to take action on behalf of the City on any matter that has no direct effect on the local affairs of the City and over which the City has no jurisdiction, including and not limited to the council district they have been elected to represent. This includes writing or authoring letters of support or other documents without prior authorization from the Mayor and City Council. ∗ Commit to spending time each year outside of regular City Council meetings to work 31 8 | Page with the City Manager and staff on setting goals and priorities for the City government, including the District they represent, and by attending the annual council retreat and/or to work on issues that may be inhibiting the maximal achievement of City goals. ∗ May represent the City at ceremonial functions at the request of the Mayor. ∗ Represent the city on regional appointed bodies (boards, associations, ad hoc committees, and commissions) as appointed by the Mayor. Ensuring that the voice of the city is brought forth in all votes and matters addressed in those bodies. The confirmation will be done publicly at the City Council's first meeting, following the City Council Reorganization, typically in January every year under "Items from Council" with a roll- call vote of approval by members. The item will be placed on the agenda by the City Manager’s office. ∗ Participate in scheduled activities to increase Council effectiveness. ∗ Review Council procedures, such as these Council Protocols, biennially. ∗ Represent their respective districts and bring forth issues of concern that may affect their district(s) and may have a citywide impact. ∗ Provide contact information to the City Clerk in case an emergency or urgent situation arises while the Councilmember is out of town. ∗ Complete all required training in a timely manner, including State-mandated AB 1234 Ethics Training, Workplace Harassment Training, and Cyber Security training. ∗ File all required Fair Political Practices Commission documentation, including the annual Statement of Economic Interests and campaign statements in a timely manner with all entities as required i.e., Successor Agency and Regional Bodies. CONCURRENT ROLES Members of the City Council serve as members of other entities operating on behalf of South San Francisco. Successor Agency to the Redevelopment Agency The former Redevelopment Agency was established in 1979 and dissolved on February 1, 2012. Pursuant to Assembly Bill x1 26 (“AB 26”), which amended provisions of the State’s Community Redevelopment Law (Health and Safety Code sections 330000 et seq.) (“Dissolution Law”), the members of the City Council serve as the members of the Successor Agency to the former Redevelopment Agency of the City of South San Francisco (“Successor Agency”). Dissolution defines the roles and duties of the Successor Agency. Recreation and Park District Originally established in 1950 as the Park, Recreation and Parkway District, this entity was reorganized as the Recreation and Park District in 1961 in conformance with Public Resources Code Section 5780 et seq. The City Council serves as the board of directors, which may organize, promote, conduct and advertise programs of community recreation, establish, maintain and operate recreation centers, parks and parkways, and provide transportation services. Willow Gardens Parks and Parkways Maintenance District The City Council is the governing body for the City’s share of the property tax allocated towards the Willow Gardens Parks and Parkways Maintenance District, and the City Council serves as the board of directors of this district. 32 9 | Page South San Francisco Public Facilities Financing Authority The City Council is the governing body of the authority. The authority shall be a public entity separate from the City and Parking Authority as established in the joint exercise of powers agreement, which may assist in the financing and refinancing of capital improvement projects of the members and other activities of the members as permitted. COUNCIL COMMITTEE ASSIGNMENTS The Council may organize among its members such standing committees of two members as it may determine useful, each of which shall act as a fact-finding committee for the purpose of considering all available information on proposed legislation or matters of policy referred to it and shall make recommendations to the Council as a whole. The Mayor shall assign each Councilmember to various standing committees every year. Members are appointed in January of each year. Participation and attendance at those committee meetings is important. Continued absences from meetings without good cause may result in removal from a committee at the discretion of the Mayor, taking into consideration advice from other committee members. From time-to-time ad hoc committees may be organized by the Mayor to address special concerns which may be of short duration. Additionally, each Councilmember may be assigned by the Mayor as liaison to various boards, committees and commissions, and other public agencies or quasi-public agencies. It is the prerogative of the Mayor, taking into consideration relative length of Council service, individual Councilmember preference and equivalency, to assign individual Councilmembers to various committees. There should be a yearly rotation in December for city internal committees and ad-hoc bodies in order for all members of the council to gain knowledge, provide feedback and expertise on city matters. The external/regional assignments shall stay the same year over year, unless there is a vacancy created by termination of term of office, death, or other physical restrictions that do not allow a member to continue in that role. The consistency of members in each of the regional bodies is important for the representation of the city and for contextual business knowledge of the topics of that body. San Mateo Council of Cities/City Selection Committee Before each Council of Cities meeting, the Mayor shall consult the City Council on the direction for the first vote for a position. On the first vote for a position opened and advertised and subsequently selected by the San Mateo Council of Cities/City Selection Committee, the City’s designated representative which can be the (i.e., Mayor or Vice Mayor or the presiding officer indicated via a formal proxy) must vote in accordance with the City Council’s direction. All subsequent votes are left to the discretion of the designated representative. If the Mayor is not able to attend the monthly San Mateo Council of Cities/City Selection Committee meeting the order of seniority will take place and the Vice Mayor will serve as proxy 33 10 | Page by submitting a formal document and submitting, it to the county clerk of the board via the City Manager’s office. At these meetings, the Mayor, Vice Mayor or the most senior member of council (determined by election date) will introduce the council delegation attending and representing the city at these events/meetings. ROLE IN DISASTER The City Council has some special, extraordinary powers in the case of a disaster. Some meeting restrictions and expenditure controls are eased in such extreme situations. In critical situations the City Council may be directed to assemble in the City’s Emergency Operations Center (EOC), to provide policy guidance and to receive information. Refer to South San Francisco Municipal Code Chapter 2.72, which establishes the disaster Council under state law, and the City’s Emergency Operation Plan. For the statutory provisions authorizing cities to establish disaster relief bodies, see Gov. Code § 8610 et seq. For the statutory provisions on the State Emergency Council’s rules and regulations governing disaster services workers, see Gov. Code § 8580. 2.72.010 Purposes. The declared purposes of this chapter are to provide for the preparation and carrying out of plans for the protection of persons and property within this city in the event of an emergency; the direction of the emergency organization; and the coordination of the emergency functions of this city with all other public agencies, corporations, organizations and affected private persons. (Ord. 622 § 1, 1971) 2.72.020 Definition. As used in this chapter, “emergency” means the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this city caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, drought, sudden and severe energy shortage, plant or animal infestation or disease or earthquake, or other conditions, including conditions resulting from war or imminent threat of war, but other than conditions resulting from a labor controversy, which conditions are or are likely to be beyond the control of the services, personnel, equipment and facilities of this city, requiring the combined forces of other political subdivisions to combat. (Ord. 938 § 1, 1983; Ord. 622 § 2, 1971) 2.72.030 Disaster Councilmembership. The city disaster council is created and shall consist of the following: (a) The Mayor, who shall be chairman; (b) The director of emergency services, who shall be vice-chairman; (c) The assistant director of emergency services; (d) Such chiefs of emergency services as are provided for in the current emergency plan of this city, adopted pursuant to this chapter; (e) Such representatives of civic, business, labor, veterans, professional or other organizations having an official emergency responsibility, as may be appointed by the director with the advice and consent of the City Council. (Ord. 622 § 3, 1971) 2.72.040 Disaster council powers and duties. 34 11 | Page It shall be the duty of the city disaster council, and it is empowered, to develop and recommend for adoption by the City Council, emergency and mutual aid plans and agreements and such ordinances and resolutions and rules and regulations as are necessary to implement such plans and agreements. The disaster council or selected representation therefrom shall meet upon call of the chairman or, in his absence from the city or inability to call such meeting, upon call of the vice-chairman. (Ord. 622 § 4, 1971) 2.72.050 Director and assistant director of emergency services. (a) The offices of director of emergency services and assistant director of emergency services are created. The City Manager shall be the director of emergency services and the fire chief shall be the assistant director of emergency services. (b) The order of succession to the office of the director of emergency services shall be the assistant director and thereafter the police chief. (Ord. 1053 § 6, 1989; Ord. 622 § 5, 1971) 2.72.060 Powers and duties of the director and assistant director of emergency services. (a) The director is empowered to: (1) Request the City Council to proclaim the existence or threatened existence of a local emergency if the City Council is in session, or to issue such proclamation if the City Council is not in session. Whenever a local emergency is proclaimed by the director, the City Council shall take action to ratify the proclamation within seven days thereafter or the proclamation shall have no further force or effect; (2) Request the governor to proclaim a state of emergency when, in the opinion of the director, the locally available resources are inadequate to cope with the emergency; (3) Control and direct the effort of the emergency organization of this city for the accomplishment of the purposes of this chapter; (4) Direct cooperation between and coordination of services and staff of the emergency organization of this city; and resolve questions of authority and responsibility that may arise between them; (5) Represent this city in all dealings with public or private agencies on matters pertaining to emergencies as defined herein; (6) In the event of the proclamation of a local emergency as herein provided, the proclamation of a state of emergency by the Governor or the Director of the State Office of Emergency Services, or the existence of a state of war emergency, the director is empowered: (A) To make and issue rules and regulations, on matters reasonably related to the protection of life and property as effected by such emergency; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the City Council, (B) To obtain vital supplies, equipment and such other properties found lacking and needed for the protection of life and property and to bind the city for the fair value thereof and, if required immediately, to commandeer the same for public use, 35 12 | Page (C) To require emergency services of any city officer or employee and, in the event of the proclamation of a state of emergency in the county in which this city is located or the existence of a state of war emergency, to command the aid of as many citizens of this community as he deems necessary in the execution of his duties; such persons shall be entitled to all privileges, benefits and immunities as are provided by state law for registered disaster service workers, (D) To requisition necessary personnel or material of any city department or agency, and (E) To execute all of his ordinary power as City Manager, all of the special powers conferred upon him by this chapter or by resolution or emergency plan pursuant hereto adopted by the City Council, all powers conferred upon him by any statute, by any agreement approved by the City Council and by any other lawful authority. (b) The assistant director shall, under the supervision of the director and with the assistance of emergency service chiefs, develop emergency plans and manage the emergency programs of this city; and shall have such other powers and duties as may be assigned by the director. (Ord. 1053 § 7, 1989; Ord. 622 § 6, 1971) 2.72.070 Emergency organization. All officers and employees of this city, together with those volunteer forces enrolled to aid them during an emergency, and all groups, organizations and persons who may by agreement or operation of law, including persons impressed into service under the provisions of Section 2.72.060(a)(6)(C), be charged with duties incident to the protection of life and property in this city during such emergency, shall constitute the emergency organization of the city. (Ord. 622 § 7, 1971) 2.72.080 Emergency plan. The city disaster council shall be responsible for the development of the city emergency plan, which plan shall provide for the effective mobilization of all of the resources of this city, both public and private, to meet any condition constituting a local emergency, state of emergency or state of war emergency, and shall provide for the organization, powers and duties, services and staff of the emergency organization. Such a plan shall be in effect as of the date of an approving resolution by the City Council. (Ord. 622 § 8, 1971) 2.72.090 Relationship with San Mateo Operational Area. The city of South San Francisco shall be a member of the San Mateo Operational Area Emergency Services Organization, which serves to coordinate civil defense and disaster plans, programs and agreements among the political subdivisions in the county of San Mateo and between the political subdivisions and the Office of Emergency Services of the state of California. The Mayor or an alternate from the City Council shall be a voting member of the San Mateo Operational Area Emergency Services Council, which serves as the governing body of the San Mateo Operational Area Emergency Services Organization. (Ord. 938 § 2, 1983; Ord. 622 § 9, 1971) 2.72.100 Expenditures. 36 13 | Page Any expenditures made in connection with emergency activities, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the city. (Ord. 622 § 10, 1971) 2.72.110 Penalty for violations. It is a misdemeanor, punishable by a fine of not to exceed five hundred dollars, or by imprisonment for not to exceed six months, or both, for any person, during an emergency, to: (a) Willfully obstruct, hinder or delay any member of the emergency organization in the enforcement of any lawful rule or regulation issued pursuant to this chapter, or in the performance of any duty imposed upon him by virtue of this chapter; (b) Do any act forbidden by any lawful rule or regulation issued pursuant to this chapter, if such act is of such a nature as to give or be likely to give assistance to the enemy or to imperil the lives or property of inhabitants of this city, or to prevent, hinder or delay the defense or protection thereof; (c) Wear, carry or display, without authority, any means of identification specified by the emergency agency of the state. (Ord. 622 § 11, 1971) COUNCIL REORGANIZATION Newly elected Councilmembers are sworn into office at a special meeting in December following a regular municipal election on even election years. Newly elected members of a legislative body who have not yet assumed office must conform to the requirements of the Brown Act as if already in office. Thus, meetings between incumbents and newly elected members of a legislative body, such as a meeting between two outgoing members and a member- elect of a five-member body, could violate the Brown Act (California Government Code Section 54952.1). A reception will be held immediately following the reorganization meeting provided that there is no other emergent matter occurring at that time or a declared state of emergency. The City Council shall meet annually to choose one of its members as Mayor and one of its members as Vice-Mayor. The meeting to determine organization or reorganization of the City Council (i.e., selection of Mayor and Vice-Mayor) shall be held on or before the Tuesday that immediately precedes the Wednesday of the first regularly scheduled meeting of the City Council in December, unless the Mayor and City Council select a different date in discussion with the City Clerk’s office. In even numbered years in which a regular City Council election occurs, the reorganization shall follow certification of the election results by the San Mateo County Office of Elections. Selection of Mayor and Vice Mayor Rotation by District: Members rotated in order of the district number they represent. With the advent of district elections, it is important to ensure that every district has an equal chance at representation through the Mayorship. 37 14 | Page In the event of new councilmembers being elected and beginning their term on their district’s “Mayor year,” it will be required for any new Councilmember to start their first year as Councilmember, then the subsequent year as Vice Mayor, and the third year as Mayor. The order will temporarily skip that district’s new councilmember to the next in line, until that new Councilmember is in their third year, where they will have some experience that allows them to serve more effectively. The order will resume following the temporary displacement. This will allow for newly elected Councilmembers to gain experience instead of immediately assuming the Mayor role. A councilmember does not have to be Vice Mayor the year immediately preceding their Mayoral year. Order of Rotation per District 2023 District 3 2024 District 4 2025 District 5 2026 District 1 ELECTED SEAT VACANCIES Government Code Section 36512 governs the filling of City Council, City Treasurer, and City Clerk elected vacancies for general law cities if the City has not already adopted its own ordinance governing vacancies pursuant to that section. Per Government Code Section 36512, the City Council shall, within 60 days from the commencement of the vacancy, either fill the vacancy by appointment or call a special election to fill the vacancy. The special election shall be held on the next regularly established election date not less than 114 days from the call of the special election. A person appointed or elected to fill a vacancy holds office for the unexpired term of the former incumbent. However, the City may enact an ordinance providing that a person appointed to fill a vacancy holds office only until the date of a special election which shall immediately be called to fill the remainder of the term. COMPENSATION Each member of the City Council receives a monthly salary as provided for in the South San Francisco Municipal Code Chapter 2.12, Government Code Section 36516, as amended. Salaries are payable at the same time and in the same manner as salaries are paid to other officers and employees of the City. City Council compensation is governed by state law. Under Government Code section 36516 and 36516.5, Council compensation can only be adjusted by ordinance. Changes only go into effect when a member of Council begins a new term. Increases can only be 5% per year since the last adjustment. Councilmembers are optional members of the Public Employees’ Retirement System and also receive Social Security coverage during their term of office. They also are provided with various insurance benefits. (Appendix 4: Summary of benefits) Attendance at pertinent meetings, conferences or seminars will be reimbursed in the same manner as for city employees. 38 15 | Page The established salaries are exclusive of any amount payable to each member of the Council as reimbursement for actual and necessary expenses incurred in the performance of official duties for the City. Appendix 10: City Council’s Reimbursement policy. TRAINING EXPENSES Below is guidance on the use of public funds as presented by the Fair Political Practices Commission (FPPC) online AB 1234 training. “Public officials deal with many difficult and complex issues. It can be helpful to attend conferences to learn more about these issues and consult with officials from other jurisdictions about what they do. There are a number of conferences that offer valuable information to help local officials better serve their communities. But what happens if an official says he or she is going to a conference and then the official misses all or most of the educational sessions? Such a scenario raises both legal and ethical issues. The legal issue is that all expenditures of public money must support a public purpose. The public purpose of sending someone to a conference is for the attendee to acquire new information and knowledge to help better serve the community. If the official doesn't do this (and instead uses the trip as a recreational opportunity), the official risks being accused of using public resources for non-public, personal purposes. The ethical issue is whether the charge can be made that the official misrepresented his or her purpose in traveling to the conference location. If the official said it was to attend the conference, but the official really didn't, then both the official's colleagues and the public's trust in the official's truthfulness will be diminished. Use of Public Resources for Political Purposes The same rules that prevent personal use of public resources also prohibit political use of public resources. This means public officials may not use agency equipment, supplies or staff time for political purposes. "Political purposes" includes activities to promote or defeat candidates for public office; they also include campaign activities promoting the passage or defeat of ballot measures. Consequences of Violations Misuse of public resources for personal or political purposes is punishable by: • Civil penalties of up to $1,000 a day plus three times the value of the resource used. • Criminal penalties include a two- to four-year prison term and being disqualified from holding public office. • Prosecution for income tax evasion, with associated penalties under federal law. 39 16 | Page • Administrative or civil penalties under the Political Reform Act for failure to report the value of the misused resources as a campaign contribution if the official is running for office. Note too that local officials have also been sued by private parties seeking to force the local officials to pay back the dollar value of the public resources the private parties believe that the officials misused.” EQUIPMENT AND SUPPLIES The City provides Councilmembers with a computer, cellular telephone, iPad, accessories, and credit card. The City Council should use city-provided equipment consistent with the City Council policy for the use of telecommunications equipment. City issued credit cards shall only be used for city expenses. Councilmembers must submit original or legible digital receipts, within two weeks of expenditure, to the City Manager’s office with notation as to the nature of the expense. The City will not reimburse Councilmembers for the cost of attendance at any political event. Appendix 5: City Council Policy for use of telecommunication equipment. QUORUM A majority of the Council in office constitutes a quorum for the transaction of business, but a lesser number may adjourn from time to time and may compel by a notice the attendance of absent members refusing or neglecting to attend meetings under Government Code Section 36813. Disobedience of the notice may be punished at the discretion of the Council by a fine. The notice may be by any means giving actual notice to appear and may be given by the City Clerk or any person authorized by the Council. When there is no quorum either in person or a combination of in person and virtual, the Mayor, Vice-Mayor, or any Councilmember may adjourn a meeting, or if no Councilmember is present, the City Clerk may adjourn a meeting. SUBPOENAS The Council has the power and authority to compel the attendance of witnesses, to examine them under oath and to compel the production of evidence. Subpoenas signed by the Mayor and attested by the City Clerk may be issued in the name of the City. Disobedience of a subpoena or the refusal to testify on other than constitutional grounds may be deemed contempt. CONDUCT OF MEETINGS The Council should refer to one another formally during Council meetings as Mayor, Vice- Mayor or Councilmember followed by the individual’s last name. Difficult questions, tough challenges to a particular point of view, and criticism of ideas and information are legitimate elements of a free democracy in action. Be respectful of diverse opinions. Councilmembers have a public stage to show how individuals with disparate points of view can find common ground and seek a compromise that benefits the community. Councilmembers are role models for residents, businesspeople, and other stakeholders involved in public debate. At meetings Councilmembers should agree to sit at the dais, use the microphone and chair assigned to them and not sit elsewhere during a meeting. 40 17 | Page COUNCIL CONDUCT WITH STAFF Treat All Staff as Professionals: Clear, honest communication that respects the abilities, experience, and dignity of everyone is expected. No demeaning or belittling of staff during public meetings shall occur. If there is a particular incompetency of performance the matter shall be addressed privately with the City Manager via correspondence or via conversation As with Council colleagues, practice civility, respect and decorum in all interactions with City staff. Do not attend any city staff or departmental meetings unless requested by staff. This includes and is not limited to if the Councilmember does not say anything, the Councilmember’s presence may imply support, show partiality, intimidate staff, or hamper staff’s ability to do its job objectively. Political Support from Staff During Elections: During the time period between the close of the candidate filing period and the related election, certain guidelines apply. ∗ First, staff shall not, except as provided herein, compile or distill information electronically or otherwise in response to request for information from a candidate for elective city office including a sitting elected official. ∗ Second, Councilmembers and other elected city officials may continue to request information that requires the creation of new documents or distillation of data if the request for such data is presented to and approved by the Council. ∗ Third, any public information provided to a candidate for an elected city office shall be provided to all candidates for that office. In addition, some professionals (e.g., City Manager and the Assistant City Manager) have professional codes of ethics, which preclude politically partisan activities or activities that give the appearance of political partisanship. Responses to a Councilmember’s written request for information shall be distributed to all Councilmembers. The councilmember should not need to be identified when the information is shared to all councilmembers. BROWN ACT The Brown Act, (Government Code Section 54950 et seq.) authored by Assemblyman Ralph D. Brown in 1953, focuses on keeping the public business in the public's eye and governs many of the processes which must be followed with regard to notices, agendas, and the conduct of meetings. It attempts to strike a balance between public access to the activities of a public body and the need for candor, debate and information gathering. With few exceptions, the law provides that all the deliberative processes be open and available for public scrutiny. It defines meetings broadly as a gathering of a quorum where business is discussed or transacted. An informal gathering, such as a social event, is not a meeting unless official business is discussed. Among Councilmembers, a series of telephone calls, emails, texts, a virtual meeting, a conference call, mass emailing or texting or any other informal session in which substantive matters are discussed, may constitute a meeting under the Act. A series of telephone calls, emails or texts, either by one Councilmember to all of the others or one by each 41 18 | Page Councilmember as a link in a chain may be determined to be a meeting if substantive matters are discussed. As part of the notice requirements, the Brown Act requires the posting of an agenda, at least seventy-two (72) hours prior to a regular meeting, containing a brief general description of each item of business to be transacted. As of January 1, 2019, Assembly Bill 2257 (“AB 2257”) requires online posting of an agenda for a meeting. No action may be taken on any item not appearing on the posted agenda. "Action taken" is defined as a vote, collective decision, commitment or promise by a majority of the body. According to the Attorney General, an item which is merely discussed, with no decision as to how the matter should be resolved, would not constitute taking action. Similarly, brief discussions of procedural or preliminary matters which are not substantive in nature (e.g., instruction to staff to report back, scheduling of meetings and items) are not prohibited. A standing committee of the City Council is also subject to the Brown Act notice requirements. There are several exceptions to the agenda requirement. ♦ First, action may be taken on a matter determined to be an emergency. ♦ Second, if at least two-thirds of the Councilmembers (i.e., effectively four members) approve, an item may be included on the agenda if the need to take action arose after the agenda was posted. Or, if less than two-thirds of the Councilmembers are present, a unanimous vote of those present is needed to include the item that requires immediate action. ♦ Third, action may be taken on an item which was previously posted in connection with a meeting which occurred no more than five (5) days prior, provided the prior meeting was adjourned to the new date. Under the Brown Act, the Mayor or three members of the City Council may call a Special meeting by providing twenty-four (24)-hour advance notice to all the Councilmembers and to all media representatives who have requested notice in writing. The notice may be delivered personally or by any other means. The notice must state the time, place, and business to be transacted with an opportunity for the public to address the Council on that item. The notice must be posted in a public and freely accessible location. No other business may be considered at a special meeting. Emergency meetings may be held if there is a work stoppage or other activity which severely impairs public health, safety or both, and if there is a crippling disaster. Twenty-four (24)-hour notice and posting is not required in such situations; however, newspapers, radio and television stations must be notified at least one (1) hour prior to the meeting if telephone service is still available. Closed sessions are permitted in a limited number of instances, subject to specific rules and regulations. Though closed sessions are permitted, they must be included on the regular or special meeting agenda with a brief description of the matters to be discussed. Specific language to describe the actions to be discussed is statutorily defined and, when used, ensures compliance with the Brown Act. (See Government Code Sections 54954.5; 54956 et. seq.; 54957 et. seq.) Closed session may not occur in an “emergency meeting” unless agreed to by a two-thirds vote of the Councilmembers present (i.e., four members), or, by a unanimous vote if less than two- thirds of the Councilmembers are present. (Gov. Code § 54956.5(c)). 42 19 | Page Permitted Closed Sessions A summary listing of permitted closed session items under the Brown Act include: 1. License applicants with criminal records 2. Real Estate Negotiation 3. Conference with Legal Counsel on Initiation of Existing and Anticipated Litigation 4. Liability Claims 5. Threats to Public Services or Facilities (public security) 6. Personnel Matters (public employee appointment, termination, discipline, etc.) 7. Labor Negotiations The Brown Act requires the disclosure of certain items decided in closed session meetings. Minutes may be taken during closed session, but they are not considered part of the public record. If there is an approval of agreements concluding real estate negotiations and the City finalizes the agreement, the report given in open session, during the same meeting, must include the approval action taken, a voting tally and the substance of the agreement. If the other party finalizes the agreement, it must include the same information but is given as soon as the other party informs the City of its approval. In an approval of a litigation defense, appellate review or amicus curiae participation, the report must include the approval action, adverse parties (when known), litigation substance and the voting tally. The approval is reported in open session, during the same meeting. If approval to initiate or intervene in litigation is granted, the report given in open session during the same meeting must include the decision to take action and intended action to be taken. After the action has started and if the disclosure does not jeopardize the City’s legal position the disclosure given only upon inquiry, must include the approval action, the voting tally, defendant(s) and the substance of the litigation. If the City’s ability to affect service or to conclude existing settlement negotiations would be compromised by disclosure, the City does not have to do so until the conclusion of the matter. When the matter is concluded, the City must disclose, only upon inquiry, the same as above. When pending litigation settlements are approved, if the City finalizes a signed settlement offer, the report given in the open session, during the same meeting, must include the acceptance action, the voting tally, and the substance of the agreement. If the other party or a court must finalize the agreement, the disclosure occurs when the settlement is finalized, and includes the same information. With a disposition of Joint Powers Agency claims, the report includes a voting tally, the name of the claimant, the name of the local agency claimed against, the substance of the claim and the monetary amount approved for payment (if any). The report is made as soon as the disposition is reached. For actions affecting the employment status of public employees, twenty-four (24) hours before the meeting the employee must be informed of the charges, and of the right to hear the charges in an open session. When a decision is reached in closed session, the report must include action 43 20 | Page taken that affects the employment status, the voting tally and the title of the position. If the action taken is a dismissal or a nonrenewal of a contract, the report will be deferred until the employee has an opportunity to exhaust all administrative remedies. Otherwise, the report will be given in the open session, during the same meeting. For agreements concluding labor negotiations, the report is required after the agreement is finalized and ratified. The report must include the item approved, the voting tally, and the other party. Violation of the provisions of the Brown Act can result in criminal penalties, the imposition of civil remedies, and the award of attorney's fees. Attendance at a meeting at which a violation occurs and action is taken when there is knowledge by the official that a violation is occurring, can result in misdemeanor liability. The available civil remedies are injunction, mandamus or declaratory relief, as well as allowing recordings of closed sessions. The remedies are designed to prevent further or future violations and do not require knowledge or action to be taken. Before a suit can be initiated, however, the complainant must make a written demand to the City Council to correct or cure the violation, and the Council must fail to do so. An action taken by the Council during a time of alleged Brown Act violations is not automatically null and void. If the actions were in "substantial compliance" with the law, or if they related to the sale of bonds or the issuance of contracts, those actions would still be valid. If a violation is found and attorney's fees are awarded, the award is against the city and not against the individuals who violated the law. If someone brings an action against the city and the City prevails or the action is determined to be frivolous and without merit, the City may be awarded its attorney's fees. For a more detailed discussion of the Brown Act provisions and requirements including relevant case law, please refer to the publication prepared by the First Amendment Coalition, a copy of which is available for review in the City Council’s Office. The publication referenced herein is for information purposes only and does not impose any obligations on the City Council that do not otherwise exist under California law. ROSENBERG’S RULES OF ORDER Rosenberg’s Rules of Order is a simplified set of parliamentary rules widely used in California. Hundreds of cities, counties, special districts, committees, boards, commissions, neighborhood associations, and private corporations and companies have adopted Rosenberg’s Rules in lieu of Robert’s Rules because they have found them practical, logical, simple, easy to learn and user friendly. The rules were developed by Dave Rosenberg, a longtime Superior Court Judge in Yolo County, based on his decades of experience chairing meetings in state and local government. The rules have been simplified for smaller governing bodies and slimmed down for the 21st Century, while retaining the basic tenets of order. https://www.calcities.org/resource/rosenberg's-rules-of- order-simple-rules-of-parliamentary-procedure-for-the-21st-century Procedural matters not otherwise covered by either city ordinance, city resolution, state law, or this handbook, are handled in accord with Rosenberg's Rules of Order. No provision in 44 21 | Page Rosenberg’s Rules is to be construed to supersede any procedure adopted by the City Council or required by state law. It is recognized that Rosenberg’s Rules apply to deliberative assemblies, but that the City Council also functions as a quasi-judicial body. Due process considerations impose certain procedural requirements and are sometimes different than the provisions of Rosenberg’s Rules. For example, a City Council cannot reconsider or rescind a quasi-judicial decision after the decision is final, in the absence of statutory authority to the contrary. In addition, the Government Code sometimes imposes specific rules, such as providing that the chair does participate in debate. (Section 36803). Rules adopted to expedite the conduct of business in an orderly fashion are procedural only. The failure to observe a procedural rule does not affect the jurisdiction of the Council or invalidate any action taken at a meeting that is otherwise held in conformance with the law. ABSENCES AND REMOTE ATTENDANCE Councilmembers are strongly encouraged to attend meetings in person. Whenever a Councilmember knows in advance that he or she will be absent from a Council meeting, it is the responsibility of that member to notify the City Manager and City Clerk as soon as possible of the impending absence. California Government Code Section 36513 provides that if a Councilmember is absent from all regular City Council meetings without permission for sixty (60) days consecutively from the last regular meeting attended, (or seventy (70) days if the Council meets once a month), the seat held by that Councilmember becomes vacant. The law is silent about the basis for granting or denying permission to be absent. Such a determination is left to the Council as a whole. State law allows Councilmembers to attend meetings remotely by following the procedures outlined in Government Code Section 54953(b) (“Standard Remote Attendance”) or the procedures outlined in Assembly Bill 2449 (2022) (“AB 2449 Remote Attendance”). For convenience, these procedures are summarized below and are current as of the date of Handbook revision. If state law is subsequently amended, the amended terms of State law will apply. 1. Number of Remote Appearances Remote attendance shall be permitted not more than 3five (5) times a year per legislative body (for example, five times a year for full Council meetings and five additional times a year for each Council committee). AB 2449 rules still apply which state that no more than two meetings may be attended remotely during a calendar year for “just cause,” as described below. 2. Standard Remote Attendance Procedures A Councilmember attending remotely using these procedures must ensure that: a) The meeting agenda identifies the remote attendance location and is posted at that location in an area that is accessible and visible 24 hours a day for at least 72 hours prior to a regular meeting and 24 hours prior to a special meeting. b) The remote attendance location is open and fully accessible to the public, and fully accessible under the Americans with Disabilities Act, throughout the entire meeting. 45 22 | Page These requirements apply to private residences, hotel rooms, and similar facilities, all of which must remain fully open and accessible throughout the meeting, without requiring identification or registration. c) Members of the public who attend the meeting at the remote attendance location have the same opportunity to address the Council from the remote location that they would if they were present in Council Chambers. d) The remote attendance location must not require an admission fee or any payment for attendance. e) If the meeting includes a closed session, the Councilmember must ensure that there is a private location available for that portion of the meeting. A private location means a closed room such that no other person can hear any portion of the closed session. f) All votes must be by roll call. g) At least a quorum of the City Council must attend the meeting from locations within the City, but they are not required to be at the same location. If the Councilmember intends to follow the procedures of Standard Remote Attendance but determines that any or all of these requirements cannot be met, he or she shall not participate in the meeting remotely using Standard Remote Attendance procedures. 3. Standard Remote Attendance Guidelines a) Five days written notice in advance of the publication of the agenda must be given by the Councilmember to the City Clerk’s office about their intent to participate remotely; the notice must include the address at which the remote attendance will occur, and the address the Council packet should be mailed to if a hard copy is requested. b) The Councilmember is responsible for posting the Council agenda in the remote location, or having the agenda posted by somebody at the location and confirming that posting has occurred. The City Clerk will assist, if necessary, by emailing, faxing or mailing the agenda to whatever address or fax number the Councilmember requests; however, it is the Councilmember’s responsibility to ensure that the agenda arrives and is posted. If the Councilmember needs the assistance of the City Clerk in delivery of the agenda, the fax number or address must be included in the five-day advance written notice above. c) The Councilmember must ensure that the location will be publicly accessible while the meeting is in progress. d) The Councilmember must state at the beginning of the Council meeting that the posting requirement was met at the location and that the location is publicly accessible and must describe the location. 4. AB 2449 Remote Attendance Procedures In 2022 the Legislature adopted AB 2449, which amended the Brown Act to allow remote participation in certain narrow circumstances (listed below) without publishing the remote location on the meeting agenda and without providing public access from the remote location. Where the requirements of AB 2449 are met, a Councilmember is not required to follow the procedures described in Section 2.3(b)(3)(A)-(E), above. A Councilmember may use AB 2449 if the Councilmember has either “just cause” or “emergency circumstances” that require remote participation, as defined by AB 2449. 46 23 | Page A. Just cause. I. “Just cause” is defined as: (a) a childcare or caregiving need of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires remote attendance. (b) a contagious illness that prevents in-person attendance. (c) a need related to a physical or mental disability which cannot be resolved by a request for reasonable accommodation, or (d) travel while on the business of a state or local agency. II. Notice. A Councilmember with “just cause” to attend remotely must notify the Council or Council committee and the City Clerk at the earliest possible opportunity, including at the start of the meeting, of their need to participate remotely. B. Emergency Circumstances. “Emergency circumstances” is defined as a physical or family medical emergency that prevents a Councilmember from attending the Council meeting in person. (a) Notification and acceptance. a. A Councilmember attending remotely due to “emergency circumstances” must notify the Council or Council committee and the City Clerk at the earliest possible opportunity. b. The Council or Council committee must request a general description of the circumstances relating to the Councilmembers’ need to appear remotely. The description does not need to be more than 20 words, and the Councilmember does not have to disclose any personal medical information. c. At the earliest opportunity available to it, the Council or Council committee must, by a majority vote of its members, take action on the request to approve or disapprove it. If the request does not allow sufficient time to place it on the agenda for the meeting for which the request is made, the legislative body must take action on the request at the beginning of the meeting by majority vote. C. Disclosures. Under both Just Cause and Emergency Circumstances, Councilmembers attending remotely must publicly disclose at the meeting before any action is taken whether any other individuals 18 years of age or older are present in the room at the remote location with the member and the general nature of the member’s relationship with the individual. D. Technology. Councilmembers attending remotely shall participate using both audio and visual technology. The technology must provide a two-way electronic platform to allow members of the public to hear, observe, and participate remotely in the meeting. E. Quorum. At least a quorum of the Council must participate in person from a singular physical location clearly identified on the agenda, which location shall be open to the public and situated within the boundaries of the City. 47 24 | Page If the Councilmember intending to follow the procedures of AB 2449 Remote Attendance determines that any or all of these requirements cannot be met, they shall not participate in the meeting remotely using AB 2449 Remote Attendance procedures. LEGISLATIVE ACTIONS Several different types of action may be taken by the Mayor and/or the City Council. Proclamations Proclamations are issued by the Mayor without formal action by the Council to be presented at an appropriate function. Proclamations are public announcements directing attention to a person, an organization or event, or bringing awareness or commemorating a holiday or cause of historic significance. They can also be issued to individuals such as Citizen of the Year, a retiring employee, or International Year of the Child. Proclamations will be issued to Board and Commissioner members who have served the authorized maximum number of terms to acknowledge their contributions to the City of South San Francisco. Proclamations may be requested by any member of the Council. They will be presented are regular council meetings and the Mayor may designate a councilmember to read the proclamation into the record. All members of the City Council should make every effort to sign the proclamation prior to the start of the council meeting in which it will be presented unless unforeseen circumstances prevent them from doing so. Commendations/Certificates of Recognition Commendations/Certificates of Recognition are acknowledgements of the activities of a person or organization, issued by the Mayor or by all Councilmembers without formal action being taken. Commendations/Certificates of Recognition typically acknowledge exceptional endeavors or are given to departing Board and Commission members and/or Councilmembers and are presented at an appropriate function or Council meeting. Councilmembers may request a certificate of recognition for a particular cause, organization or person or event happening in their respective districts. Ordinances Legislative acts of the City Council are known as ordinances. Ordinances may be general or special, depending upon their effect. Those which relate to the health, safety, and welfare of the community and are intended for long-term application throughout the city are known as general ordinances. Special ordinances are those with limited application. General ordinances are codified in the South San Francisco Municipal Code. Subject to certain state law exceptions, most ordinances are introduced at one meeting and are adopted by majority vote at a subsequent meeting. An ordinance is necessary (1) when state law requires a regulation to be adopted by ordinance, (2) to amend or repeal provisions of the Municipal Code or any uncodified ordinances, and (3) to impose regulations on persons or property which impose a penalty by fine, imprisonment or forfeiture for the violation. 48 25 | Page Ordinances shall be prepared by the City Attorney. Ordinances are prepared for presentation to the Council when ordered by a majority vote of the Council, or when requested by the Mayor or the City Manager, or when prepared on the City Attorney's own initiative. Resolutions Resolutions are Council actions which become effective upon adoption and encompass the business not addressed through ordinances. They are typically used to handle routine business and administrative matters requiring some type of formal memorialization. Resolutions are used for various reasons, such as when specifically required by law, when needed as a separate evidentiary document to be transmitted to another agency, or where the frequency of future reference back to its contents warrants a separate document to facilitate reference and research. Motions The least formal of Council actions, motions, typically are used for procedural matters (such as to continue items) or for administrative matters (such as to accept reports). An adopted motion is as legally effective and binding as an adopted resolution but generally is recorded simply as an item entry in the minutes. Minute Orders A minute order is a brief notice documenting an action taken by the Council and distributed subsequent to the meeting at which the action is taken. The minute orders shall be delivered by the City Manager’s office via electronic form to all residents and posted outside of city hall. The City Manager will consult with the City Clerk and Communications director to ensure consistency and factual information and votes/motions from the meeting are recorded and publicly shared. Finality of Administrative Actions For the purpose of judicial review, all administrative actions by the City Council become final on the date taken, except where (1) state or local law provides that the action becomes final on a later date; or (2) a request for reconsideration is made in a timely fashion. VOTING Votes are taken by voice or roll call and entered in full upon the record. Votes are by roll call unless a request for a voice vote is made by any member, or the motion requires more than a majority. During the roll call, it is not in order for any member to explain a vote. Silence constitues an abstention vote. Councilmembers who are silent during voting shall have their vote recorded as abstaining. Abstention votes on a motion will not be counted. When a Councilmember recuses themselves to comply with the Political Reform Act and Fair Political Practices Commission regulations and they leave a meeting, they will be counted as absent. When a Councilmember recuses themselves for other reasons where they are not legally required to do so, their recusal will be treated as an abstention. In which case, a stated reason as to the recusal should be provided. Consistent with Rosenberg’s Rules, the present and voting rule will be used for abstentions. 49 26 | Page It is the responsibility of every Councilmember to vote unless disqualified. When someone chooses not to vote, the person in effect "consents" that a majority of the Councilmembers present may act for him or her. A Councilmember may change a vote or withdraw an abstention and vote if a timely request to do so is made immediately following the announcement of the vote and before the next item in the order of business is taken up. Except for quasi-judicial matters, at the next regular meeting after a vote, a Councilmember may request that an item be agendized at a subsequent meeting for reconsideration. • If a majority of the Council votes affirmatively to reconsider the item, it will be scheduled for a future meeting. • Any Councilmember may change their vote as part of the reconsideration. Disqualification and recusal of a vote. A Councilmember disqualified because of any financial interest or other interest proscribed by law, may not participate in the discussion or the vote. Tie Votes. Tie votes are lost motions. Tie votes may be reconsidered on motion by any member of the Council voting aye or nay during the original vote. Before a motion is made on the next item on the agenda, any member of the Council may make a motion to continue the matter with another date. Any such continuance suspends the running of any time in which action of the City Council is required by law. Any Councilmember may place on an agenda for a subsequent meeting a matter which resulted in a tie vote. When less than all Councilmembers are present and a matter under discussion remains unresolved as the result of a tie vote on all motions made on such matter, the matter is automatically continued to the next Council meeting. Voting requirements for specific actions. Certain actions require a minimum number of affirmative votes for approval. These include: 1. Approval of a general plan or specific plan amendment – 3 Affirmative Votes 2. Approval of a Resolution of Necessity – 4 Affirmative Votes 3. Approval of an ordinance or expenditure of funds – 3 Affirmative Votes 4. Approval of an urgency ordinance – 4 Affirmative Votes 5. Approval of a general tax – 4 Affirmative Votes plus Majority Voter Approval 6. Approval of a new member of council either by appointment or the call of a special election to elect a new member. – 3 Affirmative Votes BASIC PROCEDURES - MAIN MOTIONS In conjunction with the agenda for a Council meeting, business is brought before the City Council by the motion of a member. A motion may itself bring a subject to the City Council's attention or it may follow the presentation of a report or other communication. A motion is a formal proposal that the City Council take certain action. 50 27 | Page The proposed action may be of a substantive nature, or it may consist in expressing a certain view, or directing a specific investigation and report back, or the like. The basic form of motion, the form which brings business forward, is known as a "main motion". The main motion sets a pattern from which all other motions are derived. The steps by which a motion is normally processed are: (1) a member makes (or moves or offers) a motion, (2) another member seconds the motion and (3) the chair states the motion. After a main motion is made and before the question is stated by the chair, any member can informally suggest one or more modifications in the motion, which the member can accept or reject. Once stated, the motion is pending and open for discussion/debate. The chair then puts the matter to a vote and announces the result. If the Council decides to do what a motion proposes, it adopts the motion; if the decision is against what the motion proposes, the motion is rejected. Effective January 1, 2014, California Senate Bill 751 amended the Brown Act to require that all legislative bodies “publicly report” any “action taken” and the vote or abstention on that action of each member present for the action. “Action taken” is defined in the Brown Act as a collective decision made by a majority of the members of a legislative body upon a motion, proposal, resolution, order or ordinance. The Brown Act previously required legislative bodies to report certain actions taken in closed session. Now, those reporting requirements will extend to actions taken by legislative bodies in open session. REQUESTS FOR AGENDA ITEMS OR FOR ORDINANCES OR LEGAL OPINIONS To ensure all Councilmember views are represented, council agendas contain sections titled "Council Comments/ Requests" and “Items from Council – Committee Reports and Announcements”. This portion of the meeting allows any Councilmember to request an agenda item for a future meeting and allows the City Council to have a short discussion on the request (but not on the substance of the item). Any request must include an explanation of the issue and the goal of the proposed Council discussion. If there is no dissenting or opposing articulated action from a majority of the Councilmembers when the support for the request at that time is made, then the item shall be placed on a future agenda. Upon support for the request, the Councilmember may suggest and provide direction to the City Manager and staff on information that is desired to be presented and when the item is placed on a future agenda. Requests by Councilmembers to have items included on the agenda should be made to the City Manager. Any Councilmember may request the City Manager, or the City Attorney prepare a proposed ordinance. Any Councilmember may request a written legal opinion from the City Attorney directly or may make the request through the City Manager. All proposed ordinances or written legal opinions will be distributed to all members of the Council so that all Councilmembers may be fully informed of city matters. A Councilmember 51 28 | Page with a conflict of interest on a particular issue shall not be provided with a copy of the opinion or ordinance. MEETINGS The City Council holds various types of meetings. All meetings of the City Council (except closed sessions held pursuant to state law) are open to the public. Seating in Council Chambers The Mayor sits in the middle seat at all formal in-person Council meetings. The Vice Mayor is seated immediately on the right side next to the Mayor. The former Mayor, if still in office, will sit on the left of the Mayor, if not the assignment will be left at the will of the current Mayor. The other Councilmembers will join in as per the will of the current Mayor. The new Mayor shall exercise the right to assign the seats of the two Councilmembers accordingly. Regular Meetings Regular meetings are held on the second and fourth Wednesdays of each month at 6:30 p.m. in the Council Chambers of the Library | Parks and Recreation Center, 901 Civic Campus Way, South San Francisco, CA. In the event it becomes necessary to change the place of the meeting, public notice must be given by posting the change at the entrance to the regular meeting place and posted online. Whenever any regular meeting falls on a public holiday, the regular meeting is held on the following business day. The Successor Agency meets the second Wednesday of each month, in the same location, starting at 6:30 p.m. Special Meetings A special meeting may be called at any time by the presiding officer or by a majority of the Councilmembers, by providing written notice twenty-four (24) hours in advance to each member of the Council electronically or any other means that ensures receipt, and to each local newspaper of general circulation, radio, and television station requesting notice in writing. Written notice may be dispensed with for any member who at or prior to the time the meeting commences files a written waiver of notice or for any member who is actually present at the time the meeting convenes. Notice of the meeting must be posted at least twenty-four (24) hours prior to the special meeting in a location freely accessible to members of the public. Only business described in the notice may be transacted and the notice requirements apply even if the entire meeting is a closed session. Emergency Meetings An emergency meeting dealing with matters upon which prompt action is necessary due to the disruption or threatened disruption of public facilities may be held without complying with either the twenty-four (24) hour notice or posting requirements. However, the presiding officer must inform any newspaper and radio or television station who requested notice of special meetings one (1) hour prior to the emergency meeting, if possible. After the meeting, the Council must post the minutes, the people notified of the meeting, the roll call vote and any action taken. This information must be posted in a public place for ten (10) days. 52 29 | Page Adjourned Meetings The City Council may adjourn any meeting to a later time, date and place. If the subsequent meeting is conducted within five (5) days of the original meeting, matters on the agenda for the original meeting may be considered at the subsequent meeting. Less than a quorum may adjourn. A copy of the order or notice of adjournment must be visibly posted on or near the door of the place where the meeting was held within twenty-four (24) hours after the time of the adjournment. When an order of adjournment of any meeting fails to state the hour at which the adjourned meeting is to be held, the meeting is held at the usual hour specified for regular meetings. No adjournment may be for a longer period than the next regularly scheduled meeting. Continued Items When a meeting is adjourned or an item is continued to another date, generally the continued item will be placed first on that portion of the agenda at that meeting; however, where deemed necessary, the City Clerk, with the concurrence of the City Manager and Mayor, may place a continued item in a different order on the agenda. Any matter may be continued to a subsequent meeting. When a Councilmember is absent from an earlier meeting at which a matter is discussed and that matter is continued, it is the duty of that member to become acquainted with the issues discussed by reviewing relevant documents, reading any available minutes and, meeting with the City Manager to get updated and if possible, listening to, viewing the recording and reading the minutes of the meeting. Any item or hearing may be continued to any subsequent meeting in accordance with the procedures set forth for the adjournment of meetings. If a hearing is continued to a time less than twenty-four (24) hours after the time specified in the original hearing notice, a copy of the notice of continuance of the hearing must be posted immediately following the meeting at which the determination to continue the matter was made. Closed Sessions Closed sessions, sometimes called executive sessions, are duly held meetings or portions of meetings, which are not open to the public and news media. Closed sessions must be held in accordance with the provisions of the Brown Act. Matters discussed in closed session are considered confidential. The Council may vote to sanction or fine any Councilmember, the City Manager, City Attorney, department head who, without authorization, discloses the substance of any discussion which took place during a closed session. Additionally, attendance at a closed session should be limited to those actually necessary to advise or take direction from the Council. This may include the City Attorney, senior management staff, experts, negotiators, consultants, and legal staff. Third parties not serving as agents of the City cannot attend, with the exception of witnesses in the event of a closed session to hear charges or complaints under Government Code Section 54957. Study Sessions Study sessions or work sessions, if needed, are generally held in the Council Chambers and are considered special meetings pursuant to the Brown Act. The time and location for such sessions may be changed by the City Manager with appropriate notice. Study/work sessions are open to 53 30 | Page the public and are meetings for the purposes of the Brown Act, but such sessions are not intended to constitute regular meetings. Usually, at such sessions, no motions are to be offered and no formal action is to be taken. The primary purpose of such sessions is to provide background information to members of the Council. Public comments at study sessions are limited to the subject of the study session and will be received during the public comments section of the study session. No Council comments, special recognitions or committee reports shall occur at study sessions. Meeting Cancellation Any meeting of the Council may be cancelled in advance by a majority of the Council. The City Manager may cancel a meeting in the case of an emergency or when a majority of members have provided notice of their unavailability to attend a meeting. AGENDA ORDER The City Manager, with prior approval of the Mayor, is authorized to make changes to the agenda of the Council, and the City Clerk shall prepare and publish the agenda. In an effort to highlight an agenda item, or to address the growing interest of a particular agenda item, the City Council, may direct the City Manager to review and change the agenda and may take matters up out of order, any member may bring this up and a vote will be taken if there is a dissent from any of the members present. The Order of items for Regular meetings shall be as follows: 1. Call to Order 2. Roll Call 3. Pledge of Allegiance 4. Agenda Review 5. Announcements from staff 6. Presentations 7. Council Comments/Requests 8. Public Comments 9. Consent Calendar 10. Public Hearing 11. Administrative Business 12. Items from Council – Committee Reports and Announcements 13. Closed Session 14. Adjournment The Order of items for Special meetings shall be as follows: 1. Call to Order 2. Roll Call 3. Agenda Review 4. Public Comments – Comments are limited to items on the Special Meeting agenda. 5. Consent Calendar 6. Public Hearing 7. Administrative Business 8. Closed Session 9. Adjournment 54 31 | Page Call to Order and Roll Call The presiding officer takes the chair at the hour appointed for the meeting and calls the Council to order. Before proceeding with the business of the Council, at the request of the presiding officer, the City Clerk or designee calls the roll. In the absence of the Mayor and the Vice- Mayor, the City Clerk or designee calls the Council to order, whereupon a temporary presiding officer is elected by a majority of the Councilmembers present. Upon the arrival of the Mayor or the Vice-Mayor, the temporary presiding officer relinquishes the chair at the conclusion of the business then before the Council. Order of Business For a regular or special meeting, the City Council will take up its business for consideration and disposition in the order prescribed as follows; however, the City Council, may direct the City Manager to review and change the agenda and may take matters up out of order; any member may bring this up and a vote will be taken if there is a dissent from any of the members present. Items may be placed on the Consent Calendar by the City Manager when such items are expected to be routinely approved without discussion or debate. The Consent Calendar shall be voted upon as one item, provided, however, that Councilmembers may request that an individual item be removed from the Consent Calendar, in which case the item shall be considered after the vote on the remainder of the Consent Calendar. Any item pulled from the consent agenda may be up for discussion and a brief staff explanation will be provided to provide context or answer the question or reason the item was pulled/removed from the consent calendar. Members of the public will only have one opportunity to address the council on ALL items on the consent calendar; there will not be separate time allotted for each individual item on the consent calendar, if more than one item is commented by a member of the public. Appendix 2: Sample guide to conducting Council meetings. Presentations The total amount of time for all presentations shall not exceed fifteen minutes per meeting unless otherwise approved by the Council. This includes presentations from staff, community members or a group, or by a councilmember. It should be the aim that the total amount of time for all presentations shall not exceed fifteen minutes per meeting. The council may motion to vote to move presentations to future meetings or to the end of the meeting after fifteen minutes have passed. Council Discussions To assist the City Council in the development of a structure for orderly discussion of items, rules have been prepared which represent accepted practices for the management of City Council meetings. 1. Obtaining the floor. A member of the City Council or staff shall first address the Mayor to gain recognition. Comments and questions should be limited to the issue before the Council. Cross-exchange between Councilmembers and public should be avoided. 2. Questions to Staff. A Councilmember shall, after recognition by the Mayor, address questions to the Department Director or designated staff member. If a Councilmember has questions on an agenda item, that member should make every reasonable effort to 55 32 | Page express and share those questions to the City Manager and with their knowledge, contact staff prior to the meeting in order to allow staff time to research a response/answer for the meeting. If staff answers a written question from a Councilmember about an item on the agenda via written form, that response should be copied to all other Councilmembers. 3. Interruptions. Once a Councilmember has the floor, other Councilmembers may not interrupt except to make a point of order or point of personal privilege. The public may not interrupt or interfere with a councilmember’s comments. 4. Discussion Limit. A Councilmember should not speak more than once on a particular subject until every other Councilmember has had the opportunity to speak, unless that item is of high concern to the district that councilmember represents. 5. Tabling Procedure Tabling an item immediately stops discussion and causes a motion and a vote to postpone a matter indefinitely or to a time and date certain. This requires the majority vote of Councilmembers. 6. Right of protest. A Councilmember is not required to state reasons for a dissenting vote. 7. Calling for the question. The purpose of calling for the question is to disallow further debate and put an issue to an immediate vote. A Councilmember may move to “call for the question” on an item which is being considered. The motion requires a second, is not debatable, and must pass by a four-fifths vote. If the motion carries, the item is no longer debatable, and no further action or public comment may be taken, and the City Council must vote on it. Introduction of Items After 11:00 PM The City Council makes every effort to end its meetings before 11:00 p.m. The Council also will not take up new matters after 11:00 p.m. The meeting shall continue only on the matter being discussed and the remaining items on the agenda shall be carried over unless the Council votes. The Mayor may ask the City Manager to identify any time-sensitive matters needed to be addressed by the council and shall prioritize those items over any others than warranting a lengthier or more substantive discussion. The City Council will endeavor to conclude its remaining business that evening in an expeditious manner by continuing all other items of anything other than a routine nature. PUBLIC HEARINGS By their nature, all hearings (except personnel matters) are public. The Council has the prerogative of conducting a public hearing on any item on its agenda, whether or not the matter has had formal notice as a public hearing. Certain matters are formally noticed in advance as public hearings, pursuant to various provisions of state law. Unless otherwise specifically required by federal, state or local law, all public hearing dates and times are set administratively. Public hearings tend to be of two types: legislative or quasi-judicial. • Legislative hearings generally result in the adoption of policy or regulation. • Quasi-judicial hearings are those in which the Council applies existing laws (State and/or local) to a particular project or action. For example, an application for a variance or conditional use permit would involve a quasi-judicial hearing. Quasi-judicial hearings are also occasionally referred to as an adjudicatory hearing. In a quasi-judicial hearing, the Council will often make findings based on the facts presented to the Council. 56 33 | Page Formally noticed public hearings generally are conducted in the following format: a) Public Hearing opened by presiding. b) Staff presentation. c) Questions to staff by Council. d) Comments from the public. e) Public Hearing closed by presiding officer. f) Questions by Council. g) Discussion by Council. h) Action by Council. The presiding officer conducts the hearing in such a manner as to provide for freedom of speech and expression of opinion, subject to the limits of courtesy and respect of others. Comments and questions from the public are limited to the subject under consideration. Depending upon the extent of the agenda and the number of persons desiring to speak on an issue, the presiding officer may limit a speaker's time, this should also take into account number of members of the public also joining in virtually and speaking remotely. Any person speaking may be questioned by members of the City Council. In those instances where there is a specific applicant for a matter which is the subject of a public hearing, the applicant is entitled to make a presentation at the commencement of the public hearing, and also is entitled to make any concluding remarks just prior to closure of the public hearing. Councilmembers should not speak on an issue until the public hearing has been closed and public comment has been received or read. Once a hearing is closed, it is inappropriate for the public to speak except to answer an inquiry of a Councilmember, as addressed through the chair. When the Council conducts a quasi-judicial hearing, particularly when it is hearing an appeal of a decision by a Board or Commission, on a case-by-case basis the City Attorney determines if alternate hearing procedures are necessary and advises the City Council accordingly. All persons interested in the matter which is the subject of a hearing are entitled to submit written or photographic evidence relevant to the issue for consideration by the Council, in addition to or in lieu of any oral evidence. The Council determines relevancy. If the Council feels that the material is relevant but that due to its quantity or complexity there is insufficient time to fully review it, the hearing may be recessed or continued. All evidence considered by the Council in reaching its decision must be retained by the City as part of the record, as a supplement to but not as a part of, the minutes. The Council retains the discretion to accept or to reject new documentation furnished on the night of the Council meeting. Advocates of a matter before the City Council who furnish documentation on the night of the Council meeting are expected to furnish sufficient copies for the City Council, City Clerk, and City Manager. Failure to do so will cause the Council to reject consideration of such information or cause the item to be continued. 57 34 | Page If a Councilmember has met with a proponent or opponent of a matter which is the subject of a hearing, that meeting should be acknowledged during the meeting on the record prior to the opening of the hearing at the Council meeting. PUBLIC PARTICIPATION It is acknowledged that individuals may wish to address the Council under “Public Comments” for the purpose of obtaining general information or receiving responses to specific questions. State law prevents Council from responding to public comments or acting on matters not on the agenda. In general, the Mayor shall ascertain whether the Council or staff is able to provide the requested information immediately. If this is not possible because the information is not readily available, the matter may be referred to staff for a written response. Unless the matter raises issues of an extraordinary nature, it is expected that a response will be presented to the Council at its next regular meeting. If it is not possible to do so by this date, the Council will be advised as to when a response will be forthcoming. Public Comments Members of the public will be afforded the opportunity to speak on all items under the subject matter jurisdiction of the City Council that do not otherwise appear on the agenda or Consent Calendar items. Individuals speaking under “Public Comments” generally are limited to three (3) minutes. If there appears to be a large number of speakers, the Mayor may reduce individual speaking time and/or limit the total amount of time for public comments (Gov. Code sec. 54954.3.(b)(1).). Speakers may not assign unused time to other speakers. The Mayor may grant organized groups (in lieu of individual speakers) –10 minutes for a group presentation. In compliance with Assembly Bill 1787 (“AB 1787”), which requires local agencies to provide at least twice the allotted time for public comment to speakers who require translation services. When a member of the public is addressing the Council or one of its Committees, and when time limits have been placed on public comments, the Mayor or Vice-Mayor, shall allow persons requesting interpretation assistance, by another individual, to testify for twice the amount of the time limit, thereby providing uniform time for the speaker’s testimony, as well as the time necessary for the interpretation of the testimony for the benefit of the Council and the public. In instances where there is a technical or audio issue, the clock will be reset to allow for total time without interruption. The public should not ask direct questions to city staff, City Manager, City Attorney or other non-elected or appointed members of the council but should address their comment to the City Council only. Staff may be provided the opportunity to present a summary of each staff report and will be available to answer questions of Councilmembers and not questions from a member of the public or group of persons. During special or study session meetings, the public may address the City Council only on matters listed for discussion on the agenda. 58 35 | Page Due to the number of items on the agenda and the length of City Council meetings, and to ensure equal treatment of all speakers, the following time limits have been set: The Mayor has the authority to modify the time limits set forth above based on the size of the agenda and the number of speakers. Agenda Section Time Limits Public Communication – Public Comments A maximum of 3 minutes for each person whether an individual or group spokesperson. Total time of 30 min. Total time allocated at the beginning of the meeting – 30 minutes Additional time for public comment may be allocated at the end of the meeting, at the discretion of the Mayor Time may be modified by the Mayor in some circumstances Public Hearing – Order of Presentations Time Limits Staff presentation As needed Appellants (when not applicants) 15 minutes Applicants 15 minutes Organized presentations (group spokesperson) 10 minutes Individual speakers 3 minutes Rebuttal by applicant 5 minutes Rebuttal by appellant 5 minutes A final warning by the Mayor will be issued when the decided public comment time limit has been reached. The public commenter will have ten seconds to wrap up their testimony. To be fair, public comments that go beyond ten seconds past the decided time limit will be cut off by the City Clerk or designee. All members who are cut off will be informed that they are able to submit the remainder of their public comment through email to the City Council via the City Clerk. For virtual meetings, if remote public comments are allowed, members of the public will have the ability to participate remotely and give public comments through Zoom or another two-way teleconference platform. For meetings at which public comment may be provided via Zoom or another two-way teleconference platform, the City Clerk, or designee, will first call on the members of the public at the in-person meeting location. Following the conclusion of those comments, members of the public participating remotely who have expressed interest in providing public comment by raising a “virtual hand”, will be allowed to speak. Members of the public who provide comments virtually shall be given the same amount of time as members of the public who attend a meeting in-person. Members of the public are not required to identify themselves but as a courtesy to the council, could if they wanted to identify themselves and their place of residence. 59 36 | Page Speaker Cards and Other Protocol If a member of the public wishes to address the City Council and they are attending the meeting in person, they will be asked to complete a digital speaker card for the record, which includes the speaker's name, address and other contact information, and the number of the agenda item. The completion of a public comment card is not necessary to address the City Council but will aid the City Clerk in maintaining an accurate record. The digital speaker card will be made available via an electronic kiosk at the meeting location. Those attending the meeting virtually will not be required to fill out a speaker’s card but will make every effort to signal their interest in speaking or providing comment by raising their “virtual hand”. To ensure accuracy of the record, members of the public addressing City Council should speak in an audible tone of voice into the microphone. For those members of the public addressing the council virtually, they should be aware of when the clerk of its designee unmutes them and allows them to start their comments. All remarks should be addressed to the Council as a body and not to any individual member. Time limits may be imposed upon speakers. No person, other than the Councilmembers and the person having the floor, should be permitted to enter into any discussion, either directly or through a member of the Council, without the permission of the presiding officer. No question is to be asked of a Councilmember or any city staff member or consultant. After a motion is made by the Council, no person shall address the Council without first securing the permission of a majority of the Councilmembers present to do so. Addressing the Council during Council Deliberations Council deliberations are defined as the time when the City Council has heard staff or consultant presentation, has allowed time for public comment and has then proceeded to discuss and deliberate the item amongst themselves prior to a motion or vote. No person may address the City Council following the time for public testimony and during City Council deliberations, this includes during or after a presentation, unless a majority of the City Council agrees or in answer to a specific question directed to the individual by a member of the City Council. Failure to Speak Any failure of a member of the public to request to speak on an item, or any failure by the City Council to afford an opportunity to speak on an item, shall not affect the City Council's right to act on that item or the validity of any action subsequently taken by the City Council. Councilmember Participation Every Councilmember desiring to speak addresses the chair, and upon recognition by the presiding officer, may speak on the matter before the Council. A member, once recognized, shall not be interrupted when speaking unless it is to call the person to order. If a member, while speaking, is called to order, the member shall cease speaking until the question of order has been determined, and, if in order, the member shall be permitted to proceed. Questions of staff should be directed through the chair. 60 37 | Page Decorum The City of South San Francisco strongly denounces hate speech and does not tolerate disruptive behavior in meetings. The City of South San Francisco prides itself on the rich diversity of its residents. The City Council is committed to creating a culture of belonging where members of the community feel included, safe and respected. Members of the public are asked to refrain from making disrespectful and hateful comments. While the Council is in session, the Councilmembers must preserve order and decorum, and no Councilmember should, by conversation or otherwise, delay or interrupt the proceedings or the peace of the Council nor disturb any Councilmember while speaking or refuse to obey the orders of the Council or other presiding officer. Unless that Councilmember is calling a point of order on the speaking councilmember. To assist the City Council in working with a wide variety of backgrounds, personalities, opinion, values, and goals, additional protocols are outlined below: 1. Use Formal Titles. Councilmembers should refer to one another formally during public meetings as “Mayor,” “Vice Mayor,” or “Councilmember,” followed by the individual’s last name. 2. Technology. All Brown Act rules should be followed regarding technology devices. However, it is understood that during hybrid meetings Councilmembers may utilize their devices to aid them in the meeting. 3. Practice civility, respect and decorum in discussions and debates. 4. Honor the role of the Mayor in maintaining order. 5. Do not demean, embarrass or speak down to city staff or senior management members. The United States Constitution and California Constitution protect individuals’ rights to free speech and expression. Accordingly, the city can only remove an individual if they are disrupting a meeting. Courts have struck down rules of decorum that allow for removal of a speaker for personal attacks, slanderous speech, or insolent behavior when such conduct did not actually disturb the meeting. Courts hold that a “disruption” means something more than a bare violation of a rule of decorum. For example, an expressive sign or the use of profanity, by themselves, do not warrant removal from a meeting. The conduct must cause the meeting to be disrupted or impede the city from conducting its business. Courts often measure whether something is a disruption by its effect on the audience, and not by its effect on members of the legislative body. Warnings. The Mayor shall ask that any person violating the rules of decorum be orderly and silent. The warning shall be in substantially the form described below. If, after receiving a clear verbal warning from the Mayor, the person persists in disturbing the meeting, the Mayor may order a brief recess of the City Council to regain order. If the person persists in disturbing the meeting, despite having been previously warned, the Mayor may order them to leave the City Council meeting. If the person does not depart the City Council Chamber on their own volition, the Mayor may order any law enforcement officer who is on duty at the meeting as Sergeant-at- Arms of the City Council to escort that person from the City Council Chamber. 61 38 | Page If a member of the public causing a disturbance is attending virtually, the City Clerk or designee will remove the individual from the virtual meeting and/or mute them. The Mayor shall deliver the requisite warning in substantially the following form. If the member is attending virtually this will also be provided in written form via virtual mode for the individual to read clearly. It will state as follows: You are hereby advised that your conduct is in violation of the Rules of Order and Decorum of the City Council and California Penal Code Section 403, and you are directed to be orderly and silent. Penal Code Section 403 states that any person who, without authority of law, willfully disturbs or breaks up a lawfully convened meeting of the City Council is guilty of a misdemeanor. Continued disruption of this City Council meeting will result in your removal from the meeting by the Sergeant-at-Arms and you will not be permitted to return to the City Council Chamber for the duration of the meeting. In addition, any continued disruption of this meeting is grounds for your being arrested and charged with a misdemeanor. Do you understand this admonition? Misdemeanor. Any person who willfully disturbs or breaks up a City Council meeting may be arrested and charged with a misdemeanor, pursuant to California Penal Code Section 403. For members of the public, city staff or others attending a meeting in person: Cellular telephones or any other telecommunications or two-way communication device should be in silent mode or turned off during the entirety of the City Council meeting. Literature distribution or petition circulation is not permitted in the Council Chambers when the Council is in session or during council meeting recess. When such activity is conducted in a place where it is legally allowed, it may not be done in a manner that blocks Councilmembers, the public or city staff or city employees from accessing a Council meeting. The Chief of Police or the representative of the Chief of Police is the ex officio sergeant-at-arms of the Council. The ex officio sergeant-at-arms shall carry out all orders and instructions given by the presiding officer for the purpose of maintaining order and decorum in the Council Chamber. Upon instructions from the presiding officer, it shall be the duty of the sergeant-at- arms to eject any person from an in-person meeting. The Chief of police or the representative of the Chie of police has the additional right to place the person under arrest or both. As set forth in Government Code Section 54957.9, in the event any meeting is willfully interrupted by a group of persons so as to render the orderly conduct of the meeting unfeasible, and order cannot be restored by the removal of individuals who are willfully interrupting the meeting, the presiding officer may order the meeting room cleared in-person and virtually and continue in session. 62 39 | Page Smoking Prohibited It is unlawful for any person to smoke in any room in which a Council meeting open to the public is being held. This includes areas where there will be closed session or utilized during council meeting recess. MEETINGS – VIDEO STREAMED AND BROADCAST All Regular City Council meetings held in the City Council Chamber or via virtual platforms are broadcast live and rebroadcast on the City’s government access channel, web-streamed on the City’s web site, and digitally archived. The recordings of the City Council meetings are not the official record of those meetings. The minutes are the only official record. MINUTES The City Clerk shall ensure the preparation of the minutes of each City Council meeting, and these minutes will comprise the official record of the actions of the City Council. City Council minutes are action minutes, wherein little narrative is included, for televised meetings. Non- televised meetings may contain additional information. Councilmembers may request revisions to the minutes subject to a majority vote of the City Council. Councilmembers having only typographical corrections to minutes are encouraged to provide such corrections to the City Clerk directly and need not wait to submit such corrections at a meeting. To make amendments to the minutes of a City Council meeting, a Councilmember should notify the City Clerk in writing of the proposed changes in advance of the meeting. In doing so, this will allow the City Clerk to prepare an amended set of minutes for distribution either prior to or during the City Council meeting. Once the minutes are approved by the City Council, the Mayor and City Clerk will sign the minutes verifying their accuracy. The City Clerk will maintain the minute archives. BOARDS AND COMMISSIONS Boards and Commissions (except the Housing Authority, Design Review Board, and Measure W Citizens’ Oversight Committee) are established by ordinance and set forth in the Municipal Code. The purpose of Boards and Commissions is to provide advice to the City Council to aid in its decision making and to handle matters within its area of expertise. Boards and Commissions should submit their recommendations to the Council in writing. Once the Council has reached a decision after due consideration of a matter, it is inappropriate for a Board or Commission or its members to criticize verbally or written or via social media the council or attempt to change a decision made by Council. Appendix 7: Staff Liaisons to Boards and Commissions. No member of any Board or Commission may be a member of any other Board or Commission or hold any paid position with the City or be an elected or appointed official of another governing body in public service. In order to be eligible for an appointment to any Board or Commission, a person must be a resident of the City, and in some instances a resident of the specific council district representing, unless otherwise provided by law. 63 40 | Page The members of each Board or Commission (except the Design Review Board) are appointed by the Council in accordance with governing law. The number of members, length of terms, time of appointment, and method of appointment differ. Members are subject to removal by a vote of three Councilmembers. Board and Commission members are appointed to serve for one term at a time. Terms continue until a successor is appointed and qualified. Except when appointed as a Commissioner Emeritus by the Council, no Board or Commission member may serve more than the authorized number of terms on any one Board or Commission as set forth in the Municipal Code. Appendix 8: Board and Commission Roster. Boards and Commissions are authorized to appoint advisory committees to assist them in performing their duties. A member of the Board or Commission shall be designated as chairperson of these advisory committees upon approval of the appointing Board or Commission. The advisory committees shall be assigned functions consistent with the duties of the appointing Board or Commission and shall report to at the times and in the manner which the appointing Board or Commission may require. All Board and Commission members except members of the Housing Authority Tenant Commission, Measure W Citizens’ Oversight Committee, Emeritus Members, Ex Officio Members, and Council representatives to the Conference Center Authority are compensated at a rate of $100.00 per regular meeting. From time to time the Council may establish non-compensated citizen committees or task forces of limited duration to focus on specific topics. Procedure for Making Appointments and Reappointments to Boards and Commissions The appointment or removal of any board or commission (“advisory body”) member who is required by ordinance to be appointed by the City Council shall require the affirmative vote of a majority of the Council. Advisory body members serve staggered terms. Administrative Support Administrative support will be provided to the board, commission, and committees by a City staff member. The City Clerk’s Office will manage the recruitment and application process. The City Clerk’s office will notify all members at least 30 days prior to their term expiration and those members eligible to continue serving shall express their interest to continue serving to the City Clerk. Appointments are for a single term. At the conclusion of this term, after consideration of the member's record (including attendance), an individual may be reappointed for a second term. The City Clerk will share the results with the Council via Thursday memo and the Mayor will provide direction on the reappointment process of members. The default is that currently serving advisory body members will be interviewed for reappointment. However, if it is determined that an advisory body member’s performance is outstanding, or that other factors necessitate keeping them in their role, then an automatic reappointment can occur with a majority vote or majority consensus of the City Council agendized item (Consent Calendar) at a regularly scheduled City 64 41 | Page Council meeting. If an advisory body member is not reappointed without interview, then the potential appointment will be advertised and recruited for interviews. After reappointments are complete, the City Clerk will recruit for open seats utilizing multiple avenues including advertising, city newsletter, Mayor’s weekly email, website, social media, and networking lists to present qualified candidates to the Council for consideration. In the event that a current advisory body member resigns, an official letter of resignation stating the date of final service should be submitted to the City Clerk’s office and shared with the City Council. When a vacancy occurs leaving an unexpired portion of the term, any appointment is for the unexpired portion of the term. The interest of the city is best served by actual and regular participation by Board and Commission members. An advisory body member may continue to serve past their expiration term until reappointed or the recruitment process is completed. Any person desiring to be considered for an appointment to any City Board or Commission should submit an online application. Applicants shall be encouraged to submit a resume and cover letter. Paper applications must be typed (handwritten applications will not be accepted) and may be submitted on an on-going basis. For applications submitted after a deadline has passed, the City Clerk shall acknowledge that the application is past the filing deadline and that it will not be considered in the upcoming recruiting cycle. Applications are considered current for one year from the date received. It is the responsibility of the applicant to be aware of the date of submittal and track its date of expiration of the application. All interviews will be held in person unless indicated by an emergency declaration. No hybrid interviews will be considered unless under special circumstances. Any applicant who fails to attend their interview will be disqualified and their application will be removed from consideration from the date of the interview and for a year. There will be no excused absences for interviews or rescheduled interviews for applicants who failed to attend their interview. Appendix 9: Commissions, Boards, and Committees Application Process. Any appointees must comply with appropriate provisions of law regarding disclosure of financial interests, if applicable. The City Council will not appoint any person to a Board or Commission who would have continually recurring conflicts of interest requiring abstentions, or an excessively high percentage of such situations. Advisory body members may be removed by a majority vote of the City Council following three excused or two unexcused absences during a twelve-month period. An absence is considered excused when an advisory body member notifies the staff liaison of the intended absence at least twenty-four (24) hours prior to the scheduled meeting time. All other absences are considered unexcused. Thus, upon the second excused absence or first unexcused absence from a regular meeting within a twelve-month period, the staff liaison shall notify the Board or Commission members by email 65 42 | Page and via email regarding the absentee policy. The staff liaison should remind the Board or Commission members that with one more absence, the City Council will be informed of the members’ absences for further discussion and possible removal. If the City Council determines that the absences occurred for legitimate reasons, the City Council may excuse one or both of the absences. Upon the third excused absence or second unexcused absence, the staff liaison shall inform the City Clerk and the City Manager’s Office. The City Manager’s office shall draft a letter from the Mayor to the Board or Commission members regarding the absentee policy and request an explanation before the Mayor brings the matter to the Council. The Mayor shall provide a report to the council on a quarterly basis via a report created by the City Clerk’s office of any current appointments that require action or attention due to unexcused absences. Members are also encouraged to give advance notice of their absence from a meeting to the staff liaison as well as the City Clerk’s office with a brief explanation for the absence. This absentee policy as expressed in the Council Handbook shall be as provided on the Board and Commission form and provided in the congratulatory letter welcoming new Board and Commission members. The preceding procedures shall not apply to non-voting Emeritus Members of appointed Boards and Commissions or to city liaison committees with other governing bodies. Any member of an appointive Board or Commission may also be removed by simple majority vote of the City Council. Government Code Section 54974 provides that whenever an unscheduled vacancy occurs, a special vacancy notice shall be posted within twenty days (20) after the vacancy occurs and that final appointment to fill such vacancy shall not be made for at least ten (10) working days after such posting. The special vacancy notice must be posted in the City Clerk’s Office and the City’s Internet website or at a designated public library. The interview and selection of candidates is an open process. The City Council reviews the applications and votes to select the most qualified applicants to interview. Following the interviews, the City Council ballots and appoints the applicant(s) receiving the highest number of votes. Pursuant to Government Code Section 54972, on or before December 31st of every year the City Clerk shall prepare the Local Appointment List of all Board and Commission members that details when all appointive terms will expire during the next calendar year, the name of the incumbent appointee, the date of appointment, the date the term expires, and the necessary qualifications for the position, as well as a list of all members who serve at the pleasure of the City Council and the necessary qualifications for each position. In compliance with the Maddy Act, Government Code Section 54973, a copy of the Local Appointments List shall be posted on the City’s Internet website or designate the public library with the largest service population within the City to receive a copy of the list. STAFF ASSISTANCE 66 43 | Page The governance of a City relies on the cooperative efforts of elected officials, who set policy, and City Staff, which analyze problems and issues, make recommendations, and implement and administer the Council’s policies. Therefore, every effort should be made to be cooperative and show mutual respect for the contributions made by each individual for the good of the community. In order to effectively discharge the responsibilities of elected office, Councilmembers are entitled to receive assistance from city employees. It is the role of Councilmembers to pass on concerns and complaints on behalf of their constituents. It is not, however, appropriate to pressure staff to solve a problem in a particular way. It is also recognized that under the Council/Manager form of government, the City Manager has the responsibility of day-to-day affairs of the City, consistent with established Council policy. Requests and questions of City staff should be directed to the City Manager or designee. The City Manager should be copied on any request to Department Heads or other city employees. Councilmembers should not set up meetings with department staff directly but work through the City Manager’s Office. Routine, easily retrievable information will be provided to a requesting Councilmember as expeditiously as possible. Councilmembers are not permitted to direct the activities of city staff. Avoid any staff interactions that may be construed as trying to shape staff recommendations. Councilmembers shall refrain from coercing staff into making recommendations to the Council as a whole. All critical comments about staff performance should only be made to the City Manager through private correspondence or conversation. They should not be shared publicly or to department heads. Councilmembers serving on intergovernmental bodies receive the assistance of staff assigned by the City Manager. The primary responsibility of assigned staff is to review issues before the intergovernmental body as they may affect the City, update the councilmember on past or current action items or legislation pertaining to that body, support the councilmember with correspondence to that body, scheduling with those meetings and at times attend the meeting with the councilmember, as deemed appropriate by the City Manager and advise and assist the Councilmember in presenting issues. Requests for assistance with speech and correspondence preparation should be made to the City Manager. Administrative assistance is made available for the preparation of written materials. Each member of the Council is given equal consideration. However, since it is the Mayor's responsibility to correspond with persons and organizations on behalf of the City, the correspondence work of the Mayor is given priority. Correspondence to political organizations or persons in support of pursuit of political office is not to be prepared using city resources. City Councilmembers may alert staff through the City Manager, or while copying the City Manager, of any requested amendments or suggestions to agenda items, so that staff may have adequate time to prepare such amendments ahead of council meetings. 67 44 | Page COUNCIL MAIL Except when mail is marked “confidential”, the City Manager or its immediate designee is authorized to receive and open all regular post office mail addressed to Councilmembers, and to give it immediate attention. Mail specifically sealed and marked “personal” or “confidential” will be transmitted to the Councilmembers unopened. Administrative business referred to in mail opened by the City Manager or designee and not requiring Council action is promptly attended to and Councilmembers are informed of both the issue and its disposition. Any communication relating to a matter coming or pending before the Council will be included in the agenda packet for the meeting at which the item is to be considered. Each Councilmember including the Mayor and vice Mayor shall exercise the best use of city letterhead in all correspondence. Councilmembers are allowed to correspond to constituents directly via mail using city letterhead and or other elected officials as long as they don’t officially state an opinion on behalf of the city or entire City Council in the correspondence. CONFLICT OF INTEREST The City is required to adopt a Conflict-of-Interest Code, which is reviewed every two (2) years and amended when circumstances change. (Government Code Sections 87300-87313), Councilmembers are prohibited by law (1) from having a financial interest in contracts made by them in their official capacity or by the Council (Government Code Section 1090 et seq.) and (2) from making, participating in making, or in any way attempting to use their official positions to influence a governmental decision in which they know or have reason to know they have a financial interest. (Political Reform Act, Government Code Section 87100 et seq.) Contracts entered in violation of conflict-of-interest provisions are void, and financial penalties are imposed for the failure to disclose. Whenever the Council is about to commence consideration of a matter and a member has or has reason to believe he or she has a conflict of interest, the reason must be disclosed on the record, a statement of intent to abstain must be made, and the Councilmember must step down from the dais. A member may remain on the dais for consent items, as long as they are voted on with other consent items and not taken individually. Once a year, and within thirty (30) days of assuming office, Councilmembers must file disclosure statements indicating potential conflicts of interest for both the Councilmember and the Councilmember’s spouse and dependent children. Levine Act Report (SB 1439) The purpose of the Levine Act is to prevent public officials who are members of local government agencies, including the City Council, from being influenced by campaign contributions from individuals and parties appearing before them. This summary of the Levine Act does not constitute legal advice. The principal requirements are listed below: • While a license, permit, or other entitlement for use from the City is pending, and for 12 months after a final decision is made on the matter, a Councilmember may not solicit, 68 45 | Page accept, or direct a contribution of more than $250 from a party, a participant with a financial interest, or their respective agents. • A Councilmember may not make, participate in making, or in any way use their official position to influence a decision regarding a license, permit, or other entitlement if they have received a contribution of more than $250 from a party, a participant, or their respective agents within the previous 12 months unless they have returned the contribution. • A party to a proceeding involving a license, permit, or other entitlement for use pending before the City in the proceeding must disclose any contribution of more than • $250 made to a Councilmember within the previous 12 months was made by them or their agents. Additional information regarding the Levine Act and associated regulations, can be found below: • FPPC – 2023 Changes to Section 84308 • Government Code Section 84308 Councilmembers unsure about potential conflicts are encouraged to discuss such issues with the City Attorney in advance of the Council meeting for which the item is scheduled. While the City Attorney will advise Councilmembers on conflict-of-interest issues, only the Fair Political Practices Commission (FPPC), by written letter, can confer immunity from subsequent enforcement action. The FPPC has sole jurisdiction to administer, interpret, and enforce the Political Reform Act statue and the newly adopted regulations implementing the amended statutory language. Behested Payment Reporting – FPPC Form 803 A behested payment is when a state or local elected official or a member of California’s Public Utilities Commission solicits a donation to an organization, such as a 501(c)(3), that is used for legislative, governmental or charitable purposes. These types of payments are not considered campaign contributions or gifts, but are payments made at the "behest" of elected officials to be used for legislative, governmental or charitable purposes. While state law limits the amount of campaign contributions and gifts, there are no limits on behested payments. State law requires the reporting of behested payments if they total $5,000 or more per calendar year from a single source. There are no reporting requirements for payments up to $4,999.99. Officials must report the behested payments within 30 days of the date they are made by filing FPPC Form 803 (Behested Payment Report) with the City Clerk's Office. Donations to the City – FPPC Form 801 The conflict-of-interest laws generally apply when a gift in the form of a donation is made to a particular Councilmember. However, where such a donation is made to the public agency rather than to the public official, it does not qualify as a gift under the conflict-of-interest laws pursuant to California Code of regulation Section 18944. Thus, under the limited circumstances of a gift to the public agency and provided that such gift is made consistent with the provisions of Section 18944, the gift does not create a conflict of interest should the donor of the gift be an individual 69 46 | Page or business that may at some point in the future have an item before the City Council for consideration. Officials must report the p ayment within 30 days of the date made by filing FPPC Form 801 (Payment to Agency Report) with the City Clerk's Office. Appendix 6: Solicitation of Donations. POLICY ON EXPRESSIONS OF CITY OR COUNCIL POSITIONS Be cautious in representing City Positions on Issues. Individual City Councilmembers are not authorized to speak on behalf of the City or the Council with regard to City or Council policy or positions, except when such policy or position has been clearly established or when the Councilmember has been designated as a spokesperson on a given subject. Periodically the City Council is requested to formally support or oppose state or federal legislation. In considering whether or not to take such action, it is Council policy to determine first if the legislation involves matters pertaining directly to the City of South San Francisco or its residents as a whole. It should do this in conjunction and working with the City Manager and considering the city’s hired consultants specializing in public policy/affairs in legislative matters at the state or federal level. The Council may also weigh the position of the League of California Cities in such policy considerations. If the subject matter does not relate directly to city business or to local citizens, then the Council declines to take a position. If the legislation could be expected to affect the city or its citizens, then the Council may elect to take a position. Every Councilmember will be allowed to send letters of support or opposition with their individual name signed on it, and without any other councilmember’s name on it unless consent is given. It will be clearly stated in the letter that the statement is a reflection of a singular councilmembers’ words, and not the official position of the city or the entire City Council. For legislative matters that are voted on during council meetings, letterhead and signatures of the Mayor, Vice Mayor, and three Councilmembers will all be included in the letter. Legislative letters of support or opposition passed in this manner will be the official position of the city or City Council and the letter will state it as such that its contents was voted on by a majority or unanimously by the Councilmembers. POLICY ON COMMUNITY FUNDING In making grants available to community organizations, the City Council adheres to the following policy: 1. Grant awards are made only for purposes which are legal. 2. Grant funds are to primarily benefit South San Francisco residents/taxpayers. 3. One-time grants for capital items, or seed money, for new or expanded services are preferred to continuing grants for operations or unrestricted funding. 4. Recipients are asked to provide financial and performance accountability. 5. Requests for funds must be received in a timely fashion. The application period commences on the first Monday in January and closes on the last Friday in January of each year. Applications received beyond established deadline dates will not be considered. 70 47 | Page 6. Preference will be given to requests which are of a matching nature. 7. Other sources of available funds should have been diligently sought or are generally unavailable in the amounts needed. POLICY ON DEDICATION OF PUBLIC FACILITIES Dedication of the new public facility shall occur only after the building is completed and ready occupancy. Dedications should recognize the efforts of prior City Councils in designing and facilitating construction of the public facility. A majority vote from the City Council will be required for all building dedications. All new dedications of naming of individuals or buildings should also be reviewed by the City Council naming committee. 5491875.1 71 APPENDIX 1 Selection of Mayor and Vice Mayor/Council Reorganization As set forth in the City Council Handbook, the Vice-Mayor is usually selected as the Mayor. The City Council believes the community benefits by ensuring the positions of Mayor and Vice-Mayor are held at various times by all council members. The City Council also believes the experience as a council member will assist those who ultimately serve as Mayor or Vice-Mayor. To that end, the following process is hereby adopted for the future selection of Mayor and Vice-Mayor. This process will remain in effect until modified by a subsequent City Council. The City Council shall meet annually to choose one of its members as Mayor and one of its members as Vice-Mayor. The meeting to determine organization or reorganization of the City Council (i.e., selection of Mayor and Vice-Mayor) shall be held on or before the Tuesday that immediately precedes the Wednesday of the first regularly scheduled meeting of the City Council in December, unless the Mayor and City Council select a different date in discussion with the City Clerk’s office. In even numbered years in which a regular City Council election occurs, the reorganization shall follow certification of the election results by the San Mateo County Office of Elections. Rotation by District: Members rotated in order of the district number they represent. With the advent of district elections, it is important to ensure that every district has an equal chance at representation through the Mayorship. In the event of new councilmembers being elected and beginning their term on their district’s “Mayor year,” it will be required for any new Councilmember to start their first year as Councilmember, then the subsequent year as Vice Mayor, and the third year as Mayor. The order will temporarily skip that district’s new councilmember to the next in line, until that new Councilmember is in their third year, where they will have some experience that allows them to serve more effectively. The order will resume following the temporary displacement. This will allow for newly elected Councilmembers to gain experience instead of immediately assuming the Mayor role. A councilmember does not have to be Vice Mayor the year immediately preceding their Mayoral year. If any council member declines a nomination during a year when they would have been eligible to be appointed as Mayor or Vice-Mayor, the next eligible council member in sequence shall be nominated for that position. The councilmember that declined the nomination will then move to the bottom of the rotational order as if they had just completed serving a year as Mayor. Based on Order of Mayor Rotation per District, the succession according to the current policy would be as follows: Order of Mayor Rotation per District Year District 2024 District 4 2025 District 5 2026 District 1 72 APPENDIX 1 The election of the Mayor and Vice -Mayor shall be by vote of a majority of members of the City Council. The Mayor shall be seated and assume the duties of presiding officer immediately following the election of Mayor and before the election of the Vice Mayor unless a motion is carried to elect and seat the Mayor and Vice Mayor at the same time. The mayoral rotation system can be changed at any time by a Council majority vote. Installation and Reorganization Costs Council members shall contribute to the cost of light snacks/deserts and refreshments for the reception following the Installation and Reorganization Meeting. Each council member’s contribution shall not exceed $200. During any year in which the City Treasurer and City Clerk are up for election, the City Clerk and City Treasurer shall each contribute up to $200 for the cost of light snacks/deserts and refreshments for the reception following the Installation and Reorganization Meeting. The incoming Mayor may choose to separately pay for additional snacks and refreshments beyond those normally provided every year. Recognition of Outgoing Mayor and/or Council Members The Installation and Reorganization Meeting will also include recognition of the outgoing Mayor and any outgoing council member(s). As part of the recognition, the City may provide the outgoing Mayor and any outgoing council member(s) with a nominal gift recognizing their service to the City. 73 APPENDIX 2 GUIDE TO CONDUCTING MEETING Call to Order: “The meeting of the South San Francisco City Council for will come to order.” (Mayor may also advise the audience of any special circumstances or announcements.) Roll Call: “The Mayor will ask for Roll Call.” Pledge of Allegiance: “Please stand for the Pledge of Allegiance.” (Mayor announces who will lead the pledge.) Agenda Review: “City Manager______ are there any changes to the Agenda?” Announcements from Staff: “City Manager______ are there any announcements from staff?” Presentations: All proclamations, certificates of recognition, and presentations under this item. Council comments/requests: Council announcements and requests. Public Comment: City Clerk or designee invites speakers and announces that this section is designated for items not on the agenda or to speak on Consent Calendar items. Speakers will be called in random order. All speakers in person will be given priority, then if allowed, remote speakers. If there are no speaker cards, ask if anyone would like to address the Council on a matter not on the Agenda. Consent Calendar: “The Mayor requests the item to be read.” • Ask for motion to approve. • If any items are pulled by a Councilmember, announce: “Item Nos. (cite numbers) will be taken off the Consent Calendar for discussion.” • Ask for a motion and a second, “All in favor, oppose?”, “The motion passes.” OR • Ask for a motion and a second, roll call vote. • Items taken from the Consent Calendar should be considered one at a time and the appropriate staff member will approach the table to answer Council’s question(s) or concerns(s) • Ask for a motion and second for approval for each item. (Any Councilmember wishing to abstain from approving minutes due to absence shall state their abstention for the record.) Public Hearings • The Mayor requests the item to be read. • The Mayor opens the public hearing. • Call for the staff report. • Inquire if the applicant is present and if so, invite the applicant to speak after the applicant speaks, ask if there are any speakers for the item and call speakers. 74 APPENDIX 2 • When everyone has spoken, and all speakers have provided public comment, the Mayor closes the public hearing. • Council discussion – when discussion is complete, ask “Do I have a motion?”, “A second?”, “All in favor/oppose?”. On sensitive items and on motions requiring 4/5 or 2/3 vote, a roll call vote is advisable. State: “Motion passes”. • If no second is made, announce that the motion died for lack of a second. • If an amendment is made to the original motion after it is seconded, obtain a motion and a second on the amendment first. • If a motion for approval fails, obtain a motion, second and vote to deny. Administrative Business • The Mayor requests the item to be read. • Staff Report • Discussion • Vote Legislative Business • The Mayor requests the item to be read. • Staff Report • Discussion • Vote Items from Council: Committee Reports and Announcements Closed Session • The Mayor requests the item to be read. • Reporting out – if no item(s) approved, state “direction given no action taken”; if item(s) approved, have City Attorney report. Adjournment • When all business is concluded, the Mayor adjourns the meeting. • Gavel the meeting adjourned. 75 City Council Expense Reimbursement Forms APPENDIX3 76 77 78 79 80 81 82 Rev 1/2021 To: Accounts Payable, Finance Dept. Department Division Period Hotel Other B L D Code For Other Expenses:TOTAL: A Taxi, Bus or Car Fare B Telephone C Parking Fees Mileage: Include mileage summary &/or mapquest printout. D Train/Plane Fares (attach receipts)Miles @ = E Registration Fees (attach receipts) Jan 2020-Dec 2020 Jan 2021-current Miles @ = F Guest Expenses (Name & Title) G Miscellaneous (attach receipts)Total Amount of Claim H Tips (program will calculate amounts entered) I Per Diem NOTE: Safety shoes, uniform and tools allowance requests - fill out "Reimbursement Form - Payroll (Boots/Uniforms/Tools)" and forward to PAYROLL with original receipt(s) attached. For Wellness and Personal & Professional reimbursements-complete "Personal and Professional Reimbursement Form," attach original receipt(s) and forward to HUMAN RESOURCES. ** Due to IRS regulations, reimbursements for meals for one day (non-overnight) travel are not allowed unless the meal is part of the cost of registration itself or if the meal is for a work meeting. I have received an advance of $ I certify that this claim is a true record of expenses incurred on official business of the City of south San Francisco during the above period. Amount of Claim Acct. No.Amount: Less Advance $ Acct. No.Amount: Acct. No.Amount:Net Amount Due APPROVED BY:Acct. No.Amount: For Use by the Department of Finance PRE AUDIT APPROVAL APPROVAL By:Date: Director of Finance Date Date Paid:Check No. $ $ $ $ Date $ $ $ $ $ $ $ Date Explanation Meals ** Daily Total CITY OF SOUTH SAN FRANCISCO STATEMENT OF EXPENSE 2021 Administrative Instruction IV.2 Name 0.575 0.560 For employee reimbursements, scan completed form including supervisor signature and attach all receipts & event flyers along with any other supporting documentation to Eden invoice entry. ClassificationEmployee , which should be deducted from the above expense. 83 City of South San Francisco Human Resources Department Summary of Elected Officials (City Council & City Treasurer) Benefits These are exempt, elected positions not eligible for overtime compensation. Effective Date: (Supersedes City Council Handbook Appendix 4, Resolution) Benefit Provision When Eligible Pay and Compensation Information Compensation City Council: $1,000 per month ($461.60 biweekly) City Treasurer: $1,338 per month ($617.60 biweekly) Date of appointment Health & Welfare Benefits Medical Insurance City pays 90% of HMO premium for full-time non-safety AFSCME-represented employees’ HMO coverage for member and eligible dependents under age 26. These employees pay 10% towards the premium. Employees pay any additional premium cost over the HMO rate for higher cost plans. Elected officials’ premium contributions shall match these non-safety employees’ contributions. First of the month following date of appointment Vision Insurance City pays 100% of premium for full-time non-safety AFSCME- represented employees’ HMO coverage for member and eligible dependents under age 26. Elected officials’ premium contributions shall match these non-safety employees’ contributions. First of the month following date of appointment Dental Insurance City pays 100% of premium for full-time non-safety AFSCME- represented employees’ HMO coverage for member and eligible dependents under age 26. Incentive plan starts at 70% and may increase each year until 100% of allowed fee. Calendar year maximum of $1,500 per enrollee and orthodontia lifetime cap of $1,000 for dependent children. Elected officials’ premium contributions shall match these non-safety employees’ contributions (i.e., $0). Option to buy-up to enhanced dental plan. First of the month following completion of 6 months of employment. Health Savings Account (HSA) Councilmembers enrolled in the PPO High Deductible Health Plan (HDHP) may contribute to an HSA through the City’s HSA provider. Upon qualified plan (PPO HDHP) enrollment. Discretionary Benefit Option City pays $550 per month into pre-tax 457 deferred compensation account if elected official waives City health coverage and maintains medical coverage elsewhere. First of the month following date of appointment Executive Management Physical Fitness Program Elected officials are allowed up to $1,000 per fiscal year to use for physical fitness or unreimbursed health care costs. Date of appointment Life and Accidental Death & Dismemberment City paid life insurance valued at $50,000 and AD&D amount of $50,000. First of the month following date of appointment Short-term and Long- term Disability City paid disability insurance. 20-day waiting period and sick leave exhausted with up to a maximum of 66.2/3% of pay. First of the month following date of appointment Paid Family Leave City paid family leave that provides 60% income replacement for up to 8 weeks on a continuous or intermittent basis within a 12-month period to care for a seriously ill family member, bond with a new child, or when a military exigency applies. First of the month following date of appointment Other Benefits Direct Deposit Direct deposits of payroll checks available. Date of appointment Employee Assistance Program Available to elected official and eligible dependents for up to 3 free visits per 6-month period. Date of appointment Separation/Retirement Deferred Compensation (457 Plans) Elected officials may contribute pre-tax or after-tax dollars towards retirement. Contribution limits are determined by IRS regulations. First of the month following date of appointment Medicare Elected officials appointed/elected after 1986 participate in Medicare. Date of appointment 84 City of South San Francisco, Human Resources Summary of Elected Officials Benefits Effective Date: 12/11/2018 11/01/23 S:\Council Handbook Documents- Historical files\2023 Council Handbook\11.08.2023 Council Handbook adoption\Appendices\Appendix 4 - Elected Official Benefit Summary 2023 DRAFT-Revised (LL 11-1-23).doc Benefit Provision When Eligible Public Employees’ Retirement System (PERS)/ Social Security or 3121 Plan Eligible for 3121 retirement plan with the official contributing employee share. Excluded from PERS membership unless an election for membership is filed with CalPERS. Elected Official participating in PERS must contribute employee’s share and participate in Social Security. PERS Annuitants are excluded from 3121 and PERS/Social Security. Date of appointment Retiree Health Benefits Only those officials elected/appointed prior to 1995 are eligible for retiree health benefits. City-paid retiree medical coverage. Covered dependent may continue coverage at his/her cost. Dental and Vision insurance may be purchased from City. Upon retiree’s death, 2 months City-paid medical coverage for spouse. After minimum 5 years of City service and age 50; concurrent City and CalPERS retirement (if applicable). Note: This is a summary of benefits for Elected Officials (City Council) and is not intended to provide all information. Specific facts about the benefits are based on the terms and conditions of the City’s contracts with the providers, and any limits, as stipulated by law. Summary plan documents may be obtained from Human Resources. Appendix 4 85 CITY COUNCIL POLICY REGARDING COUNCILMEMBER USE OF CITY PROVIDED TELECOMMUNICATIONS EQUIPMENT 1050973 APPENDIX 5 1. Legal Background: Government Code section 37350 authorizes the City to authorize the acquisition of personal (i.e. computers, chairs, cars, telephones, etc.) property. That section also authorizes the City to establish controls for the use of such property. One limitation on the use or disposition of public property is the gift of public funds prohibition in Article 16, Section 6 of the California Constitution. That section prohibits the Legislature from authorizing cities to make gifts of public money or things of value to any individual. The courts have, however, upheld expenditures which have an incidental private benefit, where the primary purpose of the expenditure is for a public purpose. The ability of councilmembers to receive information or communicate with city staff and constituents through telephone contact or e-mail or to research city-related business on the Internet does serve a public purpose. Thus, providing telephones and computers with e-mail and Internet capabilities for use for city business does not violate the gift of public funds prohibition. A secondary issue is whether this equipment may be used for personal, non-city related business. There is no case law which would expressly prohibit such use provided that the use is incidental to the primary use of the computer for city business. 2. Usage Policy for Telecommunications Equipment: A. City-owned telecommunications equipment including cellular telephones, computers and fax machines (collectively "telecommunications equipment") shall be used primarily for public purposes. Such public purposes include, but are not limited to, usage related to City business, communication with City employees, communications with constituents, and communications with other persons related to City business. The communications equipment may be used for incidental private purposes. "Incidental private purposes" means that usage of the telecommunications equipment for non-public purposes constitutes 33% or less of the total usage of the telecommunications equipment and does not involve the City incurring any additional expense. B. Each councilmember shall receive on a quarterly basis an invoice of all calls associated with his or her cellular telephone for the three month period ending on the last day of the preceding month. Within thirty days of receipt of the invoice, each councilmember shall reimburse the City for all private telephone calls shown on the invoice. C. No data related to usage for incidental private purposes shall be stored on the City-owned computer's hard drive. If a councilmember desires to download data or files for incidental private purposes, the data or files shall only be downloaded to a diskette or other storage media purchased by the councilmember. A councilmember may load commercially available, properly licensed, software into their computer. 86 CITY COUNCIL POLICY REGARDING COUNCILMEMBER USE OF CITY PROVIDED TELECOMMUNICATIONS EQUIPMENT 1050973 APPENDIX 5 D. With respect to software and data files that the user did not create on the computer, the user shall not load either onto the computer unless they have been provided by the City or they have been checked for viruses. This limitation is intended: (1) to limit the potential exposure of the city system to viruses; and (2) with regard to new software, to allow the City to possess proper evidence of authorized ownership of all software on City-owned computers. E. The telecommunications equipment shall not be used for any campaign activities or any partisan election purposes. The telecommunications equipment may be used for objective, non-partisan informational purposes. F. All usage of the telecommunications equipment shall comply with the restrictions of the Brown Act. G. Upon leaving office, a councilmember shall have the option of purchasing surplus City-provided telecommunications equipment at market value. The value of the equipment should be determined by standard market evaluation processes for personal property, which include searches on online auction sites such as EBay and identification of South San Francisco book value. All non-surplus City-provided equipment shall be returned to the City. Equipment shall be considered "surplus" when at the end of the normal usage period. 87 APPENDIX 6 CITY OF SOUTH SAN FRANCISCO INTEROFFICE MEMORANDUM DATE: July 25, 2019 TO: Honorable Mayor and City Council FROM: Jason Rosenberg, City Attorney SUBJECT: Donations to the City of South San Francisco This memo addresses whether any potential conflict of interest may exist for individual Councilmembers when donations are made to the City to be used to underwrite the cost of a City sponsored event or City facility. The conflict-of-interest laws generally apply when a gift in the form of a donation is made to a particular councilmember. However, where such a donation is made to the public agency rather than to the public official, it does not qualify as a gift under the conflict of interest laws pursuant to California Code of Regulation Section 18944. Thus, under the limited circumstances of a gift to the public agency and provided that such gift is made consistent with the provisions of Section 18944, the gift does not create a conflict of interest should the donor of the gift be an individual or business that may at some point in the future have an item before the City Council for consideration. Specifically, Regulation 18944 provides that a payment shall be deemed a gift to the public agency and not a gift to the public official if all of the following requirements are met: (1) The payment is used for official agency business. (2) The agency head controls use of the payment. (3) The agency reports the payment on FPPC Form 801 (Payment to Agency Report) that is maintained as a public record and includes the following information: (a) A description of the payment, the date it was received, the intended purpose and the amount of the payment or the actual or estimated fair market value of the goods or services provided, if the amount is unknown. (b) The name and address of the individual donor. If the donor is an entity, the report must also describe the business activity, or the nature and interests of the entity. If the donor has raised funds from another person for the specific purpose of making the payment to the agency, the report must contain the name of each person and the amount given by each person. (c) The use of the payment, and the name, title, and department of the agency official who used the payment. (d) The signature of the agency head. (e) For any quarter when payments aggregate to $2,500.00 or more since the last filing, the local agency must submit a copy of the form(s) or a detailed summary of the information on the form to the filing officer who receives the agency employees' statements of economic interests, within 30 days after the close of the quarter. The filing officer shall post a copy of the form or the information in the form on its website, in a prominent fashion within 30 days after the close of any quarter in which the agency receives payments aggregating to $2,500.00 or more since the last filing. 88 Department Liaisons to Boards and Commissions 2023 Boards, Commissions, and Committees Bicycle and Pedestrian Advisory Committee (BPAC) Economic and Community Development Department/Planning Division Conference Center Authority Executive Director Cultural Arts Commission Parks and Recreation Department Design Review Board Economic and Community Development Department/Planning Division Equity and Public Safety Commission City Manager’s Office/Equity Officer Housing Authority Executive Director/Economic and Community Development Department Library Board Library Department Measure W Citizens’ Oversight Committee Finance Department Parking Place Commission Public Works Department Parks & Recreation Commission Parks and Recreation Department Personnel Board Human Resources Department Planning Commission Economic and Community Development Department/Planning Division Traffic Safety Commission Public Works Department Youth Commission City Manager’s Office APPENDIX 7 89 CITY OF SOUTH SAN FRANCISCO ADVISORY BODIES Number of Members Term Length Term Limit Method of Appointment Bicycle and Pedestrian Advisory Committee (BPAC) 7 4-year term 12 years (3 consecutive terms) City Council Conference Center Authority 10 members - ex-officio as non-voting member 4-year term 12 years (3 consecutive terms) City Council Cultural Arts Commission 11 4-year term 12 years (3 consecutive terms) City Council Design Review Board 5 4-year term None Planning Commission Equity and Public Safety Commission 7 members & 1 alternate 4-year term 12 years (3 consecutive terms) City Council appoints three (3) members at-large. Five (5) members appointed by District. Housing Authority 5 4-year term 16 years (4 consecutive terms) City Council Housing Authority Tenant Commission 2 2-year term None City Council Library Board 5 3-year term 12 years (4 consecutive terms) City Council Measure W Citizens’ Oversight Committee 5 4-year term Limited Appointment City Council Parking Place Commission 3 3-year term 12 years (4 consecutive terms) City Council Parks & Recreation Commission 7 4-year term 12 years (3 consecutive terms) City Council Personnel Board 5 4-year term 12 years (3 consecutive terms) City Council Planning Commission 7 4-year term 12 years (3 consecutive terms) City Council Traffic Safety Commission 5 3-year term 12 years (4 consecutive terms) City Council Youth Commission 15 2-year term Age limit City Council APPENDIX 8 90 Revised 07/2021 APPENDIX 9 Commissions, Boards, and Committees Application Process Council Procedures Application Procedures Anyone interested in serving on a City Commission, Board or Committee must complete and submit electronically a City Commissions, Boards, and Committee application. Forms are available online on the City Clerk’s Office website. The application should adhere to the stated instructions and should not exceed a total of 4 pages including the four original questions, excluding the Youth Commission application which contains three questions. The responses to each question should be typed, not handwritten. All handwritten applications will not be considered. If there is no vacancy, or the applicant is not selected, the City Clerk will hold the application on file for one (1) year from receipt. It is the responsibility of the applicant to note the date of submission. If there is a vacancy, the City Clerk will notify the applicant and the applicant will be invited to participate. Interviews will be held at a special meeting of the city council. Eligibility Review All applications received by the filing date and time will be processed and reviewed by the City Clerk’s Office for conflict of interests, qualifications, and residency verification. For applications submitted after the deadline, the City Clerk shall present the late application for consideration by the City Council but note that the application was submitted after the deadline passed. Other than those City employees who are currently serving on a Commission, Board, or Committee, City employees are generally considered to have a conflict of interest and generally will not be appointed (but may be re-appointed). However, any retired or former City employee is eligible, and prior employment with the City is not considered a conflict of interest. Appointment Procedures/Criteria Except for the Conference Center Authority, the Bicycle and Pedestrian Advisory Committee, and the Youth Commission, Council may consider any advisory body applicant who is a resident in the City of South San Francisco and if applicable, a resident of a specific district. The Council will receive all qualified candidate application materials for review prior to interviews. The City Clerk (or Council sub- committee) will develop questions for a structured interview process. 91 Commission, Board, and Committee Application Process Page 2 City Council Procedures APPENDIX 9 A yearly mayor appointed council ad-hoc committee will develop questions for a structured interview process for each of the boards and commissions for that year. Interview appointments will be scheduled, and candidates will be notified by the City Clerk. Interview appointments will be scheduled and held in person unless there is a declared emergency or circumstance. All councilmembers should attend this special meeting. During the interview, applicants will be assessed for background information that would make the candidate a good appointee, any continually recurring conflicts of interest, and reasons for wanting to serve the City. Councilmembers will rotate questions created by the council ad-hoc committee and a reasonable amount of time will be given so that each councilmember has the opportunity to ask the candidate questions. Any candidate who does not attend the interview will be immediately disqualified from the current application process. Their application will be held in file for a period of (1) year. No rescheduling of interviews will occur. Reappointment Process The City Clerk’s office will notify all members at least 30 days prior to their term expiration and those members eligible to continue serving shall express their interest to continue serving to the City Clerk. The City Clerk will share the results with the Council and the Mayor will provide direction on the reappointment process. The default is that currently serving advisory body members will be interviewed for reappointment. However, if it is determined that an advisory body member’s performance is outstanding, or that other factors necessitate keeping them in their role, then an automatic reappointment can occur with a majority vote or majority consensus of the City Council agendized item (Consent Calendar) at a regularly scheduled City Council meeting. If an advisory body member is not reappointed without interview, then the potential appointment will be advertised and recruited for interviews. 92 Commission, Board, and Committee Application Process Page 3 City Council Procedures APPENDIX 9 Reappointment Procedures/Criteria Advisory body members may be removed by a majority vote of the City Council following three excused or two unexcused absences during a twelve-month period. An absence is considered excused when an advisory body member notifies the secretary of the intended absence at least twenty-four (24) hours prior to the scheduled meeting time. All other absences are considered unexcused. Term of Office Appointments to a specific Commission, Board, or Committee are limited to a maximum of three consecutive terms, expect for members of the Housing Authority, Library Board, Parking Place Commission, Traffic Safety Commission, and Youth Commission (age limit specified). For purposes of calculating consecutive terms, service of at least eighteen months plus one day during a term shall be counted as a complete term; all prior continuous service of existing trustees shall be counted. Orientation Each new Commissioner, Board Member, or Committee Member will have an oath administered by the City Clerk or designee before attending the first meeting, and orientation by the Department liaison for which the Commission, Board, or Committee has responsibility, by the City Attorney to review legal issues, and by the Mayor or designee to communicate council philosophy. 93 APPENDIX 10 CITY COUNCIL POLICY REGARDING REIMBURSEMENT OF COUNCILMEMBER EXPENSES Authorized Expenses City funds, equipment, supplies (including letterhead), titles, and staff time must only be used for authorized City business. Expenses incurred in connection with the following types of activities generally constitute authorized expenses, as long as the other requirements of this policy are met: (1) Communicating with representatives of regional, state and national government on City adopted policy positions; (2) Attending educational seminars designed to improve officials’ skill and information levels; (3) Participating in regional, state and national organizations whose activities affect the City’s interests; (4) Recognizing service to the City (for example, thanking a longtime employee with a retirement gift or celebration of nominal value and cost); (5) Attending City events; (6) Implementing a City-approved strategy for attracting or retaining businesses to the City, which will typically involve at least one staff member; (7) Direct expenses, including mileage reimbursement and audio or video tape or DVD costs, related to participation in community outreach programs (that do not involve any political advocacy); and (8) Meetings such as those listed above for which a meeting stipend is expressly authorized under this policy. All other expenditures require prior approval by the City governing body. Examples of personal expenses that the City will not reimburse include, but are not limited to: (1) The personal portion of any trip, including meals, lodging, and other incidental expenses; (2) Political or charitable contributions or events; (3) Family expenses, excluding spouse or significant other’s registration or meal expenses when accompanying Councilmember on City-related business within San Mateo County; (4) Entertainment expenses, including theater, movies (either in-room or at the theater), sporting events (including gym, massage and/or golf related expenses), or other cultural events; (5) Non-mileage personal automobile expenses, including repairs, traffic citations, insurance or gasoline; (6) Costs of alcoholic beverages and (7) Personal losses incurred while on City business. Any questions regarding the propriety of a particular type of expense should be resolved by the City Council before the expense is incurred. 94 APPENDIX 10 Cost Control To conserve City resources and keep expenses within community standards for public officials, expenditures should adhere to the following guidelines. In the event that expenses are incurred which exceed these guidelines, the cost borne or reimbursed by the City will be limited to the costs that fall within the guidelines. Transportation The most economical mode and class of transportation reasonably consistent with scheduling needs and cargo space requirements must be used, using the most direct and time-efficient route. Charges for rental vehicles may be reimbursed under this provision if more than one Councilmember is attending an out-of-town conference, and it is determined that sharing a rental vehicle is more economical than other forms of transportation. In making such a determination, the cost of the rental vehicle, parking and gasoline will be compared to the combined cost of such other forms of transportation. Government and group rates must be used when available. Airfare. When possible, Councilmembers should arrange for air travel to be paid for in advance by the City at the most economical and reasonable round-trip fare consistent with the Councilmember’s scheduling needs. If advance arrangements cannot be made due to lack of advance warning or other extenuating circumstances, Councilmember’s may be reimbursed for the expense of the airfare, so long as it is the most economical and reasonable round-trip fare consistent with the member or employee’s scheduling needs. Automobile. Councilmembers shall use City vehicles for travel in the performance of official duties, when available. A log sheet shall be provided in all City Council vehicles for Councilmembers to log in destination, dates and mileage for all travel. If a City vehicle is unavailable Councilmembers may be reimbursed for expenses incurred in traveling by personal vehicle on official business at the annual Internal Revenue Service Standard Mileage Rate. The distance of travel will start from the place of work or from home, whichever is closer to the destination point of official business. Reimbursement shall include road and bridge tolls. Councilmembers shall be responsible for procuring and maintaining liability insurance for their personal vehicles. Car Rental. Councilmembers should arrange for car rentals to be paid for in advance by the City at the most economical rate available for cars of standard size or smaller. If advance arrangements cannot be made due to lack of advance warning or other extenuating circumstances, Councilmembers may be reimbursed for the expense of car rental. Since the City has no insurance coverage on the first $5,000 of property damage and the first $100,000 of liability coverage, optional insurance coverage for rental cars is both reimbursable and recommended. 95 APPENDIX 10 Public Transportation Taxis/Shuttles. Because of the relatively high cost of car rentals, Councilmembers should weigh the cost effectiveness of using taxis, shuttles, or public transportation when travelling out of town and choose the most economical means consistent with time and scheduling constraints. Taxis or shuttle fares may be reimbursed, including a 15 percent gratuity per fare. Regional Non-Profit or Service Organization Events Annual Limit for Regional Events and Dinners. Each Councilmember is subject to a reimbursement limit of $2,000 per fiscal year for attendance at events, including dinners, that benefit non-profit/service organizations (e.g., Kiwanis, Rotary, and Lion’s clubs) and associations of government (e.g. CCAG, ABAG, LOCC Peninsula Davison, San Mateo County Council of Cities) in the San Francisco Bay area. Charges for these expenses shall be internally tracked by the Finance Department and City Manager’s office. Membership dues for any non-profit or service organization are not reimbursable expenses. Lodging Lodging expenses will be reimbursed or paid for when the location of the official City business is greater than 50 miles from the Councilmember’s work or home, whichever is closer to the destination. When possible, Councilmembers should arrange for lodging expenses to be paid in advance by the City at the most economical and reasonable rates for single occupancy lodging that is in a location that is reasonable and convenient in relation to the Councilmember’s scheduling and official business needs. Conferences/Meetings. If such lodging is in connection with a conference, lodging expenses must not exceed the group rate published by the conference sponsor for the meeting in question if such rates are available at the time of booking. Other Lodging. Travelers must request government rates, when available. Lodging rates that are equal to or less to government rates are presumed to be reasonable and hence reimbursable for purposes of this policy. Actual lodging costs that exceed the government rate for the area may be reimbursed conditioned upon performance of a good faith effort, evidenced by documentation (e.g., internet search, phone calls) that demonstrate an attempt to find median-priced lodging. Meals Councilmembers may be reimbursed for expenses incurred for meals consumed in conjunction with travel on official business. Reimbursable meal expenses and associated 96 APPENDIX 10 gratuities will not exceed $75 per day, excluding alcohol. In compliance with the City’s Administrative Instruction Section IV, No. 2 – Travel and Training Policy and Reimbursement of Expenses. Such amounts will be annually adjusted beginning January 1st, to reflect changes in the cost of living in accordance with statistics published by the United States Department of Labor, Bureau of Labor Statistics Consumer Price Index, all urban consumers for the San Francisco Metropolitan Area. (The annual adjustment will be based on this area whether travel is within the area or not.) If a meal is provided by a conference or organized educational activity, or otherwise included in the payment of registration fees, Councilmembers may not be reimbursed for meals purchased in lieu of, or in addition to, the provided meal. Meal expenses incurred by a Councilmember’s spouse or immediate family shall not be reimbursed. Definition of Nominal Value related to Meals for FPPC Gift Reporting Purposes. Meals with a value of $15 or less are considered to be of nominal value. Any meal with a value that is not nominal, must however be reported if the value of the meal or a combination of meals exceeds the $50-dollar annual reporting requirements for gifts. Additional Incidental Expense Reimbursement Councilmembers may be reimbursed for actual and necessary incidental expenses incurred in connection with a conference, organized educational activity, or other performance of official duties. Incidental expenses include: • reasonable gratuities for hotel and airline employees. • baggage fees. • parking fees. • cab fares. • public transportation costs. • Tolls. • telephone calls, telegrams, faxing, and special delivery services related to the performance of official duties, telephone calls of a personal nature, hotel internet charges, and other such incidental expenses. Councilmembers may be reimbursed for such incidental expenses related to reasonable gratuities for which receipts are not customarily given. Because the City provides cell phones to Councilmembers, phone reimbursement while traveling out of town should be submitted only if no cell phone coverage exists. Reimbursement for expenses incurred in placing telephone calls of a personal nature shall be limited to $10 per day for travel within California, and $20 per day for travel outside of California. 97 APPENDIX 10 All other actual and necessary expenses incurred in the performance of official duties that are not described in this Policy shall not be reimbursed unless approved before the expense is incurred. Prohibited Expense Reimbursements Councilmembers shall not be reimbursed for non-business expenses including, but not limited to, entertainment expenses such as movie rental fees, theater tickets or sporting event fees, fines for parking citations, laundry, replacement fees for lost keys, fees assessed for damage to lodging premises, and expenses incurred pursuant to personal portions of business travel, including extra lodging and meals. Expense Report Content and Submission Deadline All Councilmember expense reimbursement requests must be submitted on the Expense Reimbursement Form found in Appendix 3 of this Handbook. Expense reports must document that the expense in question met the requirements of this policy. For example, if the meeting is with a legislator, the local agency official should explain whose meals were purchased, what issues were discussed and how those relate to the City’s adopted legislative positions and priorities. Councilmembers must submit their expense reports within 30 days of an expense being incurred, accompanied by receipts documenting each expense. Restaurant receipts, in addition to any credit card receipts, are also part of the necessary documentation. Inability to provide such documentation in a timely fashion may result in the expense being borne by the Councilmember. Reimbursements will not be made until after review and approval by the City Manager and the Finance Director (or their designees) for compliance with AB 1234. Audits Of Expense Reports. All expenses are subject to verification that they comply with this policy. Reports To Governing Board. At the following City governing body meeting, each official shall briefly report on meetings attended at City expense. If multiple Councilmembers attended, a joint report may be made. Compliance With Laws. Councilmembers should keep in mind that some expenditures may be subject to reporting under the Political Reform Act and other laws. All agency expenditures are public records subject to disclosure under the Public Records Act, among other laws. 98 APPENDIX 10 Violation Of This Policy. Use of public resources or falsifying expense reports in violation of this policy may result in any or all of the following: (1) loss of reimbursement privileges; (2) a demand for restitution to the City; (3) the agency’s reporting the expenses as income to the elected official to state and federal tax authorities; (4) civil penalties of up to $1,000 per day and three times the value of the resources used; and (5) prosecution for misuse of public resources. 99 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:23-977 Agenda Date:11/8/2023 Version:1 Item #:6a. Resolution approving amendments to the City of South San Francisco City Council Procedures and Protocols Handbook Resolution. WHEREAS, the City Council adopted a City of South San Francisco City Council Handbook on September 13, 1989, which established operating procedures and general policies of the City Council; and WHEREAS, the City Council adopted amendments to the City Council Handbook on November 28, 2007, February 25, 2009, October 14, 2009, February 10, 2010, February 23, 2011, November 9, 2011, June 24, 2015, November 30, 2016, and August 25, 2021. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco hereby approves the attached amended version of the City Council Procedures and Protocols Handbook and Appendices (Exhibit A). ***** City of South San Francisco Printed on 11/3/2023Page 1 of 1 powered by Legistar™100 CITY OF SOUTH SAN FRANCISCO CITY COUNCIL PROCEDURES AND PROTOCOLS Prepared by: Office of the City Clerk Rosa Govea Acosta, City Clerk Adopted on August 25, 2021, Resolution No. 155-2021 Exhibit A 101 1 | Page Table of Contents INTRODUCTION............................................................................................................. 3 MISSION STATEMENT ................................................................................................. 3 VALUES ............................................................................................................................ 3 GUIDING PRINCIPLES ................................................................................................. 4 CITY SEAL ....................................................................................................................... 4 CITY COUNCIL ............................................................................................................... 4 CITY COUNCIL-MANAGER FORM OF GOVERNMENT ...................................... 5 ROLES AND RESPONSIBILITIES ............................................................................... 6 CONCURRENT ROLES ................................................................................................. 9 COUNCIL COMMITTEE ASSIGNMENTS ................................................................. 9 ROLES IN DISASTER................................................................................................... 10 COUNCIL REORGANIZATION ................................................................................. 14 ELECTED SEAT VACANCIES ................................................................................... 16 COMPENSATION ......................................................................................................... 16 TRAINING EXPENSES ................................................................................................ 17 EQUIPMENT AND SUPPLIES .................................................................................... 18 QUORUM ........................................................................................................................ 18 SUBPOENAS................................................................................................................... 18 CONDUCT OF MEETINGS ......................................................................................... 19 COUNCIL CONDUCT WITH STAFF ........................................................................ 19 BROWN ACT.................................................................................................................. 20 ROSENBERG RULES OF ORDER ............................................................................. 23 ABSENCES AND REMOTE ATTENDANCE ............................................................ 23 LEGISLATIVE ACTIONS ............................................................................................ 26 VOTING .......................................................................................................................... 28 BASIC PROCEDURES – MAIN MOTIONS .............................................................. 29 REQUESTS FOR AGENDA ITEMS, ORDINANCES, OR LEGAL OPINION ..... 30 MEETINGS ..................................................................................................................... 30 AGENDA ORDER .......................................................................................................... 32 PUBLIC HEARINGS ..................................................................................................... 35 PUBLIC PARTICIPATION .......................................................................................... 36 102 2 | Page MEETINGS – VIDEO STREAMED AND BROADCAST ........................................ 41 MINUTES ........................................................................................................................ 41 BOARDS AND COMMISSIONS .................................................................................. 42 STAFF ASSISTANCE .................................................................................................... 45 COUNCIL MAIL ............................................................................................................ 46 CONFLICT OF INTEREST .......................................................................................... 47 POLICY ON EXPRESSION OF CITY OR COUNCIL POSITIONS ...................... 48 POLICY ON COMMUNITY FUNDING ..................................................................... 49 POLICY ON DEDICATION OF CITY FACILITIES ............................................... 50 103 3 | Page INTRODUCTION The City of South San Francisco is a municipal corporation. South San Francisco is a general law city, established pursuant to California law, with a City Council-City Manager form of government. In order to collect and clarify its procedures and policies, and as provided by Government Code Section 36813, the City Council establishes this handbook. The Handbook is intended to assist Councilmembers in carrying out their roles, as well as to provide useful information to prospective Councilmembers and other interested citizens. Through the agreement of the City Council and staff to adhere to these practices, the effective administration of City Council affairs is greatly enhanced. Councilmembers will be provided a copy of and be familiar with the Handbook. The City Council will conduct its meetings in accordance with the guidance in the Handbook. The City Clerk shall be responsible for the maintenance of the Handbook and for making it available to the public. It is anticipated that this Handbook will be reviewed at least biennially, in order to reflect either changes in the law or City Council procedure or policy. This handbook is not intended to be a legal statement and is not written in legal terms. MISSION STATEMENT The City of South San Francisco’s mission is to provide a safe, attractive, and well-maintained city through excellent customer service and superior programs, and a work ethic that will enhance the community’s quality of life. To that end, we will strive to nurture a partnership with the community by recruiting a diverse, inclusive, and highly skilled workforce, being an active partner in quality education, and attracting and retaining a prosperous business community, all of which will foster community pride and understanding. South San Francisco is a place where everyone can thrive. Its high quality of life, diverse and inclusive community, livable neighborhoods, excellent services, culture of innovation, and environmental leadership ensure all people have the opportunity to reach their full potential. VALUES As an organization we are committed to: • Diversity and Inclusion • Livability • Sustainability • Innovation GUIDING PRINCIPLES • Affordable, Safe, Attractive Amenity-Rich Neighborhoods • High-Qual ity and Accessible Services, Facilities, and Amenities for Residents at All Stages of their Lives • A Safe, Convenient, and Accessible Transportation Network w ell-connected to the Region • A Resilient Community • A Prosperous Downtown and Local Economy 104 4 | Page CITY SEAL The term "city seal" is used to refer to two different items: the official corporate seal and the city logo which appears on business cards, letterhead, and so forth. The corporate seal, which is in the custody of the City Clerk, is a stamp which leaves a visible and tactile impression upon a document. The seal is circular, has a two-inch diameter and the words "Seal of the City of South San Francisco Incorporated September 19, 1908". Use of the corporate seal is mostly a matter of custom and ceremony. The city logo appears frequently and is what most people identify as the city seal. It is circular, exists in a variety of sizes, says "City of South San Francisco California" and has a detailed rendering of city scenes in the center. It is used to associate items and materials with the City and is not to be used in any manner which would imply the official sanction of the City when such is not the case. For other than official city business or city-related activities, the logo/seal may not be used to imply that a user represents or is in any way officially associated with the City except by specific written authorization of the City Manager. Councilmembers who abuse the use of the city seal in intentional political and campaign activities, such as paid campaign advertisements, shall apologize publicly over their abuse of city resources. The councilmembers will also do whatever is in their power to cease and desist the spread and distribution of such campaign materials. CITY COUNCIL As a general law city, South San Francisco derives its authority from and is subject to the general laws of the State of California. Its authority to regulate is limited to those powers authorized by the State of Constitution and laws adopted by the State Legislature. South San Francisco has a five-member City Council elected at district-level seats by each of the City’s five (5) districts to four-year terms on a staggered biennial basis. Councilmember terms are staggered so that a measure of continuity is maintained in the transition from one City Council to the next. The powers of a City Council in California to establish policy are quite broad. Essentially, councils may undertake any action related to city affairs other than those forbidden or preempted by state or federal law. Specifically, the City Council shall have the power, in the name of the city, to do and perform all acts and things appropriate to a municipal corporation and the general welfare of its inhabitants, which are not specifically forbidden by the Constitution and laws of the State of California. The South San Francisco City Council acts as a body. While the Mayor has some additional ceremonial and administrative responsibilities, no Councilmember has any power or additional votes beyond those of the other members or the Mayor. In the establishment of policy, voting and in all areas except those identified below, all members are equal. Except where the law requires a certain number of affirmative votes, a majority vote of the City Council establishes policy and makes decisions for the City. While an individual member may disagree with a decision of the City Council, a decision of the majority does bind the City Council to a course of action. In turn, it is the city staff’s responsibility to ensure that the policy of the City Council is implemented. Actions by city staff to implement a decision of the City Council do not reflect any bias against a Councilmember who held a minority view on that issue. 105 5 | Page Appointment of City Manager and City Attorney The City Council appoints two positions within the city organization: the City Manager and the City Attorney (currently a contract attorney). Both positions serve at the will of the City Council as a body. The City Attorney serves as parliamentarian during City Council meetings. The role of the parliamentarian is advisory and consultative; the chair has the power to rule on questions of order. CITY COUNCIL-MANAGER FORM OF GOVERNMENT Role of the City Manager The City Manager is an employee of the City and has an employment agreement that specifies certain terms of employment including an annual performance evaluation by the City Council. The City Manager is responsible for all other personnel appointments within the City with the exception of the City Attorney’s office. The employment relationship between the City Council and the City Manager honors the fact that the City Manager is the Chief Executive Officer of the City who works for five independently elected officials. The City Council and City Manager should be a participatory team. Councilmembers should avoid situations that can result in the City staff being directed by one or two members of the Council. Regular communication between the City Council and the City Manager is important in managing open communications. All dealings with the City Manager, whether in public or private, should respect the authority of the City Manager in administrative matters. The City Council evaluates the performance of the City Manager on an annual basis to ensure that both the City Council and the City Manager are in agreement about performance and goals. As in any professional relationship, it is important that the City Manager keeps the City Council informed. The City Manager respects and is sensitive to the political responsibility of the City Council and acknowledges that the final responsibility for establishing the policy direction of the City is held by the City Council. The City Manager’s power and authority include the ability to: Review all agenda documents before preparing the agenda for any regular or special meeting of the City Council. Direct the work of all appointive City officers and departments that are the concern and responsibility of the City Council, except those that are directly appointed by or report directly to the City Council. Recommend to the City Council adoption of polices or procedures that the City Manager may deem necessary for the health, safety or welfare of the community. Conduct research in administrative practices in order to bring about greater efficiency in City government. Execute and issue letters of support in communication with the Mayor for funding support as directed by a majority of the City Council. 106 6 | Page ROLES AND RESPONSIBILITIES Councils are comprised of individuals with a wide variety of backgrounds, personalities, values, opinions, and goals. Despite this diversity, all have chosen to serve in public office in order to improve the quality of life in the community. In all cases, this common goal should be acknowledged even as the Council may "agree to disagree" on contentious issues. All members of the City Council, including those serving as Mayor and Vice-Mayor, have equal votes. No Councilmember has more power than any other Councilmember, and all should be treated with equal respect and provided with the same opportunities for discussion and dialogue during deliberations considered by the council. Mayor ∗ Is nominated and appointed on a special council meeting held after the final declaration of the results of the preceding Council election and prior to the first regular council meeting in December during election years, and on a special held council meeting prior to the first regular council meeting in December in non-election years. ∗ Serves as the presiding officer of the City Council, preserving strict order and decorum at all publicly noticed meetings of the City Council; announces City Council decisions on all subjects; and decides all questions of order, including items to be placed on the regular council meeting agenda in communication with the City Manager, City Attorney, and City Clerk, subject to modification by the City Council. ∗ Plans and organizes with City Manager and city staff the annual City Council strategic priorities retreat. ∗ Leads the City Council into an effective and cohesive working team. ∗ Is recognized as the ceremonial spokesperson for the City. ∗ Serves as the City Council’s spokesperson in the media. However, when a direct inquiry is made to Councilmembers from media, members should apprise the Mayor and City Manager of communications with any media outreach, interview or presentations, when possible and if timing permits. ∗ Selects a substitute for City representation when unable to attend and speak. ∗ May call for special meetings or council study sessions as necessary in response to the scope and timing of the City Council’s workload and schedule. ∗ Signs minutes or other required documents on behalf of the City when Mayor’s signature is required. ∗ Appoints other councilmembers to regional or county govt bodies, associations, boards, and commissions and checks in with them on their current assignments. ∗ Rotates the assignment of councilmembers to internal assigned committees that focus on direct internal city work. ∗ Responds to correspondence submitted to the full City Council on non-agenda items, regular mail or electronic communication. ∗ Oversees the administration of proclamations and plaques as adopted by the City Council. ∗ Issues proclamation and plaques as needed without formal action by City Council. 107 7 | Page However, any councilmember may submit a request to the Mayor for such items. Certificates of Recognition and Commendations may be issued by all members without formal approval action being taken. ∗ Coordinates the annual performance evaluation of the City Manager and City Attorney. ∗ Is entitled to vote on all matters and vote counts only once. Does not have veto power or ability to break any form of vote ties. ∗ Has the discretionary decision-making authority of time-allotment given to speakers or members of the public during special or regular council meetings. * The Mayor may require any person addressing the Council to be sworn in as a witness and to testify under oath and must so request if directed to do so by a majority of the Council. The Mayor may administer oaths. This rarely occurs. Appeals and revocation hearings are the most likely instances when testimony is taken under oath. Vice Mayor ∗ Serves as the presiding officer when the Mayor is absent. ∗ Performs all of the duties of the Mayor in the Mayor’s absence or specific duties at the request of the Mayor. ∗ Represents the City at ceremonial functions at the request of the Mayor. Councilmembers: ∗ Be responsible for the highest standards of respect, civility and honesty in ensuring the effective maintenance of intergovernmental relations. ∗ Serve as role models of leadership, public service and civility to the community. ∗ Inspire public confidence and respect in South San Francisco government. ∗ Respect the roles of all elected officials and City staff to ensure an open and effective government. ∗ Work for the common good, not personal interest. ∗ Participate in all scheduled City Council meetings in person or virtually as allowed by the Brown Act and in other public forums while demonstrating respect, consideration and courtesy to others. ∗ Demonstrate honesty and integrity in every action and statement. ∗ Comply with both the letter and spirit of the laws and policies affecting the operation of government. ∗ Prepare in advance of City Council meetings and be familiar with issues on the agenda. This includes making every effort to consult with the City Manager and ask questions with enough time for a response to be provided prior to the City Council meeting. ∗ Shall be respectful of other people’s time, stay focused and act efficiently during public meetings. ∗ Shall not represent publicly that they have authority to take action on behalf of the City in their capacity as an elected official or that they have authority to take action on behalf of the City on any matter that has no direct effect on the local affairs of the City and over which the City has no jurisdiction, including and not limited to the council district they have been elected to represent. This includes writing or authoring letters of support or other documents without prior authorization from the Mayor and City Council. ∗ Commit to spending time each year outside of regular City Council meetings to work 108 8 | Page with the City Manager and staff on setting goals and priorities for the City government, including the District they represent, and by attending the annual council retreat and/or to work on issues that may be inhibiting the maximal achievement of City goals. ∗ May represent the City at ceremonial functions at the request of the Mayor. ∗ Represent the city on regional appointed bodies (boards, associations, ad hoc committees, and commissions) as appointed by the Mayor. Ensuring that the voice of the city is brought forth in all votes and matters addressed in those bodies. The confirmation will be done publicly at the City Council's first meeting, following the City Council Reorganization, typically in January every year under "Items from Council" with a roll- call vote of approval by members. The item will be placed on the agenda by the City Manager’s office. ∗ Participate in scheduled activities to increase Council effectiveness. ∗ Review Council procedures, such as these Council Protocols, biennially. ∗ Represent their respective districts and bring forth issues of concern that may affect their district(s) and may have a citywide impact. ∗ Provide contact information to the City Clerk in case an emergency or urgent situation arises while the Councilmember is out of town. ∗ Complete all required training in a timely manner, including State-mandated AB 1234 Ethics Training, Workplace Harassment Training, and Cyber Security training. ∗ File all required Fair Political Practices Commission documentation, including the annual Statement of Economic Interests and campaign statements in a timely manner with all entities as required i.e., Successor Agency and Regional Bodies. CONCURRENT ROLES Members of the City Council serve as members of other entities operating on behalf of South San Francisco. Successor Agency to the Redevelopment Agency The former Redevelopment Agency was established in 1979 and dissolved on February 1, 2012. Pursuant to Assembly Bill x1 26 (“AB 26”), which amended provisions of the State’s Community Redevelopment Law (Health and Safety Code sections 330000 et seq.) (“Dissolution Law”), the members of the City Council serve as the members of the Successor Agency to the former Redevelopment Agency of the City of South San Francisco (“Successor Agency”). Dissolution defines the roles and duties of the Successor Agency. Recreation and Park District Originally established in 1950 as the Park, Recreation and Parkway District, this entity was reorganized as the Recreation and Park District in 1961 in conformance with Public Resources Code Section 5780 et seq. The City Council serves as the board of directors, which may organize, promote, conduct and advertise programs of community recreation, establish, maintain and operate recreation centers, parks and parkways, and provide transportation services. Willow Gardens Parks and Parkways Maintenance District The City Council is the governing body for the City’s share of the property tax allocated towards the Willow Gardens Parks and Parkways Maintenance District, and the City Council serves as the board of directors of this district. 109 9 | Page South San Francisco Public Facilities Financing Authority The City Council is the governing body of the authority. The authority shall be a public entity separate from the City and Parking Authority as established in the joint exercise of powers agreement, which may assist in the financing and refinancing of capital improvement projects of the members and other activities of the members as permitted. COUNCIL COMMITTEE ASSIGNMENTS The Council may organize among its members such standing committees of two members as it may determine useful, each of which shall act as a fact-finding committee for the purpose of considering all available information on proposed legislation or matters of policy referred to it and shall make recommendations to the Council as a whole. The Mayor shall assign each Councilmember to various standing committees every year. Members are appointed in January of each year. Participation and attendance at those committee meetings is important. Continued absences from meetings without good cause may result in removal from a committee at the discretion of the Mayor, taking into consideration advice from other committee members. From time-to-time ad hoc committees may be organized by the Mayor to address special concerns which may be of short duration. Additionally, each Councilmember may be assigned by the Mayor as liaison to various boards, committees and commissions, and other public agencies or quasi-public agencies. It is the prerogative of the Mayor, taking into consideration relative length of Council service, individual Councilmember preference and equivalency, to assign individual Councilmembers to various committees. There should be a yearly rotation in December for city internal committees and ad-hoc bodies in order for all members of the council to gain knowledge, provide feedback and expertise on city matters. The external/regional assignments shall stay the same year over year, unless there is a vacancy created by termination of term of office, death, or other physical restrictions that do not allow a member to continue in that role. The consistency of members in each of the regional bodies is important for the representation of the city and for contextual business knowledge of the topics of that body. San Mateo Council of Cities/City Selection Committee Before each Council of Cities meeting, the Mayor shall consult the City Council on the direction for the first vote for a position. On the first vote for a position opened and advertised and subsequently selected by the San Mateo Council of Cities/City Selection Committee, the City’s designated representative which can be the (i.e., Mayor or Vice Mayor or the presiding officer indicated via a formal proxy) must vote in accordance with the City Council’s direction. All subsequent votes are left to the discretion of the designated representative. If the Mayor is not able to attend the monthly San Mateo Council of Cities/City Selection Committee meeting the order of seniority will take place and the Vice Mayor will serve as proxy 110 10 | Page by submitting a formal document and submitting, it to the county clerk of the board via the City Manager’s office. At these meetings, the Mayor, Vice Mayor or the most senior member of council (determined by election date) will introduce the council delegation attending and representing the city at these events/meetings. ROLE IN DISASTER The City Council has some special, extraordinary powers in the case of a disaster. Some meeting restrictions and expenditure controls are eased in such extreme situations. In critical situations the City Council may be directed to assemble in the City’s Emergency Operations Center (EOC), to provide policy guidance and to receive information. Refer to South San Francisco Municipal Code Chapter 2.72, which establishes the disaster Council under state law, and the City’s Emergency Operation Plan. For the statutory provisions authorizing cities to establish disaster relief bodies, see Gov. Code § 8610 et seq. For the statutory provisions on the State Emergency Council’s rules and regulations governing disaster services workers, see Gov. Code § 8580. 2.72.010 Purposes. The declared purposes of this chapter are to provide for the preparation and carrying out of plans for the protection of persons and property within this city in the event of an emergency; the direction of the emergency organization; and the coordination of the emergency functions of this city with all other public agencies, corporations, organizations and affected private persons. (Ord. 622 § 1, 1971) 2.72.020 Definition. As used in this chapter, “emergency” means the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this city caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, drought, sudden and severe energy shortage, plant or animal infestation or disease or earthquake, or other conditions, including conditions resulting from war or imminent threat of war, but other than conditions resulting from a labor controversy, which conditions are or are likely to be beyond the control of the services, personnel, equipment and facilities of this city, requiring the combined forces of other political subdivisions to combat. (Ord. 938 § 1, 1983; Ord. 622 § 2, 1971) 2.72.030 Disaster Councilmembership. The city disaster council is created and shall consist of the following: (a) The Mayor, who shall be chairman; (b) The director of emergency services, who shall be vice-chairman; (c) The assistant director of emergency services; (d) Such chiefs of emergency services as are provided for in the current emergency plan of this city, adopted pursuant to this chapter; (e) Such representatives of civic, business, labor, veterans, professional or other organizations having an official emergency responsibility, as may be appointed by the director with the advice and consent of the City Council. (Ord. 622 § 3, 1971) 2.72.040 Disaster council powers and duties. 111 11 | Page It shall be the duty of the city disaster council, and it is empowered, to develop and recommend for adoption by the City Council, emergency and mutual aid plans and agreements and such ordinances and resolutions and rules and regulations as are necessary to implement such plans and agreements. The disaster council or selected representation therefrom shall meet upon call of the chairman or, in his absence from the city or inability to call such meeting, upon call of the vice-chairman. (Ord. 622 § 4, 1971) 2.72.050 Director and assistant director of emergency services. (a) The offices of director of emergency services and assistant director of emergency services are created. The City Manager shall be the director of emergency services and the fire chief shall be the assistant director of emergency services. (b) The order of succession to the office of the director of emergency services shall be the assistant director and thereafter the police chief. (Ord. 1053 § 6, 1989; Ord. 622 § 5, 1971) 2.72.060 Powers and duties of the director and assistant director of emergency services. (a) The director is empowered to: (1) Request the City Council to proclaim the existence or threatened existence of a local emergency if the City Council is in session, or to issue such proclamation if the City Council is not in session. Whenever a local emergency is proclaimed by the director, the City Council shall take action to ratify the proclamation within seven days thereafter or the proclamation shall have no further force or effect; (2) Request the governor to proclaim a state of emergency when, in the opinion of the director, the locally available resources are inadequate to cope with the emergency; (3) Control and direct the effort of the emergency organization of this city for the accomplishment of the purposes of this chapter; (4) Direct cooperation between and coordination of services and staff of the emergency organization of this city; and resolve questions of authority and responsibility that may arise between them; (5) Represent this city in all dealings with public or private agencies on matters pertaining to emergencies as defined herein; (6) In the event of the proclamation of a local emergency as herein provided, the proclamation of a state of emergency by the Governor or the Director of the State Office of Emergency Services, or the existence of a state of war emergency, the director is empowered: (A) To make and issue rules and regulations, on matters reasonably related to the protection of life and property as effected by such emergency; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the City Council, (B) To obtain vital supplies, equipment and such other properties found lacking and needed for the protection of life and property and to bind the city for the fair value thereof and, if required immediately, to commandeer the same for public use, 112 12 | Page (C) To require emergency services of any city officer or employee and, in the event of the proclamation of a state of emergency in the county in which this city is located or the existence of a state of war emergency, to command the aid of as many citizens of this community as he deems necessary in the execution of his duties; such persons shall be entitled to all privileges, benefits and immunities as are provided by state law for registered disaster service workers, (D) To requisition necessary personnel or material of any city department or agency, and (E) To execute all of his ordinary power as City Manager, all of the special powers conferred upon him by this chapter or by resolution or emergency plan pursuant hereto adopted by the City Council, all powers conferred upon him by any statute, by any agreement approved by the City Council and by any other lawful authority. (b) The assistant director shall, under the supervision of the director and with the assistance of emergency service chiefs, develop emergency plans and manage the emergency programs of this city; and shall have such other powers and duties as may be assigned by the director. (Ord. 1053 § 7, 1989; Ord. 622 § 6, 1971) 2.72.070 Emergency organization. All officers and employees of this city, together with those volunteer forces enrolled to aid them during an emergency, and all groups, organizations and persons who may by agreement or operation of law, including persons impressed into service under the provisions of Section 2.72.060(a)(6)(C), be charged with duties incident to the protection of life and property in this city during such emergency, shall constitute the emergency organization of the city. (Ord. 622 § 7, 1971) 2.72.080 Emergency plan. The city disaster council shall be responsible for the development of the city emergency plan, which plan shall provide for the effective mobilization of all of the resources of this city, both public and private, to meet any condition constituting a local emergency, state of emergency or state of war emergency, and shall provide for the organization, powers and duties, services and staff of the emergency organization. Such a plan shall be in effect as of the date of an approving resolution by the City Council. (Ord. 622 § 8, 1971) 2.72.090 Relationship with San Mateo Operational Area. The city of South San Francisco shall be a member of the San Mateo Operational Area Emergency Services Organization, which serves to coordinate civil defense and disaster plans, programs and agreements among the political subdivisions in the county of San Mateo and between the political subdivisions and the Office of Emergency Services of the state of California. The Mayor or an alternate from the City Council shall be a voting member of the San Mateo Operational Area Emergency Services Council, which serves as the governing body of the San Mateo Operational Area Emergency Services Organization. (Ord. 938 § 2, 1983; Ord. 622 § 9, 1971) 2.72.100 Expenditures. 113 13 | Page Any expenditures made in connection with emergency activities, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the city. (Ord. 622 § 10, 1971) 2.72.110 Penalty for violations. It is a misdemeanor, punishable by a fine of not to exceed five hundred dollars, or by imprisonment for not to exceed six months, or both, for any person, during an emergency, to: (a) Willfully obstruct, hinder or delay any member of the emergency organization in the enforcement of any lawful rule or regulation issued pursuant to this chapter, or in the performance of any duty imposed upon him by virtue of this chapter; (b) Do any act forbidden by any lawful rule or regulation issued pursuant to this chapter, if such act is of such a nature as to give or be likely to give assistance to the enemy or to imperil the lives or property of inhabitants of this city, or to prevent, hinder or delay the defense or protection thereof; (c) Wear, carry or display, without authority, any means of identification specified by the emergency agency of the state. (Ord. 622 § 11, 1971) COUNCIL REORGANIZATION Newly elected Councilmembers are sworn into office at a special meeting in December following a regular municipal election on even election years. Newly elected members of a legislative body who have not yet assumed office must conform to the requirements of the Brown Act as if already in office. Thus, meetings between incumbents and newly elected members of a legislative body, such as a meeting between two outgoing members and a member- elect of a five-member body, could violate the Brown Act (California Government Code Section 54952.1). A reception will be held immediately following the reorganization meeting provided that there is no other emergent matter occurring at that time or a declared state of emergency. The City Council shall meet annually to choose one of its members as Mayor and one of its members as Vice-Mayor. The meeting to determine organization or reorganization of the City Council (i.e., selection of Mayor and Vice-Mayor) shall be held on or before the Tuesday that immediately precedes the Wednesday of the first regularly scheduled meeting of the City Council in December, unless the Mayor and City Council select a different date in discussion with the City Clerk’s office. In even numbered years in which a regular City Council election occurs, the reorganization shall follow certification of the election results by the San Mateo County Office of Elections. Selection of Mayor and Vice Mayor Rotation by District: Members rotated in order of the district number they represent. With the advent of district elections, it is important to ensure that every district has an equal chance at representation through the Mayorship. 114 14 | Page In the event of new councilmembers being elected and beginning their term on their district’s “Mayor year,” it will be required for any new Councilmember to start their first year as Councilmember, then the subsequent year as Vice Mayor, and the third year as Mayor. The order will temporarily skip that district’s new councilmember to the next in line, until that new Councilmember is in their third year, where they will have some experience that allows them to serve more effectively. The order will resume following the temporary displacement. This will allow for newly elected Councilmembers to gain experience instead of immediately assuming the Mayor role. A councilmember does not have to be Vice Mayor the year immediately preceding their Mayoral year. Order of Rotation per District 2023 District 3 2024 District 4 2025 District 5 2026 District 1 ELECTED SEAT VACANCIES Government Code Section 36512 governs the filling of City Council, City Treasurer, and City Clerk elected vacancies for general law cities if the City has not already adopted its own ordinance governing vacancies pursuant to that section. Per Government Code Section 36512, the City Council shall, within 60 days from the commencement of the vacancy, either fill the vacancy by appointment or call a special election to fill the vacancy. The special election shall be held on the next regularly established election date not less than 114 days from the call of the special election. A person appointed or elected to fill a vacancy holds office for the unexpired term of the former incumbent. However, the City may enact an ordinance providing that a person appointed to fill a vacancy holds office only until the date of a special election which shall immediately be called to fill the remainder of the term. COMPENSATION Each member of the City Council receives a monthly salary as provided for in the South San Francisco Municipal Code Chapter 2.12, Government Code Section 36516, as amended. Salaries are payable at the same time and in the same manner as salaries are paid to other officers and employees of the City. City Council compensation is governed by state law. Under Government Code section 36516 and 36516.5, Council compensation can only be adjusted by ordinance. Changes only go into effect when a member of Council begins a new term. Increases can only be 5% per year since the last adjustment. Councilmembers are optional members of the Public Employees’ Retirement System and also receive Social Security coverage during their term of office. They also are provided with various insurance benefits. (Appendix 4: Summary of benefits) Attendance at pertinent meetings, conferences or seminars will be reimbursed in the same manner as for city employees. 115 15 | Page The established salaries are exclusive of any amount payable to each member of the Council as reimbursement for actual and necessary expenses incurred in the performance of official duties for the City. Appendix 10: City Council’s Reimbursement policy. TRAINING EXPENSES Below is guidance on the use of public funds as presented by the Fair Political Practices Commission (FPPC) online AB 1234 training. “Public officials deal with many difficult and complex issues. It can be helpful to attend conferences to learn more about these issues and consult with officials from other jurisdictions about what they do. There are a number of conferences that offer valuable information to help local officials better serve their communities. But what happens if an official says he or she is going to a conference and then the official misses all or most of the educational sessions? Such a scenario raises both legal and ethical issues. The legal issue is that all expenditures of public money must support a public purpose. The public purpose of sending someone to a conference is for the attendee to acquire new information and knowledge to help better serve the community. If the official doesn't do this (and instead uses the trip as a recreational opportunity), the official risks being accused of using public resources for non-public, personal purposes. The ethical issue is whether the charge can be made that the official misrepresented his or her purpose in traveling to the conference location. If the official said it was to attend the conference, but the official really didn't, then both the official's colleagues and the public's trust in the official's truthfulness will be diminished. Use of Public Resources for Political Purposes The same rules that prevent personal use of public resources also prohibit political use of public resources. This means public officials may not use agency equipment, supplies or staff time for political purposes. "Political purposes" includes activities to promote or defeat candidates for public office; they also include campaign activities promoting the passage or defeat of ballot measures. Consequences of Violations Misuse of public resources for personal or political purposes is punishable by: • Civil penalties of up to $1,000 a day plus three times the value of the resource used. • Criminal penalties include a two- to four-year prison term and being disqualified from holding public office. • Prosecution for income tax evasion, with associated penalties under federal law. 116 16 | Page • Administrative or civil penalties under the Political Reform Act for failure to report the value of the misused resources as a campaign contribution if the official is running for office. Note too that local officials have also been sued by private parties seeking to force the local officials to pay back the dollar value of the public resources the private parties believe that the officials misused.” EQUIPMENT AND SUPPLIES The City provides Councilmembers with a computer, cellular telephone, iPad, accessories, and credit card. The City Council should use city-provided equipment consistent with the City Council policy for the use of telecommunications equipment. City issued credit cards shall only be used for city expenses. Councilmembers must submit original or legible digital receipts, within two weeks of expenditure, to the City Manager’s office with notation as to the nature of the expense. The City will not reimburse Councilmembers for the cost of attendance at any political event. Appendix 5: City Council Policy for use of telecommunication equipment. QUORUM A majority of the Council in office constitutes a quorum for the transaction of business, but a lesser number may adjourn from time to time and may compel by a notice the attendance of absent members refusing or neglecting to attend meetings under Government Code Section 36813. Disobedience of the notice may be punished at the discretion of the Council by a fine. The notice may be by any means giving actual notice to appear and may be given by the City Clerk or any person authorized by the Council. When there is no quorum either in person or a combination of in person and virtual, the Mayor, Vice-Mayor, or any Councilmember may adjourn a meeting, or if no Councilmember is present, the City Clerk may adjourn a meeting. SUBPOENAS The Council has the power and authority to compel the attendance of witnesses, to examine them under oath and to compel the production of evidence. Subpoenas signed by the Mayor and attested by the City Clerk may be issued in the name of the City. Disobedience of a subpoena or the refusal to testify on other than constitutional grounds may be deemed contempt. CONDUCT OF MEETINGS The Council should refer to one another formally during Council meetings as Mayor, Vice- Mayor or Councilmember followed by the individual’s last name. Difficult questions, tough challenges to a particular point of view, and criticism of ideas and information are legitimate elements of a free democracy in action. Be respectful of diverse opinions. Councilmembers have a public stage to show how individuals with disparate points of view can find common ground and seek a compromise that benefits the community. Councilmembers are role models for residents, businesspeople, and other stakeholders involved in public debate. At meetings Councilmembers should agree to sit at the dais, use the microphone and chair assigned to them and not sit elsewhere during a meeting. 117 17 | Page COUNCIL CONDUCT WITH STAFF Treat All Staff as Professionals: Clear, honest communication that respects the abilities, experience, and dignity of everyone is expected. No demeaning or belittling of staff during public meetings shall occur. If there is a particular incompetency of performance the matter shall be addressed privately with the City Manager via correspondence or via conversation As with Council colleagues, practice civility, respect and decorum in all interactions with City staff. Do not attend any city staff or departmental meetings unless requested by staff. This includes and is not limited to if the Councilmember does not say anything, the Councilmember’s presence may imply support, show partiality, intimidate staff, or hamper staff’s ability to do its job objectively. Political Support from Staff During Elections: During the time period between the close of the candidate filing period and the related election, certain guidelines apply. ∗ First, staff shall not, except as provided herein, compile or distill information electronically or otherwise in response to request for information from a candidate for elective city office including a sitting elected official. ∗ Second, Councilmembers and other elected city officials may continue to request information that requires the creation of new documents or distillation of data if the request for such data is presented to and approved by the Council. ∗ Third, any public information provided to a candidate for an elected city office shall be provided to all candidates for that office. In addition, some professionals (e.g., City Manager and the Assistant City Manager) have professional codes of ethics, which preclude politically partisan activities or activities that give the appearance of political partisanship. Responses to a Councilmember’s written request for information shall be distributed to all Councilmembers. The councilmember should not need to be identified when the information is shared to all councilmembers. BROWN ACT The Brown Act, (Government Code Section 54950 et seq.) authored by Assemblyman Ralph D. Brown in 1953, focuses on keeping the public business in the public's eye and governs many of the processes which must be followed with regard to notices, agendas, and the conduct of meetings. It attempts to strike a balance between public access to the activities of a public body and the need for candor, debate and information gathering. With few exceptions, the law provides that all the deliberative processes be open and available for public scrutiny. It defines meetings broadly as a gathering of a quorum where business is discussed or transacted. An informal gathering, such as a social event, is not a meeting unless official business is discussed. Among Councilmembers, a series of telephone calls, emails, texts, a virtual meeting, a conference call, mass emailing or texting or any other informal session in which substantive matters are discussed, may constitute a meeting under the Act. A series of telephone calls, emails or texts, either by one Councilmember to all of the others or one by each 118 18 | Page Councilmember as a link in a chain may be determined to be a meeting if substantive matters are discussed. As part of the notice requirements, the Brown Act requires the posting of an agenda, at least seventy-two (72) hours prior to a regular meeting, containing a brief general description of each item of business to be transacted. As of January 1, 2019, Assembly Bill 2257 (“AB 2257”) requires online posting of an agenda for a meeting. No action may be taken on any item not appearing on the posted agenda. "Action taken" is defined as a vote, collective decision, commitment or promise by a majority of the body. According to the Attorney General, an item which is merely discussed, with no decision as to how the matter should be resolved, would not constitute taking action. Similarly, brief discussions of procedural or preliminary matters which are not substantive in nature (e.g., instruction to staff to report back, scheduling of meetings and items) are not prohibited. A standing committee of the City Council is also subject to the Brown Act notice requirements. There are several exceptions to the agenda requirement. ♦ First, action may be taken on a matter determined to be an emergency. ♦ Second, if at least two-thirds of the Councilmembers (i.e., effectively four members) approve, an item may be included on the agenda if the need to take action arose after the agenda was posted. Or, if less than two-thirds of the Councilmembers are present, a unanimous vote of those present is needed to include the item that requires immediate action. ♦ Third, action may be taken on an item which was previously posted in connection with a meeting which occurred no more than five (5) days prior, provided the prior meeting was adjourned to the new date. Under the Brown Act, the Mayor or three members of the City Council may call a Special meeting by providing twenty-four (24)-hour advance notice to all the Councilmembers and to all media representatives who have requested notice in writing. The notice may be delivered personally or by any other means. The notice must state the time, place, and business to be transacted with an opportunity for the public to address the Council on that item. The notice must be posted in a public and freely accessible location. No other business may be considered at a special meeting. Emergency meetings may be held if there is a work stoppage or other activity which severely impairs public health, safety or both, and if there is a crippling disaster. Twenty-four (24)-hour notice and posting is not required in such situations; however, newspapers, radio and television stations must be notified at least one (1) hour prior to the meeting if telephone service is still available. Closed sessions are permitted in a limited number of instances, subject to specific rules and regulations. Though closed sessions are permitted, they must be included on the regular or special meeting agenda with a brief description of the matters to be discussed. Specific language to describe the actions to be discussed is statutorily defined and, when used, ensures compliance with the Brown Act. (See Government Code Sections 54954.5; 54956 et. seq.; 54957 et. seq.) Closed session may not occur in an “emergency meeting” unless agreed to by a two-thirds vote of the Councilmembers present (i.e., four members), or, by a unanimous vote if less than two- thirds of the Councilmembers are present. (Gov. Code § 54956.5(c)). 119 19 | Page Permitted Closed Sessions A summary listing of permitted closed session items under the Brown Act include: 1. License applicants with criminal records 2. Real Estate Negotiation 3. Conference with Legal Counsel on Initiation of Existing and Anticipated Litigation 4. Liability Claims 5. Threats to Public Services or Facilities (public security) 6. Personnel Matters (public employee appointment, termination, discipline, etc.) 7. Labor Negotiations The Brown Act requires the disclosure of certain items decided in closed session meetings. Minutes may be taken during closed session, but they are not considered part of the public record. If there is an approval of agreements concluding real estate negotiations and the City finalizes the agreement, the report given in open session, during the same meeting, must include the approval action taken, a voting tally and the substance of the agreement. If the other party finalizes the agreement, it must include the same information but is given as soon as the other party informs the City of its approval. In an approval of a litigation defense, appellate review or amicus curiae participation, the report must include the approval action, adverse parties (when known), litigation substance and the voting tally. The approval is reported in open session, during the same meeting. If approval to initiate or intervene in litigation is granted, the report given in open session during the same meeting must include the decision to take action and intended action to be taken. After the action has started and if the disclosure does not jeopardize the City’s legal position the disclosure given only upon inquiry, must include the approval action, the voting tally, defendant(s) and the substance of the litigation. If the City’s ability to affect service or to conclude existing settlement negotiations would be compromised by disclosure, the City does not have to do so until the conclusion of the matter. When the matter is concluded, the City must disclose, only upon inquiry, the same as above. When pending litigation settlements are approved, if the City finalizes a signed settlement offer, the report given in the open session, during the same meeting, must include the acceptance action, the voting tally, and the substance of the agreement. If the other party or a court must finalize the agreement, the disclosure occurs when the settlement is finalized, and includes the same information. With a disposition of Joint Powers Agency claims, the report includes a voting tally, the name of the claimant, the name of the local agency claimed against, the substance of the claim and the monetary amount approved for payment (if any). The report is made as soon as the disposition is reached. For actions affecting the employment status of public employees, twenty-four (24) hours before the meeting the employee must be informed of the charges, and of the right to hear the charges in an open session. When a decision is reached in closed session, the report must include action 120 20 | Page taken that affects the employment status, the voting tally and the title of the position. If the action taken is a dismissal or a nonrenewal of a contract, the report will be deferred until the employee has an opportunity to exhaust all administrative remedies. Otherwise, the report will be given in the open session, during the same meeting. For agreements concluding labor negotiations, the report is required after the agreement is finalized and ratified. The report must include the item approved, the voting tally, and the other party. Violation of the provisions of the Brown Act can result in criminal penalties, the imposition of civil remedies, and the award of attorney's fees. Attendance at a meeting at which a violation occurs and action is taken when there is knowledge by the official that a violation is occurring, can result in misdemeanor liability. The available civil remedies are injunction, mandamus or declaratory relief, as well as allowing recordings of closed sessions. The remedies are designed to prevent further or future violations and do not require knowledge or action to be taken. Before a suit can be initiated, however, the complainant must make a written demand to the City Council to correct or cure the violation, and the Council must fail to do so. An action taken by the Council during a time of alleged Brown Act violations is not automatically null and void. If the actions were in "substantial compliance" with the law, or if they related to the sale of bonds or the issuance of contracts, those actions would still be valid. If a violation is found and attorney's fees are awarded, the award is against the city and not against the individuals who violated the law. If someone brings an action against the city and the City prevails or the action is determined to be frivolous and without merit, the City may be awarded its attorney's fees. For a more detailed discussion of the Brown Act provisions and requirements including relevant case law, please refer to the publication prepared by the First Amendment Coalition, a copy of which is available for review in the City Council’s Office. The publication referenced herein is for information purposes only and does not impose any obligations on the City Council that do not otherwise exist under California law. ROSENBERG’S RULES OF ORDER Rosenberg’s Rules of Order is a simplified set of parliamentary rules widely used in California. Hundreds of cities, counties, special districts, committees, boards, commissions, neighborhood associations, and private corporations and companies have adopted Rosenberg’s Rules in lieu of Robert’s Rules because they have found them practical, logical, simple, easy to learn and user friendly. The rules were developed by Dave Rosenberg, a longtime Superior Court Judge in Yolo County, based on his decades of experience chairing meetings in state and local government. The rules have been simplified for smaller governing bodies and slimmed down for the 21st Century, while retaining the basic tenets of order. https://www.calcities.org/resource/rosenberg's-rules-of- order-simple-rules-of-parliamentary-procedure-for-the-21st-century Procedural matters not otherwise covered by either city ordinance, city resolution, state law, or this handbook, are handled in accord with Rosenberg's Rules of Order. No provision in 121 21 | Page Rosenberg’s Rules is to be construed to supersede any procedure adopted by the City Council or required by state law. It is recognized that Rosenberg’s Rules apply to deliberative assemblies, but that the City Council also functions as a quasi-judicial body. Due process considerations impose certain procedural requirements and are sometimes different than the provisions of Rosenberg’s Rules. For example, a City Council cannot reconsider or rescind a quasi-judicial decision after the decision is final, in the absence of statutory authority to the contrary. In addition, the Government Code sometimes imposes specific rules, such as providing that the chair does participate in debate. (Section 36803). Rules adopted to expedite the conduct of business in an orderly fashion are procedural only. The failure to observe a procedural rule does not affect the jurisdiction of the Council or invalidate any action taken at a meeting that is otherwise held in conformance with the law. ABSENCES AND REMOTE ATTENDANCE Councilmembers are strongly encouraged to attend meetings in person. Whenever a Councilmember knows in advance that he or she will be absent from a Council meeting, it is the responsibility of that member to notify the City Manager and City Clerk as soon as possible of the impending absence. California Government Code Section 36513 provides that if a Councilmember is absent from all regular City Council meetings without permission for sixty (60) days consecutively from the last regular meeting attended, (or seventy (70) days if the Council meets once a month), the seat held by that Councilmember becomes vacant. The law is silent about the basis for granting or denying permission to be absent. Such a determination is left to the Council as a whole. State law allows Councilmembers to attend meetings remotely by following the procedures outlined in Government Code Section 54953(b) (“Standard Remote Attendance”) or the procedures outlined in Assembly Bill 2449 (2022) (“AB 2449 Remote Attendance”). For convenience, these procedures are summarized below and are current as of the date of Handbook revision. If state law is subsequently amended, the amended terms of State law will apply. 1. Number of Remote Appearances Remote attendance shall be permitted not more than 3five (5) times a year per legislative body (for example, five times a year for full Council meetings and five additional times a year for each Council committee). AB 2449 rules still apply which state that no more than two meetings may be attended remotely during a calendar year for “just cause,” as described below. 2. Standard Remote Attendance Procedures A Councilmember attending remotely using these procedures must ensure that: a) The meeting agenda identifies the remote attendance location and is posted at that location in an area that is accessible and visible 24 hours a day for at least 72 hours prior to a regular meeting and 24 hours prior to a special meeting. b) The remote attendance location is open and fully accessible to the public, and fully accessible under the Americans with Disabilities Act, throughout the entire meeting. 122 22 | Page These requirements apply to private residences, hotel rooms, and similar facilities, all of which must remain fully open and accessible throughout the meeting, without requiring identification or registration. c) Members of the public who attend the meeting at the remote attendance location have the same opportunity to address the Council from the remote location that they would if they were present in Council Chambers. d) The remote attendance location must not require an admission fee or any payment for attendance. e) If the meeting includes a closed session, the Councilmember must ensure that there is a private location available for that portion of the meeting. A private location means a closed room such that no other person can hear any portion of the closed session. f) All votes must be by roll call. g) At least a quorum of the City Council must attend the meeting from locations within the City, but they are not required to be at the same location. If the Councilmember intends to follow the procedures of Standard Remote Attendance but determines that any or all of these requirements cannot be met, he or she shall not participate in the meeting remotely using Standard Remote Attendance procedures. 3. Standard Remote Attendance Guidelines a) Five days written notice in advance of the publication of the agenda must be given by the Councilmember to the City Clerk’s office about their intent to participate remotely; the notice must include the address at which the remote attendance will occur, and the address the Council packet should be mailed to if a hard copy is requested. b) The Councilmember is responsible for posting the Council agenda in the remote location, or having the agenda posted by somebody at the location and confirming that posting has occurred. The City Clerk will assist, if necessary, by emailing, faxing or mailing the agenda to whatever address or fax number the Councilmember requests; however, it is the Councilmember’s responsibility to ensure that the agenda arrives and is posted. If the Councilmember needs the assistance of the City Clerk in delivery of the agenda, the fax number or address must be included in the five-day advance written notice above. c) The Councilmember must ensure that the location will be publicly accessible while the meeting is in progress. d) The Councilmember must state at the beginning of the Council meeting that the posting requirement was met at the location and that the location is publicly accessible and must describe the location. 4. AB 2449 Remote Attendance Procedures In 2022 the Legislature adopted AB 2449, which amended the Brown Act to allow remote participation in certain narrow circumstances (listed below) without publishing the remote location on the meeting agenda and without providing public access from the remote location. Where the requirements of AB 2449 are met, a Councilmember is not required to follow the procedures described in Section 2.3(b)(3)(A)-(E), above. A Councilmember may use AB 2449 if the Councilmember has either “just cause” or “emergency circumstances” that require remote participation, as defined by AB 2449. 123 23 | Page A. Just cause. I. “Just cause” is defined as: (a) a childcare or caregiving need of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires remote attendance. (b) a contagious illness that prevents in-person attendance. (c) a need related to a physical or mental disability which cannot be resolved by a request for reasonable accommodation, or (d) travel while on the business of a state or local agency. II. Notice. A Councilmember with “just cause” to attend remotely must notify the Council or Council committee and the City Clerk at the earliest possible opportunity, including at the start of the meeting, of their need to participate remotely. B. Emergency Circumstances. “Emergency circumstances” is defined as a physical or family medical emergency that prevents a Councilmember from attending the Council meeting in person. (a) Notification and acceptance. a. A Councilmember attending remotely due to “emergency circumstances” must notify the Council or Council committee and the City Clerk at the earliest possible opportunity. b. The Council or Council committee must request a general description of the circumstances relating to the Councilmembers’ need to appear remotely. The description does not need to be more than 20 words, and the Councilmember does not have to disclose any personal medical information. c. At the earliest opportunity available to it, the Council or Council committee must, by a majority vote of its members, take action on the request to approve or disapprove it. If the request does not allow sufficient time to place it on the agenda for the meeting for which the request is made, the legislative body must take action on the request at the beginning of the meeting by majority vote. C. Disclosures. Under both Just Cause and Emergency Circumstances, Councilmembers attending remotely must publicly disclose at the meeting before any action is taken whether any other individuals 18 years of age or older are present in the room at the remote location with the member and the general nature of the member’s relationship with the individual. D. Technology. Councilmembers attending remotely shall participate using both audio and visual technology. The technology must provide a two-way electronic platform to allow members of the public to hear, observe, and participate remotely in the meeting. E. Quorum. At least a quorum of the Council must participate in person from a singular physical location clearly identified on the agenda, which location shall be open to the public and situated within the boundaries of the City. 124 24 | Page If the Councilmember intending to follow the procedures of AB 2449 Remote Attendance determines that any or all of these requirements cannot be met, they shall not participate in the meeting remotely using AB 2449 Remote Attendance procedures. LEGISLATIVE ACTIONS Several different types of action may be taken by the Mayor and/or the City Council. Proclamations Proclamations are issued by the Mayor without formal action by the Council to be presented at an appropriate function. Proclamations are public announcements directing attention to a person, an organization or event, or bringing awareness or commemorating a holiday or cause of historic significance. They can also be issued to individuals such as Citizen of the Year, a retiring employee, or International Year of the Child. Proclamations will be issued to Board and Commissioner members who have served the authorized maximum number of terms to acknowledge their contributions to the City of South San Francisco. Proclamations may be requested by any member of the Council. They will be presented are regular council meetings and the Mayor may designate a councilmember to read the proclamation into the record. All members of the City Council should make every effort to sign the proclamation prior to the start of the council meeting in which it will be presented unless unforeseen circumstances prevent them from doing so. Commendations/Certificates of Recognition Commendations/Certificates of Recognition are acknowledgements of the activities of a person or organization, issued by the Mayor or by all Councilmembers without formal action being taken. Commendations/Certificates of Recognition typically acknowledge exceptional endeavors or are given to departing Board and Commission members and/or Councilmembers and are presented at an appropriate function or Council meeting. Councilmembers may request a certificate of recognition for a particular cause, organization or person or event happening in their respective districts. Ordinances Legislative acts of the City Council are known as ordinances. Ordinances may be general or special, depending upon their effect. Those which relate to the health, safety, and welfare of the community and are intended for long-term application throughout the city are known as general ordinances. Special ordinances are those with limited application. General ordinances are codified in the South San Francisco Municipal Code. Subject to certain state law exceptions, most ordinances are introduced at one meeting and are adopted by majority vote at a subsequent meeting. An ordinance is necessary (1) when state law requires a regulation to be adopted by ordinance, (2) to amend or repeal provisions of the Municipal Code or any uncodified ordinances, and (3) to impose regulations on persons or property which impose a penalty by fine, imprisonment or forfeiture for the violation. 125 25 | Page Ordinances shall be prepared by the City Attorney. Ordinances are prepared for presentation to the Council when ordered by a majority vote of the Council, or when requested by the Mayor or the City Manager, or when prepared on the City Attorney's own initiative. Resolutions Resolutions are Council actions which become effective upon adoption and encompass the business not addressed through ordinances. They are typically used to handle routine business and administrative matters requiring some type of formal memorialization. Resolutions are used for various reasons, such as when specifically required by law, when needed as a separate evidentiary document to be transmitted to another agency, or where the frequency of future reference back to its contents warrants a separate document to facilitate reference and research. Motions The least formal of Council actions, motions, typically are used for procedural matters (such as to continue items) or for administrative matters (such as to accept reports). An adopted motion is as legally effective and binding as an adopted resolution but generally is recorded simply as an item entry in the minutes. Minute Orders A minute order is a brief notice documenting an action taken by the Council and distributed subsequent to the meeting at which the action is taken. The minute orders shall be delivered by the City Manager’s office via electronic form to all residents and posted outside of city hall. The City Manager will consult with the City Clerk and Communications director to ensure consistency and factual information and votes/motions from the meeting are recorded and publicly shared. Finality of Administrative Actions For the purpose of judicial review, all administrative actions by the City Council become final on the date taken, except where (1) state or local law provides that the action becomes final on a later date; or (2) a request for reconsideration is made in a timely fashion. VOTING Votes are taken by voice or roll call and entered in full upon the record. Votes are by roll call unless a request for a voice vote is made by any member, or the motion requires more than a majority. During the roll call, it is not in order for any member to explain a vote. Silence constitues an abstention vote. Councilmembers who are silent during voting shall have their vote recorded as abstaining. Abstention votes on a motion will not be counted. When a Councilmember recuses themselves to comply with the Political Reform Act and Fair Political Practices Commission regulations and they leave a meeting, they will be counted as absent. When a Councilmember recuses themselves for other reasons where they are not legally required to do so, their recusal will be treated as an abstention. In which case, a stated reason as to the recusal should be provided. Consistent with Rosenberg’s Rules, the present and voting rule will be used for abstentions. 126 26 | Page It is the responsibility of every Councilmember to vote unless disqualified. When someone chooses not to vote, the person in effect "consents" that a majority of the Councilmembers present may act for him or her. A Councilmember may change a vote or withdraw an abstention and vote if a timely request to do so is made immediately following the announcement of the vote and before the next item in the order of business is taken up. Except for quasi-judicial matters, at the next regular meeting after a vote, a Councilmember may request that an item be agendized at a subsequent meeting for reconsideration. • If a majority of the Council votes affirmatively to reconsider the item, it will be scheduled for a future meeting. • Any Councilmember may change their vote as part of the reconsideration. Disqualification and recusal of a vote. A Councilmember disqualified because of any financial interest or other interest proscribed by law, may not participate in the discussion or the vote. Tie Votes. Tie votes are lost motions. Tie votes may be reconsidered on motion by any member of the Council voting aye or nay during the original vote. Before a motion is made on the next item on the agenda, any member of the Council may make a motion to continue the matter with another date. Any such continuance suspends the running of any time in which action of the City Council is required by law. Any Councilmember may place on an agenda for a subsequent meeting a matter which resulted in a tie vote. When less than all Councilmembers are present and a matter under discussion remains unresolved as the result of a tie vote on all motions made on such matter, the matter is automatically continued to the next Council meeting. Voting requirements for specific actions. Certain actions require a minimum number of affirmative votes for approval. These include: 1. Approval of a general plan or specific plan amendment – 3 Affirmative Votes 2. Approval of a Resolution of Necessity – 4 Affirmative Votes 3. Approval of an ordinance or expenditure of funds – 3 Affirmative Votes 4. Approval of an urgency ordinance – 4 Affirmative Votes 5. Approval of a general tax – 4 Affirmative Votes plus Majority Voter Approval 6. Approval of a new member of council either by appointment or the call of a special election to elect a new member. – 3 Affirmative Votes BASIC PROCEDURES - MAIN MOTIONS In conjunction with the agenda for a Council meeting, business is brought before the City Council by the motion of a member. A motion may itself bring a subject to the City Council's attention or it may follow the presentation of a report or other communication. A motion is a formal proposal that the City Council take certain action. 127 27 | Page The proposed action may be of a substantive nature, or it may consist in expressing a certain view, or directing a specific investigation and report back, or the like. The basic form of motion, the form which brings business forward, is known as a "main motion". The main motion sets a pattern from which all other motions are derived. The steps by which a motion is normally processed are: (1) a member makes (or moves or offers) a motion, (2) another member seconds the motion and (3) the chair states the motion. After a main motion is made and before the question is stated by the chair, any member can informally suggest one or more modifications in the motion, which the member can accept or reject. Once stated, the motion is pending and open for discussion/debate. The chair then puts the matter to a vote and announces the result. If the Council decides to do what a motion proposes, it adopts the motion; if the decision is against what the motion proposes, the motion is rejected. Effective January 1, 2014, California Senate Bill 751 amended the Brown Act to require that all legislative bodies “publicly report” any “action taken” and the vote or abstention on that action of each member present for the action. “Action taken” is defined in the Brown Act as a collective decision made by a majority of the members of a legislative body upon a motion, proposal, resolution, order or ordinance. The Brown Act previously required legislative bodies to report certain actions taken in closed session. Now, those reporting requirements will extend to actions taken by legislative bodies in open session. REQUESTS FOR AGENDA ITEMS OR FOR ORDINANCES OR LEGAL OPINIONS To ensure all Councilmember views are represented, council agendas contain sections titled "Council Comments/ Requests" and “Items from Council – Committee Reports and Announcements”. This portion of the meeting allows any Councilmember to request an agenda item for a future meeting and allows the City Council to have a short discussion on the request (but not on the substance of the item). Any request must include an explanation of the issue and the goal of the proposed Council discussion. If there is no dissenting or opposing articulated action from a majority of the Councilmembers when the support for the request at that time is made, then the item shall be placed on a future agenda. Upon support for the request, the Councilmember may suggest and provide direction to the City Manager and staff on information that is desired to be presented and when the item is placed on a future agenda. Requests by Councilmembers to have items included on the agenda should be made to the City Manager. Any Councilmember may request the City Manager, or the City Attorney prepare a proposed ordinance. Any Councilmember may request a written legal opinion from the City Attorney directly or may make the request through the City Manager. All proposed ordinances or written legal opinions will be distributed to all members of the Council so that all Councilmembers may be fully informed of city matters. A Councilmember 128 28 | Page with a conflict of interest on a particular issue shall not be provided with a copy of the opinion or ordinance. MEETINGS The City Council holds various types of meetings. All meetings of the City Council (except closed sessions held pursuant to state law) are open to the public. Seating in Council Chambers The Mayor sits in the middle seat at all formal in-person Council meetings. The Vice Mayor is seated immediately on the right side next to the Mayor. The former Mayor, if still in office, will sit on the left of the Mayor, if not the assignment will be left at the will of the current Mayor. The other Councilmembers will join in as per the will of the current Mayor. The new Mayor shall exercise the right to assign the seats of the two Councilmembers accordingly. Regular Meetings Regular meetings are held on the second and fourth Wednesdays of each month at 6:30 p.m. in the Council Chambers of the Library | Parks and Recreation Center, 901 Civic Campus Way, South San Francisco, CA. In the event it becomes necessary to change the place of the meeting, public notice must be given by posting the change at the entrance to the regular meeting place and posted online. Whenever any regular meeting falls on a public holiday, the regular meeting is held on the following business day. The Successor Agency meets the second Wednesday of each month, in the same location, starting at 6:30 p.m. Special Meetings A special meeting may be called at any time by the presiding officer or by a majority of the Councilmembers, by providing written notice twenty-four (24) hours in advance to each member of the Council electronically or any other means that ensures receipt, and to each local newspaper of general circulation, radio, and television station requesting notice in writing. Written notice may be dispensed with for any member who at or prior to the time the meeting commences files a written waiver of notice or for any member who is actually present at the time the meeting convenes. Notice of the meeting must be posted at least twenty-four (24) hours prior to the special meeting in a location freely accessible to members of the public. Only business described in the notice may be transacted and the notice requirements apply even if the entire meeting is a closed session. Emergency Meetings An emergency meeting dealing with matters upon which prompt action is necessary due to the disruption or threatened disruption of public facilities may be held without complying with either the twenty-four (24) hour notice or posting requirements. However, the presiding officer must inform any newspaper and radio or television station who requested notice of special meetings one (1) hour prior to the emergency meeting, if possible. After the meeting, the Council must post the minutes, the people notified of the meeting, the roll call vote and any action taken. This information must be posted in a public place for ten (10) days. 129 29 | Page Adjourned Meetings The City Council may adjourn any meeting to a later time, date and place. If the subsequent meeting is conducted within five (5) days of the original meeting, matters on the agenda for the original meeting may be considered at the subsequent meeting. Less than a quorum may adjourn. A copy of the order or notice of adjournment must be visibly posted on or near the door of the place where the meeting was held within twenty-four (24) hours after the time of the adjournment. When an order of adjournment of any meeting fails to state the hour at which the adjourned meeting is to be held, the meeting is held at the usual hour specified for regular meetings. No adjournment may be for a longer period than the next regularly scheduled meeting. Continued Items When a meeting is adjourned or an item is continued to another date, generally the continued item will be placed first on that portion of the agenda at that meeting; however, where deemed necessary, the City Clerk, with the concurrence of the City Manager and Mayor, may place a continued item in a different order on the agenda. Any matter may be continued to a subsequent meeting. When a Councilmember is absent from an earlier meeting at which a matter is discussed and that matter is continued, it is the duty of that member to become acquainted with the issues discussed by reviewing relevant documents, reading any available minutes and, meeting with the City Manager to get updated and if possible, listening to, viewing the recording and reading the minutes of the meeting. Any item or hearing may be continued to any subsequent meeting in accordance with the procedures set forth for the adjournment of meetings. If a hearing is continued to a time less than twenty-four (24) hours after the time specified in the original hearing notice, a copy of the notice of continuance of the hearing must be posted immediately following the meeting at which the determination to continue the matter was made. Closed Sessions Closed sessions, sometimes called executive sessions, are duly held meetings or portions of meetings, which are not open to the public and news media. Closed sessions must be held in accordance with the provisions of the Brown Act. Matters discussed in closed session are considered confidential. The Council may vote to sanction or fine any Councilmember, the City Manager, City Attorney, department head who, without authorization, discloses the substance of any discussion which took place during a closed session. Additionally, attendance at a closed session should be limited to those actually necessary to advise or take direction from the Council. This may include the City Attorney, senior management staff, experts, negotiators, consultants, and legal staff. Third parties not serving as agents of the City cannot attend, with the exception of witnesses in the event of a closed session to hear charges or complaints under Government Code Section 54957. Study Sessions Study sessions or work sessions, if needed, are generally held in the Council Chambers and are considered special meetings pursuant to the Brown Act. The time and location for such sessions may be changed by the City Manager with appropriate notice. Study/work sessions are open to 130 30 | Page the public and are meetings for the purposes of the Brown Act, but such sessions are not intended to constitute regular meetings. Usually, at such sessions, no motions are to be offered and no formal action is to be taken. The primary purpose of such sessions is to provide background information to members of the Council. Public comments at study sessions are limited to the subject of the study session and will be received during the public comments section of the study session. No Council comments, special recognitions or committee reports shall occur at study sessions. Meeting Cancellation Any meeting of the Council may be cancelled in advance by a majority of the Council. The City Manager may cancel a meeting in the case of an emergency or when a majority of members have provided notice of their unavailability to attend a meeting. AGENDA ORDER The City Manager, with prior approval of the Mayor, is authorized to make changes to the agenda of the Council, and the City Clerk shall prepare and publish the agenda. In an effort to highlight an agenda item, or to address the growing interest of a particular agenda item, the City Council, may direct the City Manager to review and change the agenda and may take matters up out of order, any member may bring this up and a vote will be taken if there is a dissent from any of the members present. The Order of items for Regular meetings shall be as follows: 1. Call to Order 2. Roll Call 3. Pledge of Allegiance 4. Agenda Review 5. Announcements from staff 6. Presentations 7. Council Comments/Requests 8. Public Comments 9. Consent Calendar 10. Public Hearing 11. Administrative Business 12. Items from Council – Committee Reports and Announcements 13. Closed Session 14. Adjournment The Order of items for Special meetings shall be as follows: 1. Call to Order 2. Roll Call 3. Agenda Review 4. Public Comments – Comments are limited to items on the Special Meeting agenda. 5. Consent Calendar 6. Public Hearing 7. Administrative Business 8. Closed Session 9. Adjournment 131 31 | Page Call to Order and Roll Call The presiding officer takes the chair at the hour appointed for the meeting and calls the Council to order. Before proceeding with the business of the Council, at the request of the presiding officer, the City Clerk or designee calls the roll. In the absence of the Mayor and the Vice- Mayor, the City Clerk or designee calls the Council to order, whereupon a temporary presiding officer is elected by a majority of the Councilmembers present. Upon the arrival of the Mayor or the Vice-Mayor, the temporary presiding officer relinquishes the chair at the conclusion of the business then before the Council. Order of Business For a regular or special meeting, the City Council will take up its business for consideration and disposition in the order prescribed as follows; however, the City Council, may direct the City Manager to review and change the agenda and may take matters up out of order; any member may bring this up and a vote will be taken if there is a dissent from any of the members present. Items may be placed on the Consent Calendar by the City Manager when such items are expected to be routinely approved without discussion or debate. The Consent Calendar shall be voted upon as one item, provided, however, that Councilmembers may request that an individual item be removed from the Consent Calendar, in which case the item shall be considered after the vote on the remainder of the Consent Calendar. Any item pulled from the consent agenda may be up for discussion and a brief staff explanation will be provided to provide context or answer the question or reason the item was pulled/removed from the consent calendar. Members of the public will only have one opportunity to address the council on ALL items on the consent calendar; there will not be separate time allotted for each individual item on the consent calendar, if more than one item is commented by a member of the public. Appendix 2: Sample guide to conducting Council meetings. Presentations The total amount of time for all presentations shall not exceed fifteen minutes per meeting unless otherwise approved by the Council. This includes presentations from staff, community members or a group, or by a councilmember. It should be the aim that the total amount of time for all presentations shall not exceed fifteen minutes per meeting. The council may motion to vote to move presentations to future meetings or to the end of the meeting after fifteen minutes have passed. Council Discussions To assist the City Council in the development of a structure for orderly discussion of items, rules have been prepared which represent accepted practices for the management of City Council meetings. 1. Obtaining the floor. A member of the City Council or staff shall first address the Mayor to gain recognition. Comments and questions should be limited to the issue before the Council. Cross-exchange between Councilmembers and public should be avoided. 2. Questions to Staff. A Councilmember shall, after recognition by the Mayor, address questions to the Department Director or designated staff member. If a Councilmember has questions on an agenda item, that member should make every reasonable effort to 132 32 | Page express and share those questions to the City Manager and with their knowledge, contact staff prior to the meeting in order to allow staff time to research a response/answer for the meeting. If staff answers a written question from a Councilmember about an item on the agenda via written form, that response should be copied to all other Councilmembers. 3. Interruptions. Once a Councilmember has the floor, other Councilmembers may not interrupt except to make a point of order or point of personal privilege. The public may not interrupt or interfere with a councilmember’s comments. 4. Discussion Limit. A Councilmember should not speak more than once on a particular subject until every other Councilmember has had the opportunity to speak, unless that item is of high concern to the district that councilmember represents. 5. Tabling Procedure Tabling an item immediately stops discussion and causes a motion and a vote to postpone a matter indefinitely or to a time and date certain. This requires the majority vote of Councilmembers. 6. Right of protest. A Councilmember is not required to state reasons for a dissenting vote. 7. Calling for the question. The purpose of calling for the question is to disallow further debate and put an issue to an immediate vote. A Councilmember may move to “call for the question” on an item which is being considered. The motion requires a second, is not debatable, and must pass by a four-fifths vote. If the motion carries, the item is no longer debatable, and no further action or public comment may be taken, and the City Council must vote on it. Introduction of Items After 11:00 PM The City Council makes every effort to end its meetings before 11:00 p.m. The Council also will not take up new matters after 11:00 p.m. The meeting shall continue only on the matter being discussed and the remaining items on the agenda shall be carried over unless the Council votes. The Mayor may ask the City Manager to identify any time-sensitive matters needed to be addressed by the council and shall prioritize those items over any others than warranting a lengthier or more substantive discussion. The City Council will endeavor to conclude its remaining business that evening in an expeditious manner by continuing all other items of anything other than a routine nature. PUBLIC HEARINGS By their nature, all hearings (except personnel matters) are public. The Council has the prerogative of conducting a public hearing on any item on its agenda, whether or not the matter has had formal notice as a public hearing. Certain matters are formally noticed in advance as public hearings, pursuant to various provisions of state law. Unless otherwise specifically required by federal, state or local law, all public hearing dates and times are set administratively. Public hearings tend to be of two types: legislative or quasi-judicial. • Legislative hearings generally result in the adoption of policy or regulation. • Quasi-judicial hearings are those in which the Council applies existing laws (State and/or local) to a particular project or action. For example, an application for a variance or conditional use permit would involve a quasi-judicial hearing. Quasi-judicial hearings are also occasionally referred to as an adjudicatory hearing. In a quasi-judicial hearing, the Council will often make findings based on the facts presented to the Council. 133 33 | Page Formally noticed public hearings generally are conducted in the following format: a) Public Hearing opened by presiding. b) Staff presentation. c) Questions to staff by Council. d) Comments from the public. e) Public Hearing closed by presiding officer. f) Questions by Council. g) Discussion by Council. h) Action by Council. The presiding officer conducts the hearing in such a manner as to provide for freedom of speech and expression of opinion, subject to the limits of courtesy and respect of others. Comments and questions from the public are limited to the subject under consideration. Depending upon the extent of the agenda and the number of persons desiring to speak on an issue, the presiding officer may limit a speaker's time, this should also take into account number of members of the public also joining in virtually and speaking remotely. Any person speaking may be questioned by members of the City Council. In those instances where there is a specific applicant for a matter which is the subject of a public hearing, the applicant is entitled to make a presentation at the commencement of the public hearing, and also is entitled to make any concluding remarks just prior to closure of the public hearing. Councilmembers should not speak on an issue until the public hearing has been closed and public comment has been received or read. Once a hearing is closed, it is inappropriate for the public to speak except to answer an inquiry of a Councilmember, as addressed through the chair. When the Council conducts a quasi-judicial hearing, particularly when it is hearing an appeal of a decision by a Board or Commission, on a case-by-case basis the City Attorney determines if alternate hearing procedures are necessary and advises the City Council accordingly. All persons interested in the matter which is the subject of a hearing are entitled to submit written or photographic evidence relevant to the issue for consideration by the Council, in addition to or in lieu of any oral evidence. The Council determines relevancy. If the Council feels that the material is relevant but that due to its quantity or complexity there is insufficient time to fully review it, the hearing may be recessed or continued. All evidence considered by the Council in reaching its decision must be retained by the City as part of the record, as a supplement to but not as a part of, the minutes. The Council retains the discretion to accept or to reject new documentation furnished on the night of the Council meeting. Advocates of a matter before the City Council who furnish documentation on the night of the Council meeting are expected to furnish sufficient copies for the City Council, City Clerk, and City Manager. Failure to do so will cause the Council to reject consideration of such information or cause the item to be continued. 134 34 | Page If a Councilmember has met with a proponent or opponent of a matter which is the subject of a hearing, that meeting should be acknowledged during the meeting on the record prior to the opening of the hearing at the Council meeting. PUBLIC PARTICIPATION It is acknowledged that individuals may wish to address the Council under “Public Comments” for the purpose of obtaining general information or receiving responses to specific questions. State law prevents Council from responding to public comments or acting on matters not on the agenda. In general, the Mayor shall ascertain whether the Council or staff is able to provide the requested information immediately. If this is not possible because the information is not readily available, the matter may be referred to staff for a written response. Unless the matter raises issues of an extraordinary nature, it is expected that a response will be presented to the Council at its next regular meeting. If it is not possible to do so by this date, the Council will be advised as to when a response will be forthcoming. Public Comments Members of the public will be afforded the opportunity to speak on all items under the subject matter jurisdiction of the City Council that do not otherwise appear on the agenda or Consent Calendar items. Individuals speaking under “Public Comments” generally are limited to three (3) minutes. If there appears to be a large number of speakers, the Mayor may reduce individual speaking time and/or limit the total amount of time for public comments (Gov. Code sec. 54954.3.(b)(1).). Speakers may not assign unused time to other speakers. The Mayor may grant organized groups (in lieu of individual speakers) –10 minutes for a group presentation. In compliance with Assembly Bill 1787 (“AB 1787”), which requires local agencies to provide at least twice the allotted time for public comment to speakers who require translation services. When a member of the public is addressing the Council or one of its Committees, and when time limits have been placed on public comments, the Mayor or Vice-Mayor, shall allow persons requesting interpretation assistance, by another individual, to testify for twice the amount of the time limit, thereby providing uniform time for the speaker’s testimony, as well as the time necessary for the interpretation of the testimony for the benefit of the Council and the public. In instances where there is a technical or audio issue, the clock will be reset to allow for total time without interruption. The public should not ask direct questions to city staff, City Manager, City Attorney or other non-elected or appointed members of the council but should address their comment to the City Council only. Staff may be provided the opportunity to present a summary of each staff report and will be available to answer questions of Councilmembers and not questions from a member of the public or group of persons. During special or study session meetings, the public may address the City Council only on matters listed for discussion on the agenda. 135 35 | Page Due to the number of items on the agenda and the length of City Council meetings, and to ensure equal treatment of all speakers, the following time limits have been set: The Mayor has the authority to modify the time limits set forth above based on the size of the agenda and the number of speakers. Agenda Section Time Limits Public Communication – Public Comments A maximum of 3 minutes for each person whether an individual or group spokesperson. Total time of 30 min. Total time allocated at the beginning of the meeting – 30 minutes Additional time for public comment may be allocated at the end of the meeting, at the discretion of the Mayor Time may be modified by the Mayor in some circumstances Public Hearing – Order of Presentations Time Limits Staff presentation As needed Appellants (when not applicants) 15 minutes Applicants 15 minutes Organized presentations (group spokesperson) 10 minutes Individual speakers 3 minutes Rebuttal by applicant 5 minutes Rebuttal by appellant 5 minutes A final warning by the Mayor will be issued when the decided public comment time limit has been reached. The public commenter will have ten seconds to wrap up their testimony. To be fair, public comments that go beyond ten seconds past the decided time limit will be cut off by the City Clerk or designee. All members who are cut off will be informed that they are able to submit the remainder of their public comment through email to the City Council via the City Clerk. For virtual meetings, if remote public comments are allowed, members of the public will have the ability to participate remotely and give public comments through Zoom or another two-way teleconference platform. For meetings at which public comment may be provided via Zoom or another two-way teleconference platform, the City Clerk, or designee, will first call on the members of the public at the in-person meeting location. Following the conclusion of those comments, members of the public participating remotely who have expressed interest in providing public comment by raising a “virtual hand”, will be allowed to speak. Members of the public who provide comments virtually shall be given the same amount of time as members of the public who attend a meeting in-person. Members of the public are not required to identify themselves but as a courtesy to the council, could if they wanted to identify themselves and their place of residence. 136 36 | Page Speaker Cards and Other Protocol If a member of the public wishes to address the City Council and they are attending the meeting in person, they will be asked to complete a digital speaker card for the record, which includes the speaker's name, address and other contact information, and the number of the agenda item. The completion of a public comment card is not necessary to address the City Council but will aid the City Clerk in maintaining an accurate record. The digital speaker card will be made available via an electronic kiosk at the meeting location. Those attending the meeting virtually will not be required to fill out a speaker’s card but will make every effort to signal their interest in speaking or providing comment by raising their “virtual hand”. To ensure accuracy of the record, members of the public addressing City Council should speak in an audible tone of voice into the microphone. For those members of the public addressing the council virtually, they should be aware of when the clerk of its designee unmutes them and allows them to start their comments. All remarks should be addressed to the Council as a body and not to any individual member. Time limits may be imposed upon speakers. No person, other than the Councilmembers and the person having the floor, should be permitted to enter into any discussion, either directly or through a member of the Council, without the permission of the presiding officer. No question is to be asked of a Councilmember or any city staff member or consultant. After a motion is made by the Council, no person shall address the Council without first securing the permission of a majority of the Councilmembers present to do so. Addressing the Council during Council Deliberations Council deliberations are defined as the time when the City Council has heard staff or consultant presentation, has allowed time for public comment and has then proceeded to discuss and deliberate the item amongst themselves prior to a motion or vote. No person may address the City Council following the time for public testimony and during City Council deliberations, this includes during or after a presentation, unless a majority of the City Council agrees or in answer to a specific question directed to the individual by a member of the City Council. Failure to Speak Any failure of a member of the public to request to speak on an item, or any failure by the City Council to afford an opportunity to speak on an item, shall not affect the City Council's right to act on that item or the validity of any action subsequently taken by the City Council. Councilmember Participation Every Councilmember desiring to speak addresses the chair, and upon recognition by the presiding officer, may speak on the matter before the Council. A member, once recognized, shall not be interrupted when speaking unless it is to call the person to order. If a member, while speaking, is called to order, the member shall cease speaking until the question of order has been determined, and, if in order, the member shall be permitted to proceed. Questions of staff should be directed through the chair. 137 37 | Page Decorum The City of South San Francisco strongly denounces hate speech and does not tolerate disruptive behavior in meetings. The City of South San Francisco prides itself on the rich diversity of its residents. The City Council is committed to creating a culture of belonging where members of the community feel included, safe and respected. Members of the public are asked to refrain from making disrespectful and hateful comments. While the Council is in session, the Councilmembers must preserve order and decorum, and no Councilmember should, by conversation or otherwise, delay or interrupt the proceedings or the peace of the Council nor disturb any Councilmember while speaking or refuse to obey the orders of the Council or other presiding officer. Unless that Councilmember is calling a point of order on the speaking councilmember. To assist the City Council in working with a wide variety of backgrounds, personalities, opinion, values, and goals, additional protocols are outlined below: 1. Use Formal Titles. Councilmembers should refer to one another formally during public meetings as “Mayor,” “Vice Mayor,” or “Councilmember,” followed by the individual’s last name. 2. Technology. All Brown Act rules should be followed regarding technology devices. However, it is understood that during hybrid meetings Councilmembers may utilize their devices to aid them in the meeting. 3. Practice civility, respect and decorum in discussions and debates. 4. Honor the role of the Mayor in maintaining order. 5. Do not demean, embarrass or speak down to city staff or senior management members. The United States Constitution and California Constitution protect individuals’ rights to free speech and expression. Accordingly, the city can only remove an individual if they are disrupting a meeting. Courts have struck down rules of decorum that allow for removal of a speaker for personal attacks, slanderous speech, or insolent behavior when such conduct did not actually disturb the meeting. Courts hold that a “disruption” means something more than a bare violation of a rule of decorum. For example, an expressive sign or the use of profanity, by themselves, do not warrant removal from a meeting. The conduct must cause the meeting to be disrupted or impede the city from conducting its business. Courts often measure whether something is a disruption by its effect on the audience, and not by its effect on members of the legislative body. Warnings. The Mayor shall ask that any person violating the rules of decorum be orderly and silent. The warning shall be in substantially the form described below. If, after receiving a clear verbal warning from the Mayor, the person persists in disturbing the meeting, the Mayor may order a brief recess of the City Council to regain order. If the person persists in disturbing the meeting, despite having been previously warned, the Mayor may order them to leave the City Council meeting. If the person does not depart the City Council Chamber on their own volition, the Mayor may order any law enforcement officer who is on duty at the meeting as Sergeant-at- Arms of the City Council to escort that person from the City Council Chamber. 138 38 | Page If a member of the public causing a disturbance is attending virtually, the City Clerk or designee will remove the individual from the virtual meeting and/or mute them. The Mayor shall deliver the requisite warning in substantially the following form. If the member is attending virtually this will also be provided in written form via virtual mode for the individual to read clearly. It will state as follows: You are hereby advised that your conduct is in violation of the Rules of Order and Decorum of the City Council and California Penal Code Section 403, and you are directed to be orderly and silent. Penal Code Section 403 states that any person who, without authority of law, willfully disturbs or breaks up a lawfully convened meeting of the City Council is guilty of a misdemeanor. Continued disruption of this City Council meeting will result in your removal from the meeting by the Sergeant-at-Arms and you will not be permitted to return to the City Council Chamber for the duration of the meeting. In addition, any continued disruption of this meeting is grounds for your being arrested and charged with a misdemeanor. Do you understand this admonition? Misdemeanor. Any person who willfully disturbs or breaks up a City Council meeting may be arrested and charged with a misdemeanor, pursuant to California Penal Code Section 403. For members of the public, city staff or others attending a meeting in person: Cellular telephones or any other telecommunications or two-way communication device should be in silent mode or turned off during the entirety of the City Council meeting. Literature distribution or petition circulation is not permitted in the Council Chambers when the Council is in session or during council meeting recess. When such activity is conducted in a place where it is legally allowed, it may not be done in a manner that blocks Councilmembers, the public or city staff or city employees from accessing a Council meeting. The Chief of Police or the representative of the Chief of Police is the ex officio sergeant-at-arms of the Council. The ex officio sergeant-at-arms shall carry out all orders and instructions given by the presiding officer for the purpose of maintaining order and decorum in the Council Chamber. Upon instructions from the presiding officer, it shall be the duty of the sergeant-at- arms to eject any person from an in-person meeting. The Chief of police or the representative of the Chie of police has the additional right to place the person under arrest or both. As set forth in Government Code Section 54957.9, in the event any meeting is willfully interrupted by a group of persons so as to render the orderly conduct of the meeting unfeasible, and order cannot be restored by the removal of individuals who are willfully interrupting the meeting, the presiding officer may order the meeting room cleared in-person and virtually and continue in session. 139 39 | Page Smoking Prohibited It is unlawful for any person to smoke in any room in which a Council meeting open to the public is being held. This includes areas where there will be closed session or utilized during council meeting recess. MEETINGS – VIDEO STREAMED AND BROADCAST All Regular City Council meetings held in the City Council Chamber or via virtual platforms are broadcast live and rebroadcast on the City’s government access channel, web-streamed on the City’s web site, and digitally archived. The recordings of the City Council meetings are not the official record of those meetings. The minutes are the only official record. MINUTES The City Clerk shall ensure the preparation of the minutes of each City Council meeting, and these minutes will comprise the official record of the actions of the City Council. City Council minutes are action minutes, wherein little narrative is included, for televised meetings. Non- televised meetings may contain additional information. Councilmembers may request revisions to the minutes subject to a majority vote of the City Council. Councilmembers having only typographical corrections to minutes are encouraged to provide such corrections to the City Clerk directly and need not wait to submit such corrections at a meeting. To make amendments to the minutes of a City Council meeting, a Councilmember should notify the City Clerk in writing of the proposed changes in advance of the meeting. In doing so, this will allow the City Clerk to prepare an amended set of minutes for distribution either prior to or during the City Council meeting. Once the minutes are approved by the City Council, the Mayor and City Clerk will sign the minutes verifying their accuracy. The City Clerk will maintain the minute archives. BOARDS AND COMMISSIONS Boards and Commissions (except the Housing Authority, Design Review Board, and Measure W Citizens’ Oversight Committee) are established by ordinance and set forth in the Municipal Code. The purpose of Boards and Commissions is to provide advice to the City Council to aid in its decision making and to handle matters within its area of expertise. Boards and Commissions should submit their recommendations to the Council in writing. Once the Council has reached a decision after due consideration of a matter, it is inappropriate for a Board or Commission or its members to criticize verbally or written or via social media the council or attempt to change a decision made by Council. Appendix 7: Staff Liaisons to Boards and Commissions. No member of any Board or Commission may be a member of any other Board or Commission or hold any paid position with the City or be an elected or appointed official of another governing body in public service. In order to be eligible for an appointment to any Board or Commission, a person must be a resident of the City, and in some instances a resident of the specific council district representing, unless otherwise provided by law. 140 40 | Page The members of each Board or Commission (except the Design Review Board) are appointed by the Council in accordance with governing law. The number of members, length of terms, time of appointment, and method of appointment differ. Members are subject to removal by a vote of three Councilmembers. Board and Commission members are appointed to serve for one term at a time. Terms continue until a successor is appointed and qualified. Except when appointed as a Commissioner Emeritus by the Council, no Board or Commission member may serve more than the authorized number of terms on any one Board or Commission as set forth in the Municipal Code. Appendix 8: Board and Commission Roster. Boards and Commissions are authorized to appoint advisory committees to assist them in performing their duties. A member of the Board or Commission shall be designated as chairperson of these advisory committees upon approval of the appointing Board or Commission. The advisory committees shall be assigned functions consistent with the duties of the appointing Board or Commission and shall report to at the times and in the manner which the appointing Board or Commission may require. All Board and Commission members except members of the Housing Authority Tenant Commission, Measure W Citizens’ Oversight Committee, Emeritus Members, Ex Officio Members, and Council representatives to the Conference Center Authority are compensated at a rate of $100.00 per regular meeting. From time to time the Council may establish non-compensated citizen committees or task forces of limited duration to focus on specific topics. Procedure for Making Appointments and Reappointments to Boards and Commissions The appointment or removal of any board or commission (“advisory body”) member who is required by ordinance to be appointed by the City Council shall require the affirmative vote of a majority of the Council. Advisory body members serve staggered terms. Administrative Support Administrative support will be provided to the board, commission, and committees by a City staff member. The City Clerk’s Office will manage the recruitment and application process. The City Clerk’s office will notify all members at least 30 days prior to their term expiration and those members eligible to continue serving shall express their interest to continue serving to the City Clerk. Appointments are for a single term. At the conclusion of this term, after consideration of the member's record (including attendance), an individual may be reappointed for a second term. The City Clerk will share the results with the Council via Thursday memo and the Mayor will provide direction on the reappointment process of members. The default is that currently serving advisory body members will be interviewed for reappointment. However, if it is determined that an advisory body member’s performance is outstanding, or that other factors necessitate keeping them in their role, then an automatic reappointment can occur with a majority vote or majority consensus of the City Council agendized item (Consent Calendar) at a regularly scheduled City 141 41 | Page Council meeting. If an advisory body member is not reappointed without interview, then the potential appointment will be advertised and recruited for interviews. After reappointments are complete, the City Clerk will recruit for open seats utilizing multiple avenues including advertising, city newsletter, Mayor’s weekly email, website, social media, and networking lists to present qualified candidates to the Council for consideration. In the event that a current advisory body member resigns, an official letter of resignation stating the date of final service should be submitted to the City Clerk’s office and shared with the City Council. When a vacancy occurs leaving an unexpired portion of the term, any appointment is for the unexpired portion of the term. The interest of the city is best served by actual and regular participation by Board and Commission members. An advisory body member may continue to serve past their expiration term until reappointed or the recruitment process is completed. Any person desiring to be considered for an appointment to any City Board or Commission should submit an online application. Applicants shall be encouraged to submit a resume and cover letter. Paper applications must be typed (handwritten applications will not be accepted) and may be submitted on an on-going basis. For applications submitted after a deadline has passed, the City Clerk shall acknowledge that the application is past the filing deadline and that it will not be considered in the upcoming recruiting cycle. Applications are considered current for one year from the date received. It is the responsibility of the applicant to be aware of the date of submittal and track its date of expiration of the application. All interviews will be held in person unless indicated by an emergency declaration. No hybrid interviews will be considered unless under special circumstances. Any applicant who fails to attend their interview will be disqualified and their application will be removed from consideration from the date of the interview and for a year. There will be no excused absences for interviews or rescheduled interviews for applicants who failed to attend their interview. Appendix 9: Commissions, Boards, and Committees Application Process. Any appointees must comply with appropriate provisions of law regarding disclosure of financial interests, if applicable. The City Council will not appoint any person to a Board or Commission who would have continually recurring conflicts of interest requiring abstentions, or an excessively high percentage of such situations. Advisory body members may be removed by a majority vote of the City Council following three excused or two unexcused absences during a twelve-month period. An absence is considered excused when an advisory body member notifies the staff liaison of the intended absence at least twenty-four (24) hours prior to the scheduled meeting time. All other absences are considered unexcused. Thus, upon the second excused absence or first unexcused absence from a regular meeting within a twelve-month period, the staff liaison shall notify the Board or Commission members by email 142 42 | Page and via email regarding the absentee policy. The staff liaison should remind the Board or Commission members that with one more absence, the City Council will be informed of the members’ absences for further discussion and possible removal. If the City Council determines that the absences occurred for legitimate reasons, the City Council may excuse one or both of the absences. Upon the third excused absence or second unexcused absence, the staff liaison shall inform the City Clerk and the City Manager’s Office. The City Manager’s office shall draft a letter from the Mayor to the Board or Commission members regarding the absentee policy and request an explanation before the Mayor brings the matter to the Council. The Mayor shall provide a report to the council on a quarterly basis via a report created by the City Clerk’s office of any current appointments that require action or attention due to unexcused absences. Members are also encouraged to give advance notice of their absence from a meeting to the staff liaison as well as the City Clerk’s office with a brief explanation for the absence. This absentee policy as expressed in the Council Handbook shall be as provided on the Board and Commission form and provided in the congratulatory letter welcoming new Board and Commission members. The preceding procedures shall not apply to non-voting Emeritus Members of appointed Boards and Commissions or to city liaison committees with other governing bodies. Any member of an appointive Board or Commission may also be removed by simple majority vote of the City Council. Government Code Section 54974 provides that whenever an unscheduled vacancy occurs, a special vacancy notice shall be posted within twenty days (20) after the vacancy occurs and that final appointment to fill such vacancy shall not be made for at least ten (10) working days after such posting. The special vacancy notice must be posted in the City Clerk’s Office and the City’s Internet website or at a designated public library. The interview and selection of candidates is an open process. The City Council reviews the applications and votes to select the most qualified applicants to interview. Following the interviews, the City Council ballots and appoints the applicant(s) receiving the highest number of votes. Pursuant to Government Code Section 54972, on or before December 31st of every year the City Clerk shall prepare the Local Appointment List of all Board and Commission members that details when all appointive terms will expire during the next calendar year, the name of the incumbent appointee, the date of appointment, the date the term expires, and the necessary qualifications for the position, as well as a list of all members who serve at the pleasure of the City Council and the necessary qualifications for each position. In compliance with the Maddy Act, Government Code Section 54973, a copy of the Local Appointments List shall be posted on the City’s Internet website or designate the public library with the largest service population within the City to receive a copy of the list. STAFF ASSISTANCE 143 43 | Page The governance of a City relies on the cooperative efforts of elected officials, who set policy, and City Staff, which analyze problems and issues, make recommendations, and implement and administer the Council’s policies. Therefore, every effort should be made to be cooperative and show mutual respect for the contributions made by each individual for the good of the community. In order to effectively discharge the responsibilities of elected office, Councilmembers are entitled to receive assistance from city employees. It is the role of Councilmembers to pass on concerns and complaints on behalf of their constituents. It is not, however, appropriate to pressure staff to solve a problem in a particular way. It is also recognized that under the Council/Manager form of government, the City Manager has the responsibility of day-to-day affairs of the City, consistent with established Council policy. Requests and questions of City staff should be directed to the City Manager or designee. The City Manager should be copied on any request to Department Heads or other city employees. Councilmembers should not set up meetings with department staff directly but work through the City Manager’s Office. Routine, easily retrievable information will be provided to a requesting Councilmember as expeditiously as possible. Councilmembers are not permitted to direct the activities of city staff. Avoid any staff interactions that may be construed as trying to shape staff recommendations. Councilmembers shall refrain from coercing staff into making recommendations to the Council as a whole. All critical comments about staff performance should only be made to the City Manager through private correspondence or conversation. They should not be shared publicly or to department heads. Councilmembers serving on intergovernmental bodies receive the assistance of staff assigned by the City Manager. The primary responsibility of assigned staff is to review issues before the intergovernmental body as they may affect the City, update the councilmember on past or current action items or legislation pertaining to that body, support the councilmember with correspondence to that body, scheduling with those meetings and at times attend the meeting with the councilmember, as deemed appropriate by the City Manager and advise and assist the Councilmember in presenting issues. Requests for assistance with speech and correspondence preparation should be made to the City Manager. Administrative assistance is made available for the preparation of written materials. Each member of the Council is given equal consideration. However, since it is the Mayor's responsibility to correspond with persons and organizations on behalf of the City, the correspondence work of the Mayor is given priority. Correspondence to political organizations or persons in support of pursuit of political office is not to be prepared using city resources. City Councilmembers may alert staff through the City Manager, or while copying the City Manager, of any requested amendments or suggestions to agenda items, so that staff may have adequate time to prepare such amendments ahead of council meetings. 144 44 | Page COUNCIL MAIL Except when mail is marked “confidential”, the City Manager or its immediate designee is authorized to receive and open all regular post office mail addressed to Councilmembers, and to give it immediate attention. Mail specifically sealed and marked “personal” or “confidential” will be transmitted to the Councilmembers unopened. Administrative business referred to in mail opened by the City Manager or designee and not requiring Council action is promptly attended to and Councilmembers are informed of both the issue and its disposition. Any communication relating to a matter coming or pending before the Council will be included in the agenda packet for the meeting at which the item is to be considered. Each Councilmember including the Mayor and vice Mayor shall exercise the best use of city letterhead in all correspondence. Councilmembers are allowed to correspond to constituents directly via mail using city letterhead and or other elected officials as long as they don’t officially state an opinion on behalf of the city or entire City Council in the correspondence. CONFLICT OF INTEREST The City is required to adopt a Conflict-of-Interest Code, which is reviewed every two (2) years and amended when circumstances change. (Government Code Sections 87300-87313), Councilmembers are prohibited by law (1) from having a financial interest in contracts made by them in their official capacity or by the Council (Government Code Section 1090 et seq.) and (2) from making, participating in making, or in any way attempting to use their official positions to influence a governmental decision in which they know or have reason to know they have a financial interest. (Political Reform Act, Government Code Section 87100 et seq.) Contracts entered in violation of conflict-of-interest provisions are void, and financial penalties are imposed for the failure to disclose. Whenever the Council is about to commence consideration of a matter and a member has or has reason to believe he or she has a conflict of interest, the reason must be disclosed on the record, a statement of intent to abstain must be made, and the Councilmember must step down from the dais. A member may remain on the dais for consent items, as long as they are voted on with other consent items and not taken individually. Once a year, and within thirty (30) days of assuming office, Councilmembers must file disclosure statements indicating potential conflicts of interest for both the Councilmember and the Councilmember’s spouse and dependent children. Levine Act Report (SB 1439) The purpose of the Levine Act is to prevent public officials who are members of local government agencies, including the City Council, from being influenced by campaign contributions from individuals and parties appearing before them. This summary of the Levine Act does not constitute legal advice. The principal requirements are listed below: • While a license, permit, or other entitlement for use from the City is pending, and for 12 months after a final decision is made on the matter, a Councilmember may not solicit, 145 45 | Page accept, or direct a contribution of more than $250 from a party, a participant with a financial interest, or their respective agents. • A Councilmember may not make, participate in making, or in any way use their official position to influence a decision regarding a license, permit, or other entitlement if they have received a contribution of more than $250 from a party, a participant, or their respective agents within the previous 12 months unless they have returned the contribution. • A party to a proceeding involving a license, permit, or other entitlement for use pending before the City in the proceeding must disclose any contribution of more than • $250 made to a Councilmember within the previous 12 months was made by them or their agents. Additional information regarding the Levine Act and associated regulations, can be found below: • FPPC – 2023 Changes to Section 84308 • Government Code Section 84308 Councilmembers unsure about potential conflicts are encouraged to discuss such issues with the City Attorney in advance of the Council meeting for which the item is scheduled. While the City Attorney will advise Councilmembers on conflict-of-interest issues, only the Fair Political Practices Commission (FPPC), by written letter, can confer immunity from subsequent enforcement action. The FPPC has sole jurisdiction to administer, interpret, and enforce the Political Reform Act statue and the newly adopted regulations implementing the amended statutory language. Behested Payment Reporting – FPPC Form 803 A behested payment is when a state or local elected official or a member of California’s Public Utilities Commission solicits a donation to an organization, such as a 501(c)(3), that is used for legislative, governmental or charitable purposes. These types of payments are not considered campaign contributions or gifts, but are payments made at the "behest" of elected officials to be used for legislative, governmental or charitable purposes. While state law limits the amount of campaign contributions and gifts, there are no limits on behested payments. State law requires the reporting of behested payments if they total $5,000 or more per calendar year from a single source. There are no reporting requirements for payments up to $4,999.99. Officials must report the behested payments within 30 days of the date they are made by filing FPPC Form 803 (Behested Payment Report) with the City Clerk's Office. Donations to the City – FPPC Form 801 The conflict-of-interest laws generally apply when a gift in the form of a donation is made to a particular Councilmember. However, where such a donation is made to the public agency rather than to the public official, it does not qualify as a gift under the conflict-of-interest laws pursuant to California Code of regulation Section 18944. Thus, under the limited circumstances of a gift to the public agency and provided that such gift is made consistent with the provisions of Section 18944, the gift does not create a conflict of interest should the donor of the gift be an individual 146 46 | Page or business that may at some point in the future have an item before the City Council for consideration. Officials must report the p ayment within 30 days of the date made by filing FPPC Form 801 (Payment to Agency Report) with the City Clerk's Office. Appendix 6: Solicitation of Donations. POLICY ON EXPRESSIONS OF CITY OR COUNCIL POSITIONS Be cautious in representing City Positions on Issues. Individual City Councilmembers are not authorized to speak on behalf of the City or the Council with regard to City or Council policy or positions, except when such policy or position has been clearly established or when the Councilmember has been designated as a spokesperson on a given subject. Periodically the City Council is requested to formally support or oppose state or federal legislation. In considering whether or not to take such action, it is Council policy to determine first if the legislation involves matters pertaining directly to the City of South San Francisco or its residents as a whole. It should do this in conjunction and working with the City Manager and considering the city’s hired consultants specializing in public policy/affairs in legislative matters at the state or federal level. The Council may also weigh the position of the League of California Cities in such policy considerations. If the subject matter does not relate directly to city business or to local citizens, then the Council declines to take a position. If the legislation could be expected to affect the city or its citizens, then the Council may elect to take a position. Every Councilmember will be allowed to send letters of support or opposition with their individual name signed on it, and without any other councilmember’s name on it unless consent is given. It will be clearly stated in the letter that the statement is a reflection of a singular councilmembers’ words, and not the official position of the city or the entire City Council. For legislative matters that are voted on during council meetings, letterhead and signatures of the Mayor, Vice Mayor, and three Councilmembers will all be included in the letter. Legislative letters of support or opposition passed in this manner will be the official position of the city or City Council and the letter will state it as such that its contents was voted on by a majority or unanimously by the Councilmembers. POLICY ON COMMUNITY FUNDING In making grants available to community organizations, the City Council adheres to the following policy: 1. Grant awards are made only for purposes which are legal. 2. Grant funds are to primarily benefit South San Francisco residents/taxpayers. 3. One-time grants for capital items, or seed money, for new or expanded services are preferred to continuing grants for operations or unrestricted funding. 4. Recipients are asked to provide financial and performance accountability. 5. Requests for funds must be received in a timely fashion. The application period commences on the first Monday in January and closes on the last Friday in January of each year. Applications received beyond established deadline dates will not be considered. 147 47 | Page 6. Preference will be given to requests which are of a matching nature. 7. Other sources of available funds should have been diligently sought or are generally unavailable in the amounts needed. POLICY ON DEDICATION OF PUBLIC FACILITIES Dedication of the new public facility shall occur only after the building is completed and ready occupancy. Dedications should recognize the efforts of prior City Councils in designing and facilitating construction of the public facility. A majority vote from the City Council will be required for all building dedications. All new dedications of naming of individuals or buildings should also be reviewed by the City Council naming committee. 5491875.1 148 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:23-946 Agenda Date:11/8/2023 Version:1 Item #:7. Report regarding a resolution authorizing the acceptance of $9,465.62 in grant funding from the Department of Justice for soft armor vests for the South San Francisco Police Department and approving Budget Amendment 24.017.(Ken Chetcuti, Police Lieutenant) RECOMMENDATION It is recommended that the City Council adopt a resolution authorizing the acceptance of $9,465.62 in grant funding from the Department of Justice for soft armor vests for the South San Francisco Police Department and approving Budget Amendment 24.017. BACKGROUND/DISCUSSION The Police Department provides soft armor vests to all officers to improve safety.Armored vests reduce the risks and hazards associated with police work. The vests are on a five-year replacement cycle. In May 2023,Staff applied for a grant through the Department of Justice Bulletproof Vest Partnership for soft armor vests in the amount of $18,931.24.The program requires that each applicant jurisdiction be responsible for providing at least 50%of the cost of each qualifying vest purchased.The Police Department was awarded $9,465.62 in September 2023.The award will be used to reimburse the City the cost of soft armor vests purchased from April 2023 continuing through August 2025. FISCAL IMPACT Budget Amendment 24.017 accepts $9,465.62 in grant funding for the purpose of soft amor vests.The funding source is the Department of Justice Bulletproof Vest Partnership. RELATIONSHIP TO STRATEGIC PLAN Acceptance of this meets the Strategic Goals #3:Public Safety by rendering skilled police,fire and emergency service management. CONCLUSION Adoption of this resolution will allow the City to accept $9,465.62 from the Department of Justice Bulletproof Vest Partnership and amend the Police Department’s operating budget for Fiscal Year 2023-2024 by approving Budget Amendment 24.017. City of South San Francisco Printed on 11/3/2023Page 1 of 1 powered by Legistar™149 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:23-947 Agenda Date:11/8/2023 Version:1 Item #:7a. Resolution authorizing the acceptance of $9,465.62 in grant funding from the Department of Justice for soft armor vests for the South San Francisco Police Department and approving Budget Amendment 24.017. WHEREAS,the Police Department applied for a grant through the Department of Justice Bulletproof Vest Partnership for soft armor vests for $18,931.24; and WHEREAS,the Department of Justice Bulletproof Vest Partnership has awarded the City $9,465.62 in grant funding for soft armor vests for the Police Department; and WHEREAS,the grant funds will be used to augment the operating budget of the Police Department for Fiscal Year (FY) 2023-2024. NOW,THEREFORE,BE IT RESOLVED that the City Council of the City of South San Francisco does hereby accept $9,465.62 in grant funding from the Department of Justice Bulletproof Vest Partnership. BE IT FURTHER RESOLVED,that the City Council does hereby approve Budget Amendment 24.017 to amend the Police Department’s FY 2023-2024 Operating Budget in order to reflect an increase of $9,465.62. BE IT FURTHER RESOLVED,that the City Manager is hereby authorized to execute a grant agreement and any other necessary documents on behalf of the City to carry out the intent of this resolution,subject to approval as to form by the City Attorney. ***** City of South San Francisco Printed on 11/3/2023Page 1 of 1 powered by Legistar™150 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:23-759 Agenda Date:11/8/2023 Version:1 Item #:8. Report regarding a resolution approving Program Guidelines for a new Small Business Post-Pandemic Recovery Grant Program for businesses in South San Francisco.(Ernesto Lucero,Economic Development Manager) RECOMMENDATION Staff recommends City Council adopt a resolution approving Program Guidelines for a new Small Business Post-Pandemic Recovery Grant Program for businesses in South San Francisco. BACKGROUND On June 28,2023,City Council approved Resolution 113-2023 which accepted a $100,000 American Rescue Act Plan (“ARPA”)grant from San Mateo County towards a new Small Business Post-Pandemic Recovery Grant Program for eligible businesses in South San Francisco that continue to experience economic challenges from the COVID-19 pandemic.The resolution appropriated the grant funds with Budget Amendment No. 24.002 to be used during Fiscal Year 2023-24 and authorized the City Manager to carry out any administrative functions to implement the program. On July 11,2023,San Mateo Board of Supervisors approved grant agreements with participating jurisdictions in the pilot program,which included the cities of San Bruno,San Mateo,and South San Francisco.On August 24,2023,the grant agreement between County of San Mateo and City of South San Francisco was amended administratively.This allowed additional time to approve Program Guidelines and complete the administration of the program by June 30, 2024. DISCUSSION As previously discussed,many small businesses in South San Francisco continue to experience financial hardship from the COVID-19 pandemic.Through a partnership with San Mateo County,the pilot Small Business Post-Pandemic Recovery Grant Program (“Program”)is designed to mitigate financial hardship and to help prepare COVID-impacted small retail and restaurant businesses to meet post-pandemic customer expectations through technical assistance trainings,consultations,and a grant program operated by the City of South San Francisco.Grant recipients may use their grants to pay for past due rent,payroll,utilities,small equipment purchases to sustain operations, or other working capital expenses. The grant program consists of $5,000 grants for eligible small businesses in South San Francisco. The total in the Program is $100,000, and 20 eligible businesses will be selected through an application process. A lottery may be required if needed, depending on the demand for the Program. Eligibility Requirements and Grant Components The Program is designed to support some of the most vulnerable small businesses that experienced financial hardship since the beginning of the pandemic. The eligibility criteria are based on the success of prior grants provided in South San Francsico and San Mateo County, as well as those defined under the American Rescue Plan Act. Below defines which small businesses are eligible to submit an application for the Program: City of South San Francisco Printed on 11/3/2023Page 1 of 3 powered by Legistar™151 File #:23-759 Agenda Date:11/8/2023 Version:1 Item #:8. 1.Applicant must be a small business, defined as currently employing five (5) full-time equivalent (FTE) employees or less, or employing three (3) employees who earn less than 65% of Area Median Income (AMI) in San Mateo County. To be considered 65% of AMI in San Mateo County, or “low income” specific to this Program, an employee must demonstrate that they earn less than $79,652 for a household of one. 2.Business must be independently owned and operated and not dominant in its field on a national basis. 3.Business must currently be in operation and have operated at least since March 16, 2020. 4.Business must have a current business license with the City of South San Francisco. 5.Business must have suffered financial hardship as a result of the COVID-19 pandemic. 6.Grantees will be required to attend a minimum of two hours of small business support training. 7.Smoke shops, alcohol shops, and home-based businesses are not eligible for this Program. 8.A business is only eligible to submit one (1) application. 9.Businesses that already received a forgivable loan from the City Small Business Relief Fund (2020- 2022), or San Mateo County Strong may still apply, but will not be prioritized. Childcare facilities are exempt from this requirement. 10.Applicants will be required to provide documentation through the application portal to substantiate the required eligibility criteria. 11.A lottery may be conducted based on the level of demand. As the Program is connected to small business technical assistance and training, grantees will be required to attend a minimum of two hours of training, offered at the Economic Advancement Center (“EAC”) or online. The EAC offers a variety of programs and classes offered by Renaissance Entrepreneurship Center (“Renaissance”), and Good City Company has also partnered on the Program to offer live and recorded webinars on small business support assistance, in conjunction with similar grant programs that are opening in the cities of San Bruno and San Mateo. Upon approval by City Council, Renaissance will begin providing outreach to the community through its existing networks and social media channels, and has a client base already connected to the EAC. Outreach will be in Spanish and English and will be specific to small businesses in South San Francisco. An online application portal will open on Tuesday, January 2, 2024 and close on Friday, January 26, 2024. The online portal will be posted at www.ssf.net/eac <http://www.ssf.net/eac>. Interested applicants can also walk into the Economic Advancement Center, located at 366 Grand Avenue, or call (650) 829-4652 for assistance. With the adoption of the resolution,City staff and its partners will begin rolling out the Program over the holiday season,and issue grants to 20 small businesses in March 2024.It is anticipated that there will be high demand for the Program,as experienced with prior grant programs.If needed,a lottery will be conducted to ensure an equitable process.However,any small business can still receive technical training assistance through resources at the EAC, at no cost to the business. FISCAL IMPACT While there will be no new impact to the General Fund associated with accepting this grant,there will be staff time spent designing the grant program,documenting the program guidelines,administering the grant,and reporting to the County on program performance. City of South San Francisco Printed on 11/3/2023Page 2 of 3 powered by Legistar™152 File #:23-759 Agenda Date:11/8/2023 Version:1 Item #:8. RELATIONSHIP TO THE STATEGIC PLAN This report meets the City’s strategic planning goal #5, Economic Vitality. CONCLUSION Staff recommends City Council adopt a resolution approving Program Guidelines for a new Small Business Post-Pandemic Recovery Grant Program for businesses in South San Francisco that continue to experience economic challenges from the COVID-19 pandemic. City of South San Francisco Printed on 11/3/2023Page 3 of 3 powered by Legistar™153 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:23-968 Agenda Date:11/8/2023 Version:1 Item #:8a. Resolution approving Program Guidelines for a new Small Business Post-Pandemic Recovery Grant Program for businesses in South San Francisco. WHEREAS,since its emergence in early 2020,the COVID-19 pandemic has negatively impacted public health and the economy on a global scale, in the country and throughout San Mateo County; and WHEREAS,the City of South San Francisco (“City”)and County of San Mateo (“County”)have taken extensive steps to prevent and address the spread of the pandemic and to respond to the public health emergency and its negative economic impacts; and WHEREAS,the County has received State and Local Fiscal Recovery Funds under the federal American Rescue Plan Act (“ARPA Funds”)which can be used among other applications to respond to the public health emergency and its negative economic impacts; and WHEREAS,small businesses in the County have been impacted by the pandemic and its negative economic consequences,including through decreased revenue or gross receipts,financial insecurity,increased costs, capacity to weather financial hardship and/or challenges covering payroll,rent or mortgage,and other operating costs and have needs for technical assistance for business planning purposes; and WHEREAS,the County wishes to establish a grant program to aid impacted small businesses within the County,known as the Small Business Post-Pandemic Recovery Grant Program (the “Program”)to be administered by certain cities to facilitate the distribution of grants under the Program in connection with responding to the pandemic and its negative economic impacts; and WHEREAS, the City is one of three pilot cities in San Mateo County participating in the Program; and WHEREAS,on June 28,2023,City Council approved a resolution which accepted $100,000 in ARPA Funds for the Program and authorized the City Manager to execute a grant agreement for the Program with the City, and any subsequent amendments or administrative tasks; and WHEREAS,on July 11,2023,San Mateo Board of Supervisors approved grant agreements for the Program with the Cities of San Bruno, San Mateo, and South San Francisco; and WHEREAS,on August 10,2023,City and County entered into an agreement to amend the grant agreement to allow additional time to create Program Guidelines and carry out the administration of the Program,attached herein as Exhibit A; and WHEREAS, there is no impact to the budget for Fiscal Year 2023-2024. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby approves the Program Guidelines for a new Small Business Post-Pandemic Recovery Grant City of South San Francisco Printed on 11/3/2023Page 1 of 2 powered by Legistar™154 File #:23-968 Agenda Date:11/8/2023 Version:1 Item #:8a. Council hereby approves the Program Guidelines for a new Small Business Post-Pandemic Recovery Grant Program in South San Francisco to be used during Fiscal Year 2023-2024, attached herein as Exhibit B. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the documents necessary and to 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 11/3/2023Page 2 of 2 powered by Legistar™155 Page 1 FIRST AMENDMENT TO GRANT AGREEMENT BETWEEN THE COUNTY OF SAN MATEO AND THE CITY OF SOUTH SAN FRANCISCO This First Amendment to Grant Agreement is entered into as this 10th day of August 2023, by and between the County of San Mateo, a political subdivision of the state of California (the “County”), and the City of South San Francisco (“Grantee”), (County and Grantee may be collectively referred to herein as “Parties” and individually as “Party”). * * * WHEREAS, on July 11, 2023, the Parties entered into that certain Grant Agreement between the County of the San Mateo and the City of South San Francisco (the “Agreement”) in connection with the County’s Small Business Post-Pandemic Recovery Grant Program (the “Program”) in which the County granted funds to Grantee, subject to the terms and conditions stated therein, to facilitate the distribution of grants to impacted small businesses to respond to the pandemic and its negative economic impacts; and WHEREAS, the Parties wish to amend the Agreement to modify the term and to modify provisions in Exhibits A and B concerning program administration and grant disbursement. NOW, THEREFORE, it is hereby agreed by the Parties to this Agreement as follows: 1. Original Exhibit A -Program is replaced with and superseded in its entirety by Exhibit A -Program (rev. July 25, 2023), attached hereto and incorporated by reference as is fully set forth herein. 2. Original Exhibit B -Grant Disbursement is replaced with and superseded in its entirety by Exhibit B – Grant Disbursement (rev. July 25, 2023), attached hereto and incorporated by reference as is fully set forth herein. 3. All other terms and conditions of the Agreement between the County and Grantee shall remain in full force and effect. * * * In witness of and in agreement with this Agreement’s terms, the Parties, by their duly authorized representatives, affix their respective signatures For Grantee City of South San Francisco: (signature) Authorized Representative City Date Job Title DocuSign Envelope ID: E0959712-E58C-42B2-867F-9A26D6D2CA8F 8/24/2023 8/24/2023 City Manager 156 Page 2 (please print name) Authorized Representative City For County: (Signature) Authorized Designee County of San Mateo Date Job Title (please print) (please print name) Authorized Designee County of San Mateo DocuSign Envelope ID: E0959712-E58C-42B2-867F-9A26D6D2CA8F SHARON RANALS Justin Mates Deputy County Executive8/24/2023 157 Page 3 Exhibit A- Program (rev. July 25, 2023) The Program is designed to mitigate financial hardship and to help prepare COVID-impacted small businesses, including retail and restaurant businesses, to meet post-pandemic customer expectations through technical assistance trainings and consultations provided by Good City, and a grant program operated by the three participating pilot cities. Eligible impacted small businesses may use their grants to pay for payroll and benefits, costs to retain employees, and mortgage, rent, utility, and other operating costs. Grantee, as one of the three participating pilot cities, shall complete the following tasks by June 30, 2024. 1. Program Details. Grantee shall document all grant program details, which must, at minimum, include the following: a. Determine grant amount(s), which in all cases must be reasonably proportional to the harm suffered by the qualifying small business recipient and shall not exceed $5,000 per impacted small business. b. Establish eligibility criteria for impacted small businesses; provided, however, that all recipients of assistance under the Program must (i) be a small business—defined, for these purposes, to mean a business having no more than 5 full-time-equivalent employees (or 3 employees who earn less than 65% of AMI in San Mateo County), that is independently owned and operated and that is not dominant in its field of operation; (ii) have, where required, a valid business license; (iii) have a currently operating physical business address within Grantee’s jurisdictional boundaries; and (iv) have suffered financial hardship as a result of the COVID-19 pandemic. c. In coordination with Renaissance Entrepreneurship Center, create an outreach program/strategy designed to raise awareness of the Program among qualifying small businesses and distribute materials in languages in which outreach is provided. d. Design an application process that is linguistically and culturally accessible to eligible impacted small businesses. e. Establish a grant administration process, which process could include contracting with a third-party administrator for such services, provided that Grantee shall employ controls to ensure that costs for the third-party administrator are reasonable and necessary. 2. Written Summary of Program Details. Within 120 days after the Effective Date or such other date as approved in writing by the County, Grantee shall provide a written summary of the Program details determined above in Section 1 of this Exhibit A to the County Project Manager (County shall notify Grantee of designated County Project Manager and their contact information), the Good City Company Program lead, and the other pilot city leads to share information, discuss design logic, review any common issues or concerns with implementation of the Program. 3. Implementation and Disbursement. Grantee shall implement the Program and distribute cash grants according to the Program details determined above in Section 1 of this Exhibit A. DocuSign Envelope ID: E0959712-E58C-42B2-867F-9A26D6D2CA8F 158 Page 4 4. Records. Grantee shall maintain records of all eligible small businesses receiving grants, to include the following information: a. Type of small business b. Small business owner demographics, including racial and ethnic background and gender c. Summary of how impacted small businesses used the grant funds received 5. Monthly Updates. Upon request, with reasonable notice provided, Grantee shall meet with County Project Manager to provide updates regarding the Program, including status of Program roll- out, number of grants distributed to impacted small businesses to date, and review of any outstanding issues or concerns. 6. Final Report. After all grants are awarded to impacted small businesses, but in no event after June 30, 2024, Grantee shall provide a summary report that includes, at minimum, demographic information of grant recipients, types of businesses assisted, comments/feedback from five or more grantees, and any additional information requested by County. 7. Cooperation. Grantee agrees to cooperate with the County to determine and carry out other responsibilities as agreed upon between the County and Grantee to implement the Program. DocuSign Envelope ID: E0959712-E58C-42B2-867F-9A26D6D2CA8F 159 5 Exhibit B – Grant Disbursement a. Disbursement. Subject to Grantee’s compliance with the terms and conditions of the Agreement and the procedures specified herein, the County shall disburse the Grant to Grantee in one lumpsum disbursement of $100,000, disbursed after the Effective Date and within 30 days of receipt of Grantee’s disbursement request. In no event shall the County’s disbursements exceed the total amount of the Grant. b. Disbursement Request. Grantee’s written request for disbursement and cost reporting shall (i) be submitted electronically to the County on Grantee’s official letterhead to the attention of the person identified in Section 13 of this Agreement, or their designee(s), and (ii) include the date of the request, disbursement amount per the specified installments (as applicable), and this Agreement’s number. c. Quarterly Cost Reporting. Grantee’s quarterly reporting required under Section 6 of this Agreement shall also include Grantee’s actual costs incurred for the Program for the preceding quarter with supporting documentation for such costs to which the Grant funds have been applied, including without limitation, invoices, receipts, payroll, and activity logs sufficient to substantiate the costs. Invoice documentation must be accompanied by a line-item accounting for monthly expenses and evidence of work performed, or costs incurred, including, but not limited to, timesheets, copies of bills, and/or packing slips. Grantee shall include a written certification that the costs were actually, reasonably and necessarily incurred for the Program and that the supporting documentation is true, correct and complete. Grantee agrees to provide further supporting documentation as reasonably requested by the County. d. True-Up Process. Grantee agrees to cooperate with County, as necessary, to reconcile Program costs reported and substantiated with the Grant amount disbursed. Grantee shall promptly return to the County any amount of the Grant that has not been spent as of June 30, 2024. e. Indirect cost rate. Grantee confirms it does not have an approved federally recognized indirect cost rate and, as such, the allocable indirect costs against the Grant funds may be charged at a rate not to exceed the 10% de minimis federal indirect cost rate. DocuSign Envelope ID: E0959712-E58C-42B2-867F-9A26D6D2CA8F 160 Small Business Post-Pandemic Recovery Grant Program Program Guidelines City of South San Francisco This guide is provided as a reference for small businesses applying for the City of South San Francisco’s Small Business Post-Pandemic Recovery Grant Program. This Program is provided by American Rescue Plan economic recovery funds and is made available by San Mateo County. For questions, call (650) 829-4652 or email ssf@rencenter.org. Si necesita ayuda en español, hay ayuda por teléfono a (650) 829-4652, por corréo electrónico a ssf@rencenter.org, o por visita a 366 Grand Avenue al Centro de Avance Ecónomico. 161 Overview The City of South San Francisco has partnered with San Mateo County on a pilot Small Business Post-Pandemic Recovery Grant Program (“Program”). The grant program consists of $5,000 grants for eligible small businesses in South San Francisco. The total in the Program is $100,000, and 20 eligible businesses will be selected through an application process. A lottery may be required if needed. The Program is designed to mitigate continued financial hardship and to help prepare COVID- impacted small businesses, including retail and restaurants, to meet post-pandemic customer expectations through technical assistance trainings and consultations provided by the City’s Economic Advancement Center and online. Grantees can use the $5,000 to pay for payroll and benefits, costs to retain employees, and mortgage, rent, utility, and other operating costs. Eligibility and Grant Components 1. Applicant must be a small business, defined as currently employing five (5) full-time equivalent (FTE) employees or less, or employing three (3) employees who earn less than 65% of Area Median Income (AMI) in San Mateo County. To be considered 65% of AMI in San Mateo County, or “low income” specific to this Program, an employee must demonstrate that they earn less than $79,652 for a household of one. 2. Business must be independently owned and operated and not dominant in its field on a national basis. 3. Business must currently be in operation and have operated at least since March 16, 2020. 4. Business must have a current business license with the City of South San Francisco. 5. Business must have suffered financial hardship as a result of the COVID-19 pandemic. 6. Grantees will be required to attend a minimum of two hours of small business support training. 7. Smoke shops, alcohol shops, and home-based businesses are not eligible for this Program. 8. A business is only eligible to submit one (1) application. 9. Businesses that already received a forgivable loan from the City Small Business Relief Fund (2020-2022), or San Mateo County Strong may still apply, but will not be prioritized. Childcare facilities are exempt from this requirement. 10. Applicants will be required to provide documentation through the application portal to substantiate the required eligibility criteria. 11. A lottery may be conducted based on the level of demand. 162 How to Apply An online application portal will open on Tuesday, January 2, 2024 and close on Friday, January 26, 2024. The online portal will be posted at www.ssf.net/eac. Interested applicants can also walk into the Economic Advancement Center, located at 366 Grand Avenue, or call (650) 829- 4652 for assistance. 163 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:23-953 Agenda Date:11/8/2023 Version:1 Item #:9. Report regarding a resolution awarding a construction contract to Burke Construction of Chowchilla,California for an amount not to exceed $397,489.00,and to Draeger,Inc.of Houston,Texas in an amount not to exceed $507,433.00 for the Training Tower Maintenance Project (pf1704)and approving a 20%contingency to each contract for a total construction budget of $1,085,906. (Lawrence Henriquez, Senior Civil Engineer) RECOMMENDATION Staff recommends City Council adopt a resolution awarding a construction contract to Burke Construction of Chowchilla,California,for an amount not to exceed $397,489.00,and to Draeger,Inc.of Houston,Texas,in an amount not to exceed $507,433.00 for the Training Tower Maintenance Project (pf1704);approving a 20% contingency to each contract for a total construction budget of $1,085,906.00;and authorizing the City Manager to execute the agreements on behalf of the City. BACKGROUND/DISCUSSION The Fire Department’s Live Fire Training Structure (LFTS)is located behind the fire station off the street at 480 North Canal Street.The structure was built in 2006 and is a custom structure that Fire Facilities installed.It consists of a 6-story tower,a 2-story residence,and a one-story annex -see Attachment 1.The Fire Department hosts numerous training sessions throughout the year,and assurance that the LFTS’s components are in good working condition is vital to its yearly operations.For example,the LFTS contains burn room components for training exercises that must be reliable and devoid of malfunctions when operating.Therefore,it is critical that the LFTS inner workings be replaced as identified. Fire Facilities is the company that originally installed the LFTS located on 480 North Canal Street. Fire Facilities has a certified contractor, Burke Construction, who will be handling the City’s Training Tower Maintenance Project. The work will involve the replacement of exterior doors, bar grating for all existing balconies, interior & exterior operating lever latches for existing shutters and burn room doors, replacement of roll-up door(s) for elevator shaft, replacement of roof paneling for both tower and residence flat roofs, replacement of chain-link fencing for existing roof railings or parapet openings, new perimeter roof railing for annex, and many more - see Attachment 2 for Burke Construction’s full listing of items to be replaced. The components used in the LFTS, such as the gas detection system and interior fire props, were installed by Draeger, Inc., who manufactures medical and safety technology products. Draeger, Inc. will replace the LFTS components such as the gas detection system, replace exterior estop, fire props control system upgrade, cover hallway detector, gas detector cover panel, and replace exhaust fan -- see Attachment 3 for Draeger, Inc.’s full listing of items to be replaced. In summary, the Training Tower Maintenance Project will replace old and deteriorated components on the LFTS per the most recent inspection report provided by Fire Safety & Inspection Services LLC. In addition, City of South San Francisco Printed on 11/3/2023Page 1 of 3 powered by Legistar™164 File #:23-953 Agenda Date:11/8/2023 Version:1 Item #:9. Fire Department staff also requested that additional items be replaced, which are included in the construction services agreements. The final listing of work to be performed has been confirmed with Fire Department staff. Procurement and Funding Fire Facilities is the distributor of the LFTS,and Draeger,Inc.provided the interior live fire training system elements. They are both sole source producers, and no other company makes a similar or competing product. 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 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.In addition,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.As a result,staff is adhering to the City’s Administrative Instruction Section IV:Purchasing Policies and Procedures Section 4.11.4 -Sole Source Procurements (Attachment 4)to contract with Burke Construction and Draeger, Inc.. Contractor Cost Estimate Burke Construction $ 397,489.00 Draeger, Inc.$ 507,433.00 20% Contingency $ 180,984.00 Total $1,085,906.00 The construction contingency will be used for any additional costs for construction-related changes.There are no Disadvantaged Business Enterprise (DBE)requirements on the Project.Below is a summary table of the funding sources: Funding Source Balance General Fund $ 28,374 Public Safety Impact Fee $ 359,763 Infrastructure Reserve $1,050,000 Total $1,438,137 FISCAL IMPACT The Project (pf1704)is included in the City of South San Francisco’s FY 2023-2024 Capital Improvements Program and includes sufficient funding to cover the total construction contract budget. 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 by prolonging the useful life of city facilities. CONCLUSION Staff recommends that City Council adopt a resolution awarding a construction contract to Burke Construction for an amount not to exceed $397,489.00,and to Draeger,Inc.for an amount not to exceed $507,433.00 for the Training Tower Maintenance Project (pf1704),approving a 20%contingency to each contract for a total City of South San Francisco Printed on 11/3/2023Page 2 of 3 powered by Legistar™165 File #:23-953 Agenda Date:11/8/2023 Version:1 Item #:9. Training Tower Maintenance Project (pf1704),approving a 20%contingency to each contract for a total construction budget of $1,085,906 and authorizing the City Manager to execute the agreements on behalf of the City. Attachments: 1.Image of Live Fire Training Structure (LFTS) 2.Burke Construction Cost Proposal 3.Draeger, Inc. Cost Proposal 4.Admnistrative Policy Section IV: City’s Purchasing Policies and Procedures City of South San Francisco Printed on 11/3/2023Page 3 of 3 powered by Legistar™166 15115 Torrey Pines Circle Chowchilla, CA 93610 559.201.9335 | burkediversified.com CSLB No. 1028504 | DIR PWC No. 1000061093 October 22, 2023 City of South San Francisco Attn: Lawrence Henriquez, P.E. 315 Maple Avenue South San Francisco, CA 94080 Re: City of South San Francisco Fire Training Tower Maintenance Revised Proposal to Include Additional Work Identified In TJC Technical Memorandum Dear Mr. Henriquez, Burke Diversified dba Burke Construction Co. is pleased to provide its revised proposal of Two Hundred Twenty Thousand One Hundred Dollars ($220,100.00) to install parts furnished by Fire Facilities as outlined in its proposal dated August 10, 2023. Our proposal specifically includes the following: - Unload and stage material in advance of installation if necessary. - Collection and disposal of all packaging, crates, etc. from delivered materials. The scope of work has increased, incorporating recommendations of TJC’s Technical Memorandum including but not necessarily limited to the following: - Rust removal and painting/spray galvanizing of floor joists and mezzanine framing members per TJC Technical Memorandum. - Removal and replacement of guardrail end cap assemblies (furnished by Fire Facilities) If you have any questions, please do not hesitate to contact the undersigned at (559) 232-6181. Sincerely, Burke Construction Co. Jason E. Burke President Attachment 2 167 FIRE FACILITIES INC. PROPOSAL 314 WILBURN ROAD SUN PRAIRIE, WI 53590-9401 To:From: Tunde Olayomi and Katie Bipes Steven Harms Date:October 25, 2023 Cummings Group Regional Manager Phone:1-800-929-3726 or (608) 327-4100 South San Francisco parts for tower repair 303-726-6013 Fax:1-866-639-7012 or (608) 834-1843 Proposal #5518 E-mail:sharms@firefacilities.com Remarks: This proposal is regarding the price requested for South San Francisco, CA . The total estimated weight for these materials is 16,902.55 lbs. The total price for this fire tower or parts, F.O.B. destination is $160,559.00 as described below:* See tax note below Freight:$16,830.00 Freight + Material Price:$177,389.00 Price Includes The Following: 1. (13) new exterior door signs (including attachment hardware). 2. (33) New hold opens for all existing shutters and burn room doors (including attachment hardware). 3. All new exterior pre-hung doors (11 - 3070 and 1 - 6070) (including keyed alike hardware). 4. Replacement bar grating for all existing balconies (4' x 46'-6" long balcony, and [4] 4' x 11' long balconies). 5. (32) Interior & exterior operating lever latches for existing shutters and burn room doors. 6. (30) New spring closures for all existing burn room doors ([2] springs per door) (including attachment hardware). 7. (4) Replacement 3' x 7' Roll-Up Door(s) for elevator shaft (including attachment hardware). 8. Replacement roof paneling for both tower (25 'x 22') and residence (11' x 22') flat roofs (including attachment hardware). 9. (5) Replacement sets of (3) chains (15 chains total) for existing roof railing or parapet openings. 10. New perimeter roof railing for annex including (2) chain gates at sidewalls next to residence. 11. (2) New BTI Fire Training Door(s) - Includes (100) 1800 psi Breaching Pins - to replace existing power jamb doors. 12. (4) New Forged Swivel Rappelling Anchors (Rated for 10,000 lb Ultimate Load And 1,000 lb Working Load) 13. (1) Brass assembly with wheel valve for existing standpipe. 14. Westec insulating system for lining ceiling of 2nd floor BR (11' x 16', w/ bulkheads) w/ (4) wall corner trims & (2) Probes. 15. Westec insulating system for lining the ceiling of 3rd floor burn room (10' x 18') w/ (4) wall corner trims & (2) probes. 16. (13) Replacement burn room louver vents for all existing burn rooms. 17. (8) Quarts (2 gallon total) of classic beige touch up paint for exterior wall / trims. 18. (8) Pints (1 gallon total) of cedar red touch up paint for framed opening trims. 19. (5) New 16 Ga. Galv. Removable Cover With Handles, Hold Down Latches, and Connection Chain for existing roof curbs. 20. (6) New gap rails for interior stair openings. 21. (2) New Scout Temp. Meter(s): Data Logging, Internal Alarms, Relay For Ext. Alarms, Bluetooth Enabled 22. (4) New 100' thermocouple probes for attachment to new pyrometers listed above. 23. Replacement 10' Tall Fire Escape w/ platform (re replace existing). 24. Replacement 3'-0" x 4'-0" shutter for 2nd floor. 25. (9) Replacement End Rail Loops (#EPA-3) Note:1. All new railing / bar grate / stairs to be Hot Dipped Galvanized and Meet NFPA 1402/Building Code Requirements 2. Exact dimensions of the room(s) layout will need to be provided if this becomes an order. 3. Existing trims will need to be removed and reused in new roof panel areas. 4. Milcor floor doors were not included in price above. Westec Burn Room Insulation System (The Industry's Best Includes A 15 Year Limited Warranty With Over 450 Installations Payment is due in full, 30 days from ship date. Prices quoted in U.S. Dollars. Prices include the design, materials, fabrication, and freight only - foundation and erection labor prices only if shown. 3004.eff.0423 Applicable taxes may need to be added based on location. Prices effective 60 days from date of this proposal.1 of 1 "ASK BEFORE YOU BUY" - THE ONLY MAJOR STEEL FIRE TRAINING TOWER MANUFACTURED IN THE UNITED STATES 168 Dear Customer, Thank you for your inquiry. Please find enclosed our corresponding offer. If you have any further questions, please do not hesitate to contact us. Quotation no.: 136213173 Responsible: MATT LUCHETTA Best regards Draeger Inc. This document has been electronically generated and is valid without a signature. Customer Draeger Inc.Remit to: Remit to: Remit US Wire Transfers to: Our Tax ID: 23-1699096 LOCKBOX (Standard USPS)LOCKBOX (Overnight)Account Name: Draeger Inc. 3135 Quarry Road; Telford, PA 18969 Draeger, Inc. FIS Lockbox Processing Account Number: 00-494-936 An Equal Opportunity Employer M / F / V / H PO Box 13369 Lockbox #13369 Transit Routing: 021001033 Telephone 800-437-2437 Newark, New Jersey 100 Grove Road SWIFT: BKTRUS33 http://www.draeger.com 07101-3362 Suite E Deutsche Bank Trust Company Americas West Deptford, NJ 08066 60 Wall Street 25th Fl, New York, NY 10005 Quotation Customer no.Quotation no. Date of offer 91172728 136213173 09/28/2023 Please reference on inquiries Payer 91172728 SOUTH SAN FRANCISCO FIRE DEPAR 480 N CANAL ST SOUTH SAN FRANCISCO CA 94080-4 Your request RFQ REVISION DATE: 09/25/2023 Ship-To party 91172728 SOUTH SAN FRANCISCO FIRE DEPT 480 N CANAL ST SOUTH SAN FRANCISCO CA 94080 Telephone: 626-614-7975 E-mail: matt.luchetta@draeger.com SOUTH SAN FRANCISCO FIRE DEPARTMENT 480 N CANAL ST SOUTH SAN FRANCISCO CA 94080-4603 169 0010 1EA 1903015 GAS DETECTION REPLACEMENT & SERVICE 49,620.99 49,620.99 - Includes site install and service by Dräger personnel. - 12-month limited parts warranty. - Fully replace Gas Detection for Burn Tower. - Nine (9) Draeger Polytron Gas Detector replacements, includes calibration and connection to existing control system - Calibration kit with zero and span gas included for regular monthly calibration by customer - Reuse wiring and conduit between gas detectors and control panels. - Reuse gas detector stainless shrouds and panels. - Perform overall system service to clean, test and inspect all gas and electrical components. Perform detailed technical inspection to confirm scope of system upgrade is correct. Pricing information for subsequent work activities may be revised following this visit. Note: This work must be performed to continue with items 20 and/or 30. 0020 1EA 1903015 REPLACE EXTERIOR ESTOP 3,955.45 3,955.45 - Material supply only. See line 0070 for lump sum cost of install and commissioning by Dräger personnel. - 12-month limited parts warranty. - Exterior Estop identified as requiring replacement. - 7x total E-stops located at the Training Tower. 6x interior and 1x exterior. Pos. Quant. Part no. Description Unit price Total price USD USD Quotation Customer no.Quotation no. Date of offer 91172728 136213173 09/28/2023 Please reference on inquiries Payer 91172728Page 2 / 8 PLEASE SUBMIT / REFER TO THIS QUOTATION WHEN PLACING YOUR ORDER 170 - Interior E-stop condition is okay and is not included in replacement - If additional E-stops are desired to be replaced this item may be incremented for multiple units. - Reuse wiring and conduit between E-stop and control panels. - Renew or replace any conduit fittings showing signs of corrosion Fire Props Control System Upgr Full Building System Service. Upgrade of existing fire training systems to include the following features: - Item 10 must be completed prior to or in conjunction with this work - Interior Burn Building: Pendant upgrade, replace body/switches, upgrade communications to Wifi protocol - Interior Burn Building: Control Panel upgrade, new touch-screens, upgrade control screen program. WiFi enable for WLAN, upgrade to tablet / iPad control. (iPad not included) - Interior Burn Building: Replace building industrial panels with stainless steel NEMA panels, reuse gas valve trains and controls. Reuse building services / conduit / pipe where possible. Reinstall conduit / piping where necessary. NOTE: selection of this option will require several tear-out and reinstallation trips, and access to the burn building for ~10 weeks (burn building will be out of commission for 10 weeks). 0040 1EA 1903015 COVER HALLWAY GAS DETECTOR 711.00 711.00 Pos. Quant. Part no. Description Unit price Total price USD USD Quotation Customer no.Quotation no. Date of offer 91172728 136213173 09/28/2023 Please reference on inquiries Payer 91172728Page 3 / 8 0030 1EA 1903015 FIRE PROPS CONTROL SYSTEM UPGRADE 238,143.73 238,143.73 171 - Material supply only. See line 0070 for lump sum cost of install and commissioning by Dräger personnel. - 12-month limited parts warranty. - Gas Detector Panel on Level 2 identified as corroded. - 9x total Gas Detectors located at the Training Tower. 6x in burn rooms and 2x in hallways. - Burn Room Gas Detectors have additional Stainless Steel Cover Panel. These are in good condition and not included in replacement - Similar Stainless Steel Cover Panel to be installed on hallway gas detector to prevent further corrosion - Reuse wiring and conduit between Gas Detector and control panels. - Renew or replace any conduit fittings showing signs of corrosion Note: Gas Detector replacement was previously advised based on obsolete model of Gas Detector in use. This Cover Panel does not address this. 0050 1EA 1903015 GAS DETECTOR COVER PANEL 711.00 711.00 - Material supply only. See line 0070 for lump sum cost of install and commissioning by Dräger personnel. - 12-month limited parts warranty. - Gas Detector Panel on Level 4 identified as corroded. - 9x total Gas Detectors located at the Training Tower. 6x in burn rooms and 2x in hallways. - Burn Room Gas Detectors have additional Stainless Steel Cover Panel. These are in good condition and not included in replacement - Similar Stainless Steel Cover Panel to be installed on hallway gas detector to Pos. Quant. Part no. Description Unit price Total price USD USD Quotation Customer no.Quotation no. Date of offer 91172728 136213173 09/28/2023 Please reference on inquiries Payer 91172728Page 4 / 8 172 prevent further corrosion - Reuse wiring and conduit between Gas Detector and control panels. - Renew or replace any conduit fittings showing signs of corrosion Note: Gas Detector replacement was previously advised based on obsolete model of Gas Detector in use. This Cover Panel does not address this. 0060 1EA 1903015 REPLACE EXHAUST FAN 40,916.82 40,916.82 - Material supply only. See line 0070 for lump sum cost of install and commissioning by Dräger personnel. - 12-month limited parts warranty. - Exterior Exhaust Fans identified as requiring replacement. - 3x total Exhaust Fans located at the Training Tower - If some Fans are not desired to be replaced this item may be reduced for 1 or 2 units. - Reuse wiring and conduit between Exhaust Fan and control panels. - Replace Exhaust Fan disconnect, speed sensor mounted at fan location - Renew or replace any conduit fittings showing signs of corrosion Pos. Quant. Part no. Description Unit price Total price USD USD Quotation Customer no.Quotation no. Date of offer 91172728 136213173 09/28/2023 Please reference on inquiries Payer 91172728Page 5 / 8 0070 1EA 1903015 INSTALLATION & COMMISSIONING 116,768.13 116,768.13 - Line 0020 must be completed prior to or in conjunction with this work - 12-month limited parts warranty. - Dräger scope for site installation to include equipment rentals, disposal of old equipment, connection, commissioning - Dräger scope excludes site prep and site utilities / supply (underground conduit and pipe, permits, inspections - Dräger scope includes travel-cost provisions for installing line items 0010 - 173 0060 in one trip. (i.e. travel costs in the case of separate purchases/installation will be quoted separately). Overall, this work will require two trips, and access to the burn building for ~2 weeks minimum (meaning the burn building will be out of commission for 2 weeks). - "Scope-of-work Split" to be confirmed along with technical spec at time of contract. - Timing of installation to be confirmed along with schedule at time of contract. - Please note: Dräger highly recommends full supply system testing. Pressure testing of piping, inspection of tank farm, and inspection of electrical supply prior to our install. Failure of either the tank-farm/propane supply, or the electrical supply will delay install and incur additional costs. - Damaged equipment, failed equipment, any unforeseen component replacement, labor charges for service will be quoted at standard rates. --------------------------------------- ----------- ----- ------------ Net value excl. Sales Tax 462,914.12 + Net Sales Tax 44,519.17 --------------------------------------- ----------- ----- ------------ Total amount 507,433.29 ======================================= =========== ===== ============ Pos. Quant. Part no. Description Unit price Total price USD USD Quotation Customer no.Quotation no. Date of offer 91172728 136213173 09/28/2023 Please reference on inquiries Payer 91172728Page 6 / 8 0080 1EA 1903010 FREIGHT TO CUSTOMER SITE 12,087.00 12,087.00 174 Payment terms: 30 days after invoice date Pos. Quant. Part no. Description Unit price Total price USD USD Quotation Customer no.Quotation no. Date of offer 91172728 136213173 09/28/2023 Please reference on inquiries Payer 91172728Page 7 / 8 PLEASE CHECK THIS QUOTE CAREFULLY FOR ACCURACY IN PRICING, PART # AND DESCRIPTION. Contact Customer Service immediately if there are any discrepancies. This acknowledgement and note constitutes the entire agreement with respect to the contemplated transaction and supersedes all previous negotiations, proposals, writings, advertisements, or publications. Draeger, Inc. and the Customer agree that the purchase of any product or service pursuant to this document is subject to the attached terms and conditions, which are incorporated by reference. Offer valid until:12/28/2023 Delivery time to be coordinated with customer training schedule and burn building availability. Subject to project backlog at time of order entry. 175 A. 25% of total project price will be invoiced on notice to proceed. B. 50% of total project price will be invoiced when equipment is shipped. C. 25% will be invoiced when installation and training are complete and system is handed over. In the event Customer is not ready for product to be delivered on the confirmed delivery date, Customer must notify Draeger, Inc. 30 days prior to confirmed delivery date to reschedule. If Customer fails to provide notification, Draeger, Inc. may invoice Customer for products and any additional costs to hold product until Customer is ready for delivery. Pos. Quant. Part no. Description Unit price Total price USD USD Quotation Customer no.Quotation no. Date of offer 91172728 136213173 09/28/2023 Please reference on inquiries Payer 91172728Page 8 / 8 Notes: 1) Please note prevailing wages are included in this quotation. 2) All funds are in US Dollars. 3) Bonding price, if required, not included. 4) Price information valid 90 days from date on form. Pricing is subject to change once quotation is past validity. 5) Any building or electrical contractor permits are responsibility of customer and are not included. 6) Warranty is 12 months after handover. 7) Training Systems which have completed fabrication but cannot be delivered due to delays on the part of the customer, may be charged a Storage Fee in the amount of 2% of the project value, to be assessed every thirty days after an initial 30-day free storage period has passed, until delivery is possible. 8) Milestone Payment terms: 176 1 U.S. Terms and Conditions of Sale (Safety) Effective – July 2023 4877-6831-8559, v. 4 DRAEGER, INC. TERMS AND CONDITIONS OF SALE (SAFETY) 1. GENERAL. These terms and conditions are integral to the agreement governing the sale and purchase of goods (“Goods”) and service (“Service”) between the seller, Draeger, Inc. (“Draeger”), and the purchaser (“Customer”). Goods and Service are referred to herein collectively as “Product.” The agreement governing this sale and purchase of Product (“Agreement”) consists of the following, all of which are hereby incorporated herein by reference: (i) these terms and conditions, (ii) the written sale or service agreement, if any, signed by Draeger and Customer (referred to herein singularly as “Party” and collectively as the “Parties”), including schedules thereto, that is in effect on the date the applicable Purchase Order (“PO”) is delivered to Draeger, and any amendments thereto (“Contract Document”), (iii) any price quote (“Quote”), and (iv) any PO submitted by Customer with respect to a Quote; provided, however, Draeger shall not be bound by any terms, conditions, or other provisions in a PO that are different from, in addition to, or inconsistent with, the other provisions of this Agreement. 2. PRICES. (a) Prices are as stated in the Contract Document. If no Contract Document is in effect at the time the order is filled, the prices shall be as stated on the applicable Quote; provided, that such Quote is valid at that time. In all other cases, prices are those currently in effect on Draeger’s standard price list at time of shipment. Unless otherwise stated in writing by Draeger, prices include the cost of standard domestic packing. Prices exclude charges for freight, unloading, storage, insurance, taxes, excises, fees, duties, or other charges related to Product. Customer shall bear the cost of all applicable sales, use, property, excise, and manufacturer’s taxes and any duties, license, or similar fees, which may be imposed upon the sale, use, or performance of the Product. (b) If this Agreement is for multiple years, then the prices set forth herein are fixed only for the first 12 months hereof. Thereafter, Draeger may adjust the prices (“Price Adjustment”), pursuant to a proposed Price Adjustment notice (“Price Adjustment Notice”). Draeger shall provide the Price Adjustment Notice to Customer, in writing, specifying the adjustment, no less than 90 days in advance of a proposed Price Adjustment (“Price Adjustment Notice Period”). If Customer objects to the proposed Price Adjustment during the Price Adjustment Notice Period, then, notwithstanding anything else in this Agreement to the contrary, Draeger may cancel this Agreement with 60 days’ notice without penalty (“Price Termination Notice”). During the 60-day Price Termination Notice period, Customer may continue to purchase Products at the then- current price. If Customer does not object to the proposed Price Adjustment, then such proposed Price Adjustment shall go into effect on the date stated in the proposed Price Adjustment Notice and shall be incorporated herein by reference. Draeger shall fill all POs received prior to the effective date of the Price Adjustment or, if earlier, the termination of this Agreement, at the then-current prices. Unless otherwise agreed to by Draeger and Customer, all other terms, conditions, and provisions of this Agreement shall continue unchanged and remain in full force and effect after any such Price Adjustment. A Price Adjustment does not obligate any of the Parties to agree to any other modification of this Agreement. 3. PAYMENT TERMS. (a) Unless otherwise agreed in writing, Customer shall make payment in full without any set-off (for any reason) no later than 30 days from the date of invoice in United States Dollars (“USD”). Partial shipments of Goods shall be invoiced as shipped. Draeger reserves the right to require (i) payment in advance, (ii) cash on delivery, or (iii) a modification of credit terms. (b) Notwithstanding the foregoing, payment on advance orders paid by credit card shall be charged and paid for at that time of the order. All payments made with personal credit cards may include an administrative fee of up to 2.8% of the value on the invoice. Payments made through corporate purchasing credit cards may include an administrative fee of up to 2.5% of the value on the invoice. (c) Draeger reserves the right in the event of late payment: (i) to suspend all deliveries or Service or to cancel any of its outstanding obligations under this Agreement; or (ii) to charge interest on the late payment calculated on a day-to-day basis until the actual date of payment at the lower of (A) an annual rate of 12% or (B) the maximum rate allowed by law. Such remedies are in addition to any other rights or remedies available to Draeger under the law. (d) If Customer pays less than the full amount due, the payment will be applied toward the outstanding balance. Draeger’s acceptance of part of the amount due shall not interfere with Draeger’s right to recover the balance of the amount due or right to pursue any other right or remedy under the law. (e) All POs are subject to credit approval by Draeger. 4. DELIVERY, INSTALLATION, RISK, AND TITLE. (a) Title to, and risk of loss for, the Goods shall pass to Customer upon delivery as determined on the basis of FCA (INCOTERMS 2020) prepay and add all related transportation and insurance costs as a separate line item to the invoice to Customer unless Customer provides their own transportation provider and/or account number in which case the delivery is determined on the basis of EXW (INCOTERMS 2020). Upon passage of title of the Goods from Draeger to Customer or, if earlier, the date as of which Draeger makes a commercially reasonable attempt to deliver Goods, Customer shall be responsible and liable for, and agrees to defend and indemnify Draeger against, all claims, injuries, losses fines, penalties, damages, or costs resulting from Customer’s storage, handling, disposal, release, use, or resale of the Goods or their containers. (b) Delivery, installation, and completion dates are only approximate and Draeger will not be liable for failure to meet such dates. Notwithstanding the foregoing, Draeger shall use reasonable efforts to meet quoted delivery, installation, and completion dates. Partial shipments may be made at Draeger’s sole discretion or, with Draeger’s consent, at Customer’s request. (c) Unless stated otherwise in writing by Draeger, freight and transportation costs, including standard ground transportation, packing, custom duties, and other similar charges, shall be borne as follows: (i) for PO orders equal to or less than $15,000, Customer shall bear all such costs, (ii) for PO orders greater than $15,000, Draeger shall bear all such costs. Notwithstanding the foregoing, in the event Customer requests an expedited order, Customer shall bear the additional costs. (d) Customer shall use commercially reasonable efforts to allow for timely delivery of Goods, including, without limitation, providing instructions, granting access during Customer’s business hours (or such other time agreed by the Parties), and obtaining any required licenses or permits. (e) Installation costs, if applicable, are included in the price of Goods, unless indicated as a separate Service on the Contract Document or Quote. Customer is responsible for ensuring that the installation site is fully prepared prior to installation and for bearing all costs necessary to prepare site for installation in accordance with Draeger’s instructions, including, without limitation, (i) engaging in any required labor, (ii) acquiring any required materials, (iii) to the extent applicable, ensuring that the Customer’s network (A) meets any Draeger specific requirements, and (B) is fully functioning as mandated by all manuals and other instructions requested of Customer by Draeger, and (iv) ensuring compliance with all governmental requirements, including without limitation, all certifications and approvals for installation and operation. Customer shall provide to Draeger or its subcontractor, as applicable, access to the installation site and, if required, safe and secure space on site for storage of Goods and equipment prior to and during installation. 5. ACCEPTANCE. Customer shall inspect Goods received and notify Draeger of any Nonconforming Goods prior to acceptance. Goods shall be deemed to be accepted by Customer 15 days from date of delivery; provided, however, that (i) if earlier, acceptance shall occur immediately on the first day Customer uses Product, or (ii) with respect to Goods requiring installation (other than connection to Customer network), acceptance shall occur on the earlier of 5 days after installation or 30 days after delivery. Installation shall be deemed to be completed upon final verification under Draeger’s standard procedures that Goods meet all applicable written performance obligations. For this purpose, “Nonconforming Goods” means (i) Goods that are different from those identified on the PO confirmation or (ii) Goods with label or packaging that incorrectly identifies contents. Draeger shall, at its sole discretion, replace Nonconforming Goods with conforming Goods or credit or refund the price of Nonconforming Goods. Such remedy is the exclusive remedy for Nonconforming Goods. Draeger shall bear the shipping costs related to return and replacement of Nonconforming Goods. 6. CHANGES AND RETURNS. (a) POs may not be changed or canceled after PO is accepted by Draeger. (b) Draeger reserves the right, subject to written notice, to substitute Goods or change specifications of Goods, which, in Draeger’s judgment, does not materially affect the installation, performance, function, or price thereof. Goods may only be returned with prior authorization from Draeger. Eligible returns must follow the Customer Material Return Process in effect at the time of return as specified at https://www.draeger.com/Library/Content/RMA-Process-Safety-2023.pdf and which is hereby incorporated herein by reference (“RMA Process”). Unless warranty applies or in the case of a Nonconforming Good, restocking fees of up to 25% may apply. 7. DELAY OR FAILURE TO PERFORM OBLIGATIONS. (a) Draeger shall not be deemed to be in breach or otherwise liable for any delay or failure in performance of any of its obligations under this Agreement caused, in whole or in part, by any act or omission of Customer or its agents, subcontractors, or employees. (b) Neither Party shall be liable for failure to perform obligations (except for payment obligations) under this Agreement to the extent that such failure arises out of events beyond its reasonable control including, but not limited to, acts of government or compliance with any governmental laws, rules or regulations, acts of God, war, terrorist threats or acts, civil disturbance, fire, or other casualty, pandemic, strike, labor dispute, or unavailability of labor, carriers, raw materials, power, or supplies. Any delivery date may be extended, at Draeger’s option, to the extent of any delay resulting from any such event. 8. WARRANTY. (a) Goods. Draeger warrants that under normal use and with prescribed maintenance, storage, and care, Goods are free from defects in material and workmanship for the warranty period. Except as provided in a separate warranty statement in Goods manual or otherwise provided with Goods, the warranty period for new capital equipment is 12 months from date of delivery and disposable and consumable Goods (excluding sensors) are warranted at time of delivery only. All other Goods are warranted for 90 days from (i) date of delivery or (ii) in the case of software, date of implementation sign- off, or first productive use. Warranty is conditioned on (i) Customer providing immediate written notice of warranty-related claim to Draeger and following RMA Process, (ii) no repairs, modifications, or alterations being made to Goods other than by Draeger or its authorized representatives, (iii) Customer handling, using, storing, installing, operating, cleaning, and maintaining Goods in compliance with the instructions and specifications provided with Goods or incorporated into this Agreement, (iv) use of Goods only for the use intended by Draeger, (v) defect not related to the attachment of Goods to non-Draeger 177 2 U.S. Terms and Conditions of Sale (Safety) Effective – July 2023 4877-6831-8559, v. 4 supplied equipment or to Customer’s network issues, (vi) Customer having fulfilled its payment obligations for Goods, and (vii) an inspection by Draeger that reveals that Customer’s claim is valid under the terms of the warranty. Customer’s remedy for a breach of this warranty is limited to repair, replacement, credit, or refund, at the sole option of Draeger. Repair or replacement may be with parts or product that are new, used, or refurbished. Repairs or replacements shall not interrupt, extend, or prolong the warranty period. (b) Service. Draeger warrants that the Service shall be performed in a professional manner in accordance with generally recognized industry standards for similar service. Claims for breach of this Service warranty must be submitted to Draeger in writing within 90 days of the completion of Service. Customer’s remedy for breach of Service warranty is limited to reperformance, credit, or refund, at the sole option of Draeger. (c) Third-Party Product. If this Agreement includes the sale of third-party product not manufactured by Draeger or any of its affiliates, such products are provided to Customer solely at the direction of Customer with no recommendation by Draeger. Draeger makes no warranty for any third-party product. Customer’s sole warranty for any third-party product, if any, is the original manufacturer’s warranty, which Draeger agrees to pass on to Customer, as applicable. The obligation of Customer to pay Draeger for the third-party product is absolute and unconditional, and Customer waives and releases Draeger from all claims, damages, and losses arising out of such third-party product regardless of any claims Customer may have regarding such third-party product. (d) No Other Warranties. THE WARRANTIES IN THIS SECTION 9 ARE THE SOLE AND EXCLUSIVE WARRANTIES MADE WITH RESPECT TO PRODUCT. DRAEGER MAKES NO OTHER WARRANTY EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, TITLE, THIRD-PARTY NONINFRINGEMENT, COURSE OF DEALING, AND USAGE OF TRADE. DRAEGER DOES NOT WARRANT OR GUARANTEE THAT ANY PRODUCT WILL BE SECURE FROM CYBER THREATS, HACKING, OR SIMILARLY MALICIOUS ACTIVITY. DRAEGER DOES NOT WARRANT ANY CUSTOMER OR THIRD-PARTY PROVIDED NETWORK OR THE PERFORMANCE OF PRODUCT AS IMPACTED BY SUCH NETWORK CONNECTION. 9. SERVICE BRIDGE SOLUTION. If Customer’s use of Goods purchased is likely to be interrupted or delayed for an extended period due to the need to service the Goods, delay in delivery, or recall, upon Customer’s request, Draeger may, to the extent available, temporarily place reasonably comparable equipment with Customer for its use until such time as the affected Goods are returned, repaired, or delivered, as applicable. Such placement is part of Draeger’s warranty, contracted Service, or recall obligations, as applicable, and provided at no additional charge to Customer. Customer’s option for such temporary use of equipment shall mitigate any damages or losses, if any, that would otherwise be incurred by Customer for such period. 10. INDEMNITY. To the extent permitted under applicable law, Draeger and Customer (each as “Indemnitor”) shall indemnify the other Party and its affiliates (collectively “Indemnitee”) from and against all third-party claims alleging bodily injury, death, or damage to the third-party’s tangible property, but only to the extent caused by the Indemnitor’s negligence or willful misconduct. No part of Customer’s sites is considered third-party property for purposes of this indemnity. Indemnitee shall provide Indemnitor with prompt written notice of any third-party claims covered by this Section 10. Indemnitor has the unrestricted right to select and hire counsel and the exclusive right to conduct the legal defense or settle the claim on the Indemnitee’s behalf; subject to Indemnitee’s consent, which shall not be unreasonably withheld or delayed. Indemnitor shall not make any admissions that might be prejudicial to the Indemnitee. 11. INSURANCE. If during the term of this Agreement Draeger may need access to Customer’s premises to perform Service or for other reasons, Customer shall, at its own expense, maintain and carry insurance in full force and effect which includes, but is not limited to, commercial general liability in a sum no less than $1,000,000 per occurrence and $5,000,000 in the aggregate with financially sound and reputable insurers. Upon Draeger's request, Customer shall provide Draeger with a certificate of insurance from Customer's insurer evidencing the insurance coverage specified in this Agreement and which names Draeger as an additional insured. Customer shall provide Draeger with 30 days advance written notice in the event of a cancellation or material change in Customer's insurance policy. Except where prohibited by law, Customer shall require its insurer to waive all rights of subrogation against Draeger's insurers and Draeger. 12. LIMITATION OF LIABILITY. IN NO EVENT SHALL ANY PARTY BE LIABLE TO THE OTHER PARTY OR THEIR AFFILIATES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY, OR ANY OTHER LEGAL THEORY, FOR LOST PROFITS OR LOST STORED, TRANSMITTED, OR RECORDED DATA, OR FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, WITH RESPECT TO ANY MATTERS RELATING TO THIS AGREEMENT, REGARDLESS OF WHETHER THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF THE SAME. DRAEGER’S MAXIMUM LIABILITY UNDER THIS AGREEMENT IS THE ACTUAL PURCHASE PRICE RECEIVED BY DRAEGER FOR THE PRODUCT THAT GIVES RISE TO THE CLAIM. 13. PATENT, TRADEMARK, AND OTHER INFRINGEMENT CLAIMS. In the event of any claim, suit, or proceeding brought against Customer alleging any Draeger manufactured Good violates any patent, trademark, or copyright about which Customer notifies Draeger in writing within 5 days after Customer becomes aware of the allegation, Draeger shall, at its option and expense, (i) defend such claim, suit, or proceeding, (ii) procure the Customer’s right to use the Good, (iii) remove or modify the Good to avoid infringement, or (iv) allow Customer to return the Good and refund the purchase price paid to Customer less reasonable depreciation for Customer’s use of the Good. In the event of defense of such claim, suit, or proceeding, Customer shall give Draeger information, assistance, and exclusive authority to fully control the defense and settlement of such claim, suit or proceeding. This indemnity shall not apply if Customer modifies or combines, operates, or uses the Good with any product, data, software, apparatus, or program not provided by Draeger and Customer shall indemnify and hold Draeger harmless against any liability or expense, including reasonable attorneys’ fees, incurred by Draeger in connection therewith. 14. RIGHTS IN SOFTWARE, DOCUMENTATION, AND INTELLECTUAL PROPERTY. To the extent software, data, or other documentation or information (collectively, “Software”) is embedded in or delivered with any Goods sold under this Agreement, the sale of such Goods shall not constitute the transfer of the ownership rights in such Software. The Software shall remain Draeger’s property and Draeger grants to Customer a non-exclusive, non-transferable license solely to use the Software for the purpose, and in the manner, for which the Software was designed and produced. Customer shall not modify, reverse engineer, or create derivative works based on any of the Software, or permit any third party to do so. In addition, to the extent any third-party software is included in the Software, Customer will comply with any third-party software license terms provided by Draeger to Customer. Software that is provided separately to Customer as a Product is not included under this Section 14, but is governed under a separate license agreement, and may be subject to a licensing fee. 15. DATA PROTECTION. The Parties agree to comply with any privacy and data protection laws, including without limitation the General Data Protection Regulation (GDPR), to the extent relevant to the exchange of data between the Parties or storage or exchange of data in connection with Product provided hereunder. 16. TERMINATION. In addition to any remedies that may be provided under these terms and conditions, Draeger may terminate this Agreement or any part thereof with immediate effect upon written notice to Customer, if Customer: (i) fails to pay any amount when due under this Agreement and such failure continues for 30 days after Customer's receipt of written notice of nonpayment; (ii) has not otherwise performed or complied with any obligations of this Agreement, in whole or in part; (iii) becomes insolvent, files a petition for bankruptcy or commences or has commenced against it proceedings relating to bankruptcy, receivership, reorganization or assignment for the benefit of creditors; or (iv) undergoes a change of control or ownership. 17. CONFIDENTIAL INFORMATION. All non-public, confidential, or proprietary information of Draeger disclosed by Draeger to Customer, whether disclosed orally or disclosed or accessed in written, electronic, or other form or media, and whether or not marked, designated, or otherwise identified as "confidential" in connection with this Agreement is confidential, solely for the use of performing this Agreement and may not be disclosed or copied unless authorized in advance by Draeger in writing. This Section does not apply to information that is: (a) in the public domain; (b) known to Customer at the time of disclosure without any confidentiality or restriction on use; or (c) rightfully obtained by Customer on a non-confidential basis from a third-party. 18. OTHER TERMS. (a) Compliance with Laws. The Parties shall comply with all applicable laws and regulations, including, but not limited to, any laws and regulations relating to the import, or export, of any Product or associated technical data. (b) Benefit and Assignment. Neither Party may assign, subcontract, or delegate any rights or obligations under this Agreement, without the prior written consent of the other Party, unless otherwise stated in this Agreement. Notwithstanding the foregoing, Draeger may assign any of its rights and obligations under this Agreement to one of its affiliates without notice to, or consent of, Customer. This Agreement shall inure to and be binding on the Parties and their respective successors, permitted assigns, and legal representatives. This Agreement is for the sole benefit of the Parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement. (c) Modification. This Agreement may not be changed, modified, or amended, except in writing signed by duly authorized representatives of the Parties. (d) Governing Law, Venue, and Waiver of Jury Trial. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without giving effect to any conflict of law provisions. The Parties hereto hereby agree that the application of the United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement and is expressly excluded. Any legal suit, action, or proceeding arising out of or relating to this Agreement shall be brought before a court of competent of jurisdiction located in the Commonwealth of Pennsylvania. The Parties irrevocably submit to the exclusive jurisdiction of such courts in any such suit, action, or proceeding. EACH PARTY WAIVES ALL RIGHTS TO A TRIAL BY JURY IN CONNECTION WITH ANY DISPUTE ARISING UNDER THIS AGREEMENT. 178 3 U.S. Terms and Conditions of Sale (Safety) Effective – July 2023 4877-6831-8559, v. 4 (e) Integration and Survival. This Agreement together with any attachments or other documents incorporated by reference herein, constitute the entire agreement. The terms of this Agreement that by their nature are intended to survive its expiration or termination will continue in full force and effect after its expiration or termination. (f) Severability; Headings. No provision of this Agreement, which may be deemed unenforceable, will in any way invalidate any other portion or provision of this Agreement. Section headings are for reference only and will have no substantive effect. (g) Waiver. No waiver of any of the provisions of this Agreement is effective unless explicitly set forth in writing and signed by the Parties. No failure and no delay in exercising, on the part of any Party, any right under this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right preclude the further exercise of any other right. (h) Relationship of the Parties. The Parties are independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture, or other form of joint enterprise, employment, or fiduciary relationship between the Parties, and neither Party shall have authority to contract for or bind the other Party in any manner whatsoever. (i) Injunction. Customer agrees that the remedies at law may be inadequate to protect Draeger against any actual or threatened breach of Sections 14 or 17 of this Agreement, and, without prejudice to any other rights and remedies otherwise available, Draeger will be entitled to seek injunctive relief. (j) Limitation of Actions. Any action against Draeger arising out of this Agreement shall be commenced within one year from the date such cause of action has accrued, otherwise the same shall be barred. (k) Notices. Notices shall be in writing and shall be deemed served upon receipt and shall be delivered in person or by nationally recognized courier or certified mail to Draeger, Inc. 3135 Quarry Road, Telford, PA 18969, Attention President with a copy to the same address to the attention of General Counsel (such copy shall not constitute service of process). End of Terms and Conditions of Sale (Safety) 179 Administrative Instruction Section IV: Purchasing Policies and Procedures Section 4 -Competitive Procurement Requirements 1.Prevailing Wage Requirements. The payment of prevailing wages is required for public projects and maintenance contracts exceeding $1,000, as defined in Labor Code section 1720 et seq. Please note that the definition for projects qualifying for prevailing wages is broader than that for public works projects requiring bidding. There will be public works projects that do not require competitive bidding but require the payment of prevailing wages. As such, it is important to verify that prevailing wages are required and ensure contractor compliance. Additionally, such public projects/maintenance work must follow California Department of Industrial Relations (DIR) contractor registration requirements for contractors and their subcontractors for construction contracts greater than $25,000 and maintenance contracts greater than $15,000 (see also Subsection 5.1.9 Key Contracting: Prerequisites). 2.Purchases Using Federal Grant Funds. If a purchase is being made using federal grant funds, the competitive bidding thresholds and requirements are established in 2CFR200.318 to 326 and are adjusted/amended from time to time. The current bid threshold amount is $10,000. The federal requirements are contained in the City's Procurement Standards for Federal Awards, accessed here: Section 4.04.080 of the Municipal Code. Federally funded procurements must use specific contract templates approved by the City Attorney's Office. 4.11 Competitive Bidding/Procurement Exemptions Certain procurements may be exempt from competitive bidding (for public works projects) or procurement (for goods and services), such as those specified by law, emergency circumstances, or if in the City's best interests, subject to approval by the appropriate award authority and other requirements as specified below. 1.Enumerated Bid Exemptions. The following enumerated items are examples of purchases that may be appropriately justified as exempt from competitive bidding: a.Emergency procurements as defined below. b. Situations where solicitations of bids or proposals would be unavailing or impossible. c.Public library collection materials or related items as specified in the Library JP A Agreement. d.Single or sole source goods or services as defined herein. e.Highly specialized equipment (and associated operational costs) where compatibility with existing equipment is an overriding consideration. f.Procurements funded by grants, donations, or gifts when any special conditions require the purchase of particular materials and/or services. g.Goods, services, or surplus property obtained from or through agreements with other governmental agencies. h.Membership dues, conventions, training, travel arrangements, or advertisements in magazines, newspapers, or other media. 20 Attachment 4 180 181 182 184 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:23-960 Agenda Date:11/8/2023 Version:1 Item #:9a. Resolution awarding construction services agreements to Burke Construction in an amount not to exceed $397,489.00 and to Draeger for an amount not to exceed $507,433.00 for work associated with the Training Tower Maintenance Project (pf1704);approving a 20%contingency to each contract;authorizing a total construction budget of $1,085,906.00;and authorizing the City Manager to execute the agreements on behalf of the City. WHEREAS,the Training Tower Maintenance Project will rehabilitate the Fire Department’s Live Fire Training Structure (LFTS)located at 480 North Canal Street by replacing timeworn components and performing preventive repairs; and WHEREAS,the Fire Department’s Live Fire Training Structure was constructed in 2006 and has been in operation since, supporting a multitude of fire training exercises; and WHEREAS,the City Council approved the Training Tower Maintenance Project as part of the fiscal year (FY) 17/18 Capital Improvements Program in 2017; and WHEREAS,the 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 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,Public Works staff,in agreement with the City of South San Francisco’s Fire Department,have decided to pursue sole source construction services agreements with the original companies that were responsible for installing the Live Fire Training Structure and its internal components for the purpose of maintaining homogeneity; and WHEREAS,General Fund,City Impact Fees,along with other funds will be used for the purpose of funding the construction work; and WHEREAS,the Project is included in the City of South San Francisco’s FY 2023-2024 Capital Improvements Program and contains sufficient funding to award the construction services agreements. NOW,THEREFORE,BE IT RESOLVED,that the City Council of the City of South San Francisco hereby approves construction services agreements with Burke Construction of Chowchilla,California in an amount not to exceed $397,489.00,and with Draeger of Houston,Texas in an amount not to exceed $507,433.00 for work associated with the Training Tower Maintenance Project (pf1704);approving a 20%contingency to each contract;authorizing a total construction budget of $1,085,906.00;and authorizing the City Manager to execute City of South San Francisco Printed on 11/3/2023Page 1 of 2 powered by Legistar™185 File #:23-960 Agenda Date:11/8/2023 Version:1 Item #:9a. the agreements on behalf of the City. BE IT FURTHER RESOLVED that City Council authorizes the City Manager to execute the construction services agreements and to take any other related actions consistent with the intent of this resolution that do not materially increase the City’s obligations.Execution of the construction services agreement shall be subject to approval as to form by the City Attorney. City of South San Francisco Printed on 11/3/2023Page 2 of 2 powered by Legistar™186 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 Burke Construction_, (“Consultant”) effective as of March 18, 2024 (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”):__replace gas detection for burn tower, replace exterior exhaust fans, upgrade fire props control system, gas detector cover panel, and other components, as more specifically described in the Scope of Services, attached hereto as Exhibit A. The Work shall commence on _March 18, 2024_and shall be completed to the satisfaction of the City by _May 31, 2024_ 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 NINETY-SEVEN THOUSAND FOUR-HUNDRED AND EIGHTY-NINE DOLLARS ($397,489) for the full and satisfactory completion of the Work in accordance with the terms and conditions of this Agreement. 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 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 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. 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. 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 EXHIBIT A 187 Short Form Services Agreement [Rev:11/14/2016] 2 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. D.Professional Liability Insurance in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions. 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 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 188 Short Form Services Agreement [Rev:11/14/2016] 3 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 B. 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 (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: 189 Short Form Services Agreement [Rev:11/14/2016] 4 Contractor: Burke Construction 15115 Torrey Pines Circle Chowchilla , CA 93610 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: BURKE DIVERSIFIED dba BURKE CONSTRUCTION CO.: By: _____________________________ By:__________________________ Sharon Ranals, City Manager Print Name: _ Jason E. Burke _ Title: __ President ____ APPROVED AS TO FORM: ____________________________ City Attorney 2729961.1 190 FIRE FACILITIES INC. PROPOSAL 314 WILBURN ROAD SUN PRAIRIE, WI 53590-9401 To:From: Tunde Olayomi and Katie Bipes Steven Harms Date:October 25, 2023 Cummings Group Regional Manager Phone:1-800-929-3726 or (608) 327-4100 South San Francisco parts for tower repair 303-726-6013 Fax:1-866-639-7012 or (608) 834-1843 Proposal #5518 E-mail:sharms@firefacilities.com Remarks: This proposal is regarding the price requested for South San Francisco, CA . The total estimated weight for these materials is 16,902.55 lbs. The total price for this fire tower or parts, F.O.B. destination is $160,559.00 as described below:* See tax note below Freight:$16,830.00 Freight + Material Price:$177,389.00 Price Includes The Following: 1. (13) new exterior door signs (including attachment hardware). 2. (33) New hold opens for all existing shutters and burn room doors (including attachment hardware). 3. All new exterior pre-hung doors (11 - 3070 and 1 - 6070) (including keyed alike hardware). 4. Replacement bar grating for all existing balconies (4' x 46'-6" long balcony, and [4] 4' x 11' long balconies). 5. (32) Interior & exterior operating lever latches for existing shutters and burn room doors. 6. (30) New spring closures for all existing burn room doors ([2] springs per door) (including attachment hardware). 7. (4) Replacement 3' x 7' Roll-Up Door(s) for elevator shaft (including attachment hardware). 8. Replacement roof paneling for both tower (25 'x 22') and residence (11' x 22') flat roofs (including attachment hardware). 9. (5) Replacement sets of (3) chains (15 chains total) for existing roof railing or parapet openings. 10. New perimeter roof railing for annex including (2) chain gates at sidewalls next to residence. 11. (2) New BTI Fire Training Door(s) - Includes (100) 1800 psi Breaching Pins - to replace existing power jamb doors. 12. (4) New Forged Swivel Rappelling Anchors (Rated for 10,000 lb Ultimate Load And 1,000 lb Working Load) 13. (1) Brass assembly with wheel valve for existing standpipe. 14. Westec insulating system for lining ceiling of 2nd floor BR (11' x 16', w/ bulkheads) w/ (4) wall corner trims & (2) Probes. 15. Westec insulating system for lining the ceiling of 3rd floor burn room (10' x 18') w/ (4) wall corner trims & (2) probes. 16. (13) Replacement burn room louver vents for all existing burn rooms. 17. (8) Quarts (2 gallon total) of classic beige touch up paint for exterior wall / trims. 18. (8) Pints (1 gallon total) of cedar red touch up paint for framed opening trims. 19. (5) New 16 Ga. Galv. Removable Cover With Handles, Hold Down Latches, and Connection Chain for existing roof curbs. 20. (6) New gap rails for interior stair openings. 21. (2) New Scout Temp. Meter(s): Data Logging, Internal Alarms, Relay For Ext. Alarms, Bluetooth Enabled 22. (4) New 100' thermocouple probes for attachment to new pyrometers listed above. 23. Replacement 10' Tall Fire Escape w/ platform (re replace existing). 24. Replacement 3'-0" x 4'-0" shutter for 2nd floor. 25. (9) Replacement End Rail Loops (#EPA-3) Note:1. All new railing / bar grate / stairs to be Hot Dipped Galvanized and Meet NFPA 1402/Building Code Requirements 2. Exact dimensions of the room(s) layout will need to be provided if this becomes an order. 3. Existing trims will need to be removed and reused in new roof panel areas. 4. Milcor floor doors were not included in price above. Westec Burn Room Insulation System (The Industry's Best Includes A 15 Year Limited Warranty With Over 450 Installations Payment is due in full, 30 days from ship date. Prices quoted in U.S. Dollars. Prices include the design, materials, fabrication, and freight only - foundation and erection labor prices only if shown. 3004.eff.0423 Applicable taxes may need to be added based on location. Prices effective 60 days from date of this proposal.1 of 1 "ASK BEFORE YOU BUY" - THE ONLY MAJOR STEEL FIRE TRAINING TOWER MANUFACTURED IN THE UNITED STATES 191 15115 Torrey Pines Circle Chowchilla, CA 93610 559.201.9335 | burkediversified.com CSLB No. 1028504 | DIR PWC No. 1000061093 October 22, 2023 City of South San Francisco Attn: Lawrence Henriquez, P.E. 315 Maple Avenue South San Francisco, CA 94080 Re: City of South San Francisco Fire Training Tower Maintenance Revised Proposal to Include Additional Work Identified In TJC Technical Memorandum Dear Mr. Henriquez, Burke Diversified dba Burke Construction Co. is pleased to provide its revised proposal of Two Hundred Twenty Thousand One Hundred Dollars ($220,100.00) to install parts furnished by Fire Facilities as outlined in its proposal dated August 10, 2023. Our proposal specifically includes the following: - Unload and stage material in advance of installation if necessary. - Collection and disposal of all packaging, crates, etc. from delivered materials. The scope of work has increased, incorporating recommendations of TJC’s Technical Memorandum including but not necessarily limited to the following: - Rust removal and painting/spray galvanizing of floor joists and mezzanine framing members per TJC Technical Memorandum. - Removal and replacement of guardrail end cap assemblies (furnished by Fire Facilities) If you have any questions, please do not hesitate to contact the undersigned at (559) 232-6181. Sincerely, Burke Construction Co. Jason E. Burke President 192 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 Draeger, Inc.__, (“Consultant”) effective as of December 11, 2023 (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”):__replace gas detection for burn tower, replace exterior exhaust fans, upgrade fire props control system, gas detector cover panel, and other components, as more specifically described in the Scope of Services, attached hereto as Exhibit A. The Work shall commence on __December 11, 2023_and shall be completed to the satisfaction of the City by _March 8, 2024_ 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: _FIVE-HUNDRED AND SEVEN THOUSAND FOUR-HUNDRED AND THIRTY-THREE DOLLARS ($507,433) for the full and satisfactory completion of the Work in accordance with the terms and conditions of this Agreement. 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 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 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. 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. 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. EXHIBIT B 193 Short Form Services Agreement [Rev:11/14/2016] 2 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. D.Professional Liability Insurance in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions. 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 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. 194 Short Form Services Agreement [Rev:11/14/2016] 3 (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 B. 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 (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: 195 Short Form Services Agreement [Rev:11/14/2016] 4 Contractor: Draeger, Inc. 7256 S. Sam Houston W Pkwy, Suite 100 Houston, Texas 77085 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: DRAEGER, INC.: By: _____________________________ By:__________________________ Sharon Ranals, City Manager Print Name: _ John Wilson __ Title: __ ______________ By: __________________________ Print Name: ____Graeme Roberts__ Title: _________________________ APPROVED AS TO FORM: ____________________________ City Attorney 2729961.1 196 Dear Customer, Thank you for your inquiry. Please find enclosed our corresponding offer. If you have any further questions, please do not hesitate to contact us. Quotation no.: 136213173 Responsible: MATT LUCHETTA Best regards Draeger Inc. This document has been electronically generated and is valid without a signature. Customer SOUTH SAN FRANCISCO FIRE DEPARTMENT 480 N CANAL ST SOUTH SAN FRANCISCO CA 94080-4603 Draeger Inc.Remit to: Remit to: Remit US Wire Transfers to: Our Tax ID: 23-1699096 LOCKBOX (Standard USPS)LOCKBOX (Overnight)Account Name: Draeger Inc. 3135 Quarry Road; Telford, PA 18969 Draeger, Inc. FIS Lockbox Processing Account Number: 00-494-936 An Equal Opportunity Employer M / F / V / H PO Box 13369 Lockbox #13369 Transit Routing: 021001033 Telephone 800-437-2437 Newark, New Jersey 100 Grove Road SWIFT: BKTRUS33 http://www.draeger.com 07101-3362 Suite E Deutsche Bank Trust Company Americas West Deptford, NJ 08066 60 Wall Street 25th Fl, New York, NY 10005 Quotation Customer no.Quotation no. Date of offer 91172728 136213173 09/28/2023 Please reference on inquiries Payer 91172728 SOUTH SAN FRANCISCO FIRE DEPAR 480 N CANAL ST SOUTH SAN FRANCISCO CA 94080-4 Your request RFQ REVISION DATE: 09/25/2023 Ship-To party 91172728 SOUTH SAN FRANCISCO FIRE DEPT 480 N CANAL ST SOUTH SAN FRANCISCO CA 94080 Telephone: 626-614-7975 E-mail: matt.luchetta@draeger.com 197 0010 1EA 1903015 GAS DETECTION REPLACEMENT & SERVICE 49,620.99 49,620.99 - Includes site install and service by Dräger personnel. - 12-month limited parts warranty. - Fully replace Gas Detection for Burn Tower. - Nine (9) Draeger Polytron Gas Detector replacements, includes calibration and connection to existing control system - Calibration kit with zero and span gas included for regular monthly calibration by customer - Reuse wiring and conduit between gas detectors and control panels. - Reuse gas detector stainless shrouds and panels. - Perform overall system service to clean, test and inspect all gas and electrical components. Perform detailed technical inspection to confirm scope of system upgrade is correct. Pricing information for subsequent work activities may be revised following this visit. Note: This work must be performed to continue with items 20 and/or 30. 0020 1EA 1903015 REPLACE EXTERIOR ESTOP 3,955.45 3,955.45 - Material supply only. See line 0070 for lump sum cost of install and commissioning by Dräger personnel. - 12-month limited parts warranty. - Exterior Estop identified as requiring replacement. - 7x total E-stops located at the Training Tower. 6x interior and 1x exterior. Pos. Quant. Part no. Description Unit price Total price USD USD Quotation Customer no.Quotation no. Date of offer 91172728 136213173 09/28/2023 Please reference on inquiries Payer 91172728Page 2 / 8 PLEASE SUBMIT / REFER TO THIS QUOTATION WHEN PLACING YOUR ORDER 198 - Interior E-stop condition is okay and is not included in replacement - If additional E-stops are desired to be replaced this item may be incremented for multiple units. - Reuse wiring and conduit between E-stop and control panels. - Renew or replace any conduit fittings showing signs of corrosion Fire Props Control System Upgr Full Building System Service. Upgrade of existing fire training systems to include the following features: - Item 10 must be completed prior to or in conjunction with this work - Interior Burn Building: Pendant upgrade, replace body/switches, upgrade communications to Wifi protocol - Interior Burn Building: Control Panel upgrade, new touch-screens, upgrade control screen program. WiFi enable for WLAN, upgrade to tablet / iPad control. (iPad not included) - Interior Burn Building: Replace building industrial panels with stainless steel NEMA panels, reuse gas valve trains and controls. Reuse building services / conduit / pipe where possible. Reinstall conduit / piping where necessary. NOTE: selection of this option will require several tear-out and reinstallation trips, and access to the burn building for ~10 weeks (burn building will be out of commission for 10 weeks). 0040 1EA 1903015 COVER HALLWAY GAS DETECTOR 711.00 711.00 Pos. Quant. Part no. Description Unit price Total price USD USD Quotation Customer no.Quotation no. Date of offer 91172728 136213173 09/28/2023 Please reference on inquiries Payer 91172728Page 3 / 8 0030 1EA 1903015 FIRE PROPS CONTROL SYSTEM UPGRADE 238,143.73 238,143.73 199 - Material supply only. See line 0070 for lump sum cost of install and commissioning by Dräger personnel. - 12-month limited parts warranty. - Gas Detector Panel on Level 2 identified as corroded. - 9x total Gas Detectors located at the Training Tower. 6x in burn rooms and 2x in hallways. - Burn Room Gas Detectors have additional Stainless Steel Cover Panel. These are in good condition and not included in replacement - Similar Stainless Steel Cover Panel to be installed on hallway gas detector to prevent further corrosion - Reuse wiring and conduit between Gas Detector and control panels. - Renew or replace any conduit fittings showing signs of corrosion Note: Gas Detector replacement was previously advised based on obsolete model of Gas Detector in use. This Cover Panel does not address this. 0050 1EA 1903015 GAS DETECTOR COVER PANEL 711.00 711.00 - Material supply only. See line 0070 for lump sum cost of install and commissioning by Dräger personnel. - 12-month limited parts warranty. - Gas Detector Panel on Level 4 identified as corroded. - 9x total Gas Detectors located at the Training Tower. 6x in burn rooms and 2x in hallways. - Burn Room Gas Detectors have additional Stainless Steel Cover Panel. These are in good condition and not included in replacement - Similar Stainless Steel Cover Panel to be installed on hallway gas detector to Pos. Quant. Part no. Description Unit price Total price USD USD Quotation Customer no.Quotation no. Date of offer 91172728 136213173 09/28/2023 Please reference on inquiries Payer 91172728Page 4 / 8 200 prevent further corrosion - Reuse wiring and conduit between Gas Detector and control panels. - Renew or replace any conduit fittings showing signs of corrosion Note: Gas Detector replacement was previously advised based on obsolete model of Gas Detector in use. This Cover Panel does not address this. 0060 1EA 1903015 REPLACE EXHAUST FAN 40,916.82 40,916.82 - Material supply only. See line 0070 for lump sum cost of install and commissioning by Dräger personnel. - 12-month limited parts warranty. - Exterior Exhaust Fans identified as requiring replacement. - 3x total Exhaust Fans located at the Training Tower - If some Fans are not desired to be replaced this item may be reduced for 1 or 2 units. - Reuse wiring and conduit between Exhaust Fan and control panels. - Replace Exhaust Fan disconnect, speed sensor mounted at fan location - Renew or replace any conduit fittings showing signs of corrosion Pos. Quant. Part no. Description Unit price Total price USD USD Quotation Customer no.Quotation no. Date of offer 91172728 136213173 09/28/2023 Please reference on inquiries Payer 91172728Page 5 / 8 0070 1EA 1903015 INSTALLATION & COMMISSIONING 116,768.13 116,768.13 - Line 0020 must be completed prior to or in conjunction with this work - 12-month limited parts warranty. - Dräger scope for site installation to include equipment rentals, disposal of old equipment, connection, commissioning - Dräger scope excludes site prep and site utilities / supply (underground conduit and pipe, permits, inspections - Dräger scope includes travel-cost provisions for installing line items 0010 - 201 0060 in one trip. (i.e. travel costs in the case of separate purchases/installation will be quoted separately). Overall, this work will require two trips, and access to the burn building for ~2 weeks minimum (meaning the burn building will be out of commission for 2 weeks). - "Scope-of-work Split" to be confirmed along with technical spec at time of contract. - Timing of installation to be confirmed along with schedule at time of contract. - Please note: Dräger highly recommends full supply system testing. Pressure testing of piping, inspection of tank farm, and inspection of electrical supply prior to our install. Failure of either the tank-farm/propane supply, or the electrical supply will delay install and incur additional costs. - Damaged equipment, failed equipment, any unforeseen component replacement, labor charges for service will be quoted at standard rates. --------------------------------------- ----------- ----- ------------ Net value excl. Sales Tax 462,914.12 + Net Sales Tax 44,519.17 --------------------------------------- ----------- ----- ------------ Total amount 507,433.29 ======================================= =========== ===== ============ Pos. Quant. Part no. Description Unit price Total price USD USD Quotation Customer no.Quotation no. Date of offer 91172728 136213173 09/28/2023 Please reference on inquiries Payer 91172728Page 6 / 8 0080 1EA 1903010 FREIGHT TO CUSTOMER SITE 12,087.00 12,087.00 202 Payment terms: 30 days after invoice date Pos. Quant. Part no. Description Unit price Total price USD USD Quotation Customer no.Quotation no. Date of offer 91172728 136213173 09/28/2023 Please reference on inquiries Payer 91172728Page 7 / 8 PLEASE CHECK THIS QUOTE CAREFULLY FOR ACCURACY IN PRICING, PART # AND DESCRIPTION. Contact Customer Service immediately if there are any discrepancies. This acknowledgement and note constitutes the entire agreement with respect to the contemplated transaction and supersedes all previous negotiations, proposals, writings, advertisements, or publications. Draeger, Inc. and the Customer agree that the purchase of any product or service pursuant to this document is subject to the attached terms and conditions, which are incorporated by reference. Offer valid until:12/28/2023 Delivery time to be coordinated with customer training schedule and burn building availability. Subject to project backlog at time of order entry. 203 A. 25% of total project price will be invoiced on notice to proceed. B. 50% of total project price will be invoiced when equipment is shipped. C. 25% will be invoiced when installation and training are complete and system is handed over. In the event Customer is not ready for product to be delivered on the confirmed delivery date, Customer must notify Draeger, Inc. 30 days prior to confirmed delivery date to reschedule. If Customer fails to provide notification, Draeger, Inc. may invoice Customer for products and any additional costs to hold product until Customer is ready for delivery. Pos. Quant. Part no. Description Unit price Total price USD USD Quotation Customer no.Quotation no. Date of offer 91172728 136213173 09/28/2023 Please reference on inquiries Payer 91172728Page 8 / 8 Notes: 1) Please note prevailing wages are included in this quotation. 2) All funds are in US Dollars. 3) Bonding price, if required, not included. 4) Price information valid 90 days from date on form. Pricing is subject to change once quotation is past validity. 5) Any building or electrical contractor permits are responsibility of customer and are not included. 6) Warranty is 12 months after handover. 7) Training Systems which have completed fabrication but cannot be delivered due to delays on the part of the customer, may be charged a Storage Fee in the amount of 2% of the project value, to be assessed every thirty days after an initial 30-day free storage period has passed, until delivery is possible. 8) Milestone Payment terms: 204 1 U.S. Terms and Conditions of Sale (Safety) Effective – July 2023 4877-6831-8559, v. 4 DRAEGER, INC. TERMS AND CONDITIONS OF SALE (SAFETY) 1. GENERAL. These terms and conditions are integral to the agreement governing the sale and purchase of goods (“Goods”) and service (“Service”) between the seller, Draeger, Inc. (“Draeger”), and the purchaser (“Customer”). Goods and Service are referred to herein collectively as “Product.” The agreement governing this sale and purchase of Product (“Agreement”) consists of the following, all of which are hereby incorporated herein by reference: (i) these terms and conditions, (ii) the written sale or service agreement, if any, signed by Draeger and Customer (referred to herein singularly as “Party” and collectively as the “Parties”), including schedules thereto, that is in effect on the date the applicable Purchase Order (“PO”) is delivered to Draeger, and any amendments thereto (“Contract Document”), (iii) any price quote (“Quote”), and (iv) any PO submitted by Customer with respect to a Quote; provided, however, Draeger shall not be bound by any terms, conditions, or other provisions in a PO that are different from, in addition to, or inconsistent with, the other provisions of this Agreement. 2. PRICES. (a) Prices are as stated in the Contract Document. If no Contract Document is in effect at the time the order is filled, the prices shall be as stated on the applicable Quote; provided, that such Quote is valid at that time. In all other cases, prices are those currently in effect on Draeger’s standard price list at time of shipment. Unless otherwise stated in writing by Draeger, prices include the cost of standard domestic packing. Prices exclude charges for freight, unloading, storage, insurance, taxes, excises, fees, duties, or other charges related to Product. Customer shall bear the cost of all applicable sales, use, property, excise, and manufacturer’s taxes and any duties, license, or similar fees, which may be imposed upon the sale, use, or performance of the Product. (b) If this Agreement is for multiple years, then the prices set forth herein are fixed only for the first 12 months hereof. Thereafter, Draeger may adjust the prices (“Price Adjustment”), pursuant to a proposed Price Adjustment notice (“Price Adjustment Notice”). Draeger shall provide the Price Adjustment Notice to Customer, in writing, specifying the adjustment, no less than 90 days in advance of a proposed Price Adjustment (“Price Adjustment Notice Period”). If Customer objects to the proposed Price Adjustment during the Price Adjustment Notice Period, then, notwithstanding anything else in this Agreement to the contrary, Draeger may cancel this Agreement with 60 days’ notice without penalty (“Price Termination Notice”). During the 60-day Price Termination Notice period, Customer may continue to purchase Products at the then- current price. If Customer does not object to the proposed Price Adjustment, then such proposed Price Adjustment shall go into effect on the date stated in the proposed Price Adjustment Notice and shall be incorporated herein by reference. Draeger shall fill all POs received prior to the effective date of the Price Adjustment or, if earlier, the termination of this Agreement, at the then-current prices. Unless otherwise agreed to by Draeger and Customer, all other terms, conditions, and provisions of this Agreement shall continue unchanged and remain in full force and effect after any such Price Adjustment. A Price Adjustment does not obligate any of the Parties to agree to any other modification of this Agreement. 3. PAYMENT TERMS. (a) Unless otherwise agreed in writing, Customer shall make payment in full without any set-off (for any reason) no later than 30 days from the date of invoice in United States Dollars (“USD”). Partial shipments of Goods shall be invoiced as shipped. Draeger reserves the right to require (i) payment in advance, (ii) cash on delivery, or (iii) a modification of credit terms. (b) Notwithstanding the foregoing, payment on advance orders paid by credit card shall be charged and paid for at that time of the order. All payments made with personal credit cards may include an administrative fee of up to 2.8% of the value on the invoice. Payments made through corporate purchasing credit cards may include an administrative fee of up to 2.5% of the value on the invoice. (c) Draeger reserves the right in the event of late payment: (i) to suspend all deliveries or Service or to cancel any of its outstanding obligations under this Agreement; or (ii) to charge interest on the late payment calculated on a day-to-day basis until the actual date of payment at the lower of (A) an annual rate of 12% or (B) the maximum rate allowed by law. Such remedies are in addition to any other rights or remedies available to Draeger under the law. (d) If Customer pays less than the full amount due, the payment will be applied toward the outstanding balance. Draeger’s acceptance of part of the amount due shall not interfere with Draeger’s right to recover the balance of the amount due or right to pursue any other right or remedy under the law. (e) All POs are subject to credit approval by Draeger. 4. DELIVERY, INSTALLATION, RISK, AND TITLE. (a) Title to, and risk of loss for, the Goods shall pass to Customer upon delivery as determined on the basis of FCA (INCOTERMS 2020) prepay and add all related transportation and insurance costs as a separate line item to the invoice to Customer unless Customer provides their own transportation provider and/or account number in which case the delivery is determined on the basis of EXW (INCOTERMS 2020). Upon passage of title of the Goods from Draeger to Customer or, if earlier, the date as of which Draeger makes a commercially reasonable attempt to deliver Goods, Customer shall be responsible and liable for, and agrees to defend and indemnify Draeger against, all claims, injuries, losses fines, penalties, damages, or costs resulting from Customer’s storage, handling, disposal, release, use, or resale of the Goods or their containers. (b) Delivery, installation, and completion dates are only approximate and Draeger will not be liable for failure to meet such dates. Notwithstanding the foregoing, Draeger shall use reasonable efforts to meet quoted delivery, installation, and completion dates. Partial shipments may be made at Draeger’s sole discretion or, with Draeger’s consent, at Customer’s request. (c) Unless stated otherwise in writing by Draeger, freight and transportation costs, including standard ground transportation, packing, custom duties, and other similar charges, shall be borne as follows: (i) for PO orders equal to or less than $15,000, Customer shall bear all such costs, (ii) for PO orders greater than $15,000, Draeger shall bear all such costs. Notwithstanding the foregoing, in the event Customer requests an expedited order, Customer shall bear the additional costs. (d) Customer shall use commercially reasonable efforts to allow for timely delivery of Goods, including, without limitation, providing instructions, granting access during Customer’s business hours (or such other time agreed by the Parties), and obtaining any required licenses or permits. (e) Installation costs, if applicable, are included in the price of Goods, unless indicated as a separate Service on the Contract Document or Quote. Customer is responsible for ensuring that the installation site is fully prepared prior to installation and for bearing all costs necessary to prepare site for installation in accordance with Draeger’s instructions, including, without limitation, (i) engaging in any required labor, (ii) acquiring any required materials, (iii) to the extent applicable, ensuring that the Customer’s network (A) meets any Draeger specific requirements, and (B) is fully functioning as mandated by all manuals and other instructions requested of Customer by Draeger, and (iv) ensuring compliance with all governmental requirements, including without limitation, all certifications and approvals for installation and operation. Customer shall provide to Draeger or its subcontractor, as applicable, access to the installation site and, if required, safe and secure space on site for storage of Goods and equipment prior to and during installation. 5. ACCEPTANCE. Customer shall inspect Goods received and notify Draeger of any Nonconforming Goods prior to acceptance. Goods shall be deemed to be accepted by Customer 15 days from date of delivery; provided, however, that (i) if earlier, acceptance shall occur immediately on the first day Customer uses Product, or (ii) with respect to Goods requiring installation (other than connection to Customer network), acceptance shall occur on the earlier of 5 days after installation or 30 days after delivery. Installation shall be deemed to be completed upon final verification under Draeger’s standard procedures that Goods meet all applicable written performance obligations. For this purpose, “Nonconforming Goods” means (i) Goods that are different from those identified on the PO confirmation or (ii) Goods with label or packaging that incorrectly identifies contents. Draeger shall, at its sole discretion, replace Nonconforming Goods with conforming Goods or credit or refund the price of Nonconforming Goods. Such remedy is the exclusive remedy for Nonconforming Goods. Draeger shall bear the shipping costs related to return and replacement of Nonconforming Goods. 6. CHANGES AND RETURNS. (a) POs may not be changed or canceled after PO is accepted by Draeger. (b) Draeger reserves the right, subject to written notice, to substitute Goods or change specifications of Goods, which, in Draeger’s judgment, does not materially affect the installation, performance, function, or price thereof. Goods may only be returned with prior authorization from Draeger. Eligible returns must follow the Customer Material Return Process in effect at the time of return as specified at https://www.draeger.com/Library/Content/RMA-Process-Safety-2023.pdf and which is hereby incorporated herein by reference (“RMA Process”). Unless warranty applies or in the case of a Nonconforming Good, restocking fees of up to 25% may apply. 7. DELAY OR FAILURE TO PERFORM OBLIGATIONS. (a) Draeger shall not be deemed to be in breach or otherwise liable for any delay or failure in performance of any of its obligations under this Agreement caused, in whole or in part, by any act or omission of Customer or its agents, subcontractors, or employees. (b) Neither Party shall be liable for failure to perform obligations (except for payment obligations) under this Agreement to the extent that such failure arises out of events beyond its reasonable control including, but not limited to, acts of government or compliance with any governmental laws, rules or regulations, acts of God, war, terrorist threats or acts, civil disturbance, fire, or other casualty, pandemic, strike, labor dispute, or unavailability of labor, carriers, raw materials, power, or supplies. Any delivery date may be extended, at Draeger’s option, to the extent of any delay resulting from any such event. 8. WARRANTY. (a) Goods. Draeger warrants that under normal use and with prescribed maintenance, storage, and care, Goods are free from defects in material and workmanship for the warranty period. Except as provided in a separate warranty statement in Goods manual or otherwise provided with Goods, the warranty period for new capital equipment is 12 months from date of delivery and disposable and consumable Goods (excluding sensors) are warranted at time of delivery only. All other Goods are warranted for 90 days from (i) date of delivery or (ii) in the case of software, date of implementation sign- off, or first productive use. Warranty is conditioned on (i) Customer providing immediate written notice of warranty-related claim to Draeger and following RMA Process, (ii) no repairs, modifications, or alterations being made to Goods other than by Draeger or its authorized representatives, (iii) Customer handling, using, storing, installing, operating, cleaning, and maintaining Goods in compliance with the instructions and specifications provided with Goods or incorporated into this Agreement, (iv) use of Goods only for the use intended by Draeger, (v) defect not related to the attachment of Goods to non-Draeger 205 2 U.S. Terms and Conditions of Sale (Safety) Effective – July 2023 4877-6831-8559, v. 4 supplied equipment or to Customer’s network issues, (vi) Customer having fulfilled its payment obligations for Goods, and (vii) an inspection by Draeger that reveals that Customer’s claim is valid under the terms of the warranty. Customer’s remedy for a breach of this warranty is limited to repair, replacement, credit, or refund, at the sole option of Draeger. Repair or replacement may be with parts or product that are new, used, or refurbished. Repairs or replacements shall not interrupt, extend, or prolong the warranty period. (b) Service. Draeger warrants that the Service shall be performed in a professional manner in accordance with generally recognized industry standards for similar service. Claims for breach of this Service warranty must be submitted to Draeger in writing within 90 days of the completion of Service. Customer’s remedy for breach of Service warranty is limited to reperformance, credit, or refund, at the sole option of Draeger. (c) Third-Party Product. If this Agreement includes the sale of third-party product not manufactured by Draeger or any of its affiliates, such products are provided to Customer solely at the direction of Customer with no recommendation by Draeger. Draeger makes no warranty for any third-party product. Customer’s sole warranty for any third-party product, if any, is the original manufacturer’s warranty, which Draeger agrees to pass on to Customer, as applicable. The obligation of Customer to pay Draeger for the third-party product is absolute and unconditional, and Customer waives and releases Draeger from all claims, damages, and losses arising out of such third-party product regardless of any claims Customer may have regarding such third-party product. (d) No Other Warranties. THE WARRANTIES IN THIS SECTION 9 ARE THE SOLE AND EXCLUSIVE WARRANTIES MADE WITH RESPECT TO PRODUCT. DRAEGER MAKES NO OTHER WARRANTY EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, TITLE, THIRD-PARTY NONINFRINGEMENT, COURSE OF DEALING, AND USAGE OF TRADE. DRAEGER DOES NOT WARRANT OR GUARANTEE THAT ANY PRODUCT WILL BE SECURE FROM CYBER THREATS, HACKING, OR SIMILARLY MALICIOUS ACTIVITY. DRAEGER DOES NOT WARRANT ANY CUSTOMER OR THIRD-PARTY PROVIDED NETWORK OR THE PERFORMANCE OF PRODUCT AS IMPACTED BY SUCH NETWORK CONNECTION. 9. SERVICE BRIDGE SOLUTION. If Customer’s use of Goods purchased is likely to be interrupted or delayed for an extended period due to the need to service the Goods, delay in delivery, or recall, upon Customer’s request, Draeger may, to the extent available, temporarily place reasonably comparable equipment with Customer for its use until such time as the affected Goods are returned, repaired, or delivered, as applicable. Such placement is part of Draeger’s warranty, contracted Service, or recall obligations, as applicable, and provided at no additional charge to Customer. Customer’s option for such temporary use of equipment shall mitigate any damages or losses, if any, that would otherwise be incurred by Customer for such period. 10. INDEMNITY. To the extent permitted under applicable law, Draeger and Customer (each as “Indemnitor”) shall indemnify the other Party and its affiliates (collectively “Indemnitee”) from and against all third-party claims alleging bodily injury, death, or damage to the third-party’s tangible property, but only to the extent caused by the Indemnitor’s negligence or willful misconduct. No part of Customer’s sites is considered third-party property for purposes of this indemnity. Indemnitee shall provide Indemnitor with prompt written notice of any third-party claims covered by this Section 10. Indemnitor has the unrestricted right to select and hire counsel and the exclusive right to conduct the legal defense or settle the claim on the Indemnitee’s behalf; subject to Indemnitee’s consent, which shall not be unreasonably withheld or delayed. Indemnitor shall not make any admissions that might be prejudicial to the Indemnitee. 11. INSURANCE. If during the term of this Agreement Draeger may need access to Customer’s premises to perform Service or for other reasons, Customer shall, at its own expense, maintain and carry insurance in full force and effect which includes, but is not limited to, commercial general liability in a sum no less than $1,000,000 per occurrence and $5,000,000 in the aggregate with financially sound and reputable insurers. Upon Draeger's request, Customer shall provide Draeger with a certificate of insurance from Customer's insurer evidencing the insurance coverage specified in this Agreement and which names Draeger as an additional insured. Customer shall provide Draeger with 30 days advance written notice in the event of a cancellation or material change in Customer's insurance policy. Except where prohibited by law, Customer shall require its insurer to waive all rights of subrogation against Draeger's insurers and Draeger. 12. LIMITATION OF LIABILITY. IN NO EVENT SHALL ANY PARTY BE LIABLE TO THE OTHER PARTY OR THEIR AFFILIATES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY, OR ANY OTHER LEGAL THEORY, FOR LOST PROFITS OR LOST STORED, TRANSMITTED, OR RECORDED DATA, OR FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, WITH RESPECT TO ANY MATTERS RELATING TO THIS AGREEMENT, REGARDLESS OF WHETHER THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF THE SAME. DRAEGER’S MAXIMUM LIABILITY UNDER THIS AGREEMENT IS THE ACTUAL PURCHASE PRICE RECEIVED BY DRAEGER FOR THE PRODUCT THAT GIVES RISE TO THE CLAIM. 13. PATENT, TRADEMARK, AND OTHER INFRINGEMENT CLAIMS. In the event of any claim, suit, or proceeding brought against Customer alleging any Draeger manufactured Good violates any patent, trademark, or copyright about which Customer notifies Draeger in writing within 5 days after Customer becomes aware of the allegation, Draeger shall, at its option and expense, (i) defend such claim, suit, or proceeding, (ii) procure the Customer’s right to use the Good, (iii) remove or modify the Good to avoid infringement, or (iv) allow Customer to return the Good and refund the purchase price paid to Customer less reasonable depreciation for Customer’s use of the Good. In the event of defense of such claim, suit, or proceeding, Customer shall give Draeger information, assistance, and exclusive authority to fully control the defense and settlement of such claim, suit or proceeding. This indemnity shall not apply if Customer modifies or combines, operates, or uses the Good with any product, data, software, apparatus, or program not provided by Draeger and Customer shall indemnify and hold Draeger harmless against any liability or expense, including reasonable attorneys’ fees, incurred by Draeger in connection therewith. 14. RIGHTS IN SOFTWARE, DOCUMENTATION, AND INTELLECTUAL PROPERTY. To the extent software, data, or other documentation or information (collectively, “Software”) is embedded in or delivered with any Goods sold under this Agreement, the sale of such Goods shall not constitute the transfer of the ownership rights in such Software. The Software shall remain Draeger’s property and Draeger grants to Customer a non-exclusive, non-transferable license solely to use the Software for the purpose, and in the manner, for which the Software was designed and produced. Customer shall not modify, reverse engineer, or create derivative works based on any of the Software, or permit any third party to do so. In addition, to the extent any third-party software is included in the Software, Customer will comply with any third-party software license terms provided by Draeger to Customer. Software that is provided separately to Customer as a Product is not included under this Section 14, but is governed under a separate license agreement, and may be subject to a licensing fee. 15. DATA PROTECTION. The Parties agree to comply with any privacy and data protection laws, including without limitation the General Data Protection Regulation (GDPR), to the extent relevant to the exchange of data between the Parties or storage or exchange of data in connection with Product provided hereunder. 16. TERMINATION. In addition to any remedies that may be provided under these terms and conditions, Draeger may terminate this Agreement or any part thereof with immediate effect upon written notice to Customer, if Customer: (i) fails to pay any amount when due under this Agreement and such failure continues for 30 days after Customer's receipt of written notice of nonpayment; (ii) has not otherwise performed or complied with any obligations of this Agreement, in whole or in part; (iii) becomes insolvent, files a petition for bankruptcy or commences or has commenced against it proceedings relating to bankruptcy, receivership, reorganization or assignment for the benefit of creditors; or (iv) undergoes a change of control or ownership. 17. CONFIDENTIAL INFORMATION. All non-public, confidential, or proprietary information of Draeger disclosed by Draeger to Customer, whether disclosed orally or disclosed or accessed in written, electronic, or other form or media, and whether or not marked, designated, or otherwise identified as "confidential" in connection with this Agreement is confidential, solely for the use of performing this Agreement and may not be disclosed or copied unless authorized in advance by Draeger in writing. This Section does not apply to information that is: (a) in the public domain; (b) known to Customer at the time of disclosure without any confidentiality or restriction on use; or (c) rightfully obtained by Customer on a non-confidential basis from a third-party. 18. OTHER TERMS. (a) Compliance with Laws. The Parties shall comply with all applicable laws and regulations, including, but not limited to, any laws and regulations relating to the import, or export, of any Product or associated technical data. (b) Benefit and Assignment. Neither Party may assign, subcontract, or delegate any rights or obligations under this Agreement, without the prior written consent of the other Party, unless otherwise stated in this Agreement. Notwithstanding the foregoing, Draeger may assign any of its rights and obligations under this Agreement to one of its affiliates without notice to, or consent of, Customer. This Agreement shall inure to and be binding on the Parties and their respective successors, permitted assigns, and legal representatives. This Agreement is for the sole benefit of the Parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement. (c) Modification. This Agreement may not be changed, modified, or amended, except in writing signed by duly authorized representatives of the Parties. (d) Governing Law, Venue, and Waiver of Jury Trial. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without giving effect to any conflict of law provisions. The Parties hereto hereby agree that the application of the United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement and is expressly excluded. Any legal suit, action, or proceeding arising out of or relating to this Agreement shall be brought before a court of competent of jurisdiction located in the Commonwealth of Pennsylvania. The Parties irrevocably submit to the exclusive jurisdiction of such courts in any such suit, action, or proceeding. EACH PARTY WAIVES ALL RIGHTS TO A TRIAL BY JURY IN CONNECTION WITH ANY DISPUTE ARISING UNDER THIS AGREEMENT. 206 3 U.S. Terms and Conditions of Sale (Safety) Effective – July 2023 4877-6831-8559, v. 4 (e) Integration and Survival. This Agreement together with any attachments or other documents incorporated by reference herein, constitute the entire agreement. The terms of this Agreement that by their nature are intended to survive its expiration or termination will continue in full force and effect after its expiration or termination. (f) Severability; Headings. No provision of this Agreement, which may be deemed unenforceable, will in any way invalidate any other portion or provision of this Agreement. Section headings are for reference only and will have no substantive effect. (g) Waiver. No waiver of any of the provisions of this Agreement is effective unless explicitly set forth in writing and signed by the Parties. No failure and no delay in exercising, on the part of any Party, any right under this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right preclude the further exercise of any other right. (h) Relationship of the Parties. The Parties are independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture, or other form of joint enterprise, employment, or fiduciary relationship between the Parties, and neither Party shall have authority to contract for or bind the other Party in any manner whatsoever. (i) Injunction. Customer agrees that the remedies at law may be inadequate to protect Draeger against any actual or threatened breach of Sections 14 or 17 of this Agreement, and, without prejudice to any other rights and remedies otherwise available, Draeger will be entitled to seek injunctive relief. (j) Limitation of Actions. Any action against Draeger arising out of this Agreement shall be commenced within one year from the date such cause of action has accrued, otherwise the same shall be barred. (k) Notices. Notices shall be in writing and shall be deemed served upon receipt and shall be delivered in person or by nationally recognized courier or certified mail to Draeger, Inc. 3135 Quarry Road, Telford, PA 18969, Attention President with a copy to the same address to the attention of General Counsel (such copy shall not constitute service of process). End of Terms and Conditions of Sale (Safety) 207 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:23-963 Agenda Date:11/8/2023 Version:1 Item #:10. Report regarding a resolution awarding a construction contract to Raposo Engineering Inc.of Hayward, California for the Karyl Matsumoto Plaza Project (Project No.ST1603)in an amount not to exceed $540,523.10,authorizing a total construction budget of $621,601.57,and authorizing the City Manager to execute agreements on behalf of the City and approving Budget Amendment #24.018.(Philip Vitale,Deputy Director of Capital Projects) RECOMMENDATION Staff recommends that the City Council adopt a resolution awarding a construction contract to Raposo Engineering Inc.of Hayward,California for the Karyl Matsumoto Plaza Project (Project No.ST1603)in an amount not to exceed $540,523.10,authorizing a total construction budget of $621,601.57,and authorizing the City Manager to execute agreements on behalf of the City and approving Budget Amendment #24.018. BACKGROUND/DISCUSSION The Karyl Matsumoto Plaza is located between the west entrance of the South San Francisco Caltrain Station tunnel and the intersection of Airport Boulevard and Grand Avenue.This plaza was originally part of the development agreement for the 200 Airport Boulevard project.Unfortunately,the timing of the plaza construction was delayed due to the completion of the residential development at 200 Airport Boulevard and work by PG&E to improve the reliability of their gas distribution lines in the vicinity.As a result of this delay, the responsibility for the construction of the plaza was transferred back to the City.The City took the opportunity to incorporate public art into the project along with the dedication of the plaza to Karyl Matsumoto who served on the City Council for many years. In late 2021,the City engaged landscape architects SWA and civil engineers BKF to design the plaza.This is the same design team that designed the Grand Avenue and Airport Boulevard Streetscape project and were the most qualified for this design task.The public art component of this project was designed and fabricated by RideArt under a contract authorized by the City Council in 2021.Lux Design provided the design for the Matsumoto signage component. The proposed work includes the completion of grading, site preparation, underground electrical and drainage work, landscaping, irrigation, foundations and installation of art pieces, site lighting and electrical work for the art pieces, and integration of concrete surfaces. Staff advertised a notice inviting bids for the project on October 2 and October 9,2023.Through outreach and advertisement,a dozen contractors expressed interest in bidding.On October 24,2023,staff received two bids in response to the advertisement.The lowest responsible bidder was Raposo Engineering Inc.of Hayward, 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. The following is a summary of the bids received: City of South San Francisco Printed on 11/3/2023Page 1 of 2 powered by Legistar™208 File #:23-963 Agenda Date:11/8/2023 Version:1 Item #:10. Base Bid Amount Raposo Engineering Inc.$540,523.10 Angotti & Reilly $660,800.93 The estimate for the base bid is $494,750.00. The low bid is $50,000 over the engineers’ estimate. The basis of award shall be the lowest responsive and responsible bidder on the total base bid. Staff’s proposed construction budget: Raposo Engineering Inc. Base Bid Contract $540,523.10 Construction Contingency (15%)$ 81,078.47 Total Construction Budget $621,601.57 The construction contingency is for additional costs related to unforeseen conditions requiring design changes during construction operations. PROJECT FUNDING: Caltrain Station Improvements (ST1603)$ 490,000 Caltrain Plaza Signage (PF2303)$ 100,000 Caltrain Plaza Public Art (PF2102)$ 500,000 Caltrain Sculpture Contingency $ 45,000 IQHQ $ 200,000 Total $1,335,000 FISCAL IMPACT This project is included in the City of South San Francisco’s Fiscal Year 2022-23 Capital Improvements Program (Project No. ST1603, PF2303, PF2102) and community benefit from the IQHQ development. RELATIONSHIP TO STRATEGIC PLAN Approval of this action will contribute to the City’s Strategic Plan.It aligns with Priority #2,which is focused on enhancing quality of life by building and maintaining a sustainable city,making our city a great place to live, learn and play. CONCLUSION Staff recommends that the City Council of the City of South San Francisco adopt a resolution awarding the construction contract to Raposo Engineering Inc.of Hayward California,for the Karyl Matsumoto Plaza project and approve budget amendment #24.018. City of South San Francisco Printed on 11/3/2023Page 2 of 2 powered by Legistar™209 Karyl Matsumoto Plaza South San Francisco City Council Meeting November 8, 2023 211 Project Location 212 213 214 215 216 217 Park Area Centennial Way Trail ImprovementsPark Area 218 219 220 Contractor Base Bid Raposo Engineering, Inc.$540,523.10 Angotti & Reilly $660,800.93 Bid Information 221 Contract Award Raposo Engineering Inc.$540,523 Construction Contingence (10%)$ 81,078 Total Construction Contract $621,601 222 Staff Recommendation Staff recommends that the City Council adopt a resolution awarding a construction contract to Raposo Engineering, Inc, Construction of Hayward, California for the Karyl Matsumoto Plaza Project (Project No. ST1603) in an amount not to exceed $540,523.10, authorizing a total construction budget of $621,601.57, 223 Thank You 224 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:23-964 Agenda Date:11/8/2023 Version:1 Item #:10a. Resolution awarding a construction contract to Raposo Engineering Inc. of Hayward California for the Karyl Matsumoto Plaza Project (Project No. ST1603) in an amount not to exceed $540,523.10 and authorizing a total construction budget of $621,601.57. WHEREAS,Karyl Matsumoto Plaza Project area is on the southeastern corner of the intersection of Grand Avenue and Airport Boulevard in the City of South San Francisco; and WHEREAS,the plaza construction was separated from the Caltrain Station Improvement Project to allow for development at the 200 Airport Boulevard site; and WHEREAS,in 2021 City Council adopt a resolution approving a Public Art Agreement to design and purchase three public art pieces which includes a vertical sculpture and two matching lawn pieces by Ride Art LLC to be installed at the plaza; and WHEREAS,the 2022-23 Fiscal Year budget $100,000 for design and construction of signage to identify the area as Karyl Matsumoto Plaza; and WHEREAS,in 2021,the City engaged landscape architects SWA and civil engineers BKF Engineering to design,document and provide construction administration,with construction management provided by Swinerton Management and Consulting for the landscape,electrical,park furnishing,public art pieces,trees and shrubs, and WHEREAS,on October 2 and October 9,2023,Staff advertised a Notice Inviting Bids for construction of the Karyl Matsumoto Plaza Project; and WHEREAS,the City received two bids in response to the Notice Inviting Bids,and Raposo Engineering Inc.of Hayward was the lowest responsible bidder; and WHEREAS, staff recommends awarding the construction contract to Raposo Engineering Inc. of Hayward California in an amount not to exceed $540,523.10, which is the total for the base bid; and WHEREAS, the City Council now wishes to authorize a construction budget of $621,601.57. WHEREAS,this project is included in the City of South San Francisco’s Fiscal Year 2022-23 Capital Improvements Program (Project No. st1603, pf2303, pf2102). NOW THEREFOR,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 Karyl Matsumoto Plaza Project (Project No.st1603,pf2303,pf2102)to Raposo Engineering Inc.of Hayward,California,in an amount not to exceed $540,523.10,conditioned on Raposo Engineering 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 Project documents. BE IT FURTHER RESOLVED that the City Council authorizes a total project construction budget of $621,601.57 and authorizes the City Manager to utilize the unspent amount of the total Project,if necessary, City of South San Francisco Printed on 11/3/2023Page 1 of 2 powered by Legistar™225 File #:23-964 Agenda Date:11/8/2023 Version:1 Item #:10a. $621,601.57 and authorizes the City Manager to utilize the unspent amount of the total Project,if necessary, towards additional construction contingency budget. BE IT FURTHER RESOLVED that the City Council authorizes $200,000 of IQHQ developer contribution be appropriated to project st1603 to cover project design and construction costs. BE IT FURTHER RESOLVED that the City Council authorizes the Finance Department to establish the Project Budget consistent with the information contained in the staff report. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the construction contract in substantially the same form as Exhibit A and any other related documents on behalf of the City upon timely submission by Raposo Engineering 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 resolution. City of South San Francisco Printed on 11/3/2023Page 2 of 2 powered by Legistar™226 CITY OF SOUTH SAN FRANCISCO ENGINEERING DIVISION FORM OF AGREEMENT FOR PUBLIC IMPROVEMENTS TABLE OF CONTENTS Page No. 1. Scope of Work A-1 2. The Contract Documents A-1 3. Equipment - Performance of Work A-2 4. Contract Price A-2 5. Rights of City to Increase Working Days A-2 6. Option of City to Terminate Agreement in Event of Failure to Complete Work A-2 7. Termination of Contract for Convenience A-3 8. Performance by Sureties A-5 9. Hold-Harmless Agreement and Contractor's Insurance A-6 10. Insurance A-6 11. Proof of Carriage of Insurance A-7 12. Provisions Cumulative A-8 13. Notices A-8 14. Interpretation A-8 Attachment A – Escrow Agreement for Security Deposits in Lieu of Retention 227 September 2023 Page A-1 of 12 FORM OF AGREEMENT FOR PUBLIC IMPROVEMENTS THIS AGREEMENT made and entered into this ____, day of ______, _____, between the CITY OF SOUTH SAN FRANCISCO, a municipal corporation and political subdivision of the State of California, hereinafter called “CITY”, and <Contractor>, Inc., hereinafter called “CONTRACTOR”1. W I T N E S S E T H: WHEREAS, City has taken appropriate proceedings to authorize construction of the public work and improvements herein provided and execution of this contract. WHEREAS, a notice was duly published for bids for the contract for the improvements hereinafter described. WHEREAS, on ____________, notice duly given, the City Council (“Council”) of said City awarded the contract for the construction of the improvements hereinafter described to the Contractor, which Contractor said Council found to be the lowest responsible bidder for said improvements. WHEREAS, City and Contractor desire to enter into this agreement for the construction of said improvements pursuant to the terms, definitions, and conditions set forth in the General Provisions and other Contract Documents. 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 Karyl Matsumoto Plaza Project; PROJECT NO.ST1603; BID NO. 2684; 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. 228 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 16, 2020. (F) Part IV – Project Plans, approved 9/29/2023. (G) Administrative subsections of the State Standard Specifications dated 2015, as specifically referenced in contract Parts I-IV and as revised in RSS dated October 16, 2020. 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: Karyl Matsumoto Plaza Project PROJECT NO.ST1603; BID NO. 2684 The equipment, apparatus, facilities, labor, and materials shall be furnished and said Work performed and completed as required in said plans and specifications under the direction and supervision and subject to the approval of the Engineer of said City or the Engineer’s designated assistant. 4. Contract Price. City shall pay, and Contractor shall accept, in full payment for the Work agreed to be done the sum of __________________________________ ($). Said price is determined by the lump sum price contained in Contractor's bid proposal (“Bid”). The lump sum price and unit prices are set forth in the completed Bid forms attached hereto and made a part hereof as if set forth herein verbatim. In the event work is performed or materials furnished in addition to those set forth in Contractor's bid and the specifications herein, such work and materials will be paid for at the unit prices therein contained. Said amount shall be paid in installments as hereinafter provided. 5. Rights of City to Increase Working Days. If such Work is not completed within the time specified, the Engineer shall have the right to increase the number of working days in the amount 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. 229 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. 230 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: 231 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. 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 232 Page A-6 of 9 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". (B) Comprehensive General Liability Insurance. 233 Page A-7 of 9 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 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 234 Page A-8 of 9 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. 235 Page A-9 of 9 ATTEST: CITY: City of South San Francisco, a municipal corporation _______________________________ By: _____________________________ City Clerk Mike Futrell, City Manager CONTRACTOR:_______________________ __________________________________ ATTEST: By:_______________________________ (If Contractor is an individual, so state. _____________________________ If Contractor is a Corporation, a corporate seal or signatures of the President or Vice President and the Secretary Treasurer are required). 236 ATTACHMENT A ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION THIS ESCROW AGREEMENT is made and entered into by and between the City of South San Francisco whose address is 400 Grand Ave., P.O. Box 711, South San Francisco, CA 94083, hereinafter referred to as "City," and ________________________________________,whose address is ___________________________________________________________, hereinafter called “Contractor” and ______________________________________________________________,whose address is ___________________________________________________________, hereinafter called “Escrow Agent.” For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as follows: 1. Pursuant to Section 22300 of the Public Contract Code of the State of California, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by Owner pursuant to the Construction Contract entered into between the Owner and Contractor for __________________ in the amount of _______________dollars ($_____) dated ___________ (hereinafter referred to as the “Contract”). Alternately, on written request of the Contractor, the Owner shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the Owner within 10 working days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the Owner and Contractor. Securities shall be held in the name of _______________, and shall designate the Contractor as the beneficial owner. 2. The Owner shall make progress payments to the Contractor for those funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the Owner makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until the time that the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the Owner pays the Escrow Agent directly. 4. Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the Escrow Account and all expenses of the Owner. These expenses and payment terms shall be determined by the Owner, Contractor, and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the Owner. 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from the Owner to the Escrow Agent that Owner consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The Owner shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven day’s written notice to the Escrow Agent from the Owner of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the Owner. 237 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. 238 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 239 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:23-979 Agenda Date:11/8/2023 Version:1 Item #:11. Report regarding a resolution awarding a construction contract to EPS Inc.,dba Express Plumbing of San Mateo,California for an emergency storm drain repair (sd2002)in an amount not to exceed $250,000.00.(Alex Henry, Public Works Program Manager) RECOMMENDATION Staff recommends that the City Council adopt a resolution awarding a construction contract to EPS Inc., dba Express Plumbing of San Mateo,California for an emergency storm drain repair (CIP Project sd2002)in an amount not to exceed $250,000.00 and authorizing the City Manager to execute the agreement on behalf of the City. BACKGROUND/DISCUSSION The section of the storm drain system running underneath 205 South Linden Avenue and 1321 Lowrie Avenue has been planned for rehabilitation as part of the Capital Improvement Program (sd2002).Ongoing difficulty in the cleaning of this pipe and restoring flow led staff to identify this pipe for rehabilitation.Occasionally during heavy rain events,Public Works has deployed a portable pump to bypass this line and aid in keeping this drainage basin,which includes sections of South Linden Avenue and San Mateo Avenue from flooding. Significant rainfall events in winter 2023 have caused further degradation of this line,leading to an almost complete blockage requiring a bypass pump during any amount of rainfall.During initial planning stages of this project,a field inspection identified several sections of fully collapsed pipe and an overall condition requiring immediate intervention and rehabilitation of the entire storm line between South Linden Avenue and Lowrie Avenue. For Public Works Projects,the Public Contract Code section 22050 authorizes the City to repair or replace a public facility in the case of an emergency (i.e.an emergency that requires the immediate expenditure of public money to safeguard life,health,property),to take any directly related and immediate action required by that emergency,and to procure the necessary equipment,services,and supplies for those purposes,without competitive bidding.No formal bidding,informal bidding,or price checking is required for these types of emergency public works projects.The City Manager may authorize the emergency work and procurement (if any)in this situation,but the authorized work must be agendized for City Council review within fourteen (14) days and also at every regular meeting thereafter. City staff will be responsible for following this procedure. Failure to repair this pipe may lead to an increased risk of flooding during wet weather events.It may also lead to public health and safety issues due to flooding during future rain events.A determination was made to treat this repair as an emergency and authorize the work,as any rainfall is likely to have serious impacts on the surrounding area.Express Plumbing has the qualifications,experience,equipment and the availability to City of South San Francisco Printed on 11/3/2023Page 1 of 2 powered by Legistar™240 File #:23-979 Agenda Date:11/8/2023 Version:1 Item #:11. perform this work in the timeframe required. The repair of this pipe includes spot repairs of the collapsed sections and a full pipe slip-liner for the approximately four-hundred-and-fifty-foot section.This repair will reinforce the structural integrity of the entire line and allow full flow as originally designed. FUNDING This project (sd2002)was included in the City of South San Francisco’s fiscal year 2022-2023 Capital Improvements Program. There are sufficient funds 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 Staff recommends awarding the construction contract to Express Plumbing of San Mateo,California,for the Project will allow Public Works ensure the storm drain system performs as designed during the upcoming winter storms. ATTACHMENTS 1.Draft agreement 2.Vicinity map City of South San Francisco Printed on 11/3/2023Page 2 of 2 powered by Legistar™241 The City of South San Francisco Minor Construction Agreement [Rev:11/14/2016] 1 ATTACHMENT 1 MINOR CONSTRUCTION AGREEMENT This Agreement (this “Agreement”) is made and entered into between the City of South San Francisco, a municipal corporation (“City”) and EPS Inc., dba Express Plumbing, (“Contractor”) effective as of August 31, 2023 (the “Effective Date”). City and Contractor are hereinafter collectively referred to as (the “Parties”). In consideration of their mutual covenants, the Parties hereby agree as follows: 1. Scope of Work. Contractor shall provide the following services and/or materials (“the Work”): emergency storm drain repairs at 205 South Linden Avenue and 1321 Lowrie Avenue, as more particularly described in the Scope of Work, attached hereto and incorporated herein as Exhibit A. 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. The Work shall commence on October 1, 2023, and shall be completed to the satisfaction of the City by December 31, 2023 unless such date is extended or otherwise modified by the City in writing. .) 2. Payment. City shall pay Contractor an amount not to exceed: TWO-HUNDRED FIFTY THOUSAND AND 00/100 ($250,000.00) 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: The amount stated above is the entire compensation payable to Contractor for the Work performed hereunder, including all labor, materials, tools and equipment furnished by Contractor. (A) Invoices. City shall make monthly payments, based on invoices received, for Work satisfactorily performed. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Contractor. (B) 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. (C) Retention and Final Payment. City shall retain five percent (5%) of each payment, which shall be paid within sixty (60) days after acceptance of the services, as described in Section 11, and submittal to City of a final invoice, if all services required have been satisfactorily performed. Contractor may substitute securities or establish an escrow in lieu of retainage, pursuant to Public Contract Code Section 22300. 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 Contractor. At all times Contractor shall be an independent contractor and Contractor 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, Contractor 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 Contractor’s performance of the Work or Contractor’s failure to comply with this Agreement, except such Liability caused by the gross negligence or willful misconduct of the City Indemnitees. 242 The City of South San Francisco Minor Construction Agreement [Rev:11/14/2016] 2 5. Excavations. In accordance with Public Contracts Code Section 714, Contractor shall promptly notify City in writing of discovery of any material Contractor believes may be hazardous waste as defined in Section 25117 of the Health and Safety Code or of any subsurface or latent physical conditions at the site of any unusual nature differing materially from those generally inherent in the work described in Exhibit A. Upon receipt of such communication, City shall promptly investigate the conditions and if conditions do materially differ, shall issue a change order providing for additional time or payment of additional costs. 6. Relocation of Utilities. In the event that the completion of the services described in Exhibit A requires the removal or protection of main or trunk line public utility facilities, the City shall be responsible for removal and protection of such public utilities pursuant to Government Code Section 4215. 7. Insurance. Prior to beginning the Work and continuing throughout the term of this Agreement, Contractor (and any subcontractors) shall, at Contractor’s (or subcontractor’s) 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 Contractor, 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. 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. Further, 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’s Risk Manager may waive or modify any of the insurance requirements of this section by means of a written document. 8. General Warranties and Guarantee. Contractor warrants that: (A) All Work, Products and/or Services are as described in this Agreement, including any exhibits incorporated] conform to all drawings, samples, descriptions and specifications; (B) All Work, 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) Contractor has good title to all Products delivered and all Products delivered are free from liens and other encumbrances; and (D) Contractor's Work will be in strict conformity with all applicable local, state, and federal laws. For purposes of this warranty, any parts not meeting the foregoing quality shall be deemed defective. 243 The City of South San Francisco Minor Construction Agreement [Rev:11/14/2016] 3 Contractor shall guarantee the Work to be free of defects in material and workmanship for a period of one (1) year following the City’s acceptance of the Work (“Contractor’s Guarantee”), as described in Section 11. As part of Contractor’s Guarantee, Contractor agrees to make, at Contractor’s own expense, any repairs or replacements made necessary by defects in material or workmanship which become evident within the one-year guarantee period. The Contractor’s Guarantee is effective regardless of whether or not a maintenance bond is required by the City for this Agreement. 9. Licenses. Contractor represents and warrants that Contractor possesses all licenses, permits, and qualifications legally required for the performance of the Work. Contractor shall, at Contractor’s sole cost and expense, maintain all such licenses, permits and qualifications in full force and effect throughout the term of this Agreement. 10. Damage to City Facilities and Site Safety. Damage to City or public facilities or private property caused by the Contractor or by its subcontractors during performance of the Work shall be repaired and/or replaced in kind at no cost to the City. The worksite shall be kept clean and free of hazards at all times during installation. After work is completed at the site, Contractor shall clean the surrounding area to the condition prior to performance of the Work. 11. Final Inspection and Work Acceptance. All Work shall be subject to final inspection and acceptance or rejection by the City. 12. Compliance with all Applicable Laws. Contractor shall comply with all applicable local, state and federal laws, regulations and ordinances in the performance of this Agreement. Contractor 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. 13. Payment of Taxes; Tax Withholding. Contractor 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, Contractor 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. Unless Contractor 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 Contractor as required by law. Contractor 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. 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 upon request. 14. Prevailing Wage. The wages to be paid for a day's work to all classes of laborers, workmen, or mechanics on the work contemplated by this Agreement, shall be not less than the prevailing rate for a day’s work in the same trade or occupation in the locality within the state where the work hereby contemplates to be performed as determined by the Director of Industrial Relations pursuant to the Director’s authority under Labor Code Section 1770, et seq. Each laborer, worker or mechanic employed by Contractor or by any subcontractor shall receive the wages herein provided for. The Contractor 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 Contractor to each worker. The City will not recognize any claim for additional compensation because of the payment by the Contractor for any wage rate in excess of prevailing wage rate set forth. The possibility of wage increases 244 The City of South San Francisco Minor Construction Agreement [Rev:11/14/2016] 4 is one of the elements to be considered by the Contractor. NOTE: An error on the part of an awarding body does not relieve the Contractor from responsibility for payment of the prevailing rate of per diem wages and penalties pursuant to Labor Code Sections 1770-1775. (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 Contractor 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 Contractor 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 Contractor in connection with the public work. Such records shall be certifies and submitted weekly as required by Labor Code Section 1776. 15. Patents. The Contractor shall assume all costs arising from the use of patented materials, equipment, services, or processes used on or incorporated in the Work, and agrees to indemnify and save harmless the City of South San Francisco, the City Council, and the Engineer, and their duly authorized representatives, for all suits at law, or actions of every nature for, or on account of the use of any patented materials, equipment, services, or processes. 16. Dispute Resolution. Prior to initiating litigation in a court of competent jurisdiction, both Contractor and City shall undergo alternative dispute procedures as outlined in Public Contract Code Section 20104, et seq. The Parties also expressly agree that such procedures are incorporated as though fully set forth in this Agreement. 17. 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. 18. Termination. City may terminate or suspend this Agreement at any time and without cause upon written notification to Contractor. Upon receipt of notice of termination or suspension, Contractor 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. 19. 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. 20. 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. 21. Non-Liability of Officials, Employees and Agents. No officer, official, employee or agent of City shall be personally liable to Contractor in the event of any default or breach by City or for any amount which may become due to Contractor pursuant to this Agreement. 245 The City of South San Francisco Minor Construction Agreement [Rev:11/14/2016] 5 22. Execution in 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. 23. 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: Contractor: ___________________________ ___________________________ ___________________________ City: City Clerk City of South San Francisco 400 Grand Avenue South San Francisco, CA 94080 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date written above. CITY: CONTRACTOR: By:__________________________ By:__________________________ Print Name:___________________ Print Name:___________________ Title: _______________________ Title: _______________________ APPROVED AS TO FORM: ____________________________ City Attorney 2729960.1 246 ATTACHMENT 2 247 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:23-980 Agenda Date:11/8/2023 Version:1 Item #:11a. Resolution awarding a construction contract to EPS Inc.,dba Express Plumbing of San Mateo,California for an emergency storm drain repair (sd2002)in an amount not to exceed $250,000.00 and authorizing the City Manager to execute the agreement on behalf of the City WHEREAS,The City of South San Francisco maintains and operates a storm drain system throughout the City; and WHEREAS, the proper operation of the storm drain system is vital to protect public health and property; and WHEREAS, maintenance and repair of storm lines is required to ensure proper operation of the system; and WHEREAS,the section of storm line along Linden Avenue was previously identified as a candidate for rehabilitation; and WHEREAS,staff inspected the storm line in preparation for the project and found the line to be significantly more deteriorated than anticipated; and WHEREAS,Public Contract Code section 22050 authorizes the City to repair or replace a public facility in the case of an emergency; and WHEREAS,an emergency is defined as work requiring the immediate expenditure of public money to safeguard life, health and property; and WHEREAS,in an emergency the City may authorize the procurement of the necessary equipment,services and supplies for the work without competitive bidding; and WHEREAS,given the importance of this particular storm line to proper operation of the drainage basin around South Linden Avenue and San Mateo Avenue, staff authorized emergency repairs to begin immediately; and WHEREAS,failure to repair the storm line may lead to an increased risk of flooding during wet weather events; and WHEREAS,Express Plumbing possesses the qualifications,experience,equipment,and availability necessary to perform the required repairs immediately; and WHEREAS,Capital Improvement Project (CIP)sd2002 was approved for the repair of this storm line and contains sufficient funding to complete the project. 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 repair of the South Linden storm line to Express Plumbing of San Mateo,California conditioned City of South San Francisco Printed on 11/3/2023Page 1 of 2 powered by Legistar™248 File #:23-980 Agenda Date:11/8/2023 Version:1 Item #:11a. Exhibit A,for repair of the South Linden storm line to Express Plumbing of San Mateo,California conditioned on Express Plumbing’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 project budget of $250,000 and authorizes the City Manager to utilize the unspent amount of the total project budget,if necessary,towards additional construction contingency budget. 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 Express Plumbing 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 resolution and accompanying staff report. ***** City of South San Francisco Printed on 11/3/2023Page 2 of 2 powered by Legistar™249 The City of South San Francisco Minor Construction Agreement [Rev:11/14/2016] 1 EXHIBIT A MINOR CONSTRUCTION AGREEMENT This Agreement (this “Agreement”) is made and entered into between the City of South San Francisco, a municipal corporation (“City”) and EPS Inc., dba Express Plumbing, (“Contractor”) effective as of August 31, 2023 (the “Effective Date”). City and Contractor are hereinafter collectively referred to as (the “Parties”). In consideration of their mutual covenants, the Parties hereby agree as follows: 1. Scope of Work. Contractor shall provide the following services and/or materials (“the Work”): emergency storm drain repairs at 205 South Linden Avenue and 1321 Lowrie Avenue, as more particularly described in the Scope of Work, attached hereto and incorporated herein as Exhibit A. 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. The Work shall commence on October 1, 2023, and shall be completed to the satisfaction of the City by December 31, 2023 unless such date is extended or otherwise modified by the City in writing. .) 2. Payment. City shall pay Contractor an amount not to exceed: TWO-HUNDRED FIFTY THOUSAND AND 00/100 ($250,000.00) 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: The amount stated above is the entire compensation payable to Contractor for the Work performed hereunder, including all labor, materials, tools and equipment furnished by Contractor. (A) Invoices. City shall make monthly payments, based on invoices received, for Work satisfactorily performed. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Contractor. (B) 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. (C) Retention and Final Payment. City shall retain five percent (5%) of each payment, which shall be paid within sixty (60) days after acceptance of the services, as described in Section 11, and submittal to City of a final invoice, if all services required have been satisfactorily performed. Contractor may substitute securities or establish an escrow in lieu of retainage, pursuant to Public Contract Code Section 22300. 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 Contractor. At all times Contractor shall be an independent contractor and Contractor 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, Contractor 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 Contractor’s performance of the Work or Contractor’s failure to comply with this Agreement, except such Liability caused by the gross negligence or willful misconduct of the City Indemnitees. 250 The City of South San Francisco Minor Construction Agreement [Rev:11/14/2016] 2 5. Excavations. In accordance with Public Contracts Code Section 714, Contractor shall promptly notify City in writing of discovery of any material Contractor believes may be hazardous waste as defined in Section 25117 of the Health and Safety Code or of any subsurface or latent physical conditions at the site of any unusual nature differing materially from those generally inherent in the work described in Exhibit A. Upon receipt of such communication, City shall promptly investigate the conditions and if conditions do materially differ, shall issue a change order providing for additional time or payment of additional costs. 6. Relocation of Utilities. In the event that the completion of the services described in Exhibit A requires the removal or protection of main or trunk line public utility facilities, the City shall be responsible for removal and protection of such public utilities pursuant to Government Code Section 4215. 7. Insurance. Prior to beginning the Work and continuing throughout the term of this Agreement, Contractor (and any subcontractors) shall, at Contractor’s (or subcontractor’s) 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 Contractor, 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. 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. Further, 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’s Risk Manager may waive or modify any of the insurance requirements of this section by means of a written document. 8. General Warranties and Guarantee. Contractor warrants that: (A) All Work, Products and/or Services are as described in this Agreement, including any exhibits incorporated] conform to all drawings, samples, descriptions and specifications; (B) All Work, 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) Contractor has good title to all Products delivered and all Products delivered are free from liens and other encumbrances; and (D) Contractor's Work will be in strict conformity with all applicable local, state, and federal laws. For purposes of this warranty, any parts not meeting the foregoing quality shall be deemed defective. 251 The City of South San Francisco Minor Construction Agreement [Rev:11/14/2016] 3 Contractor shall guarantee the Work to be free of defects in material and workmanship for a period of one (1) year following the City’s acceptance of the Work (“Contractor’s Guarantee”), as described in Section 11. As part of Contractor’s Guarantee, Contractor agrees to make, at Contractor’s own expense, any repairs or replacements made necessary by defects in material or workmanship which become evident within the one-year guarantee period. The Contractor’s Guarantee is effective regardless of whether or not a maintenance bond is required by the City for this Agreement. 9. Licenses. Contractor represents and warrants that Contractor possesses all licenses, permits, and qualifications legally required for the performance of the Work. Contractor shall, at Contractor’s sole cost and expense, maintain all such licenses, permits and qualifications in full force and effect throughout the term of this Agreement. 10. Damage to City Facilities and Site Safety. Damage to City or public facilities or private property caused by the Contractor or by its subcontractors during performance of the Work shall be repaired and/or replaced in kind at no cost to the City. The worksite shall be kept clean and free of hazards at all times during installation. After work is completed at the site, Contractor shall clean the surrounding area to the condition prior to performance of the Work. 11. Final Inspection and Work Acceptance. All Work shall be subject to final inspection and acceptance or rejection by the City. 12. Compliance with all Applicable Laws. Contractor shall comply with all applicable local, state and federal laws, regulations and ordinances in the performance of this Agreement. Contractor 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. 13. Payment of Taxes; Tax Withholding. Contractor 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, Contractor 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. Unless Contractor 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 Contractor as required by law. Contractor 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. 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 upon request. 14. Prevailing Wage. The wages to be paid for a day's work to all classes of laborers, workmen, or mechanics on the work contemplated by this Agreement, shall be not less than the prevailing rate for a day’s work in the same trade or occupation in the locality within the state where the work hereby contemplates to be performed as determined by the Director of Industrial Relations pursuant to the Director’s authority under Labor Code Section 1770, et seq. Each laborer, worker or mechanic employed by Contractor or by any subcontractor shall receive the wages herein provided for. The Contractor 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 Contractor to each worker. The City will not recognize any claim for additional compensation because of the payment by the Contractor for any wage rate in excess of prevailing wage rate set forth. The possibility of wage increases 252 The City of South San Francisco Minor Construction Agreement [Rev:11/14/2016] 4 is one of the elements to be considered by the Contractor. NOTE: An error on the part of an awarding body does not relieve the Contractor from responsibility for payment of the prevailing rate of per diem wages and penalties pursuant to Labor Code Sections 1770-1775. (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 Contractor 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 Contractor 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 Contractor in connection with the public work. Such records shall be certifies and submitted weekly as required by Labor Code Section 1776. 15. Patents. The Contractor shall assume all costs arising from the use of patented materials, equipment, services, or processes used on or incorporated in the Work, and agrees to indemnify and save harmless the City of South San Francisco, the City Council, and the Engineer, and their duly authorized representatives, for all suits at law, or actions of every nature for, or on account of the use of any patented materials, equipment, services, or processes. 16. Dispute Resolution. Prior to initiating litigation in a court of competent jurisdiction, both Contractor and City shall undergo alternative dispute procedures as outlined in Public Contract Code Section 20104, et seq. The Parties also expressly agree that such procedures are incorporated as though fully set forth in this Agreement. 17. 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. 18. Termination. City may terminate or suspend this Agreement at any time and without cause upon written notification to Contractor. Upon receipt of notice of termination or suspension, Contractor 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. 19. 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. 20. 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. 21. Non-Liability of Officials, Employees and Agents. No officer, official, employee or agent of City shall be personally liable to Contractor in the event of any default or breach by City or for any amount which may become due to Contractor pursuant to this Agreement. 253 The City of South San Francisco Minor Construction Agreement [Rev:11/14/2016] 5 22. Execution in 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. 23. 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: Contractor: ___________________________ ___________________________ ___________________________ City: City Clerk City of South San Francisco 400 Grand Avenue South San Francisco, CA 94080 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date written above. CITY: CONTRACTOR: By:__________________________ By:__________________________ Print Name:___________________ Print Name:___________________ Title: _______________________ Title: _______________________ APPROVED AS TO FORM: ____________________________ City Attorney 2729960.1 254 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:23-793 Agenda Date:11/8/2023 Version:1 Item #:12. Report regarding adoption of a resolution approving contract amendments with Kimley-Horn and Associates, Inc.and Zoon Engineering,Inc.,and approving a contingency increase for the contract with Econolite Systems, Inc., for the Smart Corridor South San Francisco Expansion Project.(Angel Torres, Senior Civil Engineer) RECOMMENDATION Staff recommends that the City Council adopt a resolution: I.Approving a contract amendment with Kimley-Horn and Associates,Inc.for an additional $80,000 in contingency,and authorizing a total consulting services contract authority budget of $580,000; and II.Approving a contract amendment with Zoon Engineering,Inc.for an additional $180,000 in contingency,extending the contract term of services,and authorizing a total consulting services contract budget authority of $813,305; and III.Approving a contingency budget increase for the contract with Econolite Systems,Inc.for an increase in the amount of $500,000 in contingency and authorizing a total construction contract authority budget of $6,409,972 and authorizing the City Manager to execute subsequent amendment(s)up to the project budget amount inclusive of the contingency, subject to approval as to form by the City Attorney. BACKGROUND/DISCUSSION The South San Francisco Smart Corridor Expansion Project (Project)is part of the overall countywide traffic management system Smart Corridor deployment. The Project is not a traditional project where physical roadway improvements are made,but an implementation of traffic management devices that will enable the City of South San Francisco (City),state law enforcement agencies,and fire departments to proactively and cooperatively manage freeway and arterial traffic congestion during major freeway incidents.The Intelligent Transportation System (ITS)infrastructure improvements fall under four categories:arterial management,incident management,traveler information,and transit management. The Project will support and extend the San Mateo County Smart Corridor program north with the installation of smart traffic management facilities along routes located in the City that include:Bayshore Boulevard, Airport Boulevard, South Airport Boulevard, Gateway Boulevard, and Oyster Point Boulevard. The Project Scope of Work includes the installation of: ·Fixed closed-circuit television cameras, ·Microwave vehicle detection systems, ·Directional (trailblazer) signs, ·Arterial dynamic message signs, City of South San Francisco Printed on 11/3/2023Page 1 of 6 powered by Legistar™255 File #:23-793 Agenda Date:11/8/2023 Version:1 Item #:12. ·Traffic signal controllers, ·Video wall and workstations in the Traffic Management Center, and ·Fiber optic cable communications connections. Because the Project will take place within the City limits of South San Francisco,the City was designated as the “Implementing Agency”leading the construction phase and administering the construction contract. However,the City/County Association of Governments (C/CAG)remains as the overall “Project Sponsor”of the Smart Corridor Project, providing funding for this Project in South San Francisco. I. Kimley-Horn and Associates, Inc. Contract Amendment Kimley-Horn and Associates,Inc.is the City’s design engineer for the Smart Corridor Expansion project.To date,they have provided professional services to complete the design,obtained required permits,prepared construction documents,and provided design support services during construction.As the Project proceeds in the construction phase,staff recommends approving an amendment to the Kimley-Horn and Associates Consulting Services Agreement (CSA)to provide additional design support during construction.The additional design support would include items that require design engineer’s input that typically come up on these types of construction projects including: ·Review and draft responses to contractor requests for information (RFIs), ·Services in the preparation of design changes,cost estimates and support documents for construction contract change orders (CCOs), ·Attend and participate in construction weekly progress meetings and periodic field visits, and ·Prepare construction record drawings. The following details the current project budget for Kimley-Horn and Associates,Inc.through design and construction: Original Consulting Services Agreement Contract Budget $280,000 + CSA Amendment No. 01 - Time Extension $0.00 + CSA Amendment No. 02 - Time Extension and Scope/Cost Increase +$79,720 + CSA Amendment No. 03 - Time Extension and Scope/Cost Increase +140,280 + CSA Amendment No. 04 - Scope/Cost Increase (Increase in Contingency)+$80,000 Amended Total Consulting Services Agreement Contract Authority Budget $580,000 The ongoing increase in scope of services and time extension on the project depleted most of the prior contingency,mostly due to unforeseen site conditions during construction,from the Consulting Services Agreement and prior amendments. The increase in contingency for the Kimley-Horn and Associates,Inc.CSA will be utilized for additional construction support such as preparing responses to RFIs or CCOs,preparing record drawings,and continued attendance and participation in weekly progress meetings and site visits through the revised end of the construction phase and implementation of the project. II. Zoon Engineering, Inc. Contract Amendment Zoon Engineering,Inc.is the City’s construction management consultant for the Smart Corridor Expansion City of South San Francisco Printed on 11/3/2023Page 2 of 6 powered by Legistar™256 File #:23-793 Agenda Date:11/8/2023 Version:1 Item #:12. Zoon Engineering,Inc.is the City’s construction management consultant for the Smart Corridor Expansion project.To date,they have provided professional services to manage and inspect the construction work.As the Project proceeds in the construction phase,staff recommends approving an amendment to the Zoon Engineering CSA to provide additional construction management support during construction.Additional construction management support is required to account for the time extensions issued to the contractor to complete the project. The construction management services include: ·Scheduling, conducting, and documenting items discussed at the weekly progress meetings, ·Initial review and coordination of responses to contractor requests for information (RFIs), ·Services in the preparation of design changes,cost estimates and support documents for construction contract change orders (CCOs), and ·Prepare construction record drawings. The following details the current project budget for Zoon Engineering, Inc. through bid and construction: Current Consulting Services Agreement Contract Budget $633,305 + CSA Amendment No. 01 - Time Extension and Scope/Cost Increase $180,000 Amended Total Consulting Services Agreement Contract Authority Budget $813,305 The original contingency has been spent on increased support due to the time extensions on the construction of the project. The increase in contingency for the Zoon Engineering,Inc.CSA will be utilized for the extension of construction management support services through the end of the construction phase and implementation of the project. III. Econolite Systems, Inc. Contingency Increase Econolite Systems,Inc.is the City’s construction contractor for the Smart Corridor Expansion project. Construction commenced in March of 2022,with 120 working days allocated to the contractor to complete this work.The project included provisions to allow the contractor additional time for the fabrication and procurement of materials with a long fabrication lead times including steel posts and sign structures, programable message signs, service and controller cabinets, and other materials. The project incurred time delays,cost impacts due to unanticipated delays in the fabrication of the large quantity of 288 strand fiber optic cable needed,as well as the increase in scope of work for additional support from the contractor during the system integration phase of the project. In addition,the project has encountered impacts to the construction work resulting in additional time delays and anticipated cost impacts due to conflicts with existing unidentified,buried utilities and miscellaneous man- made objects obstructing the layout and installation of the proposed facilities.To date the contractor has been allocated a total of 270 additional working days (time extensions),pushing the completion date out to April/May of 2024. It is anticipated that several of these impacts will result in additional costs to the project that will exceed the City of South San Francisco Printed on 11/3/2023Page 3 of 6 powered by Legistar™257 File #:23-793 Agenda Date:11/8/2023 Version:1 Item #:12. It is anticipated that several of these impacts will result in additional costs to the project that will exceed the current allocated contingency and will need additional funds allocated into the project contingency to resolve the anticipated additional costs to the project for construction. Econolite Systems,Inc.initial allocated construction contract budget and the proposed $500,000 in increased contingency will result in a proposed budget of: Original Construction Contract Amount $ 5,372,702 + Original Construction Contingency (10%)$ 537,270 + Increased Construction Contingency $ 500,000 Amended Total Construction Contract Authority Budget $ 6,409,972 The construction contingency will be used to address any additional costs related to design changes and cost impacts incurred during construction, in the form of subsequent contract amendment(s). Background, Funding and Maintenance C/CAG,as the funding agency for the Project,approved an initial project budget of $360,000 for design of the project that was then approved by SSF City Council in December of 2021 (SSF RES 164-2019),approved a budget of $6,559,000 for construction of the project that was then approved by SSF City Council in January of 2021 (SSF RES 65-2021),and an additional $1,600,000 for construction of the project that was then approved by SSF City Council in January of 2022, for a combined, total project budget of $8,519,000. The Countywide Smart Corridor Project is a joint effort between Caltrans,C/CAG,and Cities of San Mateo County to address traffic congestion on local streets and main arterials in San Mateo County.On September 25, 2008,the City of South San Francisco executed a Memorandum of Understanding (MOU)with all participating parties in which the City agreed to work cooperatively and to provide input during the development of the Smart Corridor Project.The executed MOU addressed the general objectives and framework of the Smart Corridor Project and was not intended to commit any agency to funding,or long-term significant maintenance and operations responsibilities.As the Smart Corridor Project in South San Francisco proceeds,agreements are in place to address specific responsibilities between the City of SSF and C/CAG regarding various aspects of the Project in the City. Listed below is a summary of responsibilities split between the City and C/CAG: ·The City will continue to own and maintain all upgraded city-owned equipment, ·The City will own the new equipment located within the City right-of-way, ·The City will be responsible for the electrical cost and any graffiti removal from all equipment located within the City right-of-way, ·C/CAG will be responsible for maintenance of all new above ground equipment, ·The City will be responsible for protecting the new underground communication lines, and ·The City will continue to operate all upgraded equipment during daily operations. During major traffic incidents along US-101,Caltrans will control traffic signals,cameras,and directional signs.A separate agreement will be drafted between the City and Caltrans outlining operations of traffic cameras and directional signs during major traffic incidents. City of South San Francisco Printed on 11/3/2023Page 4 of 6 powered by Legistar™258 File #:23-793 Agenda Date:11/8/2023 Version:1 Item #:12. FISCAL IMPACT Adopting this resolution will have no fiscal impact on the City.This project is included in the City of South San Francisco’s Fiscal Year 2021-2022 Capital Improvements Program (Project No.tr2002)and is funded through State and County funding.There is sufficient budget in the project for the design contract amendment, the construction management contract amendment,and the construction contract amendment costs.Adopting this resolution will only increase the contingency amounts for all three (3) contracts. A breakdown for the project funding is outlined in the following table: State State Transportation Improvement Program $200,000 C/CAG County Measure M $160,000 State State Transportation Improvement Program $2,044,000 State Traffic Light Synchronization Program $3,598,000 C/CAG County Measure M $917,000 C/CAG County Measure M $1,600,000 Total Construction Funding $8,519,000 Current Approved Commitments (tr2002)Current Increase Total Econolite Services, Inc.$5,909,972 $500,000 $6,409,972 Kimley-Horn Associates, Inc.$500,000 $80,000 $580,000 Zoon Engineering, Inc.$633,305 $180,000 $813,305 Ninyo & Moore Geotechnical $30,810 $0 $30,810 Miscellaneous In-Direct Costs (estimated)$300,000 $0 $300,000 Total Approved Commitments $7,374,087 $760,000 $8,134,087 C/CAG, as the Project Sponsor, is funding the project and will also be responsible for any cost overrun. RELATIONSHIP TO STRATEGIC PLAN Approving this resolution will contribute to the City’s Strategic Plan outcome of improved Quality of Life by providing traffic relief in case of an accident along US-101 and supporting the overall Countywide Smart Corridor Program. CONCLUSION Staff recommends that City Council adopt a resolution approving a contract amendment with Kimley-Horn and Associates,Inc.for an additional $80,000 in contingency budget,approving a contract amendment with Zoon Engineering,Inc.for an additional $180,000 in contingency budget,and approving a contract amendment with Econolite Systems,Inc.for an additional $500,000 in contingency budget,all for the Smart Corridor South San Francisco Expansion Project (Project No. tr2002). Attachments: City of South San Francisco Printed on 11/3/2023Page 5 of 6 powered by Legistar™259 File #:23-793 Agenda Date:11/8/2023 Version:1 Item #:12. 1.Presentation by C/CAG 2.Presentation by SSF Staff City of South San Francisco Printed on 11/3/2023Page 6 of 6 powered by Legistar™260 San Mateo County Smart Corridor Expansion City of South San Francisco – City Council MeetingNovember 8, 2023 Image Source: http://astanehelaw.com/2020/09/02/san-mateo-county-passes-emergency-ordinance-establishing-paid-sick-leave-for-the-coronavirus-covid-19-pandemic/ 1 261 Mission: 2 C/CAG provides a forum for all 21 jurisdictions to work together on common issues, to develop cost-effective solutions, and to meet certain statewide mandates. •C/CAG is the San Mateo County “Congestion Management Agency (CMA)”, also known as “County Transportation Agency (CTA)” •Countywide Water Pollution Prevention Program •Airport/Land Use Commission 262 Collaborative Decision Making 3 263 What is Smart Corridor? 4 264 Designed to enhance mobility Installs traffic management infrastructure and communications Enable active traffic management capabilities and coordination (Minimize delay up to 21%) Allows drivers to make informed choices The Concept 5 5 265 Under Construction Construction ReadyProgram Alignment 6 6 266 Devices Qty Installed Trailblazer Signs 117 Traffic Controllers 236 Vehicle Detectors 40 CCTV Cameras 270 Total 663 Communications Miles Fiber optic Cable 50 Southern Segments 7 7 267 49 TRAFFIC SIGNAL CONTROLLERS 81 CCTV CAMERAS7 TRAILBLAZER SIGNS 7 DETECTION STATIONS 8.5 MILES OF FIBER COMMUNICATIONS 4 DYNAMIC MESSAGING SIGNS1 VIDEO WALL South San Francisco Project Elements Total Planning, Design and Construction Cost: $8.519M 8 8 268 Cable with optical fibers that provide reliable connections and communications. Fiber Communications Network Smart Corridor Uses •Traffic signal connections •Incident management •Field device communications •Interagency communications Other Common Uses •City facility connections •Internet, television, phone services •Facilitating public services •Connected vehicle/automated vehicles •Smart street lighting 9 9 269 Fiber Alignment 10 10 270 Recent Smart Corridor Use Cases US-101 Freeway Closure •Caltrans bridge replacement over US-101 in Redwood City •NB and SB 101 closed for two weekends in Sept. and Oct. •Trailblazer signs displayed messages to reroute motorists off US-101 Message Signs •Displays text messages, arrows, and freeway shields to guide motorists •Can also display custom messages for City events 11 11 271 Thank you Kaki Cheung C/CAG Deputy Director kcheung1@smcgov.org Image Source: http://astanehelaw.com/2020/09/02/san-mateo-county-passes-emergency-ordinance-establishing-paid-sick-leave-for-the-coronavirus-covid-19-pandemic/ 272 SOUTH SAN FRANCISCO SMART CORRIDOR EXPANSION CONTINGENCY INCREASES FOR DESIGN SUPPORT, CONSTRUCTION MANAGEMENT AND CONSTRUCTION NOVEMBER 8, 2023 1 273 SSF Smart Corridor Expansion 2 PROJECT LOCATION MAP 2 274 SSF Smart Corridor Expansion 3 SYSTEM INTEGRATION (ADDITIONAL SCOPE) Resulted in Cost & Time Impacts pushing out the Completion Date 2 Months Coordination/Testing + 3 Months System Monitoring/Training 275 SSF Smart Corridor Expansion 4 MATERIAL PROCUREMENT IMPACTS 4 Contract Only Allocated 80 WD’s (16 Weeks) for Material Procurement Required 36 Weeks for Procurement Required 40 Weeks for Procurement Required 65 Weeks for Procurement 276 SSF Smart Corridor Expansion 5 OVERHEAD & UNDERGROUND UTILITY CONFLICTS Resulted in Cost & Time Impacts pushing out the Completion Date 277 SSF Smart Corridor Expansion 6 BURIED MANMADE OBJECTS AND UTILITY CONFLICTS Resulted in Cost & Time Impacts pushing out the Completion Date 278 SSF Smart Corridor Expansion 7 KIMLEY-HORN AND ASSOCIATES, INC. 7 DESIGN CONSULTANT Current CSA Contract Budget $ 500,000 + CSA Amendment No. 04 (Increased Contingency)$ 80,000 Amended CSA Contract Budget $ 580,000 279 SSF Smart Corridor Expansion 8 ZOON ENGINEERING, INC. 8 CONSTRUCTION MANAGEMENT & INSPECTION Current CSA Contract Budget $ 633,305 + CSA Amendment No. 01 (Increased Contingency)$ 180,000 Amended CSA Contract Budget $ 813,305 280 SSF Smart Corridor Expansion 9 ECONOLITE SYSTEMS, INC. 9 PROCUREMENT OF MATERIALS AND CONSTRUCTION OF PROJECT Current Contract Budget $ 5,372,702 + Original Construction Contingency $ 537,270 + Increased Construction Contingency $ 500,000 Amended Contract Budget $ 6,409,972 281 SSF Smart Corridor Expansion 10 PROJECT BUDGET CHECK 10 Current Overall Project Budget $ 8,519,000 Current Total Contract Authority $ 7,374,087 + Total Increased Contingency Amount $ 760,000 Amended Total Contract Authority $ 8,134,087 Project is fully funded by C/CAG 282 SSF Smart Corridor Expansion 11 SSF SMART CORRIDOR EXPANSION TIMELINE 11 •Construction Began: March 2022 •Original Project Completion: December 2022 •Anticipated Project Completion: May 2024 New Timeline •Authorize increases in Construction Contingencies Recommendation 283 SSF Smart Corridor Expansion 12 Thank You 284 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:23-794 Agenda Date:11/8/2023 Version:1 Item #:12a. Resolution approving a contract amendment with Kimley-Horn and Associates,Inc.for an additional $80,000 in contingency budget,approving a contract amendment with Zoon Engineering,Inc.for an additional $180,000 in contingency budget,and approving a contingency increase for the contract with Econolite Systems, Inc.for an additional $500,000 in contingency budget,all for the Smart Corridor South San Francisco Expansion Project (Project No. tr2002). WHEREAS, the South San Francisco segment of the Smart Corridor Project is part of the overall countywide traffic management system Smart Corridors deployment; and WHEREAS,in December of 2019,the City authorized a Consulting Services Agreement with Kimley-Horn and Associates,Inc.for design services on the SSF Smart Corridor Expansion project in an amount not to exceed $336,000;and thereafter authorized multiple amendments to the Consulting Services Agreement, increasing the contract authority budget to the current not to exceed amount of $500,000; and WHEREAS,in May of 2021,the City authorized a Consulting Services Agreement with Zoon Engineering, Inc.for construction management and inspection services on the SSF Smart Corridor Expansion project in an amount not to exceed $633,305; and WHEREAS,in January of 2022,the City awarded a construction contract to Econolite Systems,Inc.in an amount not to exceed $5,372,702;and authorized a construction contract authority budget of $5,909,972 for construction of the SSF Smart Corridor Expansion project; and WHEREAS,the City/County Association of Governments (C/CAG),as the funding agency for the project,has approved a total project budget of $8,519,000,which is funded in part by the State and in part by C/CAG for the design and construction of the South San Francisco segment of the Smart Corridor Project; and WHEREAS,Kimley-Horn and Associates,Inc.is the City’s design engineer for the South San Francisco Segment of the Smart Corridor Project; and WHEREAS,to date,Kimley-Horn has provided professional services to complete the design,permitting, construction documents, and provided design support during construction; and WHEREAS,staff recommends approving an amendment to the Kimley-Horn and Associates,Inc.contract to provide additional design support during construction for an additional amount of $80,000,and authorizing a total contract authority budget of $580,000; and WHEREAS,Zoon Engineering,Inc.is the City’s construction management and inspection consultant for the South San Francisco Segment of the Smart Corridor Project; and WHEREAS,to date,Zoon Engineering has provided professional services to assist in management and inspection of the construction phase of the project; and City of South San Francisco Printed on 11/3/2023Page 1 of 3 powered by Legistar™285 File #:23-794 Agenda Date:11/8/2023 Version:1 Item #:12a. WHEREAS,staff recommends approving an amendment to the Zoon Engineering,Inc.contract to provide additional construction management and inspection services for an additional amount of $180,000,and authorizing a total contract authority budget of $813,305; and WHEREAS,Econolite Services,Inc.is the City’s construction contractor for the South San Francisco Segment of the Smart Corridor Project; and WHEREAS,to date,Econolite Services has provided services for procurement of materials and the construction of the project; and WHEREAS,staff recommends approving a contingency increase for the Econolite Services,Inc.contract for additional construction contingency in the amount of $500,000 to be used to address any additional costs related to design changes and cost impacts incurred during construction,and authorizing a total contract authority budget of $6,409,972,and for the City Manager to execute subsequent contract amendment(s)within the project budget subject to approval as to form by the City Attorney; and WHEREAS,the contract amendments and contingency budget increase as recommended herein will continue to facilitate the Smart Corridor South San Francisco expansion project as a joint effort between the City, C/CAG and the State Department of Transportation (CalTrans). NOW THEREFORE BE IT RESOLVED,that the City Council of South San Francisco hereby takes the following actions: 1.Approves a contract amendment with Kimley-Horn and Associates, Inc., a draft of which is attached hereto as Exhibit A and incorporated herein, for an additional $80,000 in contingency, and authorizing a total consulting services contract authority budget of $580,000. 2.Authorizes the City Manager to execute the agreement amendment with Kimley-Horn and Associates, Inc.,in substantially the same form as Exhibit A,and to make any revisions,amendments,or modifications deemed necessary to carry out the intent of this resolution,which do not materially alter or increase the City’s obligations thereunder, subject to approval as to form by the City Attorney. 3.Approves a contract amendment with Zoon Engineering, Inc., a draft of which is attached hereto as Exhibit B and incorporated herein, for an additional $180,000 in contingency, extending the contract term of services, and authorizing a total consulting services contract authority budget of $813,305. 4.Authorizes the City Manager to execute the agreement amendment with Zoon Engineering, Inc., in substantially the same form as Exhibit B, and to make any revisions, amendments, or modifications deemed necessary to carry out the intent of this resolution, which do not materially alter or increase the City’s obligations thereunder, subject to approval as to form by the City Attorney. 5.Approves a contingency increase for the contract with Econolite Systems, Inc., in the amount of $500,000 in contingency and authorizing a total construction contract authority budget of $6,409,972. The City Manager is further authorized to execute subsequent amendment(s) to the contract with Econolite Systems, Inc. up to the contract budget amount inclusive of the additional contingency City of South San Francisco Printed on 11/3/2023Page 2 of 3 powered by Legistar™286 File #:23-794 Agenda Date:11/8/2023 Version:1 Item #:12a. amount approved herein, subject to approval as to form by the City Attorney. BE IT FURTHER RESOLVED that the City Council of the City of South San Francisco authorizes the Finance Department to establish the Project Budget consistent with the information contained in the staff report and authorizes the City Manager to utilize unspent amount of the total Project,if necessary,towards the construction contingency budget. BE IT FURTHER RESOLVED that the City Council of the City of South San Francisco authorizes the City Manager to take any other related actions consistent with the intention of the Staff Report and Resolution. ***** City of South San Francisco Printed on 11/3/2023Page 3 of 3 powered by Legistar™287 Exhibit A – Draft Fourth Amendment to Kimley-Horn CSA Page 1 of 3 FOURTH AMENDMENT TO THE CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND KIMLEY-HORN AND ASSOCIATES, INC. THIS FOURTH AMENDMENT TO THE CONSULTING SERVICES AGREEMENT is made at South San Francisco, California, as of November 9, 2023, by and between THE CITY OF SOUTH SAN FRANCISCO (“City”), a municipal corporation, and KIMLEY-HORN AND ASSOCIATES, INC. (“Consultant”), (sometimes referred together as the “Parties”) who agree as follows: RECITALS A. On April 3, 2017, City and Consultant entered that certain Consulting Services Agreement (“Agreement”) whereby Consultant agreed to provide the City with certain services for the South San Francisco Smart Corridor Extension Project. A true and correct copy of the Agreement and its exhibits are attached as Attachment 1 – Kimley-Horn Original CSA. B. On October 20, 2021, City and Consultant executed a First Amendment to the Agreement to extend the Agreement term. A true and correct copy of the First Amendment and its exhibits are attached as Attachment 2 – First Amendment to Kimley-Horn CSA. C. On January 26, 2022, City and Consultant executed a Second Amendment to the Agreement to extend the Agreement term and compensation amount. A true and correct copy of the Second Amendment and its exhibits are attached as Attachment 3 – Second Amendment to Kimley-Horn CSA. D. On January 26, 2022, City and Consultant executed a Third Amendment to the Agreement to extend the Agreement term and compensation amount. A true and correct copy of the Third Amendment and its exhibits are attached as Attachment 4 – Third Amendment to Kimley- Horn CSA. E. City and Consultant now desire to amend the Agreement to amend the compensation amount. NOW, THEREFORE, for and in consideration of the promises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and Consultant hereby agree as follows: 1. All terms which are defined in the Agreement shall have the same meaning when used in this Amendment, unless specifically provided herein to the contrary. 2. Section 2: Compensation. Section 2 of the Agreement shall be amended such that the City agrees to pay Consultant an additional sum of $80,000, for an amended total not-to-exceed amount of $580,000. 288 Exhibit A – Draft Fourth Amendment to Kimley-Horn CSA Page 2 of 3 Consultant agrees this is the City’s total contribution for payment of costs under the Agreement unless additional payments are authorized in accordance with the terms of the Agreement and said terms of payment are mutually agreed to by and between the parties inwriting. All other terms, conditions and provisions in the Agreement remain in full force and effect. If there is a conflict between the terms of this Amendment and the Agreement, the terms of the Agreement will control unless specifically modified by this Amendment. [SIGNATURES ON THE FOLLOWING PAGE] 289 Exhibit A – Draft Fourth Amendment to Kimley-Horn CSA Page 3 of 3 Dated: 11/09/2023 CITY OF SOUTH SAN FRANCISCO KIMLEY-HORN AND ASSOCIATES, INC. By: By: City Manager Kwasi Akwabi-Ameyaw Assistant Secretary/Project Manager Approved as to Form: By: City Attorney Attest: By: City Clerk 290 Exhibit A – Draft Fourth Amendment to Kimley-Horn CSA Attachment 1 – Kimley-Horn Original CSA 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 Exhibit A – Draft Fourth Amendment to Kimley-Horn CSA Attachment 2 – First Amendment to Kimley-Horn CSA 320 321 322 Exhibit A – Draft Fourth Amendment to Kimley-Horn CSA Attachment 3 – Second Amendment to Kimley-Horn CSA 323 324 325 326 Exhibit A – Draft Fourth Amendment to Kimley-Horn CSA Attachment 4 – Third Amendment to Kimley-Horn CSA 327 CONTRACT/AGREEMENT APPROVAL FORM DATE AMOUNT DATE AMOUNT 328 Page 1 of 3 THIRD AMENDMENT TO THE CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND KIMLEY-HORN AND ASSOCIATES, INC. THIS THIRD AMENDMENT TO THE CONSULTING SERVICES AGREEMENT is made at South San Francisco, California, as of March 22, 2023, by and between THE CITY OF SOUTH SAN FRANCISCO a municipal corporation, and KIMLEY-HORN AND ASSOCIATES, INC. Consultant (sometimes referred together as the who agree as follows: RECITALS A. On April 3, 2017, City and Consultant entered that certain Consulting Services Agreement whereby Consultant agreed to provide the City with certain services for the South San Francisco Smart Corridor Extension Project. A true and correct copy of the Agreement and its exhibits are attached as Attachment 1 Kimley-Horn Original CSA. B. On October 20, 2021, City and Consultant executed a First Amendment to the Agreement to extend the Agreement term. A true and correct copy of the First Amendment and its exhibits are attached as Attachment 2 First Amendment to Kimley-Horn CSA. C. On January 26, 2022, City and Consultant executed a Second Amendment to the Agreement to extend the Agreement term and compensation amount. A true and correct copy of the Second Amendment and its exhibits are attached as Attachment 3 Second Amendment to Kimley-Horn CSA. D. City and Consultant now desire to amend the Agreement to extend its term and amend the compensation amount. NOW, THEREFORE, for and in consideration of the promises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and Consultant hereby agree as follows: 1. All terms which are defined in the Agreement shall have the same meaning when used in this Amendment, unless specifically provided herein to the contrary. 2. Section 1.1: Term of Services. The end date for the term of service, as stated in Section 1.1 and amended by the First Amendment, is hereby extended to May 31, 2024. 3. Section 2: Compensation. Section 2 of the Agreement shall be amended such that the City agrees to pay Consultant an additional sum of $88,344.90, for an amended total not-to-exceed amount of $448,064.90, with the understanding that up to $366,262.05 has already been paid to Consultant. Consultant 329 Page 2 of 3 the Agreement unless additional payments are authorized in accordance with the terms of the Agreement and said terms of payment are mutually agreed to by and between the parties inwriting. All other terms, conditions and provisions in the Agreement remain in full force and effect. If there is a conflict between the terms of this Amendment and the Agreement, the terms of the Agreement will control unless specifically modified by this Amendment. [SIGNATURES ON THE FOLLOWING PAGE ] 330 Page 3 of 3 Dated: 03/22/2023 CITY OF SOUTH SAN FRANCISCO KIMLEY-HORN AND ASSOCIATES, INC. By: By: City Manager Kwasi Akwabi-Ameyaw Assistant Secretary/Project Manager Approved as to Form: By: City Attorney Attest: By: City Clerk 331 332 333 INSR ADDLSUBR LTR INSR WVD DATE (MM/DD/YYYY) PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? EACH OCCURRENCE $ DAMAGE TO RENTED $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $ PRO- OTHER: LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person) $ANY AUTO OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS AUTOS ONLY HIRED PROPERTY DAMAGE $AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DESCRIPTION OF OPERATIONS below POLICY NON-OWNED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) ACORDTM CERTIFICATE OF LIABILITY INSURANCE National Union Fire Ins. Co. Allied World Assurance Company (U.S.) New Hampshire Ins. Co. Lloyds of London 2/28/2023 Greyling Ins. Brokerage/EPIC 3780 Mansell Road, Suite 370 Alpharetta, GA 30022 Jerry Noyola 770-220-7699 jerry.noyola@greyling.com Kimley-Horn and Associates, Inc. 421 Fayetteville Street, Suite 600 Raleigh, NC 27601 19445 19489 23841 085202 22-24 A X X X Contractual Liab X X GL5268169 04/01/2022 04/01/2024 1,000,000 500,000 25,000 1,000,000 2,000,000 2,000,000 A X X X CA4489663 04/01/2022 04/01/2024 2,000,000 B X X X X 10,000 03127930 04/01/2022 04/01/2024 5,000,000 5,000,000 C C N WC015893685 (AOS) WC015893686 (CA) 04/01/2022 04/01/2022 04/01/2024 04/01/2024 X 1,000,000 1,000,000 1,000,000 D Professional Liab B0146LDUSA2204949 04/01/2022 04/01/2024Per Claim $2,000,000 Aggregate $2,000,000 Re: City of South San Francisco-On Call; Mike Mowery. The City of South San Francisco, its officers, employees, agents & volunteers are named as Additional Insureds with respects to General Liability where required by written contract. The above referenced liability policies with the exception of workers compensation & professional liability are primary & non-contributory where required by written contract. Should any of the above described policies be cancelled by the issuing insurer before the expiration date (See Attached Descriptions) City of South San Francisco 315 Maple Avenue South San Francisco, CA 94080-0000 1 of 2 #S3186640/M3180884 KIMLHORNClient#: 25320 JNOY1 334 SAGITTA 25.3 (2016/03) DESCRIPTIONS (Continued from Page 1) thereof, we will endeavor to provide 30 days' written notice (except 10 days for nonpayment of premium) to the Certificate Holder. 2 of 2 #S3186640/M3180884 335 POLICY NUMBER: ADDITIONAL INSURED - OWNERS, LESSEES ORCONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Insurance Services Office, Inc., 2018CG 20 10 12 19 Page 1 of 2 A. Section II 6 Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1.Your acts or omissions; or 2.The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1.All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2.That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. ANY PERSON OR ORGANIZATION WHOM YOU BECOME OBLIGATED TO INCLUDE AS AN PER THE CONTRACT OR AGREEMENT. ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. GL 526-81-69GL5268169 336 Insurance Services Office, Inc., 2018Page 2 of 2 CG 20 10 12 19 C.With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. 337 POLICY NUMBER: ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART GL 526-81-69 ANY PERSON OR ORGANIZATION WHOM YOU BECOME OBLIGATED TO INCLUDE AS AN ADDITIONAL INSURED AS A RESULT OF ANY CONTRACT OR AGREEMENT YOU HAVE ENTERED INTO. PER THE CONTRACT OR AGREEMENT. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2.If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B.With respect to the insurance afforded to these additional insureds, the following is added to Section III – Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. CG 20 37 12 19 Page ofInsurance Services Office, Inc., 2018 11 GL5268169 338 Exhibit B – Draft First Amendment to Zoon Engineering CSA Page 1 of 3 FIRST AMENDMENT TO THE CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND ZOON ENGINEERING, INC. THIS FIRST AMENDMENT TO THE CONSULTING SERVICES AGREEMENT is made at South San Francisco, California, as of November 9, 2023, by and between THE CITY OF SOUTH SAN FRANCISCO (“City”), a municipal corporation, and ZOON ENGINEERING, INC. (“Consultant”), (sometimes referred together as the “Parties”) who agree as follows: RECITALS A. On May 26, 2021, City and Consultant entered that certain Consulting Services Agreement (“Agreement”) whereby Consultant agreed to provide the City with certain services for the South San Francisco Smart Corridor Extension Project. A true and correct copy of the Agreement and its exhibits are attached as Attachment 1 – Zoon Engineering Original CSA. B. City and Consultant now desire to amend the Agreement to extend its term and amend the compensation amount. NOW, THEREFORE, for and in consideration of the promises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and Consultant hereby agree as follows: 1. All terms which are defined in the Agreement shall have the same meaning when used in this Amendment, unless specifically provided herein to the contrary. 2. Section 1.1: Term of Services. The end date for the term of service, as stated in Section 1.1 and amended by the First Amendment, is hereby extended to May 31, 2024. 3. Section 2: Compensation. Section 2 of the Agreement shall be amended such that the City agrees to pay Consultant an additional sum of $180,000, for an amended total not-to-exceed amount of $813,305. Consultant agrees this is the City’s total contribution for payment of costs under the Agreement unless additional payments are authorized in accordance with the terms of the Agreement and said terms of payment are mutually agreed to by and between the parties inwriting. All other terms, conditions and provisions in the Agreement remain in full force and effect. If there is a conflict between the terms of this Amendment and the Agreement, the terms of the Agreement will control unless specifically modified by this Amendment. [SIGNATURES ON THE FOLLOWING PAGE] 339 Exhibit B – Draft First Amendment to Zoon Engineering CSA Page 2 of 3 Dated: 11/09/2023 CITY OF SOUTH SAN FRANCISCO ZOON ENGINEERING, INC. By: By: City Manager Nabil Hissin Chief Executive Officer Approved as to Form: By: City Attorney Attest: By: City Clerk 340 Exhibit B – Draft First Amendment to Zoon Engineering CSA Attachment 1 – Zoon Engineering Original CSA 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:23-871 Agenda Date:11/8/2023 Version:1 Item #:13. Report regarding a resolution authorizing the City Manager to execute a Second Amendment to the Purchase and Sale Agreement with Eden Housing for the former City-owned parcel at 201 Baden Avenue.(Nell Selander, Economic & Community Development Director) RECOMMENDATION Staff recommends City Council adopt a resolution authorizing the City Manager to execute a Second Amendment to the Purchase and Sale Agreement with Eden Housing,Inc.for the former City-owned parcel at 201 Baden Avenue. BACKGROUND The former City-owned property at 201 Baden Avenue (“the Property”)is improved with a retired firehouse.In 2017,the City determined that the underutilized Property presented an opportunity for redevelopment and issued a Request for Qualifications (“RFQ”)to potential developers.Based on the RFQ responses,the City selected a development team comprised of a commercial owner/user to restore and convert the firehouse to office and a residential developer.Ultimately,Eden Housing,Inc (“Eden”),a nonprofit affordable housing developer,was selected as the housing development partner. In November 2021,the City and Eden executed a Purchase and Sale Agreement (the “PSA”) pursuant to which Eden would purchase approximately 0.3-acre portion of the Property (the “Eden Parcel”),the portion not occupied by the retired firehouse,for a senior affordable housing project.The PSA specified a purchase price of $1.00 and a close of escrow date of no later than December 31,2022,to comply with the Surplus Land Act.The PSA required Eden to execute a purchase agreement with the owner of the adjacent property,199 Airport Boulevard,on which an existing KFC restaurant is located (the “KFC Parcel”), to build a larger 82-unit project. KFC Parcel The KFC Parcel is owned by a private owner who is a former employee of Harman,one of the largest franchisers of KFCs in the United States.The KFC Parcel was given to the current owner by Harman as a form of a retirement plan,with retirement income earned from the KFC restaurant lease.Harman owns the KFC franchise restaurant on the KFC Parcel.Harman also has reversionary purchase rights for the KFC Parcel, meaning it will one day own it. Harman has a significant interest in partnering with Eden to build a new state of the art restaurant with a drive-through and,as such,Harman has been trying to obtain title to the land prior to its reversionary rights being triggered.Eden has negotiated a purchase agreement with Harman,as is City of South San Francisco Printed on 11/3/2023Page 1 of 3 powered by Legistar™373 File #:23-871 Agenda Date:11/8/2023 Version:1 Item #:13. reversionary rights being triggered.Eden has negotiated a purchase agreement with Harman,as is required by the PSA,but it has not been executed because Harman has been unable to obtain title from the current owner.Harman has executed its reversionary rights on other similar properties,as this practice of conveying a property to a former employee as a retirement benefit was a practice of the company for some time. As the deadline of December 31,2022 approached to close escrow with Eden on the Eden Parcel it became clear that Harman would not obtain title to the KFC Parcel and therefore would not be able to execute the purchase agreement they had negotiated with Eden.It was at that point that Eden requested a First Amendment to the PSA. First Amendment to the PSA Following Council’s adoption of Resolution 221-2022 and effective December 14,2022,the City and Eden executed a First Amendment to the PSA allowing Eden one more year (until December 31, 2023)to execute a purchase agreement with Harman.If unable to do so,Eden would be able to pursue a smaller,roughly 50-unit project on the Eden Parcel at the City’s discretion.If the City opted not to accept the smaller project, the property would revert to the City. Following approval of the First Amendment to the PSA,Eden continued to try to work with Harman to acquire the KFC Parcel.Eden also introduced the City to Harman to discuss the acquisition directly. Since April 2023,Harman has ceased communication with both Eden and the City.Eden then turned to confirming the suitability of the Eden Parcel alone for a senior affordable housing development. Eden has confirmed that they would like to pursue a smaller,68-unit building on the Eden Parcel and is requesting a Second Amendment to the PSA to proceed with entitling,financing,and eventually constructing the smaller project. DISCUSSION City staff appreciates that Eden’s conversations with Harman have stalled,all but ensuring Eden will not be able to acquire the property by the end of 2023 as required by the First Amendment to the PSA.The City’s direct contact with Harman has similarly stalled.Additionally,Eden has begun designing a one-site project with 68 units,just 14 less than originally envisioned in the two-site project.This one-site project is consistent with the alternative smaller project contemplated in the First Amendment to the PSA. Staff believes this one-site project has the ability to be financed and move forward.Eden has secured $6.9 million in funding toward the $48 million total project cost,including City financing that was matched by a competitive State grant,the Local Housing Trust Fund grant program,and a competitive San Mateo County Affordable Housing Fund grant.Eden intends to seek additional County funding and State funding,and 9%Low Income Housing Tax Credits.Additionally,while the smaller,one-site project offers 14 fewer units than the two-site project,it will make a meaningful contribution to the City’s Regional Housing Needs Allocation (RHNA)obligation -adding 68 low and very low-income housing units to the City’s housing stock. City of South San Francisco Printed on 11/3/2023Page 2 of 3 powered by Legistar™374 File #:23-871 Agenda Date:11/8/2023 Version:1 Item #:13. Should the City reject the small,one-site project concept and the property revert to the City there is unlikely to be substantial development interest in the site for some time.It is a small,roughly 10,000 square foot site that is unlikely to be appealing,especially in this market,to market rate housing developers or commercial developers.Eden is an experienced affordable housing developer that has committed resources over the past year advancing design of a smaller 68-unit building,positioning themselves to compete for funding over the next several funding cycles. Second Amendment to the PSA The Second Amendment to the PSA would authorize Eden to move forward to with the smaller,one-site project,while keeping intact the reversionary interest.If Eden does not develop the affordable housing project, the property would still revert back to the City. FISCAL IMPACT There is no fiscal impact of adopting this resolution. State Grant In January 2022,the City was awarded a competitive Local Housing Trust Fund (LHTF)grant by the California Department of Housing and Community Development (HCD)for the project with Eden.The award of $2,362,500 will be matched by the City’s land contribution and a loan of $1,882,500 from the City’s Housing Trust Fund.City staff has confirmed with HCD that the full amount of the State award can be used toward the smaller,one-site project,so the award is not affected by Council’s consideration of adopting the Second Amendment to the PSA. RELATIONSHIP TO STRATEGIC PLAN This request is in alignment with Priority 2,Quality of Life,and providing a full range of housing options to the South San Francisco community. CONCLUSION Staff recommends City Council adopt a resolution authorizing the City Manager to execute a Second Amendment to the Purchase and Sale Agreement with Eden Housing,Inc.for the former City-owned parcel at 201 Baden Avenue. City of South San Francisco Printed on 11/3/2023Page 3 of 3 powered by Legistar™375 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:23-929 Agenda Date:11/8/2023 Version:1 Item #:13a. Resolution authorizing the City Manager to execute a Second Amendment to the Purchase and Sale Agreement with Eden Housing for the former City-owned parcel at 201 Baden Avenue. WHEREAS,in November 2021,the City and Eden Housing,Inc executed a Purchase and Sale Agreement (the “PSA”)pursuant to which Eden would purchase approximately 0.3-acre portion of a former City-owned property located at 201 Baden Avenue (the “Eden Parcel”)for a senior affordable housing project (Exhibit A); and WHEREAS,the PSA specified a purchase price of $1.00 and a close of escrow date of no later than December 31, 2022, to comply with the State Surplus Land Act; and WHEREAS,the PSA required Eden to execute a purchase agreement with the owner of the adjacent property, 199 Airport Boulevard,on which an existing KFC restaurant is located (the “KFC Parcel”),to build a larger 82-unit project; and WHEREAS,the KFC Parcel is owned by a private owner and Harman,one of the largest franchisers of KFCs in the United States, owns the KFC franchise restaurant on the KFC Parcel; and WHEREAS,Harman also has reversionary purchase rights for the KFC Parcel,meaning it will one day own it; and WHEREAS,Harman has a significant interest in partnering with Eden to build a new state of the art restaurant with a drive-through and,as such,Harman has been trying to obtain title to the land prior to its reversionary rights being triggered; and WHEREAS,Eden has negotiated a purchase agreement with Harman,as is required by the PSA,but it has not been executed because Harman has been unable to obtain title from the current owner; and WHEREAS,as the deadline of December 31,2022 approached to close escrow with Eden on the Eden Parcel it became clear that Harman would not obtain title to the KFC Parcel and therefore would not be able to execute the purchase agreement they had negotiated with Eden; and WHEREAS,on December 14,2022,City Council adopted Resolution 221-2022 approving a First Amendment to the PSA allowing Eden one more year (until December 31,2023)to execute a purchase agreement with Harman (Exhibit B); and WHEREAS,if unable to execute a purchase agreement with Harman,Eden would be able to pursueCity of South San Francisco Printed on 11/3/2023Page 1 of 2 powered by Legistar™376 File #:23-929 Agenda Date:11/8/2023 Version:1 Item #:13a. WHEREAS,if unable to execute a purchase agreement with Harman,Eden would be able to pursue a smaller, roughly 50-unit project on the Eden Parcel at the City’s discretion; and WHEREAS,if the City opted not to accept the smaller project,the property would revert to the City; and WHEREAS,Harman has been unable to secure title to the land and execute the purchase agreement with Eden; and WHEREAS,Eden wishes to move forward with a smaller,one-site,68-unit project,which is consistent with the alternative option contemplated under the First Amendment,and has sought a Second Amendment to the PSA. NOW,THEREFORE,BE IT RESOLVED that the City Council of the City of South San Francisco does hereby approve and authorize the City Manager to execute a Second Amendment to the Purchase and Sale Agreement with Eden Housing for the former City-owned parcel at 201 Baden Avenue in substantially the same form as contained in Exhibit C to this resolution,attached hereto and incorporated herein,subject to approval as to form by the City Attorney. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute any documents necessary on behalf of the City to carry out the intent of this resolution, subject to approval by the City Attorney. Exhibits: A.Purchase and Sale Agreement B.First Amendment to the Purchase and Sale Agreement C.Second Amendment to the Purchase and Sale Agreement ***** City of South San Francisco Printed on 11/3/2023Page 2 of 2 powered by Legistar™377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 Place Holder for Exhibit A First Amendment to the Purchase and Sale Agreement Please see Attachment 2 411 412